SCHEDULE 1DISABLEMENT DUE TO SERVICE IN THE ARMED FORCES
PART IGROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS
1
In this Schedule—
a
references to a Group shall be construed as references to those members of the armed forces who hold the rank or status listed under that Group; and
b
the amount of any award in respect of that Group is that amount shown in the following Parts of this Schedule against that Group.
2
The Groups referred to in the foregoing paragraph comprise:—
GROUP1:— | |
---|---|
Royal Navy | Rear-Admiral |
Royal Marines | Major-General |
Army | Major-General Chief Controller |
RAF | Air Vice-Marshal |
GROUP 2:— | |
Army | Brigadier-General |
RAF | Air Commodore disabled as a result of service during the 1914 World War |
GROUP 3:— | |
Navy | Commodore 1st or 2nd Class Captain with 6 or more years seniority whose service terminated on or after 1st April 1970. |
Royal Marines | Colonel-Commandant Colonel whose service terminated on or after 1st April 1970. |
WRNS | Commandant Member with status of Commodore |
Army | Brigadier Senior Controller Member with status of Brigadier |
RAF | Air Commodore Air Commandant Member with status of Air Commodore |
GROUP 4:— | |
Navy | Captain of less than 6 years seniority or whose service terminated before 1st April 1970. |
Royal Marines | Colonel 2nd Commandant Colonel whose service terminated before1st April 1970 Lieutenant-Colonel and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919 to be included in Group 5 |
WRNS | Superintendent Member with status of Captain RN |
Army | Colonel Controller Member with status of Colonel |
RAF | Group Captain Group Officer Member with status of Group Captain |
GROUP 5:— | |
Navy | Commander |
Royal Marines | Major and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919 to be included in Group 6 |
WRNS | Chief Officer Member with status of Commander RN |
Army | Lieutenant-Colonel Chief Commander Member with status of Lieutenant-Colonel |
RAF | Wing Commander Wing Officer Member with status of Wing Commander |
GROUP 6:— | |
Navy | Lieutenant-Commander |
Royal Marines | Captain and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919, to be included in Group 7 |
WRNS | First Officer Member with status of Lieutenant-Commander RN |
Army | Major Senior Commander Member with status of Major |
RAF | Squadron Leader Squadron Officer Member with status of Squadron Leader |
GROUP 7:— | |
Navy | Lieutenant |
Royal Marines | Lieutenant with 4 years commissioned service or over |
WRNS | Second Officer Member with status of Lieutenant RN |
Army | Captain Junior Commander Member with status of Captain |
RAF | Flight Lieutenant Flight Officer Member with status of Flight Lieutenant |
GROUP 8:– | |
Navy | Sub-Lieutenant Acting Sub-Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant Rank >Midshipman (A) Midshipman or Cadet where service terminated on or after 1st January 1957 |
Royal Marines | Lieutenant with under 4 years commissioned service 2nd Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant Rank and corresponding ranks |
WRNS | Third Officer Woman member with status below Lieutenant RN |
Army | Lieutenant (Quartermasters, Assistant Pay Masters and Inspectors of Army Stores) Second Lieutenant Subaltern Second Subaltern Member with status below Captain |
RAF | Flying Officer Pilot Officer Acting Pilot Officer Section Officer Assistant Section Officer Member with status below Flight Lieutenant |
GROUP 9:– | |
Navy | Commissioned Officer (Branch List) Warrant Officer Midshipman Cadet after completion of shore training where, in the case of any of these ranks, service terminated before 1st January 1957. Naval Cadet (Serving with the Fleet) |
Royal Marines | Commissioned Officer (Branch List) Warrant Officer and corresponding ranks |
GROUP 10:– | |
Navy | Fleet Chief Petty Officer Fleet Chief Wren Member of a Voluntary Aid Detachment serving as an uncertificated Nurse Grade 1 |
Royal Marines | Regimental Sergeant-Major |
Army | Warrant Officer Class 1 |
RAF | Warrant Officer Airman Class A Member of a Voluntary Aid Detachment serving as an uncertificated Nurse Grade 1 |
GROUP 11:– | |
Royal Marines | Quartermaster Sergeant |
Army | Warrant Officer Class II Non-Commissioned Officer Class I |
RAF | Warrant Officer 2nd Class Airman Class B |
GROUP 12:– | |
Navy | Chief Petty Officer Chief Wren |
Royal Marines | Colour Sergeant |
Army | Staff Sergeant Non-Commissioned Officer Class II |
RAF | Flight Sergeant Airman Class C |
GROUP 13:– | |
Navy | Petty Officer Petty Officer Wren |
Royal Marines | Sergeant |
Army | Sergeant Non-Commissioned Officer Class III |
RAF | Sergeant Airman Class D |
GROUP 14:– | |
Navy | Leading Rating Leading Wren |
Royal Marines | Corporal |
Army | Corporal Non-Commissioned Officer Class IV |
RAF | Corporal Airman Class E |
GROUP 15:– | |
Navy | A B Rating Ordinary Rating Boy Wren |
Royal Marines | Marine |
Army | Private etc. Class V |
RAF | Senior Aircraftman Leading Aircraftman Aircraftsman Airman Class F Senior Aircraftwoman Leading Aircraftwoman Aircraftwoman |
PART IIRATES OF RETIRED PAY, PENSIONS, GRATUITIES AND ALLOWANCES
M19WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE
YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE
Degree of Disablement | Weekly Rate | Yearly Rate |
---|---|---|
Per cent | £ | £ |
100 | 159.50 | 8,323 |
90 | 143.55 | 7,490 |
80 | 127.60 | 6,658 |
70 | 111.65 | 5,826 |
60 | 95.70 | 4,994 |
50 | 79.75 | 4,161 |
40 | 63.80 | 3,329 |
30 | 47.85 | 2,497 |
20 | 31.90 | 1,665 |
PART IIIGRATUITIES PAYABLE FOR MINOR INJURIES
Sch. 1 Pt. 3 Tables 1, 2 substituted (11.4.2011) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 (S.I. 2011/235), arts. 1(1), 2(b), Sch. 2
Description of Injury | Assessments | Groups 1-15 | |
---|---|---|---|
For the loss of: | Per cent | £ | |
A. FINGERS | |||
Index finger— | |||
More than 2 phalanges including loss of whole finger | 14 | 7,584 | |
More than 1 phalanx but not more than 2 phalanges | 11 | 6,068 | |
1 phalanx or part thereof | 9 | 5,055 | |
Guillotine amputation of tip without loss of bone | 5 | 3,026 | |
Middle finger— | |||
More than 2 phalanges including loss of whole finger | 12 | 6,569 | |
More than 1 phalanx but not more than 2 phalanges | 9 | 5,055 | |
1 phalanx or part thereof | 7 | 4,042 | |
Guillotine amputation of tip without loss of bone | 4 | 2,527 | |
Ring or little finger— | |||
More than 2 phalanges including loss of whole finger | 7 | 4,042 | |
More than 1 phalanx but not more than 2 phalanges | 6 | 3,543 | |
1 phalanx or part thereof | 5 | 3,026 | |
Guillotine amputation of tip without loss of bone | 2 | 1,515 | |
B. TOES | |||
Great toe— | |||
Through metatarso-phalangeal joint | 14 | 7,584 | |
Part, with some loss of bone | 3 | 2,015 | |
1 other toe— | |||
Through metatarso-phalangeal joint | 3 | 2,015 | |
Part, with some loss of bone | 1 | 1,016 | |
2 toes, excluding great toe— | |||
Through metatarso-phalangeal joint | 5 | 3,026 | |
Part, with some loss of bone | 2 | 1,515 | |
3 toes, excluding great toe— | |||
Through metatarso-phalangeal joint | 6 | 3,543 | |
Part, with some loss of bone | 3 | 2,015 | |
4 toes, excluding great toe— | |||
Through metatarso-phalangeal joint | 9 | 5,055 | |
Part, with some loss of bone | 3 | 2,015 |
Assessment of degree of disablement | |||
---|---|---|---|
Groups 1-15 | 1 to 5 per cent | 6 to 14 per cent | 15 to 19 per cent |
£2,535 | £5,638 | £9,860 |
PART IVRATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS
Sch. 1 Pt. 4 Table substituted (11.4.2011) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 (S.I. 2011/235), arts. 1(1), 2(c), Sch. 3
Description of Allowance | Rate | |
---|---|---|
Groups 1-9 | Groups 10-15 | |
| ||
| ||
| £1,571 per annum | £30.10 per week |
| £3,141 per annum | £60.20 per week |
| £4,712 per annum | £90.30 per week |
| £6,282 per annum | £120.40 per week |
| ||
| £3,141 per annum1 | £60.20 per week1 |
| £6,282 per annum1 | £120.40 per week1 |
| £3,141 per annum | £60.20 per week |
| £1,571 per annum | £30.10 per week |
| £205 per annum | £205 per annum |
| ||
| £5,142 per annum | £98.55 per week |
| ||
| £2,857 per annum1 | £54.75 per week1 |
| ||
| £665 per annum | £12.75 per week |
| £780 per annum | £14.95 per week |
| £780 per annum | £14.95 per week |
For decisions made on or after 9th April 2001 | ||
| ||
| ||
| ||
| ||
| ||
| ||
| £1,020 per annum | £19.55 per week |
| ||
| ||
| £657 per annum | £12.60 per week |
| £329 per annum | £6.30 per week |
| ||
| £1,351 per annum | £25.90 per week |
| £676 per annum | £12.95 per week |
| £3,137 per annum1 | £60.12 per week1 |
| ||
| £558 per annum | £10.70 per week |
| £856 per annum | £16.40 per week |
| £1,218 per annum | £23.35 per week |
| £1,712 per annum | £32.80 per week |
| £73.20 per day1 | £73.20 per day1 |
| £2,995 per annum | £57.40 per week |
1 maximum. |
PART VASSESSMENT OF DISABLEMENT CAUSED BY SPECIFIED INJURIES AND OF CERTAIN OTHER DISABLEMENTS
Words in Sch. 1 Pt. 4 Table inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 15(d) (with art. 18)
Description of Injury | Assessment |
---|---|
Amputation Cases – Upper Limbs | per cent |
Loss of both hands or amputation at higher sites | 100 |
Forequarter amputation | 100 |
Amputation through shoulder joint | 90 |
Amputation below shoulder with stump less than 20.5 centimetres from tip of acromion | 80 |
Amputation from 20.5 centimetres from tip of acromion to less than 11.5 centimetres below tip of olecranon | 70 |
Amputation from 11.5 centimetres below tip of olecranon | 60 |
Loss of thumb | 30 |
Loss of thumb and its metacarpal bone | 40 |
Loss of 4 fingers | 50 |
Loss of 3 fingers | 30 |
Loss of 2 fingers | 20 |
Loss of terminal phalanx of thumb | 20 |
Amputation Cases – Lower Limbs | per cent |
Double amputation through thigh, or through thigh on one side and loss of other foot, or double amputation below thigh to 13 centimetres below knee | 100 |
Double amputation through leg lower than 13 centimetres below knee | 100 |
Amputation of one leg lower than 13 centimetres below knee and loss of other foot | 100 |
Amputation of both feet resulting in end-bearing stumps | 90 |
Amputation through both feet proximal to the metatarso-phalangeal joint | 80 |
Loss of all toes of both feet through the metatarso-phalangeal joint | 40 |
Loss of all toes of both feet proximal interphalangeal joint | 30 |
Loss of all toes of both feet distal to the proximal interphalangeal joint | 20 |
Hindquarter amputation | 100 |
Amputation through hip joint | 90 |
Amputation below hip with stump not exceeding 13 centimetres in length measured from tip of great trochanter | 80 |
Amputation below hip and above knee with stump exceeding 13 centimetres in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump | 70 |
Amputation at knee resulting in end-bearing stump, or below knee with stump not exceeding 9 centimetres | 60 |
Amputation below knee with stump exceeding 9 centimetres but not exceeding 13 centimetres | 50 |
Amputation below knee with stump exceeding 13 centimetres | 40 |
Amputation of one foot resulting in end-bearing stump | 30 |
Amputation through one foot proximal to the metatarso-phalangeal joint | 30 |
Loss of all toes of one foot proximal to the proximal interphalangeal joint, including amputations through the metatarso-phalangeal joint. | 20 |
Other Specific Injuries | per cent |
Loss of a hand and a foot | 100 |
Loss of one eye, without complications, the other being normal | 40 |
Loss of vision of one eye, without complications or disfigurement of the eyeball, the other being normal | 30 |
Loss of sight | 100 |
Other Disablements | per cent |
Very severe facial disfigurement | 100 |
Absolute deafness | 100 |
F7Mesothelioma | 100 |
Note:– Where the scheduled assessment for a specified injury involving multiple losses differs from the sum of the assessments for the separate injuries, the former is the appropriate assessment. |
PART VIASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS
Average of hearing losses (db) at 1,2and 3 kHz frequencies | Degree of Disablement |
---|---|
| per cent |
50 – 53 dB | 20 |
54 – 60 dB | 30 |
61 – 66 dB | 40 |
67 – 72 dB | 50 |
73 – 79 dB | 60 |
80 – 86 dB | 70 |
87 – 95 dB | 80 |
96 – 105 dB | 90 |
106 dB or more | 100 |
SCHEDULE 2DEATH DUE TO SERVICE IN THE ARMED FORCES
PART IGROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS
1
In this Schedule—
a
references to a Group shall be construed as references to those members of the armed forces who held the rank or status listed under that Group; and
b
the amount of any award in respect of that Group is the amount shown in the following Parts of this Schedule against that Group.
2
The Groups referred to in the foregoing paragraph comprise:—
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PART IIRATES OF PENSIONS AND ALLOWANCES
Sch. 2 Pt. 2 Tables 1-7 substituted (11.4.2011) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 (S.I. 2011/235), arts. 1(1), 3(a), Sch. 4
Group | Yearly Rate |
---|---|
(1) | (2) |
£ | |
1 | 7,285 |
2 | 7,026 |
3 | 6,859 |
4 | 6,711 |
5 | 6,611 |
6 | 6,514 |
7 | 6,480 |
8 | 6,432 |
9 | 6,408 |
10 | 6,381 |
11 | 6,343 |
Group | Weekly Rate |
---|---|
(1) | (2) |
£ | |
12) | 120.95 |
13) | |
14) | |
15) | |
16) | |
17) |
Group | Yearly Rate |
---|---|
(1) | (2) |
£ | |
1 | 7,449 |
2 | 7,120 |
3 | 6,957 |
4 | 6,792 |
5 | 6,664 |
6 | 6,530 |
7 | 6,492 |
8 | 6,432 |
9 | 6,408 |
10 | 6,381 |
11 | 6,343 |
Group | Yearly Rate |
---|---|
(1) | (2) |
£ | |
1 | 7,285 |
2 | 7,026 |
3 | 6,859 |
4 | 6,711 |
5 | 6,611 |
6 | 6,514 |
7 | 6,480 |
8 | 2,234 |
9 | 1,992 |
10 | 1,752 |
11 | 1,550 |
Group | Weekly Rate |
---|---|
(1) | (2) |
£ | |
12) | 28.97 |
13) | |
14) | |
15) | |
16) | |
17) |
Group | Yearly Rate | |
---|---|---|
(1) | (2) | |
£ | ||
(1–11) | 4,221.88 | |
Group | Weekly Rate | |
---|---|---|
(1) | (2) | |
£ | ||
(12–17) | 80.91 | |
PART IIIRATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES' AND SURVIVING CIVIL PARTNERS' PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Sch. 1 Pt. 3 Table substituted (11.4.2011) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 (S.I. 2011/235), arts. 1(1), 3(b), Sch. 5
Rates | ||
---|---|---|
Description of Pension or Allowance | Groups 1-11 | Groups 12-17 |
| £6,189 per annum1 | £118.60 per week1 |
| £2,379 per annum1 | £45.60 per week1 |
| ||
| £720 per annum | £13.80 per week |
| £1,383 per annum | £26.50 per week |
| £2,051 per annum | £39.30 per week |
| ||
| ||
| £989 per annum | £18.95 per week |
| £1,109 per annum | £21.25 per week |
| £1,109 per annum | £21.25 per week |
| ||
| £1,130 per annum | £21.65 per week |
| £1,239 per annum | £23.75 per week |
| £1,239 per annum | £23.75 per week |
| ||
| £1,130 per annum | £21.65 per week |
| £1,239 per annum | £23.75 per week |
| £1,239 per annum | £23.75 per week |
| £4,848 per annum1 | £92.90 per week1 |
1 maximum. |
SCHEDULE 3COMMENCING DATES OF AWARDS
1
1
Subject to the following provisions of this Schedule, an award or an adjustment of an award shall have effect from such date as may be specified in the award, being a date not earlier than the date specified in subparagraph (2) which is relevant in the claimant's case.
2
The date specified in this subparagraph is whichever date is the latest in time of the date—
a
following the date of termination of service or, in a case under F3Part III, following the date of death of the member;
b
of the claim;
c
of the last application for review; or
3
Where in a case to which subparagraph (1) applies, the claimant satisfies the requirements of subparagraph (4) the award shall have effect from the date the subparagraph is satisfied.
4
This paragraph is satisfied where the date of claim or application for review is made within 3 months of—
a
the date of termination of service, or the date of death where an award is made in respect of a member's death; or
b
except where paragraph (a) applies, the date of notification of a decision on the claim or review.
5
Where the requirements of subparagraph (4) are satisfied on more than one occasion and the occasions on which they are satisfied are consecutive, subparagraph (3) shall apply as from the first occasion on which subparagraph (4) is satisfied.
6
Subject to subparagraphs (7), (8) and (9), where an award is adjusted upon review instigated by the Secretary of State, the adjustment shall take effect from the date of the review.
7
Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the date of the original decision and for this purpose “official error” means an error made by Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.
8
Where an award is suspended pursuant to Article 65(3) but, on one of the conditions specified in article 65(5) being satisfied, the Secretary of State reviews the award, F1the Secretary of State shall adjust the award in accordance with subparagraph 6 and shall make a backdating payment in respect of the award, which payment shall—
a
apply in respect of the period between the date on which the suspension took effect and the date of the review, and
b
be calculated by reference to the rate at which the award was in payment prior to its suspension.
9
Where, a pensioner's award has been cancelled (pursuant to Article 66(1) but, following submission of a further claim (in accordance with Article 66(2) the Secretary of State has made a further award in the pensioner's favour, such award shall take effect and payment shall be made—
a
from the date on which the suspension took effect,
b
at such rate as the Secretary of State determines to be appropriate when making the further award.
10
For the purposes of this paragraph, a claim shall be treated as made for a pension or allowance for which a claim is not required by virtue of article 35 on the date on which the relevant conditions of entitlement to the pension or allowance first became satisfied.
2
1
In a case to which section 168 of the Pension Act 1995 M1 (war pensions for widows: effect of remarriage) or article 33(2) applies, for paragraph 1(4)(a) of this Schedule substitute “the date of termination of a marriage or civil partnership, the date of judicial separation of the parties to a marriage, the date of a separation order relating to a civil partnership or the date the claimant ceased to live with another as a spouse or as a civil partner”.
2
In this paragraph—
a
in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pension Act 1995;
b
in relation to civil partners—
i
the reference to the termination of a civil partnership is to the termination of a partnership by death, dissolution or annulment, and
ii
the reference to a separation order includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom
and for those purposes a dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.
3
Where an award is made pursuant to a successful appeal to the Social Security CommissionersM2F5or the Upper Tribunal, the Secretary of State may make payment for a past period which does not exceed six years from the date of the application for leave to appeal to the F4Social Security CommissionersF5or the Upper Tribunal.
4
Where an award or an adjustment of an award is made following a decision of the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside, the Secretary of State shall make payment for a past period which does not exceed six years from the date of the application which led to the decision of the President of the Pensions Appeal Tribunal where the ground for setting the decision of the Pensions Appeal Tribunal aside is that the Tribunal's decision was erroneous in point of law M3.
5
Where a claimant satisfies the Secretary of State that—
a
he would have made a claim or an application for a review on a date (“the earlier date”) earlier than that (“the actual date”) on which he actually did so but for the fact that he was incapable of so doing or of instructing someone to act on his behalf by reason of illness or disability; and
b
that illness or disability continued to be the cause of the delay up to the moment the claim or application was made
any reference in this Schedule to the date of claim or date of application for review shall be treated as a reference to the later of—
i
the earlier date; and
ii
the date three years before the actual date.
6
1
Where, upon a review of a decision rejecting a claim for pension, the Secretary of State makes an award on the basis that medical opinion has developed since the date of the decision which is the subject of the review, no payment shall be made in respect of any period preceding whichever is the later of—
a
the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant's case was justified; and
b
the date three years before the date of application for a review or, where the review is instigated by the Secretary of State, the date three years before the date of the Secretary of State's review decision.
2
Where the Secretary of State accepts a claim and he is satisfied that the claimant would have made a claim at an earlier date but for advice he gave that a claim would be rejected on the basis of medical opinion, the Secretary of State may make payment in respect of a period commencing on, but not in respect of any period before, whichever is the later of—
a
the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant's case was justified; and
b
the date three years before the date of claim.
7
Where a decision, which falls to be reviewed in the light of a decision of a court or a Commissioner in a case to which the claimant is not party, is revised, no payment may be made pursuant to the revision in respect of any period before the date three years before the decision of the court.
8
Where, either upon review of a decision rejecting a claim for pension or following a decision of the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside by reason of the availability of additional evidence, an award is made on the basis of evidence contained in documents produced by the claimant which were not available to the claimant at the time of the decision which is subject to the review or appeal because those documents were classified at the time, payment may be made in respect of a period commencing on, but not in respect of any period before, the date three years before the date of the application for review or, as the case may be, application to the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside.
9
Notwithstanding paragraph 1(7), where an award is made under article 6 or article 23 without a claim having been made for it, no payment shall be made in respect of a period before whichever is the later of—
a
the day following the date of death or termination of service; and
b
the date three years before the records were delivered to the Secretary of State by the Secretary of State for Defence.
10
Except in a case to which paragraph 6, 7 or 9 applies, where a claimant satisfies the Secretary of State that—
a
he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay; and
b
that act or omission continued to be the dominant cause of the delay up to the moment the claim or application was made
any reference in this Schedule to the date of a claim or date of application for review shall be treated as a reference to the earlier date referred to in this paragraph.
11
Where the Secretary of State reviews a decision which was made before 16th August 1943 and he is satisfied that an award would have been made in respect of a person provided the onus of proof were not on that person and that person were given the benefit of any reasonable doubt, he may make payment in respect of the period commencing on, but not in respect of any period before, that date.
F612
Paragraphs 4 and 8 apply to a decision of the First-tier Tribunal that a decision made by it be treated as set aside as they apply to a decision of the President of the Pensions Appeals Tribunal that the decision of a Pensions Appeal Tribunal be treated as set aside.
SCHEDULE 4TRANSITORY PROVISIONS
PART ICONTINUATION OF TRANSITORY PROVISIONS IN SCHEDULE 5 TO THE SERVICE PENSIONS ORDER 1983
Interpretation of Part I1
In this Part of this Schedule unless the context otherwise requires—
“1946 instrument” means the Order in Council of 4th June 1946 M4, the Royal Warrant of 12th April 1946 M5 or, as the case may be, the Order by His Majesty of 12th June 1946;
“1949 instrument” means the Order in Council of 29th September 1949, the Royal Warrant of 24th May 1949 M6 or, as the case may be, the Order by His Majesty of 27th September 1949;
“1973 instrument” means the Order in Council of 27th July 1973, the Royal Warrant of 24th July 1973 M7 or, as the case may be, the Order by Her Majesty of 25th July 1973 M8;
“1974 instrument” means the Order in Council of 28th June 1974, the Royal Warrant of 18th June 1974 M9 or, as the case may be, the Order by Her Majesty of 21st June 1974 M10
“1977 instrument” means the Order in Council of 9th March 1977, the Royal Warrant of 11th March 1977 M11 or, as the case may be, the Order by Her Majesty of 15th March 1977 M12;
“member” means a member of the armed forces;
“unmarried dependant” means an unmarried dependant who lived as a wife of the member;
and the other expressions have the meanings assigned to them in Schedule 6.
Pensions for unmarried dependants of deceased disablement pensioners under a 1946 instrument2
Where immediately before the death of a member there was payable to him, by virtue of article 71(6)(a) of a 1964 instrument and article 71(1) of and Schedule 4 to the Service Pensions Order 1978, an allowance under article 12(1) of a 1946 instrument (family allowances) in respect of an unmarried dependant, that dependant may, upon the member's death, be awarded a pension for which she would have been eligible under article 28 of the 1946 instrument (pensions for unmarried dependants), if that instrument had not been revoked and for so long as the conditions for an award under that article are fulfilled.
Continuation of pensions for unmarried dependants of deceased pensioners under a 1946 instrument3
Where immediately before the date on which this Order comes into operation, an unmarried dependant was, by virtue of article 71(6)(b) of a 1964 instrument and article 71(1) of and Schedule 4 to the Service Pensions Order 1978, in receipt of a pension under article 28(3) of a 1946 instrument (pension while in charge of member's child and in receipt of allowance under following provisions of that Part of that instrument in respect of the child) the award of that pension may be continued when she ceases to have that child in her care and to receive an allowance under Part IV of this Order in respect of that child if she is in pecuniary need and incapable of self-support.
Withholding or reduction of disablement pension under a 1949 instrument4
The Secretary of State may withhold or reduce an award under a 1949 instrument in respect of the disablement of an officer whose service was terminated voluntarily or on account of misconduct.
Transitional provision on abolition of killed in action gratuities5
Article 28 and column 2 of Schedule 5 to the 1964 instrument shall continue to apply to any deaths occurring before 1st August 1973 as they would have applied but for their revocation by the 1973 instrument.
Assessment of specified disablement under the 1964 instruments6
Where, on or after 22nd July 1974, it is necessary in any case for an assessment of disablement to be made in accordance with the provisions of Schedule 1 to a 1964 instrument for any period commencing prior to the said 22nd July, the provisions of the said Schedule 1 in force immediately prior to the said 22nd July shall continue to apply as they would have applied had other provision not been substituted for them by the 1974 instrument.
PART IICONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER
Savings provisions made by the 1992 Order in respect of articles 12, 18, 23 and 53 of the Service Pensions Order 19837
1
Notwithstanding—
a
the revocation of article 12 of the Service Pensions Order 1983 (allowance for eligible members of the family), and
b
the amendment of—
i
article 18(5) (additional unemployability allowances), and
ii
article 23 (treatment allowance)
of that Order (“the saved provisions”)
by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992 M13 (“the 1992 Order”), and notwithstanding the revocation of the 1992 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance or any addition to a pension was payable under any of the saved provisions in respect of a period immediately before 6th April 1992 and is still payable immediately before 11th April 2006 by virtue of the savings set out in article 8 of the 1992 Order, the saved provisions shall continue to have effect as though this Order had not come into force.
2
The rate for the allowance for eligible members of the family, continued by paragraph (1)(a), shall be the rate payable immediately before 6th April 1992 M14.
Savings provision made by the 1993 Order in respect of articles 13, 38, 40 and 41 of the Service Pensions Order 19838
1
Notwithstanding—
a
the revocation of—
i
article 13 (education allowance for disablement),
ii
article 38 (education allowance for death),
iii
article 40 (pensions to parents), and
iv
article 41 (pensions to other dependants)
of the Service Pensions Order 1983; and
b
the amendment of—
i
article 23 (treatment allowance),
ii
article 24 (allowance where abstention from work is necessary following treatment in a hospital or similar institution), and
iii
article 25 (allowance for part-time treatment)
of that Order (“the saved provisions”)
by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 M15 (“the 1993 Order”), and notwithstanding the revocation of the 1993 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance was awarded under any of the saved provisions in respect of a period immediately before 12th April 1993 and is still payable immediately before 11th April 2006 by virtue of the transitional provisions set out in article 16 of the 1993 Order, the saved provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.
2
The rates for the allowances and pensions specified in paragraph (2)(a) and continued by that paragraph shall be the rates payable immediately before 12th April 1993 M16.
3
Notwithstanding the amendments made to articles 23, 24 and 25 of the Service Pensions Order 1983 by the 1993 Order, where treatment began before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment on or after 11 April 1993, the Secretary of State shall determine the claim as though this Order had not come into force.
PART IIICONTINUATION OF TRANSITIONAL PROVISIONS IN THE 1996 ORDER
9
1
Notwithstanding the revocation of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1996 M17 (“the 1996 Order”) and the Service Pensions Order 1983 by this Order, article 3 of, and Schedule 2 to, the 1996 Order (transitional provisions) shall continue to have effect as though this Order had not come into force.
2
The provisions of Schedule 2 to the 1996 Order are set out below and any reference in that Schedule to—
a
“this Order” is a reference to the 1996 Order;
b
“the Service Pensions Order” is a reference to the Service Pensions Order 1983;
c
a numbered article is a reference to the article bearing that number in the Service Pensions Order 1983.
SCHEDULE 2 TO THE 1996 ORDERTRANSITIONAL PROVISIONS
1
In this Schedule—
a
“commencement date” means the date on which this Order comes into force;
b
“first review” means the first review after commencement date of the entitlement of a member of the armed forces to a relevant allowance;
c
“relevant allowance” means any allowance, pension, retired pay or supplement payable either—
i
under a provision which is revoked by article 4 of this Order; or
ii
by virtue of a grant made by the Secretary of State for Defence out of monies provided by Parliament
under conditions analogous to those relating to any allowance, pension, retired pay or supplement payable under the Service Pensions Order other than those formerly laid down in article 13 or 38 (education allowances) M18.
2
This Schedule applies where, immediately before commencement date a relevant allowance or an allowance analogous to an education allowance under article 13 or 38 was payable to or in respect of a member of the armed forces, and that allowance would have continued to be payable but for the coming into force of this Order.
3
1
after commencement date, and until the first review, the decision by virtue of which the relevant allowance was payable immediately before commencement date shall have effect as if it were a decision that the allowance, pension, retired pay or supplement under the Service Pensions Order to which the relevant allowance was analogous, should be payable at the same rate, subject to the same conditions and for the same term (subject to the following provisions of this Schedule) as the relevant allowance would have been if this Order had not come into force.
2
Where on the first or any subsequent review of a decision referred to in sub-paragraph (1) that decision is reviewed to the disadvantage of the recipient there shall be paid to him under this paragraph an amount equal to the difference between the amount payable under the Service Pensions Order under the reviewed decision and the amount which would have been payable if the decision had not been reviewed, and that amount shall be increased in accordance with any subsequent general increase in the rate of the pension, retired pay, allowance or supplement to which it is analogous, except where—
a
it is determined that the decision which is the subject of the review was erroneous in law and that error was attributable to misrepresentation, or failure to disclose a material fact, by the recipient or someone acting on his behalf; or
b
he becomes entitled by virtue of another review to a higher total payment under the Service Pensions Order.
3
In a case where head (a) of subparagraph (2) applies, the amount payable under this paragraph shall be reduced to that which would have been payable but for the misrepresentation or failure to disclose a material fact.
4
In a case falling within head (b) of subparagraph (2), the amount of the payment under this paragraph shall be reduced by the amount of the increase in the total payment under the Service Pensions Order.
4
Any payment under paragraph 3 shall be in addition to any allowance, pension, retired pay or supplement which would have been payable under the Service Pensions Order if this Order had not been made.
5
Where immediately before the coming into force of this Order a person was in receipt by virtue of—
a
a provision revoked by article 4 of this Order; or
b
a grant made by the Secretary of State for Defence out of monies provided by Parliament, of an allowance analogous to that payable under article 13 or 38 (education allowances)
there may be paid to him an allowance under paragraph 6 below, subject to paragraphs 7 and 8 below.
6
1
Subject to subparagraphs (3), (4) and (5), there may be paid to a member of the armed forces who is in receipt of retired pay or pension, an allowance in respect of a child for the purpose of his education if the child is a child of the member or by virtue of article 18(5)(e) is treated as a child of the member.
2
Subject to the following provisions of this paragraph, an allowance in respect of a child to whom or in respect of whom an award has or, but for the provisions of article 33, would have been made under article 35, 36, 37 or 39 may be awarded for the purpose of that child's education.
3
Subject to sub-paragraphs (4) and (5), an allowance under subparagraph (1) or (2) shall be payable only if—
a
the child has attained the age of 5 years; and
b
the circumstances of the family are such as to require it; and
c
the Secretary of State is satisfied that the type of education which the child is receiving or is to receive is suitable for that child.
4
Where a child begins or is to begin school before the age of 5 years, subparagraph (3)(a) shall have effect as if for “has attained the age of 5 years” there were substituted the words “has commenced the term's attendance at school in the course of which he will attain the age of 5 years”.
5
The amount of an allowance under this paragraph shall be determined by the Secretary of State, but the total payments made in respect of any period of 12 months for any one child shall not exceed £120.
7
An allowance payable under paragraph 6 of this Schedule shall not be payable if at any time after the coming into force of this Order—
a
the conditions set out in that paragraph cease to be satisfied; or
b
it appears to the Secretary of State that it is for any other reason inappropriate for payment of the allowance to continue.
8
Paragraphs 3 and 6 of this Schedule are without prejudice to any power now exercisable by the Secretary of State with the concurrence of the Treasury to make provision in excess of that permitted by this Order or the Service Pensions Order in exceptional circumstances conferred by—
a
the Order in Council dated 19th December 1881 concerning non-effective pay and allowances for the Royal Navy at rates, and under circumstances, other than those laid down in existing Regulations;
b
the Royal Warrant dated 27th October 1884 concerning the issue of pay, non-effective pay and allowances for the Army; or
c
the Order of His Majesty dated 14th January 1922 concerning the issue of pay, non-effective pay and allowances of the Royal Air Force,
and accordingly those instruments shall have effect as if a reference to those paragraphs of this Schedule were included in each of them.
SCHEDULE 5REVOCATIONS
Instruments | References |
---|---|
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 | S.I. 1983/883 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1983 | S.I. 1983/1116 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1983 | S.I. 1983/1521 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1984 | S.I. 1984/1154 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1984 | S.I. 1984/1687 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1985 | S.I. 1985/1201 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1986 | S.I. 1986/592 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1987 | S.I. 1987/165 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988 | S.I. 1988/248 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order | S.I. 1988/2248 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989 | S.I. 1989/156 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1990 | S.I. 1990/250 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1990 | S.I. 1990/1308 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991 | S.I. 1991/766 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992 | S.I. 1992/710 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1992 | S.I. 1992/3208 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 | S.I. 1993/598 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994 | S.I. 1994/772 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1994 | S.I. 1994/1906 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995 | S.I. 1995/766 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1996 | S.I. 1996/732 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1996 | S.I. 1996/1638 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 3) Order 1996 | S.I. 1996/2882 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1997 | S.I. 1997/286 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1998 | S.I. 1998/262 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1999 | S.I. 1999/294 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2000 | S.I. 2000/252 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2001 | S.I. 2001/409 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2002 | S.I. 2002/792 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2003 | S.I. 2003/434 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2004 | S.I. 2004/708 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2005 | S.I. 2005/851 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 2005 | S.I. 2005/1471 |
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 3) Order 2005 | S.I. 2005/3187 |
SCHEDULE 6INTERPRETATION
PART IWARRANTS AND ORDERS
Item | Expression | Meaning |
---|---|---|
1. | “the 1917 Warrant” | the Royal Warrant of 1st August 19171; |
2. | “the 1919 Warrant” | the Royal Warrant of 6th December 19192; |
3. | “the 1920 Warrant” | the Royal Warrant of 2nd July 19203; |
4. | “the 1917 (Officers) Order” | the Order in Council of 29th September 19174; |
5. | “the 1917 (Warrant Officers) Order” | the Order in Council of 29th September 19175; |
6. | “the 1920 Order in Council” | the Order in Council of 11th June 19206; |
7. | “the 1921 (Officers) Order” | the Order in Council of 9th March 19217; |
8. | “the 1921 (Warrant Officers) Order” | the Order in Council of 9th March 19218; |
9. | “the 1920 Order” | the Order by His Majesty of 11th May 1920)9; |
10. | “the 1921 Order” | the Order by His Majesty of 25th September 192110; |
11. | “the 1919 to 1920 other ranks instruments” | the instruments specified in items 2, 6, and 9 above (and the expression “a 1919 to 1920 other ranks instrument” shall be construed accordingly); |
12. | “the 1920 to 1921 (Officers) instruments” | the instruments specified in items 3, 7, 8 and 10 above (and the expression “a 1920 to 1921 instrument” shall be construed accordingly); |
13. | “the 1919 to 1921 instruments” | the instruments specified in items 2,3, and 6 to 10 above (and the expression “ a 1919 to 1921 instrument” shall be construed accordingly); |
14. | “the 1964 instrument” | the Order in Council of 25th September 196411,or the Royal Warrant of 19th September 196412, or the Order by Her Majesty of 24th September 196413, whichever instrument is appropriate in any particular case, and the expression “1964 instruments” shall be construed accordingly; |
15. | “the Service Pensions Order 1978” | the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 197814; |
16. | “the Service Pensions Order 1983” | the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 198315; |
17. | “the 2005 Order” | the Armed Forces and Reserve Forces Compensation Scheme Order 200516. |
1 Army Order 268 of 1917. 2 Cmnd 457 of 1919; the relevant amending instruments are Cmnd 1701 of 1922; 1752 of 1922; 1852 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974. 3 Cmnd 811; the relevant amending instructions are Cmnd 1932 of 1923; 2013 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974. 4 S.R. & O. 1917/1022. 5 S.R. & O. 1917/1023. 6 S.R. & O. 1920/1021; the relevant amending instruments are S.R. & O.1924/505; 1924/1390; 1925/1034; 1928/46; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974. 7 S.R. & O 1921/360; the relevant amending instruments are S.R. & O. 1925/763; 1928/44; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974. 8 S.R. & O. 1921/361; the relevant amending instruments are S.R. & O. 1925/764; 1928/45; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974. 9 HC 120 of 1920; the relevant amendments are HC 133 of 1925; 133-1 of 1925; 134 of 1925; Cmnd. 2472 of 1964; 4135 of 1969; 5396 of 1973; and 5671 of 1974. 10The relevant amendments are HC 171 of 1925; 9 or 1928; 2472 of 1964; 4135 of 1969; 5396 of 1973 and 5671 of 1974. 11 The relevant amending instruments are Orders in Council dated 22nd December 1964; 24th February 1966; 9th June 1966; 28th July 1966; 23rd August 1967; 14th February 1968; 26th July 1968; 31st July 1969; 4th February 1970; 28th July 1971; 26th July 1972; 27th July 1973; 28th June 1974; 18th March 1975; 17th September 1975; 23rd July 1976; 9th March 1977; S.I. 1977/1630; 1978/278; 1978/1404 and 1978/1405. 12 Cmnd 2467; the relevant amending instruments are Cmnd 2553 of 1964; 2926 of 1966; 3023 of 1966; 3072 of 1966; 3385 of 1967; 3530 of 1968; 3728 of 1968; 4134 of 1969; 4287 of 1970; 4742 of 1971; 5077 of 1972; 5395 of 1973; 5670 of 1974; 6001 of 1975; 6247 of 1975; 6583 of 1976; 6763 of 1977 and S.I. 1977/1630; 1978/278; 1978/1404; and 1978/1405. 13Cmnd 2472; the relevant amending instruments are Cmnd 2554 of 1964; 2927 of 1966; 3024 of 1966; 3071 of 1966; 3384 of 1967; 3531 of 1968; 3729 of 1968; 4135 of 1969; 4286 of 1970; 4743 of 1971; 5078 of 1972; 5396 of 1973; 5671 of 1974; 6002 of 1975; 6246 of 1975; 6582 of 1976; 6762 of 1977; and SI 1977/1630; 1978/278; 1978/1404 and 1978/1405. 14 S.I. 1978/1525. 15 S.I. 1983/883. 16 S.I. 2005/439. |
PART IIGENERAL
Words in Sch. 6 Pt. 2 item 25 inserted (21.6.2006) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 2) Order 2006 (S.I. 2006/1455), arts. 1(3), 6
Sch. 6 Pt. 3 Item 58A inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 17 (with art. 18)
Item | Expression | Meaning |
---|---|---|
18. | “adopted” | adopted within the meaning of Part IV of the Adoption Act 19761 or, in Scotland section 38 of the Adoption (Scotland) Act 19782 and “adoption” shall be construed accordingly; |
19. | “adult dependant” | for the purposes of article 12—
|
20. | “Airman” |
|
21. | “apprentice” | a person undergoing full-time training for any trade, business, profession, office, employment or vocation, and receiving not more than nominal wages; |
22. | “authorised agent” | a person authorised by the Secretary of State for the purpose of receiving claims under this Order, including, without prejudice to the generality of the foregoing, a person exercising consular functions on behalf of Her Majesty's Government in right of the United Kingdom in the territory or place whether the person making the claim is resident at the time when it is made; |
23. | “child” | in relation to a member of the armed forces, a child with respect to whom the member—
and in each case the member—
|
24. | “child's age limit” | in relation to a child or juvenile dependant of a member of the armed forces, the age of 16 years; |
25. | “dependant living as a spouse” |
|
26. | “dependant living as a civil partner” | in relation to a member of the armed forces whose disablement is due to service before the commencement of the 1914 World War or after 30th September 1921, a person of the same sex who has not formed a civil partnership with, but is wholly or substantially maintained by, the member on a permanent basis throughout the period beginning 6 months prior to the commencement of his service and continuing where the member is disabled, up to the date of any award under this Order in respect of his disablement, and where the award is reviewed, up to the date of review, or where the member is dead, up to the date of his death; (and the expression “dependant who lived as a civil partner” shall be construed accordingly); |
27. | “disablement” | physical or mental injury or damage or loss of physical or mental capacity (and “disabled” shall be construed accordingly); |
28. | “earnings” | any remuneration or profit derived from employment; |
29. | “eligible dependant” | in relation to a course of treatment as defined in item 61, a person who is an eligible member of the family or who would be an eligible member of the family if for the date specified in items 25 or 26 of this Schedule as the terminating date of the period therein mentioned, there were substituted the date of commencement of that course of treatment; |
30. | “eligible member of the family” | spouse, civil partner, dependant living as a spouse, dependant living as a civil partner or child of a member of the armed forces; |
31. | “incapable of self-support” | in relation to any person, incapable of supporting himself solely by reason of—
|
32. | “injury” | includes wound or disease but excludes any injury due to—
except that paragraph (a) in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if—
|
33. | “juvenile dependant” | a brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild, who has not attained the child's age limit; |
34. | “member of the air forces” |
|
35. | “member of the armed forces” | a member of the naval forces, the military forces or, as the case may be, of the air forces and any provision of this Order relating to a member of the armed forces shall, except where inappropriate, be construed as relating also to a woman member of the armed forces and as relating to a person whose service as a member or woman member has ended, and the expression “member” shall be construed accordingly; |
36. | “member of the military forces” |
|
37. | “member of the naval forces” |
|
38. | “member of the Reserve or Auxiliary Forces” | a member of the armed forces after 30th September 1921, but otherwise than during any period during which he is embodied or mobilised or, pursuant to the provisions of the Reserve and Auxiliary Forces (Training) Act 19516is called up for flying instructor duties, who is—
|
39. | “noise-induced sensorineural hearing loss” | damage to the cochlea hair cells of the inner ear which is caused by the exposure of the cochlea to noise, and a condition or a symptom is to be treated as related to such hearing loss if it is another condition, or a symptom, which is the consequence of damage to the cochlea hair cells of the inner ear which is caused by the exposure of the cochlea to noise; |
40. | “nurse” | a person described in paragraph (1) of the 3rd column of item 62 of this Schedule; |
41. | “officer” |
|
42. | “officer on the Active List” | an officer who is on full pay, half pay or otherwise before his retirement but not an officer who has retired and is subsequently re-called to service or is re-employed; |
43. | “other dependant” | grandparent, step-parent, brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild; |
44. | “parent” | in relation to a deceased member of the armed forces—
|
45. | “Pay Warrant” | The Royal Warrant of 22nd August 1959 (and any reference to a provision of that Warrant shall, where the context so requires, be construed as a reference to any provision of an earlier Warrant replaced, with or without amendment, by the first mentioned provision); |
46. | “pension” | in relation to a rating, soldier or airman, a disablement pension awarded under article 6 or under article 1 of a 1919 to 1920 other rank instrument and in relation to a nurse, a disablement pension or an addition to service retired pay awarded under article 23 of a 1920 to 1921 (officers) instrument or an addition to service pension awarded under column (6) in Schedule 3 to the 1917 (Officers) Order and, where appropriate, any pension referred to in article 4(a)(ii) or (iii); |
47. | “Pension Warrant” | the Royal Warrant of 23rd December 1960 (and any reference to a provision of that Warrant shall, where the context so requires, be construed as a reference to any provision of an earlier Warrant replaced, with or without amendment, by the first mentioned provision); |
48. | “principal Air Force Regulations” | the Queen's Regulations and Air Council Instructions for the Royal Air Force as amended from time to time, the Regulations governing the various Auxiliary and Reserve Forces and the Nursing Service, as so amended, and any other regulations, instructions and provisions issued or made from time to time in relation to the air forces; |
49. | “principal Naval Regulations” | the Queen's Regulations and Admiralty Instructions for the government of Her Majesty's Naval Service, as amended from time to time, the Regulations governing the various Reserve Forces as so amended, the provisions summarised in the Appendix to the Navy List as so amended; and any other regulations, instructions or provisions issued or made from time to time in relation to Her Majesty's Naval Service; |
50. | “public funds” |
|
51. | “rating” |
|
52. | “remunerative work” | either—
|
53. | “retired pay” |
|
54. | “service” | service as a member of the armed forces before 6th April 2005 and the word “served” shall be construed accordingly. |
55. | “soldier” |
|
56. | “student” | a person who is receiving full-time instruction at a university, college, secondary school or technical school, or at any other establishment which, in the opinion of the Secretary of State, is a comparable educational establishment, and for the purposes of this Order a person may continue to be a student for such period (being a period not exceeding 13 weeks) after he ceases to receive full-time instruction as aforesaid and before he attains the age of 19 as the Secretary of State may in any particular case determine; |
57. | “surviving spouse” | the widow or, as the case may be, widower of a member of the armed forces; |
58. | “surviving civil partner” | surviving civil partner of a member of the armed forces; |
F858A. | “terminal illness” | a progressive disease where, in consequence of that disease, death can reasonably be expected within 6 months (and “terminally ill” shall be construed accordingly); |
59. | “termination” | in relation to service as a member of the armed forces—
|
60. | “therapeutic earnings” | earnings from work for no more than 16 hours per week and which in the Secretary of State's view is not detrimental to the health of the member; |
61. | “treatment” |
|
62. | “Veterans Agency” | an office designated by the Secretary of State for the purpose of receiving and determining applications for a pension, allowance or supplement; |
63. | “woman member of the armed forces” |
|
64. | “the 1914 World War” | the war which began on 4th August 1914 and ended on 31st August 1921 (and the expression “during the 1914 World War” shall be construed as a reference to any period beginning on or after 4th August 1914 and ending on or before 30th September 192111 |
1 1976 c. 3. 2 1978 c. 28. 3 1917 c. 51 see Army Act (1881 c. 58) as modified by 1917 c. 51, s.12(1)). 4 1989 c. 41. 5 1984 c. 56. 6 1951 c. 23. 7 1992 c. 14. 8 1973 c. 50. 9 1990 c. 35. 10 1881 c. 58. 11 See War Pensions Act 1920 (c. 23), sections 1 and 2, and S.R. & O 1921/1276. |
Sch. 1 Pt. 2 Table substituted (11.4.2011) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 (S.I. 2011/235), arts. 1(1), 2(a), Sch. 1