The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 No. 679

SCHEDULE 1

PART 2

Amendment of article 10 (severe disablement occupational allowance)

10.  For article 10(2) substitute—

“(2) Paragraph (1) does not apply during any period in respect of which the member of the armed forces is—

(a) eligible for an award under article 12(1)(a);

(b) in receipt of any personal benefit under Part 2 or Part 3 of the Social Security Contributions and Benefits Act 1992(1) or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

(c) in receipt of employment and support contributory allowance under Part 1 of the Welfare Reform Act 2007(3); or

(d) in receipt of any benefits similar to a personal benefit under the law of any place outside the United Kingdom which in the opinion of the Secretary of State is analogous to a personal benefit.”.

11.  After article 10(3)(e) insert—

“(f) employment and support contributory allowance.”.

Amendment of article 50 (payment of public claims out of pension)

12.  In article 50(3)—

(a) omit “or” at the end of paragraph (a);

(b) after paragraph (a) insert—

“(aa) employment and support income-related allowance under Part 1 of the Welfare Reform Act 2007; or”.

Amendment of article 56 (abatement of awards of social security benefits)

13.  In article 56(3) after paragraph (e) insert—

“(f) Part 1 of the Welfare Reform Act 2007.”.

(1)

1992 c.4.

(2)

1992 c.7 (N.I.).

(3)

2007 c.5.