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Statutory Instruments

2013 No. 241

Pensions

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013

Made

12th February 2013

Laid before Parliament

19th February 2013

Coming into force

8th April 2013

At the Court at Buckingham Palace, the 12th day of February 2013

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(1).

ACCORDINGLY, Her Majesty, in exercise of the powers conferred upon Her by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977(2), and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013 and shall come into force on 8th April 2013.

Amendment to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

2.  The rules of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”) are amended as follows.

Amendment of article 33 (relationships subsequent to the award of a pension)

3.  In article 33(4) of the principal Order for “the widow has married another” substitute “the person has married another”.

Amendment of article 42 (determination of degree of disablement)

4.  In article 42(10)(c) of the principal Order for “(degree of disablement of better ear x 4) + (degree of disablement of worst ear) divided by 5” substitute “((degree of disablement of better ear x 4) + (degree of disablement of worst ear)) divided by 5”.

Amendment of Schedule 1 (disablement due to service in the armed forces)

5.  In Schedule 1 to the principal Order—

(a)for the Table in Part 2 substitute the Table set out in Schedule 1 to this Order;

(b)for Tables 1 and 2 in Part 3 substitute Tables 1 and 2 set out in Schedule 2 to this Order;

and

(c)for the Table in Part 4 substitute the Table set out in Schedule 3 to this Order.

Amendment of Schedule 2 (death due to service in the armed forces)

6.  In Schedule 2 to the principal Order—

(a)for Tables 1, 2, 3, 4, 5, 6 and 7 of Part 2 substitute Tables 1, 2, 3, 4, 5, 6 and 7 set out in Schedule 4 to this Order; and

(b)for the Table in Part 3 substitute the Table set out in Schedule 5 to this Order.

Richard Tilbrook

Clerk of the Privy Council

Article 5(a)

SCHEDULE 1TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“1.  WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE

2.  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

Per Cent

Weekly Rate

£

Yearly Rate

£

100171.508,949
90154.358,054
80137.207,159
70120.056,264
60102.905,369
5085.754,474
4068.603,580
3051.452,685
2034.301,790”

Article 5(b)

SCHEDULE 2TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table 1

GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Description of InjuryAssessments

Groups

1-15

For the loss of:Per cent£
A. FINGERS
Index finger—
More than 2 phalanges including the loss of whole finger148,154
More than 1 phalanx but not more than 2 phalanges116,524
1 phalanx or part thereof95,435
Guillotine amputation of tip without loss of bone53,253
Middle finger—
More than 2 phalanges including loss of whole finger127,063
More than 1 phalanx but not more than 2 phalanges95,435
1 phalanx or part thereof74,346
Guillotine amputation of tip without loss of bone42,716
Ring or little finger—
More than 2 phalanges including loss of whole finger74,346
More than 1 phalanx but not more than 2 phalanges63,809
1 phalanx or part thereof53,253
Guillotine amputation of tip without loss of bone21,629
B. TOES
Great toe—
Through metatarso-phalangeal joint148,154
Part, with some loss of bone32,167
1 other toe—
Through metatarso-phalangeal joint32,167
Part, with some loss of bone11,093
2 toes, excluding great toe—
Through metatarso-phalangeal joint53,253
Part, with some loss of bone21,629
3 toes, excluding great toe—
Through metatarso-phalangeal joint63,809
Part, with some loss of bone32,167
4 toes, excluding great toe—
Through metatarso-phalangeal joint95,435
Part, with some loss of bone32,167

Table 2

GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1

Assessment of degree of disablement
Groups 1-151 to 5 per cent6 to 14 per cent15 to 19 per cent
£2,726£6,061£10,601.”

Article 5(c)

SCHEDULE 3TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table

RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Description of Allowance

Rate

Groups 1-9

Groups 10-15

1. Constant attendance allowance under article 8—
(a) under article 8—
(i) the part day rate of constant attendance allowance under article 8(2)£1,688 per annum£32.35 per week
(ii) the full day rate of constant attendance allowance under article 8(3)£3,376 per annum£64.70 per week
(iii) the intermediate rate of constant attendance allowance under article 8(4)£5,064 per annum£97.05 per week
(iv) the exceptional rate of constant attendance allowance under article 8(5)£6,752 per annum£129.40 per week
(b) under article 71(4)—
(i) the rate under paragraph 4(a)£3,376 per annum*£64.70 per week*
(ii) the rate under paragraph 4(b)£6,752 per annum*£129.40 per week*
2. Exceptionally severe disablement allowance under article 9£3,376 per annum£64.70 per week
3. Severe disablement occupational allowance under article 10£1,688 per annum£32.35 per week
4. Allowance for wear and tear of clothing under article 11£221 per annum£221 per annum
5. Unemployability allowances—
(a) personal allowance under article 12(1)(a)£5,528 per annum£105.95 per week
(b) additional allowances for dependants by way of—
(i) increase of allowances in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a)£3,071 per annum*£58.85 per week*
(ii) increase of allowance under article 12(6)(b)—
(aa) in respect of the only, elder or eldest child of a member£715 per annum£13.70 per week
(bb) in respect of each other child of a member£840 per annum£16.10 per week
(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992(3), or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act£840 per annum£16.10 per week
For decisions made on or after 9th April 2001
(c) the annual earnings figure for the purposes of article 12(4) is £5,174
(d) the weekly income figure for the purposes of article 12(6)(a)(i) is £71.00
6. Invalidity allowance under article 13—
(a) if—
(i) the relevant date fell before 5th July 1948;
(ii) on the relevant date the member was under the age of 35; or
(iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of a member being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979£1,096 per annum£21.00 per week
(b) if head (a) does not apply and—
(i) on the relevant date the member was under the age of 45; or
(ii) on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of a member being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979£710 per annum£13.60 per week
(c) if heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a woman under the age of 55£355 per annum£6.80 per week
7. Comforts allowance—
(a) under article 14(1)(a)£1,451 per annum£27.80 per week
(b) under article 14(1)(b)£725 per annum£13.90 per week
8. Allowance for lowered standard of occupation under article 15£3,373 per annum*£64.64 per week*
9. Age allowance under article 16 where the degree of pensioned disablement is—
(a) 40 to 50 per cent£600 per annum£11.50 per week
(b) over 50 per cent, but not exceeding 70 per cent£921 per annum£17.65 per week
(c) over 70 per cent, but not exceeding 90 per cent£1,310 per annum£25.10 per week
(d) over 90 per cent£1,842 per annum£35.30 per week
10. Part-time treatment allowance under article 19£78.70 per day*£78.70 per day*
11. Mobility supplement under article 20£3,222 per annum£61.75 per week

* maximum.”

Article 6(a)

SCHEDULE 4TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table 1

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER(4) OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER(5), OF THE 1920 WARRANT(6) OR OF THE 1921 ORDER(7)

Group

(1)

Yearly Rate

(2)

£

1

2

3

4

5

6

7

8

9

10

11

7,833

7,554

7,375

7,215

7149

7,004

6,967

6,915

6,889

6,861

6,820

Table 2

WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Group

(1)

Weekly Rate

(2)

£

12)

13)

14)

15)

16)

17)

130.05

Table 3

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER

Group

(1)

Yearly Rate

(2)

£

1

2

3

4

5

6

7

8

9

10

11

8,008

7,655

7,480

7,302

7,165

7,021

6,980

6,915

6,889

6,861

6,820

Table 4

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

Group

(1)

Yearly Rate

(2)

£

1

2

3

4

5

6

7

8

9

10

11

7,833

7,554

7,375

7,215

7,149

7,004

6,967

2,402

2,142

1,884

1,667

Table 5

WEEKLY RATES OF PENSION FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Group

(1)

Weekly Rate

(2)

£

12)

13)

14)

15)

16)

17)

31.15

Table 6

YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

Group

(1)

Yearly Rate

(2)

£

(1-11)4,539.14

Table 7

WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

Group

(1)

Weekly Rate

(2)

£

(12-17)86.99”

Article 6(b)

SCHEDULE 5TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or Allowance

Rates

Groups 1-11

Groups 12-17

1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner£6,663 per annum*£127.70 per week*
2. Rent allowance under article 25£2,557 per annum*£49.00 per week*
3. Elderly persons allowance under article 26—
(a) if aged 65 or over but under 70£772 per annum£14.80 per week
(b) if aged 70 or over but under 80£1,487 per annum£28.50 per week
(c) if aged 80 or over£2,205 per annum£42.25 per week
4. Allowances in respect of children—
(a) under article 28(2)(a)—
(i) in respect of the only, elder or eldest child of a member£1,064 per annum£20.40 per week
(ii) in respect of each other child of a member£1,192 per annum£22.85 per week
(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,192 per annum£22.85 per week
(b) under article 28(2)(b)—
(i) in respect of the only, elder or eldest child of a member£1,216 per annum£23.30 per week
(ii) in respect of each other child of a member£1,333 per annum£25.55 per week
(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,333 per annum£25.55 per week
5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit—
(a) in respect of the only, elder or eldest child of a member£1,216 per annum£23.30 per week
(b) in respect of each other child of a member£1,333 per annum£25.55 per week
(c) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,333 per annum£25.55 per week
6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit£5,213 per annum*£99.90 per week*

* maximum.”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 which makes provision for pensions and other awards in respect of disablement or death due to service before 6th April 2005 in the naval, military and air forces.

Article 3 substitutes the word ‘person’ for the word ‘widow’ in article 33(4) in order to correct a minor error.

Article 4 corrects a typographical error in the formula to determine the degree of disablement in article 42(10)(c).

Articles 5 and 6 substitute Tables in Schedules 1 and 2 thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

(2)

1977 c. 5, subsection 24(3) of which was amended by the Social Security (Consequential Provisions) Act 1992 c. 6, section 4 and Schedule 2, paragraph 46.

(4)

Order in Council of 9th March 1921.

(5)

Order in Council of 9th March 1921.

(6)

Royal Warrant of 2nd July 1920.

(7)

Order of His Majesty of 25th September 1921.