PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 4DEFENCE

Amendment of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

49.—(1) The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006(1) is amended as follows.

(2) In article 10 (Severe disablement occupational allowance)(2)—

(a)in paragraph (2)(c), omit “under Part 1 of the Welfare Reform Act 2007 or the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007”;

(b)after paragraph (3), insert—

(4) In this article, “employment and support contributory allowance” means—

(a)an allowance under Part 1 of the Welfare Reform Act 2007 (“the 2007 Act”) as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the 2007 Act as that Part has effect apart from those provisions; or

(b)a contributory allowance under the provisions of the Welfare Reform Act (Northern Ireland) 2007 that correspond to Part 1 of the Welfare Reform Act 2007..

(3) In article 15(2)(b)(iii) (Allowance for lowered standard of occupation)(3), after sub-paragraph (bb) omit “or”, and after sub-paragraph (cc) insert—

, or

(dd)an award of universal credit under Part 1 of the Welfare Reform Act 2012, the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations.

(4) In article 50(3) (payment of public claims out of pensions)(4), after sub-paragraph (aa) omit “or”, and insert—

(ab)universal credit under Part 1 of the Welfare Reform Act 2012; or.

(5) In article 56(3) (abatement of awards in respect of social security benefits)(5) after sub-paragraph (h), insert—

;

(i)Part 1 of the Welfare Reform Act 2012.

(2)

Article 10 was amended by S.I. 2008/679 and 2009/706.

(3)

Article 15(2) was substituted by S.I. 2009/706.

(4)

Article 50(3) was amended by S.I. 2008/679 and 2009/706.

(5)

Article 56(3) was amended by S.I. 2008/679, 2009/706 and 2013/388.