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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005 No. 851 URL: http://www.bailii.org/uk/legis/num_reg/2005/20050851.html |
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Made | 22nd March 2005 | ||
Laid before Parliament | 23rd March 2005 | ||
Coming into force in accordance with article 1(1) |
(2) In this Order "the principal Order" means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2.
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
AK Galloway
Clerk of the Privy Council
Amendment of article 4 (entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service)
3.
Article 4 shall be amended as follows -
(1) in paragraph (1) for the word "Where" there shall be substituted "Except where paragraph (1A) applies, where";
(2) after paragraph (1) there shall be inserted -
(3) in paragraph (6) after the words "30th September 1921" there shall be inserted "but before 6th April 2005".
Amendment of article 5 (entitlement where a claim is made in respect of disablement, or death occurs, more than 7 years after the termination of service)
4.
Article 5 shall be amended as follows -
(1) in paragraph (1) for the word "Where" there shall be substituted "Except where paragraph (1A) applies, where";
(2) in paragraph (1) after the words "30th September 1921" there shall be inserted "but before 6th April 2005"; and
(3) after paragraph (1) there shall be inserted -
Amendment of article 8 (general conditions)
5.
In paragraph (1) of article 8 after the words "due to service" there shall be inserted the words "before 6th April 2005".
Amendment of article 9 (determination of degree of disablement)
6.
In paragraph (1) of article 9 after the words "30th September 1921" there shall be inserted the words "but before 6th April 2005".
Amendment of article 10 (pension for disablement)
7.
In article 10 after the words "30th September 1921" there shall be inserted the words "but before 6th April 2005".
Amendment of article 11 (gratuity for minor disablement)
8.
In paragraph (1) of article 11 after the words "30th September 1921" there shall be inserted the words "but before 6th April 2005".
Amendment of article 26 (medical expenses)
9.
In article 26 after the words "due to service" there shall be inserted the words "before 6th April 2005".
Amendment of article 27 (application of Part IV)
10.
In article 27(1) after the words "due to service" there shall be inserted the words "before 6th April 2005".
Amendment of article 29 (pensions to widows and widowers)
11.
In paragraph (1A) of article 29 for the amount "£62.68" substitute the amount "£64.62".
Amendment of article 42 (effects of marriage and living together)
12.
Article 42 shall be amended as follows -
(1) in paragraph (1) for the words "paragraph (2)" there shall be substituted the words "paragraphs (1B) and (2)"; and
(2) after paragraph (1A) there shall be inserted -
Amendment of article 42A (funeral expenses)
13.
In paragraph (2)(a) after the words "due to service" there shall be inserted the words "before 6th April 2005".
Amendment of Schedule 1 (disablement due to service in the armed forces)
14.
In Schedule 1 -
(1) for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;
(2) for Tables 1 and 2 in Part III there shall respectively be substituted Tables 1 and 2 set out in Schedule 3 to this Order; and
(3) for the Table in Part IV there shall be substituted the Table set out in Schedule 4 to this Order.
Amendment of Schedule 2 (death due to service in the armed forces)
15.
In Schedule 2 -
(1) for Tables 1, 2, 3, 4, and 5 of Part II there shall respectively be substituted the Tables set out in Schedule 5 to this order; and
(2) for the Table in Part III there shall be substituted the Table set out in Schedule 6 to this Order.
Amendment of Schedule 4 (glossary of expressions)
16.
Part I (warrants and orders) shall be amended as follows -
(1) in the first column ("item") after item 14 there shall be inserted "14A"; and
(2) in the corresponding second column ("expression") there shall be inserted "the 2005 Order"; and
(3) in the corresponding third column ("meaning") there shall be inserted "the Armed Forces and Reserve Forces Compensation Scheme Order 2005[6]".
Amendment of Schedule 7 (deductions for the purposes of article 56)
17.
In Schedule 7 there shall be substituted the Table set out in Schedule 7 to this Order
Degree of disability | Weekly Rate | Yearly Rate |
Per cent. | £ | £ |
100 | 131.30 | 6,851 |
90 | 118.17 | 6,166 |
80 | 105.04 | 5,481 |
70 | 91.91 | 4,796 |
60 | 78.78 | 4,111 |
50 | 65.65 | 3,426 |
40 | 52.52 | 2,740 |
30 | 39.39 | 2,055 |
20 | 26.26 | 1,370" |
Description of Injury: | Assessments | Groups 1-15 |
For the loss of: | Per cent. | £ |
A. Fingers | ||
|
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|
14 | 6,243 |
|
11 | 4,996 |
|
9 | 4,162 |
|
5 | 2,492 |
|
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12 | 5,408 |
|
9 | 4,162 |
|
7 | 3,327 |
|
4 | 2,081 |
|
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|
7 | 3,327 |
|
6 | 2,916 |
|
5 | 2,492 |
|
2 | 1,246 |
B. Toes | ||
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14 | 6,243 |
|
3 | 1,658 |
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3 | 1,658 |
|
1 | 835 |
|
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5 | 2,492 |
|
2 | 1,246 |
|
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6 | 2,916 |
|
3 | 1,658 |
|
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9 | 4,162 |
|
3 | 1,658 |
Groups 1-15 | Estimated duration of the disablement within the degree referred to | ||||||||
Temporary less than a year | Temporary more than a year | Indeterminate | |||||||
Per cent. | Per cent. | Per cent. | |||||||
1-5 | 6-14 | 15-19 | 1-5 | 6-14 | 15-19 | 1-5 | 6-14 | 15-19 | |
£ | £ | £ | £ | £ | £ | £ | £ | £ | |
345 | 774 | 1,356 | 696 | 1,544 | 2,704 | 2,088 | 4,640 | 8,118" |
Description of Allowance | Rates | |
Groups 1-9 | Groups 10-15 | |
1.
Education allowance under article 13 |
£120 per annum* | £120 per annum* |
2.
Constant attendance allowance under article 14 - A. For decisions made before 9th April 2001 - |
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£5,176 per annum* | £99.20 per week* |
|
£2,588 per annum* | £49.60 per week* |
B. For decisions made on or after 9th April 2001 - |
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£1,294 per annum | £24.80 per week |
|
£2,588 per annum | £49.60 per week |
|
£3,882 per annum | £74.40 per week |
|
£5,176 per annum | £99.20 per week |
3.
Exceptionally severe disablement allowance under article 15 |
£2,588 per annum | £49.60 per week |
4.
Severe disablement occupational allowance under article 16 |
£1,294 per annum | £24.80 per week |
5.
Allowance for wear and tear of clothing under article 17(1) |
£169 per annum | £169 per annum |
6.
Unemployability allowances - |
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£4,234 per annum | £81.15 per week |
|
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£2,385 per annum* | £45.70 per week* |
|
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|
£553 per annum | £10.60 per week |
|
£652 per annum | £12.50 per week |
|
£652 per annum | £12.50 per week |
For decisions made on or after 9th April 2001 - |
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||
|
||
7.
Invalidity allowance under article 19 |
||
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||
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£837 per annum | £16.05 per week |
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£537 per annum | £10.30 per week |
|
£269 per annum | £5.15 per week |
8.
Comforts allowance |
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£1,106 per annum | £21.20 per week |
|
£553 per annum | £10.60 per week |
9.
Allowance for lowered standard of occupation under article 21 |
£2,584 per annum* | £49.52 per week* |
10.
Age allowance under article 22 where the degree of pensioned disablement is - |
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|
£459 per annum | £8.80 per week |
|
£704 per annum | £13.50 per week |
|
£1,004 per annum | £19.25 per week |
|
£1,409 per annum | £27.00 per week |
11.
Treatment allowance - increase of personal allowances under article 23(3) |
£1,409 per annum* | £27.00 per week* |
12.
Part-time treatment allowance under article 25 |
£59.00 per day* | £59.00 per day* |
13.
Mobility supplement under article 26A |
£2,466 per annum | £47.25 per week |
Group | Yearly rate |
£ | |
1 | 5,997 |
2 | 5,784 |
3 | 5,648 |
4 | 5,526 |
5 | 5,442 |
6 | 5,363 |
7 | 5,335 |
8 | 5,295 |
9 | 5,275 |
10 | 5,254 |
11 | 5,221 |
Group | Weekly Rate |
(1) | (2) |
£ | |
12 } | |
13 } | |
14 } | 99.50 |
15 } | |
16 } | |
17 } |
Group | Yearly rate |
(1) | (2) |
£ | |
1 | 6,132 |
2 | 5,862 |
3 | 5,723 |
4 | 5,592 |
5 | 5,486 |
6 | 5,376 |
7 | 5,345 |
8 | 5,295 |
9 | 5,275 |
10 | 5,254 |
11 | 5,221 |
Group | Yearly rate |
(1) | (2) |
£ | |
1 | 5,997 |
2 | 5,784 |
3 | 5,648 |
4 | 5,526 |
5 | 5,442 |
6 | 5,363 |
7 | 5,335 |
8 | 1,839 |
9 | 1,639 |
10 | 1,442 |
11 | 1,276 |
Group | Weekly rate |
(1) | (2) |
£ | |
12 } | |
13 } | |
14 } | 23.85 |
15 } | |
16 } | |
17 } | " |
Description of Pension or Allowance | Rates | |
Groups 1-11 | Groups 12-17 | |
1.
Pension under article 30 to unmarried dependant who lived as a spouse |
£5,069 per annum* | £97.15 per week* |
2.
Rent allowance under article 31 |
£1,959 per annum* | £37.55 per week* |
3.
Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as a spouse - |
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£595 per annum | £11.40 per week |
|
£1,138 per annum | £21.80 per week |
|
£1,688 per annum | £32.35 per week |
4.
Allowances in respect of children - |
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£817 per annum | £15.65 per week |
|
£913 per annum | £17.50 per week |
|
£913 per annum | £17.50 per week |
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£929 per annum | £17.80 per week |
|
£1,020 per annum | £19.55 per week |
|
£1,202 per annum | £19.55 per week |
5.
Pension under article 36 where the decision is made before 9th April 2001 to a motherless or fatherless child under the age limit and, where the decision is made on or after that date, to a child of a member with no parents living - |
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£929 per annum | £17.80 per week |
|
£1,020 per annum | £19.55 per week |
|
£1,020 per annum | £19.55 per week |
6.
Pension or allowance under article 37(3) where the decision is made before 9th April 2001, and under article 37(2) where the decision is made on or after that date, to or in respect of a child who has attained the child's age limit |
£3,989 per annum* | £76.45 per week* |
7.
Education allowance under article 38 |
£120 per annum* | £120 per annum* |
8.
Pensions to parents - |
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£15 per annum | £0.25 per week |
|
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(i) Groups 1-10 £75 per annum* (ii) Group 11 £60 per annum* |
£1.00 per week* |
|
(i) Groups 1-10 £100 per annum* (ii) Group 11 £85 per annum* |
£1.38 per week* |
|
£20 per annum* | i) Where there is only one eligible parent - £0.38 per week* (ii) Where there is more than one eligible parent - £0.62 per week* |
|
£1.00 per week* | |
9.
Pension to other dependants - |
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£54 per annum* | £1.00 per week* |
|
(i) Groups 1-10 £26 per annum* (ii) Group 11 £20 per annum* |
£0.30 per week* |
|
(i) Groups 1-10 £75 per annum* (ii) Group 11 £65 per annum* |
£1.00 per week* |
Allowance/Pension | Date of Deduction | Weekly Rate of Deduction |
Constant attendance allowance (article 14) | After 4 weeks of falling within article 56 paragraph (1) | Total amount of Constant attendance allowance |
Severe disablement occupational allowance (article 16) | After 4 weeks of falling within article 56 paragraph (1) | Total amount of Severe disablement occupational allowance |
Unemployability personal allowance (article 18) | After 8 weeks of falling within article 56 paragraph (1) where that has been reached on or before 30th September 2003 and after 13 weeks of falling within article 56 paragraph (1) where that has been reached on or after 1st October 2003 and on or before 11th April 2004 and in any other case after 52 weeks of falling within article 56 paragraph (1) | (i) Where member has no partner, spouse or dependants - £31.20 (ii) Where member has partner, spouse or dependants - £16.40 |
Unemployability allowance increase for wife, husband, unmarried dependant living as a spouse or adult dependant (article 18) |
(i) After 8 weeks of falling within article 56 paragraph (1) where that has been reached on or before 30th September 2003 and after 13 weeks of falling within article 56 paragraph (1) where that has been reached on or after 1st October 2003 and on or before 11th April 2004 and in any other case after 52 weeks of falling within article 56 paragraph (1) (ii) After 104 weeks of falling within article 56 paragraph (1) |
(i) £16.40 (ii) £31.20 |
Invalidity allowance (article 19) | After 52 weeks of falling within article 56 paragraph (1) |
(i) Where member has no dependants - total amount of Invalidity allowance (ii) Where member has dependants - nil |
War widows pension and war widowers pension (article 29) and pension paid to an unmarried dependant who lived as spouse (article 30) | After 52 weeks of falling within article 56 paragraph (1) | £31.20" |
[3] 1865 c.73; section 3 was amended by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section4.back
[4] 1884 c.55; parts of section 2(1) were repealed by the Statute Law Revision Act 1898 (c. 22) and by the Statute Law (Repeals) Act 1976 (c. 16).back