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

Making of claims U.K.

34.—(1) Subject to [F1 paragraphs (2A), (4)] and article 35, it shall be a condition precedent to the making of any award of any pension, [F2 allowance, supplement or lump sum payment] mentioned in paragraph (2) (including any such award which follows an earlier award [F3 and an award which is the restoration of an award referred to in article 33)] that the person making the claim shall have—

(a) completed and signed a form approved by the Secretary of State for the purpose of claiming [F4 an award] payable under this Order; and

(b) delivered that form either to an appropriate office of the Secretary of State or to an office of an authorised agent.

(2) The pensions, [F5 allowances, supplement and lump sum payment] to which paragraph (1) applies are—

(a) retired pay or a pension payable under article 6;

(b) a gratuity under article 7;

(c) a constant attendance allowance payable under article 8;

(d) a clothing allowance payable under article 11;

(e) an unemployability allowance payable under article 12;

(f) an allowance for lowered standard of occupation payable under article 15;

(g) a treatment allowance payable under article 17;

(h) an allowance where abstention from work is necessary following treatment in a hospital or similar institution under article 18;

(i) an allowance for part-time treatment under article 19;

(j) a mobility supplement payable under article 20;

(k) a surviving spouse's or surviving civil partner's pension payable under article 23;

(l) a pension payable to a dependant who lived as a spouse or F6 ... civil partner under article 24;

(m) a rent allowance payable to a surviving spouse, surviving civil partner [F7 or dependant who lived as a spouse or] civil partner under article 25;

(n) a children's allowance payable under article 28;

(o) a children's allowance or an orphan's pension payable under article 30;

(p) an award of funeral expenses under article 32[F8 ;]

[F9 (q) a diffuse mesothelioma lump sum under Schedule 1A.]

[F10 (2A) A claim for constant attendance allowance under article 8(6) (on the grounds that a member of the armed forces has a terminal illness) may be made on behalf of the member, and shall be regarded as having been made by the member, notwithstanding that it is made without his knowledge or authority.]

(3) A claim for a pension for a child under article 29 or article 31 shall be made by the child's guardian or by any other person having parental responsibility (within the meaning of the Children Act 1989 M1 for the child).

(4) Subject to paragraph (5), where a claim for injury or death benefit made by or in respect of a member of the armed forces has been refused under the 2005 Order, the Secretary of State may treat the claim under that Order as a claim under this Order.

(5) Paragraph (4) shall not apply to a claim made under the 2005 Order during the claimant's service.

Textual Amendments

F1 Words in art. 34(1) substituted (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), 10(a) (with art. 18)

F2 Words in art. 34(1) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(2)(a)

F3 Words in art. 34(1) substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 5

F4 Words in art. 34(1)(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(2)(b)

F5 Words in art. 34(2) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(a)

F6 Words in art. 34(2)(l) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(8)(a)

F7 Words in art. 34(2)(m) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(8)(b)

F8 Art. 34(2)(p): semi-colon substituted for full stop (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(b)

F9 Art. 34(2)(q) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(c)

F10 Art. 34(2A) 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), 10(b) (with art. 18)

Marginal Citations

M1 1989 c. 41.