1992 No. 3208
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No.2) Order 1992
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 17th day of December 1992
Present,
The Queen’s Most Excellent Majesty in Council
Whereas Her Majesty deems it expedient to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 19831 and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 19772:
Now, therefore, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all other powers enabling Her in that behalf, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement and interpretation1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No.2) Order 1992 and shall come into force on 7th January 1993.
2
In this Order “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 8 of the principal Order2
In article 8 of the principal Order (general conditions of awards in respect of disablement), after paragraph (2) there shall be inserted the following paragraphs—
2A
An award under this Part of this Order shall not be made in respect of—
a
noise-induced sensorineural hearing loss; or
b
a related condition or symptom if it is accompanied by noise-induced sensorineural hearing loss,
unless the degree of disablement from that loss alone is assessed as being at least 20 per cent.
2B
For the purposes of paragraph (2A) and article 9, “noise-induced sensorineural hearing loss” means damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise, and a condition or symptom is to be treated as related to such hearing loss if it is another condition, or a symptom, which is the consequence of damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise.
Amendment of article 9 of the principal Order3
In article 9 of the principal Order (determination of degree of disablement), after paragraph (2) there shall be inserted the following paragraphs—
2A
Where the average hearing loss at frequencies of 1, 2 and 3 kHz is not 50 dB or more in each ear, the degree of disablement in respect of that loss shall be assessed at less than 20 per cent.
2B
Neither noise-induced sensorineural hearing loss nor a related condition or symptom shall be taken into account in determining a member’s total degree of disablement if the degree of disablement in respect of that loss alone is less than 20 per cent.
Transitional provision4
1
Where the degree of disablement in respect of noise-induced sensorineural hearing loss, or in respect of such hearing loss and a related condition or symptom, is assessed at less than 20 per cent, and a claim for an award in respect of that disablement was made prior to 7th January 1993, payment of any award resulting from that claim shall be made as though articles 2 and 3 of this Order were omitted.
2
Expressions used in this article which are defined in the principal Order shall have the same meaning in this article as they have in the principal Order.
(This note is not part of the Order)