The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

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 1983 (“the principal Order”) which makes provisions for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces. The amendments are provided for in Schedule 1.

Paragraphs 1, 2 and 16 of Schedule 1 make consequential amendments to articles 1, 3A and 61 of the principal Order.

Paragraphs 3 to 9 of Schedule 1 amend articles 14, 15, 16, 18, 19, 21, 23 and 26A of the principal Order with the effect that four rates of constant attendance allowance are provided for, the meaning of therapeutic earnings for the purposes of unemployability allowance is clarified, ages are equalised for unemployability allowance, invalidity allowance and allowance for lowered standard of occupation, and the conditions for award of treatment allowance are clarified as is disablement for the purposes of mobility supplement.

Paragraph 10 of Schedule 1 increases the amount of a widow’s pension payable under article 29 of the principal Order.

Paragraph 11 of Schedule 1 substitutes articles 35 to 37 of the principal Order as regards awards in respect of children.

Paragraph 12 of Schedule 1 amends article 42A of the principal Order concerning funeral expenses. Paragraphs 13, 14 and 26 of Schedule 1, and Schedule 8, amend articles 54 and 56 of, and insert Schedule 7 into, the principal Order so that the amount of deductions from specified pensions and awards where a member is in hospital or an institution are set out in the new Schedule and so that suspension powers extend to allowances.

Paragraphs 15 and 17 of Schedule 1 amend articles 58 and 62 of the principal Order concerning respectively deductions from children’s awards where maintenance is paid and forfeiture.

Paragraphs 19 and 20 of Schedule 1, and Schedules 2 to 7, make amendments to and substitute Tables in Schedules 1 and 2 to the principal Order, thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Paragraph 18 of Schedule 1 amends article 67 of the principal Order to enable the Secretary of State to review an assessment or decision of the Pensions Appeal Tribunal where there is a change of circumstances and to review any assessment where there is an improvement in the disablement. Paragraphs 21 and 23 of Schedule 1 remove references in Schedule 3 to the principal Order to applications for appeals. These changes are consequent upon amendments to section 8 of the Pensions Appeal Tribunals Act 1943 c. 39 made by section 58 of the Child Support, Pensions and Social Security Act 2000 c. 19. Paragraph 21 also amends paragraph 1 of Schedule 3 to the principal Order to clarify what is meant by official error. Paragraph 22 of Schedule 1 omits paragraph 4(a) of Schedule 3 regarding backdating where there is additional evidence and paragraph 24 of Schedule 1 substitutes a provision in paragraph 10 of Schedule 3 to the principal Order concerned with administrative error.

Paragraph 25 of Schedule 1 substitutes new definitions of “adopted”, “child” and “student” in Schedule 4 to the principal Order.

This Order does not impose any costs on business.