The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005 No. 851

Article 2

SCHEDULE 1 AMENDMENTS TO THE PRINCIPAL ORDER

Amendment of article 3 (basic conditions of awards under this Order)

1.  In article 3 after the word “service” there shall be inserted the words “before 6th April 2005”.

Amendment of article 3A (making of claims)

2.  Article 3A shall be amended as follows—

(1) in paragraph (1) after the words “Subject to” there shall be inserted “paragraph (4) and”; and

(2) after paragraph (3) there shall be inserted—

“(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.”.

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—

“(1A) Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.”; and

(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 “30^th September 1921” there shall be inserted “but before 6th April 2005”; and

(3) after paragraph (1) there shall be inserted—

“(1A) Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.”.

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—

“(1B) Any pension or allowance awarded under articles 29 to 32 (inclusive) to a person in respect of a member of the armed forces who died or whose service terminated on or before the 31st March 1973 shall not cease if that person marries or begins to live with another person as the spouse of that person on or after the 6th April 2005.”.

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(1)”.

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

(1)

2005/439.