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

Gratuity for minor disablement

7.—(1) Subject to the provisions of paragraph (2), a member of the armed forces the degree of whose disablement due to service before 6th April 2005 is less than 20 per cent may be awarded a gratuity in accordance with the appropriate table in Part III of Schedule 1 in force at the time of the award.

(2) Subject to article 52, where—

(a) an award of a gratuity is reviewed on the grounds that, for the purposes of Table 2 of Part III of Schedule 1, it was based on the wrong assumption that the disablement was of uncertain duration;

and subsequently

(b) the degree of the disablement is increased to 20 per cent or more

the Secretary of State may on review award a gratuity in accordance with the appropriate table in Schedule 1 in force at such date as may seem to him just having regard to all the circumstances of the case, being a date not later than that on which the degree of the disablement increased.