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

PART II CONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER

Savings provisions made by the 1992 Order in respect of articles 12, 18, 23 and 53 of the Service Pensions Order 1983

7.—(1) Notwithstanding—

(a) the revocation of article 12 of the Service Pensions Order 1983 (allowance for eligible members of the family), and

(b) the amendment of—

(i) article 18(5) (additional unemployability allowances), and

(ii) article 23 (treatment allowance)

of that Order (“the saved provisions”)

by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992(1) (“the 1992 Order”), and notwithstanding the revocation of the 1992 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance or any addition to a pension was payable under any of the saved provisions in respect of a period immediately before 6th April 1992 and is still payable immediately before 11th April 2006 by virtue of the savings set out in article 8 of the 1992 Order, the saved provisions shall continue to have effect as though this Order had not come into force.

(2) The rate for the allowance for eligible members of the family, continued by paragraph (1)(a), shall be the rate payable immediately before 6th April 1992(2).

Savings provision made by the 1993 Order in respect of articles 13, 38, 40 and 41 of the Service Pensions Order 1983

8.—(1) Notwithstanding—

(a) the revocation of—

(i) article 13 (education allowance for disablement),

(ii) article 38 (education allowance for death),

(iii) article 40 (pensions to parents), and

(iv) article 41 (pensions to other dependants)

of the Service Pensions Order 1983; and

(b) the amendment of—

(i) article 23 (treatment allowance),

(ii) article 24 (allowance where abstention from work is necessary following treatment in a hospital or similar institution), and

(iii) article 25 (allowance for part-time treatment)

of that Order (“the saved provisions”)

by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993(3) (“the 1993 Order”), and notwithstanding the revocation of the 1993 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance was awarded under any of the saved provisions in respect of a period immediately before 12th April 1993 and is still payable immediately before 11th April 2006 by virtue of the transitional provisions set out in article 16 of the 1993 Order, the saved provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.

(2) The rates for the allowances and pensions specified in paragraph (2)(a) and continued by that paragraph shall be the rates payable immediately before 12th April 1993(4).

(3) Notwithstanding the amendments made to articles 23, 24 and 25 of the Service Pensions Order 1983 by the 1993 Order, where treatment began before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment on or after 11 April 1993, the Secretary of State shall determine the claim as though this Order had not come into force.

(1)

S.I. 1992/710.

(2)

See S.I. 1983/883, article 12.

(3)

S.I. 1993//598.

(4)

See S.I. 1993/598, Schedule 8.