The Pensions (Polish Forces) Scheme (Amendment) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

The Pensions (Polish Forces) Scheme 1964 (“the Scheme”) provides for benefits to be payable to or in respect of former members of the Polish Forces who served under British command during World War II, or in the Polish Resettlement Forces.

Section 1(3) of the Polish Resettlement Act 1947 provided that payments under the Scheme could not be made to persons resident in Poland. Section 139 of the Pensions Act 2008 amended section 1(3) with the effect that the residency restriction may only be applied prior to 1st May 2004. This was the date of Poland’s accession to the European Union. The amendment came into force on 6th April 2009, and this Order makes consequential amendments to the Scheme.

Article 3 amends article 11, so that the residency restriction applies only where a person became resident in Poland at any time prior to 1st May 2004.

Article 4 of this Order inserts a new article 11A. This article applies in three circumstances. The first is where an award was terminated because a person became resident in Poland on or after 1st May 2004 and before 6th April 2009. The second is where a new claim was made on or after 1st May 2004 and before 6th April 2009 and a payment could not be made due to the claimant’s residence in Poland. The third is where a former member of the Polish forces died on or after 1st May 2004 and before 6th April 2009 and an eligible family member (e.g. a widow or a surviving civil partner) was not eligible for an award under the Scheme due to residence in Poland.

An award which has been terminated will be reinstated, and where an award was not made by virtue of the person’s residence in Poland an award will be made. In all cases an amount equivalent to arrears of pension or allowance will also be paid. Where a person dies before payment is made, payment will be made to the designated person defined by reference to article 68 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006. A designated person includes a surviving spouse, civil partner, child, other eligible family member or personal representative.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or the voluntary sectors is foreseen.