2017 No. 1133

Pensions

The War Pensions Committees (Amendment) Regulations 2017

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 25 and 29(1) of the Social Security Act 19891 and section 175(3) to (5) of the Social Security Contributions and Benefits Act 19922.

Citation and commencement1

These Regulations may be cited as the War Pensions Committees (Amendment) Regulations 2017 and come into force on 15th December 2017.

Amendment of the War Pensions Committees Regulations 20002

The War Pensions Committees Regulations 20003 are amended as follows.

Committee for Wales3

In regulation 4 (committee for Wales), for “Wales War Pensions Committee (Pwyllgor Pensiynau Rhyel Cymru)” substitute “Wales Veterans Advisory and Pensions Committee (Pwyllgor Cynghori a Pensiynau Cyn-filwyr Cymru)”.

Committee for Northern Ireland4

In regulation 5 (committee for Northern Ireland), for “Northern Ireland War Pensions Committee” substitute “Northern Ireland Veterans Advisory and Pensions Committee”.

Committees for Scotland5

In column 2 of the table in regulation 6 (committees for Scotland), for “War Pensions Committee”, in both places where it occurs, substitute “Veterans Advisory and Pensions Committee”.

Functions of a committee6

1

In regulation 8(1)—

a

in sub-paragraph (a), for “surviving spouses or surviving civil partners” substitute “surviving spouses, surviving civil partners or AFCS benefit recipients”;

b

in sub-paragraph (b), at the end insert “and AFCS benefits”;

c

in sub-paragraph (c)—

i

for “the Veterans Agency” substitute “Veterans UK”; and

ii

for “pensioners, surviving spouses, surviving civil partners” substitute “war pensioners, surviving spouses, surviving civil partners, AFCS benefit recipients”;

d

in sub-paragraph (d)—

i

for “surviving spouses and surviving civil partners” substitute “surviving spouses, surviving civil partners, AFCS benefit recipients and others claiming war pensions or AFCS benefits”;

ii

for “pensions” substitute “war pensions, AFCS benefits”; and

iii

for “the Veterans Agency” substitute “Veterans UK”.

2

In regulation 8(2)—

a

in sub-paragraph (a), for “war pensioner, surviving spouse or surviving civil partner” substitute “claiming or receiving a war pension or AFCS benefit”;

b

in sub-paragraph (c), after “report” insert “or make recommendations”;

c

in sub-paragraph (d), for “surviving spouses and surviving civil partners” substitute “surviving spouses, surviving civil partners and AFCS benefit recipients”.

3

After regulation 8(3) insert—

4

In this regulation “Veterans UK” means an office designated by the Secretary of State for the purpose of receiving and determining claims for war pensions and AFCS benefits.

Committees in England7

In column 2 of the table in Schedule 1 (committees in England), for “War Pensions Committee”, wherever it occurs, substitute “Veterans Advisory and Pensions Committee”.

Signed by authority of the Secretary of State for Defence

Tobias EllwoodParliamentary Under Secretary of StateMinistry of Defence
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the War Pensions Committees Regulations 2000 (S.I. 2000/3180) (“the principal Regulations”).

The principal Regulations establish war pensions committees across the UK and give them functions. Their main functions currently relate to the war pensions scheme established under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (S.I. 2006/606). This scheme provides compensation for injury or death caused by service in the armed forces before 6th April 2005.

Regulations 3 to 5 and 7 change the names of the committees established by the principal Regulations by substituting ‘Veterans Advisory and Pensions Committee’ for ‘war pensions committee’ in each of their names.

Regulation 6 amends regulation 8 of the principal Regulations, extending the functions of the committees to include matters connected with benefits payable under an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (c. 32). The current scheme is set out in the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) and provides compensation for injury or death caused by service in the armed forces on or after 6th April 2005.

Regulation 6 also amends regulation 8 of the principal Regulations to extend the recommendation-making functions of the committees and to enable them to assist those claiming war pensions and AFCS benefits, as well as those receiving them. It also replaces references to ‘the Veterans Agency’ with ‘Veterans UK’ to reflect that agency’s change in name.

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