1989 No. 156

PENSIONS

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989

Made

Laid before Parliament

Coming into force

for the purposes of articles 1, 3 and 5

for all other purposes

At the Court at Buckingham Palace, the 7th day of February 1989

Present,

The Queen’s Most Excellent Majesty in Council

WHEREAS Her Majesty deems it expedient to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 19831 and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 19772:

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation1

1

This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989, shall come into force for the purposes of this article and articles 3 and 5 on 1st April 1989 and for all other purposes on 10th April 1989.

2

In this Order, the expression “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.

Amendment of article 18 of the principal Order2

In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,404” there shall be substituted the amount “£1,482”.

Amendment of article 31 of the principal Order3

At the end of paragraph (1) of article 31 of the principal Order (Rent allowance to widows, and unmarried dependants who lived as wives, who have children) there shall be added the words “and to any community charge payable by her.”.

Amendment of Schedules to the principal Order4

1

In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)–

a

for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;

b

for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;

c

for Part IV there shall be substituted the Part set out in Schedule 5 hereto.

2

In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)–

a

for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;

b

for the amount “£2,789” in the second column of Table 1B of Part II there shall be substituted the amount “£2,954”;

c

for the amounts “£53.50” and “£12.35” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£56.65” and “£13.08”;

d

for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;

e

for Part III there shall be substituted the Part set out in Schedule 8 hereto.

Amendment of Schedule 4 to the principal Order5

In Part II of Schedule 4 to the principal Order, in column (3) of item 45 (meaning of the expression “public funds”) after paragraph (c) there shall be inserted the following paragraph–

cc

moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 19873; or

G. I. de DeneyClerk of the Privy Council

SCHEDULE 1TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 4(1)(a)

Table 1yearly rates of–

a.retired pay and pensions for disabled officers and nurses for all ranks in groups 1–9 of part i of this schedule

b.disablement addition on a pension basis (article 43(3)(a)) for all ranks in groups 1–9 of part i of this schedule and groups 2 and 3 of part I of schedule 2

Degree of Disability

Yearly rate

Per cent.

£

100

3747

90

3372

80

2998

70

2623

60

2248

50

1874

40

1499

30

1124

20

749

SCHEDULE 2TABLE TO BE SUBSTITUTED FOR TABLE 3 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 4(1)(a)

Table 3weekly rates of pension for disabled other ranks groups 10–15

Degree of Disability

Weekly rate

Per cent.

£

100

71.20

90

64.08

80

56.96

70

49.84

60

42.72

50

35.60

40

28.48

30

21.36

20

14.24

SCHEDULE 3TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 4(1)(b)

Table 1gratuities payable for specified minor injuries

Description of Injury

Assessments

Groups 1–9

Groups 10–15

For the loss of:

Per cent.

£

£

A.FINGERS–

Index Finger–

More than 2 phalanges, including loss of whole finger

14

3608

3578

More than 1 phalanx, but not more than 2 phalanges

11

2888

2863

1 phalanx or part thereof

9

2405

2385

Guillotine amputation of tip without loss of bone

5

1439

1429

Middle Finger–

More than 2 phalanges, including loss of whole finger

12

3125

3100

More than 1 phalanx, but not more than 2 phalanges

9

2405

2385

1 phalanx or part thereof

7

1922

1907

Guillotine amputation of tip without loss of bone

4

1203

1193

Ring or little finger–

More than 2 phalanges, including loss of whole finger

7

1922

1907

More than 1 phalanx, but not more than 2 phalanges

6

1686

1671

1 phalanx or part thereof

5

1439

1429

Guillotine amputation of tip without loss of bone

2

720

715

B.TOES–

Great Toe–

through metatarso–phalangeal joint

14

3608

3578

part, with some loss of bone

3

956

951

1 other toe–

through metatarso–phalangeal joint

3

956

951

part, with some loss of bone

1

483

478

2 toes, excluding great toe–

through metatarso–phalangeal joint

5

1439

1429

part, with some loss of bone

2

720

715

3 toes, excluding great toe–

through metatarso–phalangeal joint

6

1686

1671

part, with some loss of bone

3

956

951

4 toes, excluding great toe–

through metatarso–phalangeal joint

9

2405

2385

part, with some loss of bone

3

956

951

SCHEDULE 4TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 4(1)(b)

Table 2gratuities payable to members of the armed forces for disablement assessed at less than 20 per cent., not being a minor injury specified in table 1

Group

Estimated duration of the disablement within the degree referred to

Temporary less than a year

Per cent.

1–5

6–14

15–19

Temporary more than a year

Per cent.

1–5

6–14

15–19

Indeterminate

Per cent.

1–5

6–14

15–19

£

£

£

£

£

£

£

£

£

1

209

465

813

417

927

1624

1253

2785

4873

3

207

460

806

413

918

1608

1241

2758

4826

4

205

456

798

409

909

1592

1229

2731

4779

5

203

453

792

407

903

1582

1221

2713

4747

6

202

450

787

404

897

1571

1213

2695

4716

7, 8

200

445

779

400

888

1555

1201

2668

4669

9

198

441

771

396

879

1540

1189

2641

4621

10

199

442

773

398

882

1544

1188

2639

4613

11

199

441

772

397

881

1541

1186

2634

4604

12

198

441

770

396

879

1538

1184

2629

4595

13

198

440

769

396

877

1535

1182

2624

4587

14

197

439

767

395

876

1532

1179

2619

4578

15

197

438

766

394

874

1529

1177

2614

4569

SCHEDULE 5PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Article 4(1)(c)

PART IVrates of allowances payable in respect of disablement

Description of Allowance

Rate

Groups 1–9

Groups 10–15

1

Education allowance under article13

£120 per annum (maximum)

£120 per annum (maximum)

2

Constant attendance allowance–

a

under article 14(1)(b)

£2972 per annum (maximum)

£57.00 per week (maximum)

b

under article 14(1)(a)

£1486 per annum (maximum)

£28.50 per week (maximum)

3

Exceptionally severe disablement allowance under article 15

£1486 per annum

£28.50 per week

4

Severe disablement occupational allowance under article 16

£743 per annum

£14.25 per week

5

Allowance for wear and tear of clothing–

a

under article 17(1)(a)

£61 per annum

£61 per annum

b

under article 17(1)(b) and 17(2)

£97 per annum

£97 per annum

6

Unemployability allowances–

a

personal allowance under article 18(1)(a)

£2414 per annum

£46.30 per week

b

additional allowances for dependants by way of–

i

increase of allowance in respect of a wife, husband or unmarried dependant living as a spouse, under article 18(5)(b)

£1366 per annum (maximum)

£26.20 per week (maximum)

ii

allowance in respect of an adult dependant under article 18(5)(c)

£1366 per annum (maximum)

£26.20 per week (maximum)

iii

increase of allowance in respect of each child under article 18(5)(d)

£467 per annum

£8.95 per week

7

Invalidity allowance under article19–

a

if–

i

the relevant date fell before 5th July 1948; or

ii

on the relevant date the member was under the age of 35; or

iii

on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

£480 per annum

£9.20 per week

b

if

i

on the relevant date the member was under the age of 45; or

ii

on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

£302 per annum

£5.80 per week

c

if heads (a) and (b) do not apply, and on the relevant date the member was a man under the age of 60 or a woman under the age of 55

£151 per annum

£2.90 per week

8

Comforts allowance–

a

under article 20(1)(a)

£641 per annum

£12.30 per week

b

under article 20(1)(b)

£321 per annum

£6.15 per week

9

Allowance for lowered standard of occupation under article 21

£1485 per annum (maximum)

£28.48 per week (maximum)

10

Age allowance under article 22 where the degree of pensioned disablement is–

a

40 to 50 per cent.

£261 per annum

£5.00 per week

b

over 50 per cent., but not exceeding 70 per cent.

£404 per annum

£7.75 per week

c

over 70 per cent., but not exceeding 90 per cent.

£579 per annum

£11.10 per week

d

over 90 per cent.

£808 per annum

£15.50 per week

11

Treatment allowances–increase of personal allowance under article 23(3)

£808 per annum (maximum)

£15.50 per week (maximum)

12

Part-time treatment allowance under article 25

£29.70 per day (maximum)

£29.70 per day (maximum)

13

Mobility supplement under article 26A

£27.10 per week

£27.10 per week

SCHEDULE 6TABLE TO BE SUBSTITUTED FOR TABLE 1A OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Article 4(2)(a)

Table 1yearly rates of pensions for widows of officersa.pensions other than pensions awarded under article 11(1) or (2) of the 1921 (officers) order or article 11(1) of the 1921 (warrant officers) order, of the 1920 warrant or of the 1921 order.

Group

Rate

Rate

(1)

(2)

(3)

£

£

1

2

3

4

2954

5

6

2954

7

8

1048

9

935

10

823

11

728

SCHEDULE 7TABLE TO BE SUBSTITUTED FOR TABLE 5 OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Article 4(2)(d)

Table 5maximum yearly rates of pensions for relatives of 1914 world war officers

Group

Rate

(1)

(2)

£

1

2

3

4

2954

5

6

7

8

1048

9

935

10

823

11

728

SCHEDULE 8PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Article 4(2)(e)

PART IIIrates of pensions, other than widows' pensions and allowances, payable in respect of death

Description of Pension or Allowance

Rate

Groups 1–11

Groups 12–17

1

Pension under article 30 to unmarried dependant who lived as spouse

£2847 per annum (maximum)

£54.60 per week (maximum)

2

Rent allowance under article 31

£21.55 per week (maximum)

£21.55 per week (maximum)

3

Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse–

a

if aged 65 but under 70

£318 per annum

£6.10 per week

b

if aged 70 but under 80

£636 per annum

£12.20 per week

c

if aged 80 or over

£798 per annum

£15.30 per week

4

Pension to widower under article 34

£3564 per annum (maximum)

£56.65 per week (maximum)

5

Allowances in respect of children–

a

under article 35(1) in respect of each chile

£657 per annum

£12.60 per week

b

under article 35(3)

£720 per annum

£13.80 per week

6

Pension under article 36 to a motherless or fatherless child of a member

£720 per annum

£13.80 per week

7

Pension or allowance under article 37(3) to or in respect of a child over the age limit

£2273 per annum (maximum)

£43.60 per week (maximum)

8

Education allowance under article 38

£120 per annum (maximum)

£120 per annum (maximum)

9

Pension to parents–

a

minimum under article 40(3)

£15 per annum

£0.25 per week

b

under paragraphs (a) and (b) of article 40(3)–

i

where there is only one eligible parent

i

Groups 1–10 £75 per annum (maximum)

ii

Group 11 &:pound;60 per annum (maximum)

£1.00 per week (maximum)

ii

where there is more than ne eligible parent

i

Groups 1–10 £100 per annum (maximum)

ii

Group 11 £85 per annum (maximum)

£1.38 per week (maximum)

ii

c

increase under article 40(3)(c)

£20 per annum (maximum)

i

where there is only one eligible parent £0.38 per week (maximum)

ii

where there is more than one eligible parent £0.62 per week (maximum)

d

under paragraph (d) of article 40(4)

—

£1.00 per week (maximum)

10

Pension to other dependants–

a

under article 41(2)

£54 per annum (maximum)

£1.00 per week (maximum)

b

for each juvenile dependant under article 41(3)

i

Group 1–10 £26 per annum (maximum)

ii

Group 11 £20 per annum (maximum)

£0.30 per week (maximum)

c

aggregate rate under article 41(3)

i

Groups 1–10 £75 per annum (maximum)

ii

Group 11 £65 per annum (maximum)

£1.00 per week (maximum)

(This note is not part of the Order)

This Order further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the principal Order”) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces during the 1914 World War and after 2nd September 1939.

Article 2 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order.

Article 3 enables the Secretary of State to take account of any community charge paid by a widow, or by an unmarried dependant who ived as a spouse, in determining whether to pay a weekly rent allowance to the pensioner.

Article 4(1) and (2) substitutes tables in the Schedule in the principal Order threby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Article 5 adds to the definition of “public funds” a reference to moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987.