The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

Amendment of article 18

5.  In article 18 (unemployability allowances)—

(a) for paragraph (2) substitute—

“(2) For the purposes of this article, subject to paragraph (2A), a member may be deemed to be unemployable although in receipt of therapeutic earnings which are, in the opinion of the Secretary of State, unlikely to exceed per year the figure specified in paragraph 6(c) of Part IV of Schedule 1 and for this purpose “therapeutic earnings” means earnings from work for no more than 16 hours per week and which in the Secretary of State’s view is not detrimental to the health of the member.”;

(b) for paragraph (2A) substitute—

“(2A) Where, before 9th April 2001, a member was in receipt of therapeutic earnings as defined in this Order immediately before that date, any such earnings he receives on and after that date shall constitute therapeutic earnings for the purpose of paragraph (2) until the member ceases permanently to do the work in respect of which they are received.”;

(c) in paragraph (5)(b), for the words after “Part IV of Schedule 1” substitute—

• “if—

  (i)

  the person in respect of whom the allowance is claimed has a weekly income which does not exceed the figure specified in paragraph 6(d) of Part IV of Schedule 1; and

  (ii)

  the Secretary of State thinks fit to award the allowance, having regard to that person’s financial circumstances (including any earnings, occupational pension and social security benefits the person receives);”;

(d) omit paragraph (7); and

(e) in respect of decisions made before 9th April 2001, in paragraph (2) for “£3,042” substitute “£3,146”.