The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) 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.

Paragraph 1 of Schedule 1 amends article 9 of the principal Order to provide that disablement in respect of noise-induced sensorineural hearing loss is to be assessed on a final basis. The assessment is to take account only of hearing loss due to service and is not to include any hearing loss due to age or other factors arising after service. The degree of hearing loss is to be measured by audiometric tests conducted at or about the termination of service (where available). The degree of disablement referable to noise-induced sensorineural hearing loss is to be determined in accordance with paragraphs (4A) to (4E) and Table 1 of Part VI of Schedule 1 which is inserted by Schedule 6 to this Order.

Paragraph 2 of Schedule 1 increases the amount of a widow’s or widower’s pension payable under article 29 of the principal Order.

Paragraph 3 of Schedule 1 amends article 42A (funeral expenses) of the principal Order to allow funeral expenses to be paid in respect of funerals which take place on or after 12th April 2004 outside the British Islands and the Republic of Ireland. Article 42A is also amended so that a maximum of £1400 is applied to the funeral expenses which may be payable in respect of all funerals which take place on or after 12th April 2004.

Paragraphs 4 and 5 substitute Tables in Schedules 1 and 2 to the principal Order thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces,

Paragraph 6 of Schedule 1 amends Schedule 7 to the principal Order by substituting a new table, thereby varying the amounts to be deducted under article 56. Unemployability allowance will be subject to deduction under article 56 on or after 12th April 2004 after a period of 52 weeks hospitalisation rather than 13 weeks.

This Order does not impose any costs on business.