15.—(1) [F1Subject to] paragraph (2), where a member of the armed forces is—
(a)in receipt of retired pay or a pension in respect of disablement the degree of which is less than 100 per cent; and
(b)the disablement is such as to render him incapable, and likely to remain permanently incapable, of following his regular occupation and incapable of following any other occupation with equivalent gross income which is suitable in his case taking into account his education, training and experience
he shall, subject to paragraph (3), be awarded an allowance for lowered standard of occupation at [F2a rate not exceeding] the appropriate rate specified in paragraph 8 of Part IV of Schedule 1.
[F3(2) No award of an allowance under this article shall be made where subparagraphs (a) or (b) or both apply—
(a)this subparagraph applies where a member submits a new claim (as defined in article 4(b))—
(i)on or after the date he attained the age of 65, or
(ii)where the degree of disablement is assessed at less than 40 per cent;
(b)this subparagraph applies where—
(i)a member submits a claim on or after 6th April 2009,
(ii)on the day which immediately precedes the date of claim the member or, where the member has died, the person by or in respect of whom a claim is made does not have an award of the allowance, and
(iii)the member is in receipt of—
(aa)incapacity benefit under Part II of the Social Security Contributions and Benefits Act 1992 M1 or the corresponding provisions of the Social Security Contributions and Benefits Act (Northern Ireland) 1992 M2,
(bb)employment and support allowance under Part 1 of the Welfare Reform Act 2007 M3 or the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007, [F4which includes a work-related activity component or a support component (within the meaning of the applicable Act)] F5. . .
(cc)any benefit or allowance under the law of any place outside the United Kingdom which in the opinion of the Secretary of State is analogous to incapacity benefit or employment and support allowance.][F6, [F7or]
(dd)an award of universal credit under Part 1 of the Welfare Reform Act 2012, the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations] [F8or]
[F9(ee)an award of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.]
(3) The aggregate rate of the member's retired pay or pension together with the allowance under this article shall not exceed the rate of retired pay or pension which would have been appropriate in his case if the degree of his disablement had been 100 per cent.
(4) Subject to the provisions of paragraph (5), an allowance under this article shall not be payable to a member for any period in respect of which an allowance under article 12(1)(a) or article 17 is payable to him.
(5) Where a member is in receipt of an allowance under this article he may continue to receive such allowance if he becomes eligible subsequently for an allowance under article 12(1)(a).
(6) In this article “regular occupation” means—
(a)where the member's disablement is due to service between 2nd September 1939 and 1st August 1973, the occupation which was his regular occupation before his service; or
(b)where there was no such regular occupation, or where the member's disablement is due to service after 31st July 1973, his trade or profession as a member of the armed forces on the date that he sustained the wound or injury, or was first removed from duty on account of the disease on which his award is based, or if there was no such occurrence, the date of the termination of his service.
Textual Amendments
F1Words in art. 15(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 6(a) (with art. 18)
F2Words in art. 15(1) inserted (9.4.2007) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2007 (S.I. 2007/909), arts. 1(1), 2, Sch. 1 para. 2
F3Art. 15(2) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 6(b) (with art. 18)
F4Words in art. 15(2)(b)(iii)(bb) inserted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 3
F5Word in art. 15(2)(b)(iii)(bb) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(3)
F6Art. 15(2)(b)(iii)(dd) and preceding word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(3)
F7Word in art. 15(2)(b)(iii)(cc) omitted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(3)(a)
F8Word in art. 15(2)(b)(iii)(dd) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(3)(b)
F9Art. 15(2)(b)(iii)(ee) inserted (N.I) (coming into force in accordance with reg. 1(1) of the amending S.R.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R 2016/236), regs. 1(1), 16(3)(c)
Marginal Citations