The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Allowance for lowered standard of occupation

15.—(1) Except in the circumstances specified in 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 the appropriate rate specified in paragraph 8 of Part IV of Schedule 1.

(2) The circumstances referred to in paragraph (1) are that the member has submitted a new claim for an allowance under this article—

(a) on or after the date he attained the age of 65; or

(b) where the degree of disablement is assessed at less than 40 per cent.

(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.