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

Making of claims

34.—(1) Subject to paragraph (4) and article 35, it shall be a condition precedent to the making of any award of any pension, allowance or supplement mentioned in paragraph (2) (including any such award which follows an earlier award or which follows a period which, had there been an award for that period, would have ended in accordance with article 33(1)) that the person making the claim shall have—

(a) completed and signed a form approved by the Secretary of State for the purpose of claiming that pension, allowance or supplement payable under this Order; and

(b) delivered that form either to an appropriate office of the Secretary of State or to an office of an authorised agent.

(2) The pensions, allowances and supplement to which paragraph (1) applies are—

(a) retired pay or a pension payable under article 6;

(b) a gratuity under article 7;

(c) a constant attendance allowance payable under article 8;

(d) a clothing allowance payable under article 11;

(e) an unemployability allowance payable under article 12;

(f) an allowance for lowered standard of occupation payable under article 15;

(g) a treatment allowance payable under article 17;

(h) an allowance where abstention from work is necessary following treatment in a hospital or similar institution under article 18;

(i) an allowance for part-time treatment under article 19;

(j) a mobility supplement payable under article 20;

(k) a surviving spouse’s or surviving civil partner’s pension payable under article 23;

(l) a pension payable to a dependant who lived as a spouse or a dependant who lived as a civil partner under article 24;

(m) a rent allowance payable to a surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner under article 25;

(n) a children’s allowance payable under article 28;

(o) a children’s allowance or an orphan’s pension payable under article 30;

(p) an award of funeral expenses under article 32.

(3) A claim for a pension for a child under article 29 or article 31 shall be made by the child’s guardian or by any other person having parental responsibility (within the meaning of the Children Act 1989(1) for the child).

(4) Subject to paragraph (5), where a claim for injury or death benefit made by or in respect of a member of the armed forces has been refused under the 2005 Order, the Secretary of State may treat the claim under that Order as a claim under this Order.

(5) Paragraph (4) shall not apply to a claim made under the 2005 Order during the claimant’s service.

(1)

1989 c. 41.