The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”) which makes provision for pensions and other awards in respect of disablement or death due to service before 6th April 2005 in the naval, military and air forces.

Article 2 gives effect to the amendments in Schedule 1 and makes commencement provisions. The amendments in Part 1 of Schedule 1 come into force on 7th April 2008, and Part 2 of Schedule 1 comes into force on the day that section 1 of the Welfare Reform Act 2007 comes into force.

Paragraphs 1, 3, 4, 5, 6 and 9 of Part 1 of Schedule 1 correct errors in the principal Order which arose during the process of consolidating a number of earlier instruments into the principal Order.

Paragraph 2 of Schedule 1 varies the rate of supplementary pension payable to an entitled surviving spouse or surviving civil partner of a member whose service terminated before 31st March 1973.

Paragraphs 7 and 8 of Part 1 of Schedule 1 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.

Part 2 of Schedule 1 inserts references to the Welfare Reform Act 2007. The Act makes provision for employment and support allowance which will replace incapacity benefit and income support for new claimants.

Paragraphs 10 and 11 amend article 10 and disqualify a pensioner in receipt of employment and support contributory allowance from receiving severe disablement occupational allowance

Paragraph 12 amends article 50, and provides that the Secretary of State may take into account income from employment and support income-related allowance when calculating any arrears of pension. Paragraph 13 amends article 56 and provides that the Secretary of State may take into account income from employment and support allowance when abating arrears of pension.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.