Article 2 Interpretation

“the AFCS 2005” means the Scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M1;

• “the AFPS 1975” means the occupational pension scheme arrangements set out in—

  1. (a)

     the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 16th December 2010 M2;

  2. (b)

     the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 made on 15th December 2010 M3;

  3. (c)

     the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 15th December 2010 M4;

• “the AFPS 2005” means the Scheme established in the Armed Forces Pension Scheme Order 2005 M5;

• F1“the AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014;

• “accredited medical specialist” means a medical practitioner whose name is included in the specialist register kept and published by the General Medical Council as required by section 34D of the Medical Act 1983 M6;

• “acting rank” means a rank where a member of the forces is appointed to a post above the member's substantive rank, and is paid at the rate appropriate to the higher rank;

• “additional benefit” means a benefit specified in article 75(2) and (3);

• “additional lump sum” means a benefit previously awarded under article 15C M7 of the AFCS 2005;

• “additional multiple injury lump sum” means a benefit previously awarded under article 15B M8 of the AFCS 2005;

• “appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943 M9;

• F2“armed forces independence payment” is the benefit referred to in article 24A;

• “benefit” means a benefit payable under this Order;

• “bereavement grant” means the grant referred to in article 29(1)(b);

• “body zone” is to be construed in accordance with article 20;

• “child's payment” means the payment referred to in article 29(1)(c) and determined in accordance with article 36;

• “claimant” means a person who has claimed benefit, a person to whom benefit has been paid and a person affected by any decision of the Secretary of State made under this Order;

• “claim form” means the form referred to in article 44(b);

• “a Commissioner” means a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943 M10;

• F3“constant attendance allowance” means a constant attendance allowance under article 8 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

• “death benefit” means a benefit referred to in article 29;

• “descriptor” means a description of an injury in column (b) of Tables 1 to 9 of the tariff, and is to be construed in accordance with article 5;

• “downgraded” means downgraded for medical reasons as a result of which the person downgraded undertakes a reduced range of duties but retains rank and pay;

• F4“EDP 2005 Order” means the Armed Forces Early Departure Payments Scheme Order 2005;

• “eligible child” has the meaning given in article 31;

• F5 “extra-costs disability benefit” means personal independence payment under the Welfare Reform Act 2012, disability living allowance or attendance allowance under the Social Security Contributions and Benefits Act 1992, F6Child Disability Payment F7given by virtue of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 F8, Adult Disability Payment given by virtue of the Disability Assistance for Working Age People (Scotland) Regulations 2022, F9Pension Age Disability Payment given by virtue of the Disability Assistance for Older People (Scotland) Regulations 2024, F10Scottish Adult Disability Living Allowance given by virtue of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, or any equivalent benefit awarded under corresponding Northern Ireland legislation or under the legislation of another country or dependent territory;

• “fast payment” means the benefit referred to in article 27;

• “final decision” means a decision referred to in article 54;

• “forces” means the armed forces and the reserve forces;

• “former member” means a former member of the forces;

• F11“the FTRS 1997” means the Full-time Reserve Service Pension Scheme 1997, the rules of which are set out in Schedules 1, 2 and 3 to the Reserve Forces (Full-time Reserve Service Pension Scheme 1997) Regulations 2010;

• F12...

• “guaranteed income payment” is the payment referred to in article 15(1)(c) and determined in accordance with article 24;

• “Gurkha Pension Scheme” means the Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949) M11;

• “ill-health pension” means a pension paid under —

  1. (a)

     rules D1 and D7 (where the ill-health condition is met) of the instruments referred to in the definition of the AFPS 1975;

  2. (b)

     rule D5 or D6 of the AFPS 2005; F13...

  3. (c)

     provisions in the F14FTRS 1997, the Gurkha Pension Scheme, the F15NRPS 2011 or the RFPS 2005 equivalent to a pension specified in sub-paragraph (a) or (b) above; F16or

  4. (d)

     F17Chapter 3 of Part 5 of the AFPS 2015;

• “illness” means a physical or mental disorder included either in the International Statistical Classification of Diseases and Related Health Problems M12 or in the Diagnostic and Statistical Manual of Mental Disorders M13;

• “injury” includes illness except in relation to determining eligibility for a fast payment in article 27(1)(a);

• “injury benefit” means a lump sum, a supplementary award and guaranteed income payment;

• “interim award” means an award under article 52(1);

• “lump sum”, except in the expressions “additional lump sum” and “additional multiple injuries lump sum”, means the sum referred to in article 15(1)(a) and determined in accordance with article 16(3);

• “medical expenses” means the expenses referred to in article 28;

• “member” member means a member of the forces;

• F18“mobility supplement” means a mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

• F19 “ Motability ” means the company set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter;

• “the NRPS 2011” means the Non Regular Permanent Staff Pension Scheme, the rules of which are set out in Schedules 1, 3 and 4 to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011;

• F20...

• “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

• “predominant” means more than 50%;

• “remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;

• “remedy member” means a member with remediable service;

• “the RFPS 2005” means the occupational pension scheme for members of the reserve forces established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;

• “service” means service as a member of the forces;

• “Service Personnel and Veterans Agency” means an office designated by the Secretary of State for the purpose of receiving and determining applications for benefit;

• “substantial and exclusive relationship” is to be construed in accordance with Schedule 1;

• “supplementary award” means an award referred to in article 15(1)(b) and determined in accordance with article 16(5) and Part 2 of Schedule 3;

• “surviving adult dependant” has the meaning given in article 30;

• “survivor's guaranteed income payment” is the payment referred to in article 29(1)(a) and determined in accordance with article 34;

• “tariff” means the tables of injuries and amounts set out in Part 1 of Schedule 3;

• “tariff level” means the level of the tariff specified in column (a) of Tables 1 to 10 of Part 1 of Schedule 3;

• “temporary award” means an award referred to in article 26.

In this Order, any reference to claiming a benefit or to a claim—

In this Order, a person is “discharged on medical grounds” if the discharge is on the grounds that the person is medically unfit to continue in service, and as a result is entitled to an ill-health pension.