The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991
S.I. 1991/766 · Made 20 March 1991
PENSIONS
Made 20th March 1991
Laid before Parliament 3rd April 1991
Coming into force 8th April 1991
At the Court at Buckingham Palace, the 20th day of March 1991
Present,
The Queen’s most Excellent Majesty in Council
NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Annotations to the whole text
Footnotes
Contents
- 1Citation, commencement and interpretation
- 2Amendment of article 18 of the principal Order
- 3Amendment of Schedules to the principal Order
- 4Amendment of article 26A of the principal Order
- Signature
- Schedule 1TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER
- Schedule 2TABLE TO BE SUBSTITUTED FOR TABLE 3 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER
- Schedule 3TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
- Schedule 4TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
- Schedule 5PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1 TO THE PRINCIPAL ORDER
- Schedule 6TABLE TO BE SUBSTITUTED FOR TABLE 1A OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER
- Schedule 7TABLE TO BE SUBSTITUTED FOR TABLE 5 OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER
- Schedule 8PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2 TO THE PRINCIPAL ORDER
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991 and shall come into force on the 8th April 1991.
In this Order, the expression “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
2Amendment of article 18 of the principal Order
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,820” there shall be substituted the amount “£2,028”.
3Amendment of Schedules to the principal Order
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)–
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 to this Order;
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order;
for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)–
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 to this Order;
for the amount “£3,178” in the second column of Table 1B of Part II there shall be substituted the amount “£3,525”;
for the amounts “£60.95” and “£14.07” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£67.60” and “£15.60”;
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 to this Order;
for Part III there shall be substituted the Part set out in Schedule 8 to this Order.
4Amendment of article 26A of the principal Order
For sub-paragraph (a) of paragraph (1) of article 26Af1there shall be substituted the following sub-paragraph–
“(a)disablement as a result of the amputation of both legs, at levels which are either through or above the ankle; or”
Signature
G. I. de Deney
Clerk of the Privy Council
Schedule 1TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER
“TABLE 1
YEARLY RATES OF–
ARETIRED PAY AND PENSIONS FOR DISABLED OFFICERS AND NURSES FOR ALL RANKS IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE.
BDISABLEMENT ADDITION ON A PENSION BASIS (ARTICLE 43(3)(A)) FOR ALL RANKS IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE AND GROUPS 2 AND 3 OF PART 1 OF SCHEDULE 2.
Degree of Disability Yearly rate Per cent. £ 100 4,462 90 4,016 80 3,570 70 3,123 60 2,677 50 2,231 40 1,785 30 1,339 20 892 ”
Schedule 2TABLE TO BE SUBSTITUTED FOR TABLE 3 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER
“
TABLE 3
WEEKLY RATES OF PENSION FOR DISABLED OTHER RANKS GROUPS 10-15
Degree of Disability Weekly rate Per Cent. £ 100 84.90 90 76.41 80 67.92 70 59.43 60 50.94 50 42.45 40 33.96 30 25.47 20 16.98 ”
Schedule 3TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
“
TABLE 1
GRATUITIES PAYABLE FOR SPECIDFIED MINOR INJURIES
Description of Injury Assessments Groups Groups 1-9 10-15 Per cent £ £ For the loss of:
AFINGERS–
Index Finger—
More than 2 phalanges, including loss of whole finger
14 4,290 4,260
More than 1 phalanx, but not more than 2 phalanges
11 3,434 3,409
1 phalanx or part thereof
9 2,860 2,840
Guillotine amputation of tip without loss of bone
5 1,712 1,702
Middle Finger–
More than 2 phalanges, including loss of whole finger
12 3,716 3,691
More than 1 phalanx, but not more than 2 phalanges
9 2,860 2,840
1 phalanx or part thereof
7 2,286 2,271
Guillotine amputation of tip without loss of bone
4 1,430 1,420
Ring or little finger–
More than 2 phalanges, including loss of whole finger
7 2,286 2,271
More than 1 phalanx, but not more than 2 phalanges
6 2,004 1,989
1 phalanx or part thereof
5 1,712 1,702
Guillotine amputation of tip without loss of bone
2 856 851 BTOES–
Great toe–
through metatarso-phalangeal joint part,
14 4,290 4,260
with some loss of bone
3 1,138 1,133
1 other toe–
through metatarso-phalangeal joint part,
3 1,138 1,133
with some loss of bone
1 574 569
2 toes, excluding great toe–
through metatarso-phalangeal joint part,
5 1,712 1,702
with some loss of bone
2 856 851
3 toes, excluding great toe–
through metatarso-phalangeal joint part,
6 2,004 1,989
with some loss of bone
3 1,138 1,133
4 toes, excluding great toe–
through metatarso-phalangeal joint part,
9 2,860 2,840
with some loss of bone
3 1,138 1,133 ”
Schedule 4TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
“
TABLE 2
GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT. NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1.
Estimated duration of the disablement within the degree referred to Group Temporary less than a year Temporary more than a year Indeterminate Per cent. Per cent. Percent. 1-5 6-14 15-19 1-5 6-14 15-19 1-5 6-14 15-19 £ £ £ £ £ £ £ £ £ 1 247 549 959 492 1094 1915 1478 3285 5749 3 245 544 952 488 1085 1899 1466 3258 5702 4 243 540 944 484 1076 1883 1454 3231 5655 5 241 537 938 482 1070 1873 1446 3213 5623 6 240 534 933 479 1064 1862 1438 3195 5592 7, 8 238 529 925 475 1055 1846 1426 3168 5545 9 236 525 917 471 1046 1831 1414 3141 5497 10 237 526 919 473 1049 1835 1413 3139 5489 11 237 525 918 472 1048 1832 1411 3134 5480 12 236 525 916 471 1046 1829 1409 3129 5471 13 236 524 915 471 1044 1826 1407 3124 5463 14 235 523 913 470 1043 1823 1404 3119 5454 15 235 522 912 469 1041 1820 1402 3114 5445 ”
Schedule 5PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1 TO THE PRINCIPAL ORDER
“PART IV
RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT
Rate Description of Allowance Groups 1-9 Groups 10-15 1Education allowance under article 13
£120 per annum (maximum) £120 per annum (maximum) 2Constant attendance allowance–
(a)under article 14(1)(b)
£3546 per annum (maximum) £68.00 per week (maximum) (b)under article 14(1)(a)
£1773 per annum (maximum) £34.00 per week (maximum) 3Exceptionally severe disablement allowance under article 15
£1773 per annum £34.00 per week 4Severe disablement occupational allowance under article 16
£886 per annum £17.00 per week 5Allowance for wear and tear of clothing–
(a)under article 17(1)(a)
£73 per annum £73 per annum (b)under article 17(1)(b) & 17(2)
£115 per annum £115 per annum 6Unemployability allowances–
(a)personal allowance under article 18(1)(a)
£2881 per annum £55.25 per week (b)additional allowances for dependants by way of–
(i)increase of allowance in respect of a wife, husband or unmarried dependant living as a spouse, under article 18(5)(b)
£1,629 per annum (maximum) £31.25 per week (maximum) (ii)allowance in respect of an adult dependant under article 18(5)(c)
£1,629 per annum (maximum) £31.25 per week (maximum) (iii)increase of allowance under article 18(5)(d)
(a)in respect of the only, elder or the eldest child of a member
£506 per annum £9.70 per week (b)in respect of each other child of a member
£558 per annum £10.70 per week (c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£558 per annum £10.70 per week 7Invalidity allowance under article 19–
(a)if–
(i)the relevant date fell before 5th July 1948; or
(ii)on the relevant date the member was under the age of 35; or
(iii)on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979
£579 per annum £11.10 per week (b)if–
(i)on the relevant date the member was under the age of 45; or
(ii)on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979
£360 per annum £6.90 per week (c)if heads (a) and (b) do not apply, and on the relevant date the member was a man under the age of 60 or a woman under the age of 55
£180 per annum £3.45 per week 8Comforts allowance–
(a)under article 20(1)(a)
£761 per annum £14.60 per week (b)under article 20(1)(b)
£381 per annum £7.30 per week 9Allowance for lowered standard of occupation under article 21–
£1771 per annum (maximum) £33.96 per week (maximum) 10Age allowance under article 22 where the degree of pensioned disablement is–
(a)40 to 50 per cent.
£313 per annum £6.00 per week (b)over 50 per cent, but not exceeding 70 per cent.
£482 per annum £9.25 per week (c)over 70 per cent, but not exceeding 90 per cent.
£691 per annum £13.25 per week (d)over 90 per cent.
£965 per annum £18.50 per week 11Treatment allowances– increase of personal allowances under article 23(3)
£965 per annum £18.50 per week 12Part-time treatment allowance under article 25
£35.30 per day (maximum) £35.30 per day (maximum) 13Mobility supplement under article 26A
£32.35 per week £32.35 per week ”
Schedule 6TABLE TO BE SUBSTITUTED FOR TABLE 1A OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER
“
TABLE 1 YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS
A. PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER
Group Rate Rate (1) (2) (3) £ £ £ 1 } } 2 } } 3 } } £3,525 4 } } 5 } } 6 } 3,525 } 7 } 8 } 1,251 9 } 1,116 10 } 983 11 } 868 ”
Schedule 7TABLE TO BE SUBSTITUTED FOR TABLE 5 OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER
“
TABLE 5
MAXIMUM YEARLY RATES OF PENSION FOR RELATIVES OF 1914 WORLD WAR OFFICERS
Group Rate (1) (2) £ 1 } 2 } 3 } 4 } 3,525 5 } 6 } 7 } 8 1,251 9 1,116 10 983 11 868 ”
Schedule 8PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2 TO THE PRINCIPAL ORDER
“PART III
RATES OF PENSIONS, OTHER THAN WIDOWS' PENSIONS AND ALLOWANCES, PAYABLE IN RESPECT OF DEATH
Rate Description of Pension or Allowance Groups 1-11 Groups 12-17 1Pension under article 30 to unmarried dependant who lived as spouse
£3,418 per annum (maximum) £65.55 per week (maximum) 2Rent allowance under article 31
£25.75 per week (maximum) £25.75 per week (maximum) 3Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse–
(a)if age 65 but under 70
£404 per annum £7.75 per week (b)if age 70 but under 80
£779 per annum £14.95 per week (c)if age 80 or over
£1158 per annum £22.20 per week 4Pension to widower under Article 34
£4135 per annum (maximum) £67.60 per week (maximum) 5Allowances in respect of children
(a)under article 35(1)–
(i)in respect of the only, elder or eldest child of a member
£712 per annum £13.65 per week (ii)in respect of each other child of a member
£764 per annum £14.65 per week (iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£764 per annum £14.65 per week (b)under article 35(3)
(i)in respect of the only, elder or eldest child of a member
£787 per annum £15.10 per week (ii)in respect of each other child of a member
£839 per annum £16.10 per week (iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£839 per annum £16.10 per week 6Pension under article 36 to a motherless or fatherless child of a member
(a)in respect of the only, elder or eldest child of a member
£787 per annum £15.10 per week (b)in respect of each other child of a member
£839 per annum £16.10 per week (c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£839 per annum £16.10 per week 7Pension or allowance under article 37(3) to or in respect of a child over the age limit
£2711 per annum (maximum) £52.00 per week (maximum) 8Education allowance under article 38
£120 per annum (maximum) £120 per annum (maximum) 9Pensions to parents–
(a)minimum rate under article 40(3)
£15 per annum £0.25 per week (b)under paragraphs (a) and (b) of article 40(3)–
(i)where there is only one eligible parent
(i)Groups 1-10 £75 per annum (maximum)
(ii)Group 11 £60 per annum (maximum)
£1.00 per week (maximum) (ii)where there is more than one eligible parent
(i)Groups 1-10 £100 per annum (maximum)
(ii)Group 11 £85 per annum (maximum)
£1.38 per week (maximum) (c)increase under article 40(3)(c)
£20 per annum (maximum) (i)where there is only one eligible parent– £0.38 per week (maximum)
(ii)where there is more than one eligible parent– £0.62 per week (maximum)
(d)under paragraph (d) of article 40(4)
– £1.00 per week (maximum) 10Pension to other dependants–
(a)under article 41(2)
£54 per annum (maximum) £1.00 per week (maximum) (b)for each juvenile dependant under article 41(3)
(i)Groups 1-10 £26 per annum (maximum)
(ii)Group 11 £20 per annum (maximum)
£0.30 per week (maximum) (c)aggregate rate under article 41(3)
(i)Groups 1-10 £75 per annum (maximum)
(ii)Group 11 £65 per annum (maximum)
£1.00 per week (maximum) ”
Explanatory note
(This note is not part of the Order)
This Order further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the principal Order”) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces during the 1914 World War and after 2nd September 1939.
Article 2 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order.
Article 3(1) and (2) substitutes tables in the Schedules in 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.
Article 4 extends the provisions in article 26A of the principal Order (mobility supplement) so as to enable a person who is receiving a pension under that Order because of a disablement to receive also a mobility supplement where he has suffered an amputation of both legs at levels which are either through or above the ankle.