Explanatory note

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.

Article 2 amends the principal Order so that it is clear that a claim is necessary to establish entitlement to a funeral payment and to a widow’s pension under the principal Order after a period when the widow was married or had lived with another as a spouse.

Article 3, together with Part IV of Schedule 1 of the principal Order as substituted by this Order, replaces two rates of clothing allowance under article 17 of the principal Order with a single rate of allowance.

Article 4 increases the maximum amount of annual earnings which may be received by a disabled person whilst he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order. It also amends the principal Order so that, for claims dated on or after this Order comes into force, (a) an unemployability allowance under article 18 of the principal Order may not be awarded to a claimant who is aged 65 or over, or whose pensioned disablement has been assessed at less than 60 per cent; (b) an allowance for lowered standard of occupation under article 21 of the principal Order may not be awarded to a pensioner aged 65 or over whose pensioned disablement has been assessed at less than 40 per cent; and (c) a mobility supplement under article 26A of the principal Order may not be awarded to a claimant whose pensioned disablement has been assessed at less than 40 per cent.

Article 5 amends the principal Order so that the death of a member, whose degree of disability was assessed at 80 per cent and who was in receipt of an unemployability allowance under article 18 of the principal Order, is regarded as due to service for the purposes of awards under the Order in respect of death.

Article 6 increases the amount of a widow’s pension payable under article 29 of the principal Order. It also amends the principal Order so that provision is made for pensions for women who have not attained the age of 40 and who are the widows of officers who were members of the armed forces between 14th August 1914 and 30th September 1921.

Article 7 amends the principal Order so that a widow, whose pension under the principal Order ceased because she lived with a man as his wife, may claim restoration of an award after that relationship has ended. It also amends the principal Order with the effect that gratuities are not payable to widows in connection with remarriage or cohabitation.

Article 8 inserts into the principal Order provision for the Secretary of State to defray reasonable expenses in respect of the funeral of a member of the armed forces.

Article 10 substitutes 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. It also makes provision for the commencing dates of awards and adjustments to awards by substituting a new Schedule 3 to the principal Order.

Articles 9 and 11 are consequential amendments.

This Order does not impose any costs on business.