# The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005, Note: 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 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.
Paragraph 1 of Schedule 1 amends Article 3 of the principal Order to restrict awards under the principal Order to circumstances where a death or disablement is due to service before 6th April 2005. Paragraphs 3(3), 4(2) 5, 6, 7, 8 and 10 further amend the principal Order to provide that only service before 6th April 2005 will be relevant for decisions on eligibility for pensions for disablement or death, assessment of disablement or rate of pension or gratuity. Paragraphs 9 and 13 provide that only service before 6th April will be relevant for the purpose of decisions on defraying medical or funeral expenses.
Paragraph 16 of Schedule 1 inserts a reference to “the 2005 Order” (the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005) into the Glossary of Expressions. Paragraph 2 amends Article 3A to provide that claims under the 2005 Order (other than those made whilst the claimant is in service), that have been refused under the 2005 Order, may be treated as claims under the principal Order. Paragraphs 3(1) and (2) and 4(1) and (3) of Schedule 1 amend the principal Order to provide that where eligibility for benefit for an injury or illness has been determined under the 2005 Order, there can be no eligibility for that same injury or illness under the principal Order.
Paragraph 12 of Schedule 1 amends Article 42 of the principal Order by providing that awards under Articles 29 to 32 (inclusive) of the principal Order to widows, widowers or unmarried dependants living as spouses of former members who died or whose service terminated on or before the 31st March 1973 shall not cease in the event of the widow, widower or unmarried dependant living as a spouse marrying or living with another person as the spouse of that person, provided that such marriage or living with another commences on or after the 6th April 2005.
Paragraph 11 of Schedule 1 increases the amount of a widow’s or widower’s pension payable under article 29 of the principal Order.
Paragraphs 14 and 15 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.
Paragraph 17 of Schedule 1 amends Schedule 7 to the principal Order by substituting a new table, thereby varying the amounts to be deducted under article 56.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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Source: https://www.legislation.gov.uk/uksi/2005/851/note (the official version)
Page: https://openlegislation.uk/naval-military-and-air-forces-etc-disablement-and-death-service-pensions-amendment-order-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.