OpenLegislation

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2007

S.I. 2007/909 · Made 21 March 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 21st March 2007

Laid before Parliament 28th March 2007

Coming into force 9th April 2007

At the Court at Buckingham Palace, the 21st day of March 2007

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006f1.

ACCORDINGLY, Her Majesty, in exercise of the powers conferred upon Her by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977f2 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:—

Annotations to the whole text

Footnotes

f1

S.I. 2006/606 as amended by S.I. 2006/1455.

f2

1977 c.5, sub-section 24(3) of which was amended by the Social Security (Consequential Provisions) Act 1992 (1992 c.6), section 4 and Schedule 2, paragraph 46.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the principal Order and application
  3. Signature
  4. Schedule 1: AMENDMENTS TO THE PRINCIPAL ORDER
  5. 1Amendment to article 12 (unemployability allowance)
  6. 2Amendment to article 15 (allowance for lowered standard of occupation)
  7. 3Amendment to article 23(2) (pensions to surviving spouses and surviving civil partners)
  8. 4Amendment of Schedule 1
  9. 5Amendment of Schedule 2
  10. Schedule 2TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART II OF SCHEDULE 1
  11. Schedule 3TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 SET OUT AT PART III OF SCHEDULE 1
  12. Schedule 4TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART IV OF SCHEDULE 1
  13. Schedule 5TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 SET OUT AT PART II OF SCHEDULE 2
  14. Schedule 6TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART III OF SCHEDULE 2
  15. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions (Amendment) Order 2007 and shall come into force on 9th April 2007.

(2)

In this Order, “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is a reference to the article, Part, Table or Schedule in the principal Order which bears that number.

2Amendments to the principal Order and application

The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.

Signature

Christine Cook

Deputy Clerk of the Privy Council

1Amendment to article 12 (unemployability allowance)

In article 12(3)(e) for “52” substitute “104”.

2Amendment to article 15 (allowance for lowered standard of occupation)

In article 15(1) after the words “lowered standard of occupation at” insert the words “a rate not exceeding”.

3Amendment to article 23(2) (pensions to surviving spouses and surviving civil partners)

In article 23(2) for “£68.42” substitute “£70.88”.

4Amendment of Schedule 1

In Schedule 1 (disablement due to service in the armed forces)—

(1)

for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;

(2)

for Tables 1 and 2 in Part III there shall respectively be substituted Tables 1 and 2 set out in Schedule 3 to this Order; and

(3)

for the Table in Part IV there shall be substituted the Table set out in Schedule 4 to this Order.

5Amendment of Schedule 2

In Schedule 2 (death due to service in the armed forces)—

(1)

for Tables 1, 2, 3, 4 and 5 of Part II there shall respectively be substituted the Tables set out in Schedule 5 to this Order; and

(2)

for the Table in Part III there shall be substituted the Table set out in Schedule 6 to this Order.

Schedule 2TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART II OF SCHEDULE 1

“

Table

1

WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE

2

YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE

Degree of DisablementWeekly RateYearly Rate
Per cent££
100139.707,290
90125.736,561
80111.765,832
7097.795,103
6083.824,374
5069.853,645
4055.882,916
3041.912,187
2027.941,458

”

Schedule 3TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 SET OUT AT PART III OF SCHEDULE 1

“

Table 1

GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Description of InjuryAssessmentsGroups
1-15
For the loss of:Per cent£
A. FINGERS
Index finger—
More than 2 phalanges including loss of whole finger146,643
More than 1 phalanx but not more than 2 phalanges115,316
1 phalanx or part thereof94,428
Guillotine amputation of tip without loss of bone52,651
Middle finger—
More than 2 phalanges including loss of whole finger125,754
More than 1 phalanx but not more than 2 phalanges94,428
1 phalanx or part thereof73,540
Guillotine amputation of tip without loss of bone42,214
Ring or little finger—
More than 2 phalanges including loss of whole finger73,540
More than 1 phalanx but not more than 2 phalanges63,103
1 phalanx or part thereof52,651
Guillotine amputation of tip without loss of bone21,326
B. TOES
Great toe—
Through metatarso-phalangeal joint146,643
Part, with some loss of bone31,764
1 other toe—
Through metatarso-phalangeal joint31,764
Part, with some loss of bone1889
2 toes, excluding great toe—
Through metatarso-phalangeal joint52,651
Part, with some loss of bone21,326
3 toes, excluding great toe—
Through metatarso-phalangeal joint63,103
Part, with some loss of bone31,764
4 toes, excluding great toe—
Through metatarso-phalangeal joint94,428
Part, with some loss of bone31,764

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

Groups

1-15

Temporary less than a yearTemporary more than a yearIndeterminate
Per centPer centPer cent
1-56-1415-191-56-1415-191-56-1415-19
£££££££££
3678241,4437411,6432,8772,2214,9378,637

”

Schedule 4TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART IV OF SCHEDULE 1

“

Table

RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Description of AllowanceRate
Groups 1-9Groups 10-15
(*)

maximum

(a)

1992 c.4.
1.Constant attendance allowance under article 8—
(a) under article 8—
(i) the part day rate of constant attendance allowance under article 8(2);£1,375 per annum£26.35 per week
(ii) the full day rate of constant attendance allowance under article 8(3);£2,750 per annum£52.70 per week
(iii) the intermediate rate of constant attendance allowance under article 8(4);£4,125 per annum£79.05 per week
(iv) the exceptional rate of constant attendance allowance under article 8(5)£5,500 per annum£105.40 per week
(b) under article 71(4)—
(i) the rate under paragraph 4(a)£2,750 per annumf1£52.70 per week
(ii) the rate under paragraph 4(b)£5,550 per annum£105.40 per week
2.Exceptionally severe disablement allowance under article 9£2,750 per annum£52.70 per week
3.Severe disablement occupational allowance under article 10£1,375 per annum£26.35 per week
4.Allowance for wear and tear of clothing under article 11£180 per annum£180 per annum
5.Unemployability allowances—
(a) personal allowance under article 12(1)(a)£4,506 per annum£86.35 per week
(b) additional allowances for dependants by way of—
(i) increase of allowance in respect of a spouse, civil partner, dependant living as a spouse , dependant living as a civil partner or an adult dependant under article12(6)(b)£2,539 per annum£48.65 per week
(ii) increase of allowance under article 12(6)(b)—
(aa) in respect of the only, elder or the eldest child of a member£590 per annum£11.30 per week
(bb) in respect of each other child of a member£694 per annum£13.30 per week
(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992f2, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act£694 per annum£13.30 per week
For decisions made on or after 9th April 2001
(c) the annual earnings figure for the purposes of article 12(4) is £4,472
(d) the weekly income figure for the purposes of article 12(6)(a)(i) is £59.15
6. Invalidity allowance under article 13—
(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£892 per annum£17.10 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 a 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.£574 per annum£11.00 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£287 per annum£5.50 per week
7. Comforts allowance—
(a) under article 14(1)(a)£1,179 per annum£22.60 per week
(b) under article 14(1)(b)£590 per annum£11.30 per week
8. Allowance for lowered standard of occupation under article 15£2,749 per annum£52.68 per week
9.Age allowance under article 16 where the degree of pensioned disablement is—
(a) 40 to 50 per cent£490 per annum£9.40 per week
(b) over 50 per cent, but not exceeding 70 per cent£749 per annum£14.35 per week
(c) over 70 per cent, but not exceeding 90 per cent£1,067 per annum£20.45 per week
(d) over 90 per cent£1,498 per annum£28.70 per week
10. Part-time treatment allowance under article 19£64.10 per day£64.10 per day
11.Mobility supplement under article 20£2,625 per annum£50.30 per week

”

Schedule 5TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 SET OUT AT PART II OF SCHEDULE 2

“

Table 1

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

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

GroupYearly Rate
(1)(2)
£
16,381
26,154
36,009
45,879
55,790
65,706
75,676
85,634
95,612
105,590
115,555

Table 2

WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly Rate
(1)(2)
£
12)
13)
14)105.90
15)
16)
17)

Table 3

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921

PENSIONS AWARDED UNDER ARTICLE 7(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 7(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER

GroupYearly Rate
(1)(2)
£
16,525
26,237
36,093
45,950
55,837
65,720
75,687
85,634
95,612
105,590
115,555

Table 4

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

GroupYearly Rate
(1)(2)
£
16,381
26,154
36,009
45,879
55,790
65,706
75,676
81,957
91,744
101,534
111,357

Table 5

WEEKLY RATES OF PENSION FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly Rate
(1)(2)
£
12)
13)
14)25.37
15)
16)
17)

”

Schedule 6TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART III OF SCHEDULE 2

“

Table

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Rates
Description of Pension or AllowanceGroups 1-11Groups 12-17
(*)

maximum
1.Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner£5,403 per annumf1£103.55 per week
2.Rent allowance under article 25£2,085 per annum£39.95 per week
3.Elderly persons allowance under article 26—
(a) if aged 65 but under 70£631 per annum£12.10 per week
(b) if aged 70 but under 80£1,211 per annum£23.20 per week
(c) if aged 80 or over£1,795 per annum£34.40 per week
4.Allowances in respect of children—
(a) under article 28(2)(a)—
(i) in respect of the only, elder or eldest child of a member£869 per annum£16.65 per week
(ii) in respect of each other child of a member£971 per annum£18.60 per week
(iii) where the child does not quality for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£971 per annum£18.60 per week
(b) under article 28(2)(b)—
(i) in respect of the only, elder or eldest child of a member£989 per annum£18.95 per week
(ii) in respect of each other child of a member£1,085 per annum£20.80 per week
iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or under the Isle of Man corresponding to that Act£1,085 per annum£20.80 per week
5.Pension under article 29 to a child who has no parent living and has not attained the child’s age limit—
(a) in respect of the only, elder or eldest child of a member£989 per annum£18.95 per week
(b) in respect of each other child of a member£1,085 per annum£20.80 per week
(c) where the child does not quality for child benefit under the Social Security Contributions and Benefits Act 1992, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,085 per annum£20.80 per week
6.Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit£4,245 per annum£81.35 per week

”

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 in the naval, military and air forces.

Paragraph 1 of Schedule 1 amends article 12(3)(e) of the principal Order by increasing the period between the termination of the original payment of unemployability allowance and the making of a new claim for unemployability allowance from 52 to 104 weeks for those persons who become engaged in remunerative work which then ceases, provided they meet the other criteria set out in article 12(3)(e).

Paragraph 2 of Schedule 1 corrects an omission in the principle Order which arose during the process of consolidating a number of earlier instruments into the principle Order.

Paragraph 3 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 4 and 5 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. In addition the rates set out in paragraphs 1(b)(i) and 1(b)(ii) of the Table at Schedule 4 of this Order, which replaces the Table at Part IV of Schedule 1 of the principal Order, have been revised to correct an error which arose during the process of consolidating a number of earlier instruments into the principal Order.

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