The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006
S.I. 2006/606 · Made 8 March 2006 · Extends to United Kingdom
PENSIONS
Made 8th March 2006
Laid before Parliament 20th March 2006
Coming into force 10th April 2006
At the Court at Buckingham Palace, the 8th day of March 2006
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty deems it expedient to consolidate the provisions concerning pensions and other grants in respect of disablement and death due to service in the naval, marine, military, air forces, nursing and auxiliary forces of the Crown by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 M1:
ACCORDINGLY, Her Majesty, in exercise of sections 12(1) and 24(3) of that Act, and of all other 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
Marginal citations
- M1
Contents
- Part I: GENERAL
- 1Citation, commencement and interpretation
- 2Interpretation – further provision
- 3Rank or status
- Part II: AWARDS IN RESPECT OF DISABLEMENT
- 4Interpretation of Part II
- 5General conditions for Part II
- 6Retired pay or pension for disablement
- 7Gratuity for minor disablement
- 8Constant attendance allowance
- 9Exceptionally severe disablement allowance
- 10Severe disablement occupational allowance
- 11Clothing allowance
- 12Unemployability allowances
- 13Invalidity allowance
- 14Comforts allowance
- 15Allowance for lowered standard of occupation
- 16Age allowance
- 17Treatment allowance
- 18Abstention from work following treatment in a hospital or similar institution
- 19Part-time treatment allowance
- 20Mobility Supplement
- 21Medical expenses
- Part 2A: ENTITLEMENT OF RECIPIENTS OF DIFFUSE MESOTHELIOMA LUMP SUMS
- 21AEntitlement of recipients of diffuse mesothelioma lump sums to other awards
- Part III: AWARDS IN RESPECT OF DEATH
- 22General conditions for Part III
- 23Pensions to surviving spouses and surviving civil partners
- 24Pensions to dependants who lived as spouses or civil partners
- 25Rent allowance to surviving spouses, surviving civil partners and dependants who lived as spouses or civil partners, who have children
- 26Elderly persons allowance
- 27Temporary allowances
- 28Allowances for children under the child's age limit
- 29Pensions for orphans under the child's age limit
- 30Award for children who have attained the child's age limit
- 31Awards to or in respect of ineligible members of the families of unemployable pensioners
- 32Funeral expenses
- 33Relationships subsequent to the award of a pension
- Part IV: CLAIMS
- 34Making of claims
- 35Cases where claims are not required
- 36Withdrawal of Claims
- 37Date of claim
- Part V: ADJUDICATION
- 38Interpretation of Part V
- 39Administration of this Order
- 40Entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service
- 41Entitlement where a claim is made in respect of a disablement, or death occurs, more than 7 years after the termination of service
- 42Determination of degree of disablement
- 43Certification
- 44Review of decisions, assessments and awards
- Part VI: PAYMENT
- 45Interpretation of Part VI
- 46Commencing dates of awards
- 47Payment of Pensions
- 48Direct credit transfer
- 49Administration of pensions etc.
- 50Payment of public claims out of pensions
- Part VII: REDUCTION AND CANCELLATION OF AWARDS
- 51Interpretation of Part VII
- 52Adjustment of awards in respect of other compensation
- 53Maintenance in hospital or an institution
- 54Chelsea pensioners
- 55Children whose maintenance is otherwise provided for Repealed
- 56Abatement of awards in respect of social security benefits
- 57Forfeiture of pensions etc.
- 58Refusal of treatment
- 59Serious negligence or misconduct
- 60Failure to draw pension
- 61Suspension in individual cases – . . . an appropriate tribunal
- 62Suspension – Social Security Commissioner and Upper Tribunal
- 63Suspension in individual cases – courts
- 64Suspension in other cases
- 65Suspension – failure to comply with request or pensioner not at last known address
- 66Cancellation – failure to comply with request
- Part VIII: MISCELLANEOUS PROVISIONS
- 67Invalidity of assignments
- 68Posthumous awards
- 69Power to dispense with probate
- 70Transferred powers
- 71Revocations, general and transitory provisions
- Signature
- Schedule 1: DISABLEMENT DUE TO SERVICE IN THE ARMED FORCES
- Part I: GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS
- 1Paragraph 1
- 2Paragraph 2
- IIRATES OF RETIRED PAY, PENSIONS, GRATUITIES AND ALLOWANCES
- IIIGRATUITIES PAYABLE FOR MINOR INJURIES
- IVPart IV
- VASSESSMENT OF DISABLEMENT CAUSED BY SPECIFIED INJURIES AND OF CERTAIN OTHER DISABLEMENTS
- VIASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS
- Schedule 1A: DIFFUSE MESOTHELIOMA LUMP SUMS
- 1Interpretation
- 2Entitlement to diffuse mesothelioma lump sum
- 3Election to receive diffuse mesothelioma lump sum
- 4Period for making an election
- 5Calculation of the diffuse mesothelioma lump sum
- 6Payment of diffuse mesothelioma lump sum
- 7Circumstances in which a person may be required to repay
- Schedule 2: DEATH DUE TO SERVICE IN THE ARMED FORCES
- Part I: GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS
- 1Paragraph 1
- 2Paragraph 2
- IIRATES OF PENSIONS AND ALLOWANCES
- IIIPart III
- Schedule 3: COMMENCING DATES OF AWARDS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 4: TRANSITORY PROVISIONS
- Part I: CONTINUATION OF TRANSITORY PROVISIONS IN SCHEDULE 5 TO THE SERVICE PENSIONS ORDER 1983
- 1Interpretation of Part I
- 2Pensions for unmarried dependants of deceased disablement pensioners under a 1946 instrument
- 3Continuation of pensions for unmarried dependants of deceased pensioners under a 1946 instrument
- 4Withholding or reduction of disablement pension under a 1949 instrument
- 5Transitional provision on abolition of killed in action gratuities
- 6Assessment of specified disablement under the 1964 instruments
- Part II: CONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER
- 7Savings provisions made by the 1992 Order in respect of articles 12, 18, 23 and 53 of the Service Pensions Order 1983
- 8Savings provision made by the 1993 Order in respect of articles 13, 38, 40 and 41 of the Service Pensions Order 1983
- Part III: CONTINUATION OF TRANSITIONAL PROVISIONS IN THE 1996 ORDER
- 9Paragraph 9
- Schedule 5REVOCATIONS
- Schedule 6: INTERPRETATION
- IWARRANTS AND ORDERS
- IIGENERAL
- Explanatory note