Article 8 Constant attendance allowance
United Kingdom
F1Subject to paragraph (6) and article 71(4), where—
a member of the armed forces is in receipt of retired pay or a pension in respect of disablement the degree of which is not less than 80 per cent; and
it is shown to the satisfaction of the Secretary of State that constant attendance on the member is necessary on account of the disablement
the member shall be awarded an allowance in accordance with the following paragraphs of this article.
Where the necessary attendance consists of frequent or regular attendance for periods during the daytime which total not less than four and not more than eight hours per day, the rate of the allowance shall be the part day rate specified in paragraph 1(a)(i) of Part IV of Schedule 1.
Where the necessary attendance consists of—
frequent or regular attendance for periods during the daytime which total not less than eight and not more than sixteen hours per day; or
frequent or regular attendance for periods during the daytime which total less than eight hours per day and attendance on two or more occasions per night
the rate of the allowance shall be the full day rate specified in paragraph 1(a)(ii) of Part IV of Schedule 1
Where the necessary attendance consists of—
frequent or regular attendance for periods during the daytime which total not less than eight hours per day and attendance on two or more occasions per night; or
frequent or regular attendance for periods at night which total not less than eight hours and during the daytime for periods which total not less than four hours per day
the rate of the allowance shall be the intermediate rate specified in paragraph 1(a)(iii) of Part IV of Schedule 1.
Where the necessary attendance consists of continual attendance throughout the day and night, the rate of the allowance shall be the exceptional rate specified in paragraph 1(a)(iv) of Part IV of Schedule 1.
Where—
a member of the armed forces is in receipt of retired pay or pension in respect of disablement, due to one or more injuries, the degree of which is not less than 80%, and
one of those injuries is a terminal illness,
the member shall be taken to satisfy or likely to satisfy the necessary attendance specified in paragraph (4) for so much of the period for which he is terminally ill as does not fall before the date of claim, and the rate of the allowance shall be the intermediate rate specified in paragraph 1(a)(iii) of Part IV of Schedule 1.
Annotations
Textual amendments
- F1
Words in art. 8(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 3(a) (with art. 18)
- F2
Art. 8(6) added (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 3(b) (with art. 18)