# The War Pensions (Mercantile Marine) Scheme 1964, Article 22: Modification of awards in certain cases


(1) The rate or amount of any pension, allowance, gratuity or funeral grant which may be awarded under this Scheme or under the Naval Order as applied by this Scheme to or in respect of a person to whom this Article applies may be reduced to such extent as the Minister may consider appropriate, and (unless the Minister, having regard to any circumstances which seem to him relevant, otherwise directs in relation to a person coming within paragraph (2)( c) or (d) of this Article) shall not exceed two-thirds of the rate or amount which, but for this Article, would have been applicable.
(2) This Article applies to—
(a) any person ordinarily resident outside the United Kingdom who, for the performance of his duties in the service, employment or engagement by virtue of which his case comes within this Scheme, was receiving or due to receive remuneration which is shown to the satisfaction of the Minister to be substantially lower than the remuneration customary in the case of a person ordinarily resident in the United Kingdom who undertakes in the United Kingdom to perform similar duties;
(b) any member of the family of a person coming within subparagraph ( a) of this paragraph;
(c) any person whose country of origin is one where the standards of remuneration applicable for his employment are shown to the satisfaction of the Minister to be substantially lower than the standards of remuneration applicable in the United Kingdom for similar employment, and who is resident in that country or in some other country where the standards of remuneration applicable for his employment are shown to the satisfaction of the Minister to be substantially lower than the standards of remuneration applicable in the United Kingdom for similar employment;
(d) any member of the family of a person whose country of origin is as aforesaid, being a member of the family who is resident in the said country or in some other country such as aforesaid.
(3) Where, by virtue of any arrangements made with the Government of the United Kingdom, liability for the payment of a pension or allowance of equivalent standard to or in respect of any person is assumed by the Government of India or the Government of Pakistan any award made to or in respect of that person, as modified under the provisions of paragraphs (1) and (2) of this Article, shall thereupon cease to have effect.
(4) For the purposes of this Article, a pension or allowance of equivalent standard means a pension or allowance payable at a rate and subject to conditions not less favourable than the rate at which and the conditions subject to which a pension or allowance was payable to or in respect of a person immediately before the date from which liability for payment thereof is assumed in accordance with any arrangements referred to in paragraph (3) of this Article.

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Source: https://www.legislation.gov.uk/uksi/1964/2058/article/22 (the official version)
Page: https://openlegislation.uk/war-pensions-mercantile-marine-scheme-1964/article-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.