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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991 No. 766 URL: http://www.bailii.org/uk/legis/num_reg/1991/uksi_1991766_en.html |
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Statutory Instruments
PENSIONS
Made
20th March 1991
Laid before Parliament
3rd April 1991
Coming into force
8th April 1991
At the Court at Buckingham Palace, the 20th day of March 1991
Present,
The Queen's most Excellent Majesty in Council
WHEREAS Her Majesty deems it expedient to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(1) and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(2):
NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all 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:
1.-(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991 and shall come into force on the 8th April 1991.
(2) In this Order, the expression "the principal Order" means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
2. In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount "£1,820" there shall be substituted the amount "£2,028".
3.-(1) In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)-�
(a)for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 to this Order;
(b)for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order;
(c)for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.
(2) In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)-�
(a)for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 to this Order;
(b)for the amount "£3,178" in the second column of Table 1B of Part II there shall be substituted the amount "£3,525";
(c)for the amounts "£60.95" and "£14.07" in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts "£67.60" and "£15.60";
(d)for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 to this Order;
(e)for Part III there shall be substituted the Part set out in Schedule 8 to this Order.
4. For sub-paragraph (a) of paragraph (1) of article 26A(3)there shall be substituted the following sub-paragraph-�
"(a)disablement as a result of the amputation of both legs, at levels which are either through or above the ankle; or"
G. I. de Deney
Clerk of the Privy Council
Article 3(1)(a)
YEARLY RATES OF-�
A. RETIRED PAY AND PENSIONS FOR DISABLED OFFICERS AND NURSES FOR ALL RANKS IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE.
B. DISABLEMENT ADDITION ON A PENSION BASIS (ARTICLE 43(3)(A)) FOR ALL RANKS IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE AND GROUPS 2 AND 3 OF PART 1 OF SCHEDULE 2.
| Degree of Disability | Yearly rate |
|---|---|
| Per cent. | £ |
| 100 | 4,462 |
| 90 | 4,016 |
| 80 | 3,570 |
| 70 | 3,123 |
| 60 | 2,677 |
| 50 | 2,231 |
| 40 | 1,785 |
| 30 | 1,339 |
| 20 | 892" |
Article 3(1)(a)
| Degree of Disability | Weekly rate |
|---|---|
| Per Cent. | £ |
| 100 | 84.90 |
| 90 | 76.41 |
| 80 | 67.92 |
| 70 | 59.43 |
| 60 | 50.94 |
| 50 | 42.45 |
| 40 | 33.96 |
| 30 | 25.47 |
| 20 | 16.98" |
Article 3(1)(b)
| Description of Injury | Assessments | Groups | Groups |
|---|---|---|---|
| 1-9 | 10-15 | ||
| Per cent | £ | £ | |
For the loss of: A. FINGERS-�
| 14 | 4,290 | 4,260 |
| 11 | 3,434 | 3,409 |
| 9 | 2,860 | 2,840 |
| 5 | 1,712 | 1,702 |
| 12 | 3,716 | 3,691 |
| 9 | 2,860 | 2,840 |
| 7 | 2,286 | 2,271 |
| 4 | 1,430 | 1,420 |
| 7 | 2,286 | 2,271 |
| 6 | 2,004 | 1,989 |
| 5 | 1,712 | 1,702 |
| 2 | 856 | 851 |
B. TOES-�
| 14 | 4,290 | 4,260 |
| 3 | 1,138 | 1,133 |
| 3 | 1,138 | 1,133 |
| 1 | 574 | 569 |
| 5 | 1,712 | 1,702 |
| 2 | 856 | 851 |
| 6 | 2,004 | 1,989 |
| 3 | 1,138 | 1,133 |
| 9 | 2,860 | 2,840 |
| 3 | 1,138 | 1,133" |
Article 3(1)(b)
| Estimated duration of the disablement within the degree referred to | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Group | Temporary less than a year | Temporary more than a year | Indeterminate | ||||||
| Per cent. | Per cent. | Percent. | |||||||
| 1-5 | 6-14 | 15-19 | 1-5 | 6-14 | 15-19 | 1-5 | 6-14 | 15-19 | |
| £ | £ | £ | £ | £ | £ | £ | £ | £ | |
| 1 | 247 | 549 | 959 | 492 | 1094 | 1915 | 1478 | 3285 | 5749 |
| 3 | 245 | 544 | 952 | 488 | 1085 | 1899 | 1466 | 3258 | 5702 |
| 4 | 243 | 540 | 944 | 484 | 1076 | 1883 | 1454 | 3231 | 5655 |
| 5 | 241 | 537 | 938 | 482 | 1070 | 1873 | 1446 | 3213 | 5623 |
| 6 | 240 | 534 | 933 | 479 | 1064 | 1862 | 1438 | 3195 | 5592 |
| 7, 8 | 238 | 529 | 925 | 475 | 1055 | 1846 | 1426 | 3168 | 5545 |
| 9 | 236 | 525 | 917 | 471 | 1046 | 1831 | 1414 | 3141 | 5497 |
| 10 | 237 | 526 | 919 | 473 | 1049 | 1835 | 1413 | 3139 | 5489 |
| 11 | 237 | 525 | 918 | 472 | 1048 | 1832 | 1411 | 3134 | 5480 |
| 12 | 236 | 525 | 916 | 471 | 1046 | 1829 | 1409 | 3129 | 5471 |
| 13 | 236 | 524 | 915 | 471 | 1044 | 1826 | 1407 | 3124 | 5463 |
| 14 | 235 | 523 | 913 | 470 | 1043 | 1823 | 1404 | 3119 | 5454 |
| 15 | 235 | 522 | 912 | 469 | 1041 | 1820 | 1402 | 3114 | 5445" |
Article 3(1)(c)
| Rate | ||
|---|---|---|
| Description of Allowance | Groups 1-9 | Groups 10-15 |
1. Education allowance under article 13 | £120 per annum (maximum) | £120 per annum (maximum) |
2. Constant attendance allowance-� (a)under article 14(1)(b) | £3546 per annum (maximum) | £68.00 per week (maximum) |
(b)under article 14(1)(a) | £1773 per annum (maximum) | £34.00 per week (maximum) |
3. Exceptionally severe disablement allowance under article 15 | £1773 per annum | £34.00 per week |
4. Severe disablement occupational allowance under article 16 | £886 per annum | £17.00 per week |
5. Allowance for wear and tear of clothing-� (a)under article 17(1)(a) | £73 per annum | £73 per annum |
(b)under article 17(1)(b) & 17(2) | £115 per annum | £115 per annum |
6. Unemployability allowances-� (a)personal allowance under article 18(1)(a) | £2881 per annum | £55.25 per week |
(b)additional allowances for dependants by way of-� (i)increase of allowance in respect of a wife, husband or unmarried dependant living as a spouse, under article 18(5)(b) | £1,629 per annum (maximum) | £31.25 per week (maximum) |
(ii)allowance in respect of an adult dependant under article 18(5)(c) | £1,629 per annum (maximum) | £31.25 per week (maximum) |
(iii)increase of allowance under article 18(5)(d) (a)in respect of the only, elder or the eldest child of a member | £506 per annum | £9.70 per week |
(b)in respect of each other child of a member | £558 per annum | £10.70 per week |
(c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £558 per annum | £10.70 per week |
7. Invalidity allowance under article 19-� (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 | £579 per annum | £11.10 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 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 | £360 per annum | £6.90 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 | £180 per annum | £3.45 per week |
8. Comforts allowance-� (a)under article 20(1)(a) | £761 per annum | £14.60 per week |
(b)under article 20(1)(b) | £381 per annum | £7.30 per week |
9. Allowance for lowered standard of occupation under article 21-� | £1771 per annum (maximum) | £33.96 per week (maximum) |
10. Age allowance under article 22 where the degree of pensioned disablement is-� (a)40 to 50 per cent. | £313 per annum | £6.00 per week |
(b)over 50 per cent, but not exceeding 70 per cent. | £482 per annum | £9.25 per week |
(c)over 70 per cent, but not exceeding 90 per cent. | £691 per annum | £13.25 per week |
(d)over 90 per cent. | £965 per annum | £18.50 per week |
11. Treatment allowances-� increase of personal allowances under article 23(3) | £965 per annum | £18.50 per week |
12. Part-time treatment allowance under article 25 | £35.30 per day (maximum) | £35.30 per day (maximum) |
13. Mobility supplement under article 26A | £32.35 per week | £32.35 per week" |
Article 3(2)(a)
| Group | Rate | Rate |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | £ |
| 1 } | } | |
| 2 } | } | |
| 3 } | } | £3,525 |
| 4 } | } | |
| 5 } | } | |
| 6 } | 3,525 } | |
| 7 } | ||
| 8 } | 1,251 | |
| 9 } | 1,116 | |
| 10 } | 983 | |
| 11 } | 868" |
Article 3(2)(d)
| Group | Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 } | |
| 2 } | |
| 3 } | |
| 4 } | 3,525 |
| 5 } | |
| 6 } | |
| 7 } | |
| 8 | 1,251 |
| 9 | 1,116 |
| 10 | 983 |
| 11 | 868" |
Article 3(2)(e)
| Rate | ||
|---|---|---|
| Description of Pension or Allowance | Groups 1-11 | Groups 12-17 |
1. Pension under article 30 to unmarried dependant who lived as spouse | £3,418 per annum (maximum) | £65.55 per week (maximum) |
2. Rent allowance under article 31 | £25.75 per week (maximum) | £25.75 per week (maximum) |
3. Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse-� (a)if age 65 but under 70 | £404 per annum | £7.75 per week |
(b)if age 70 but under 80 | £779 per annum | £14.95 per week |
(c)if age 80 or over | £1158 per annum | £22.20 per week |
4. Pension to widower under Article 34 | £4135 per annum (maximum) | £67.60 per week (maximum) |
5. Allowances in respect of children (a)under article 35(1)-� (i)in respect of the only, elder or eldest child of a member | £712 per annum | £13.65 per week |
(ii)in respect of each other child of a member | £764 per annum | £14.65 per week |
(iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £764 per annum | £14.65 per week |
(b)under article 35(3) (i)in respect of the only, elder or eldest child of a member | £787 per annum | £15.10 per week |
(ii)in respect of each other child of a member | £839 per annum | £16.10 per week |
(iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £839 per annum | £16.10 per week |
6. Pension under article 36 to a motherless or fatherless child of a member (a)in respect of the only, elder or eldest child of a member | £787 per annum | £15.10 per week |
(b)in respect of each other child of a member | £839 per annum | £16.10 per week |
(c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £839 per annum | £16.10 per week |
7. Pension or allowance under article 37(3) to or in respect of a child over the age limit | £2711 per annum (maximum) | £52.00 per week (maximum) |
8. Education allowance under article 38 | £120 per annum (maximum) | £120 per annum (maximum) |
9. Pensions to parents-� (a)minimum rate under article 40(3) | £15 per annum | £0.25 per week |
(b)under paragraphs (a) and (b) of article 40(3)-� (i)where there is only one eligible parent | (i)Groups 1-10 £75 per annum (maximum) (ii)Group 11 £60 per annum (maximum) | £1.00 per week (maximum) |
(ii)where there is more than one eligible parent | (i)Groups 1-10 £100 per annum (maximum) (ii)Group 11 £85 per annum (maximum) | £1.38 per week (maximum) |
(c)increase under article 40(3)(c) | £20 per annum (maximum) | (i)where there is only one eligible parent-� £0.38 per week (maximum) (ii)where there is more than one eligible parent-� £0.62 per week (maximum) |
(d)under paragraph (d) of article 40(4) | -� | £1.00 per week (maximum) |
10. Pension to other dependants-� (a)under article 41(2) | £54 per annum (maximum) | £1.00 per week (maximum) |
(b)for each juvenile dependant under article 41(3) | (i)Groups 1-10 £26 per annum (maximum) (ii)Group 11 £20 per annum (maximum) | £0.30 per week (maximum) |
(c)aggregate rate under article 41(3) | (i)Groups 1-10 £75 per annum (maximum) (ii)Group 11 £65 per annum (maximum) | £1.00 per week (maximum)" |
(This note is not part of the Order)
This Order further 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 during the 1914 World War and after 2nd September 1939.
Article 2 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order.
Article 3(1) and (2) substitutes tables in the Schedules in 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.
Article 4 extends the provisions in article 26A of the principal Order (mobility supplement) so as to enable a person who is receiving a pension under that Order because of a disablement to receive also a mobility supplement where he has suffered an amputation of both legs at levels which are either through or above the ankle.
