uksi/2023/163 — The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

This Statutory Instrument has been in part in consequence of a defect in S.I. 2012/359 , S.I. 2013/241 , S.I. 2014/505 , S.I. 2015/208 , S.I. 2017/161 , S.I. 2018/176 , S.I. 2019/186 , S.I. 2020/150 , S.I. 2021/142 and S.I. 2022/147 and is being issued free of charge to all known recipients of those Statutory Instruments. 2023 No. 163 Pensions The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023 Made 15th February 2023 Laid before Parliament 22nd February 2023 Coming into force 10th April 2023 At the Court at Buckingham Palace, the 15th day of February 2023 Present, The King’s Most Excellent Majesty in Council His Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 . ACCORDINGLY, His Majesty, in exercise of the powers conferred upon Him by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977 and of all other powers enabling Him to do so, is pleased, by and with the advice of His Privy Council, to order as follows: Citation and commencement 1 This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023 and comes into force on 10th April 2023. Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 2 The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“ the principal Order ”) is amended as follows. Amendment of Schedule 1 (disablement due to service in the armed forces) 3 In Schedule 1 to the principal Order— a for the table in Part 2 substitute the table in Schedule 1 to this Order; b for tables 1 and 2 in Part 3 substitute tables 1 and 2 in Schedule 2 to this Order; and c for the table in Part 4 substitute the table in Schedule 3 to this Order. Amendment of Schedule 2 (death due to service in the armed forces) 4 In Schedule 2 to the principal Order— a for tables 1, 2, 3, 4, 5, 6 and 7 in Part 2 substitute tables 1, 2, 3, 4, 5, 6 and 7 in Schedule 4 to this Order; and b for the table in Part 3 substitute the table in Schedule 5 to this Order. Amendment of Schedule 6 (interpretation) 5 In Part 2 of Schedule 6 to the principal Order, in item 58A of the table, for “within 6 months” substitute “within 12 months” . Richard Tilbrook Clerk of the Privy Council SCHEDULE 1 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER Article 3(a) 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 Disablement Weekly Rate Yearly Rate Per Cent £ £ 100 220.20 11,490 90 198.18 10,341 80 176.16 9,192 70 154.14 8,043 60 132.12 6,894 50 110.10 5,745 40 88.08 4,596 30 66.06 3,447 20 44.04 2,298 SCHEDULE 2 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER Article 3(b) Table 1 GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES Description of Injury Assessments Groups 1-15 For the loss of Per Cent £ A. FINGERS Index finger— More than 2 phalanges including the loss of whole finger 14 10,474 More than 1 phalanx but not more than 2 phalanges 11 8,380 1 phalanx or part thereof 9 6,981 Guillotine amputation of tip without loss of bone 5 4,177 Middle finger— More than 2 phalanges including the loss of whole finger 12 9,072 More than 1 phalanx but not more than 2 phalanges 9 6,981 1 phalanx or part thereof 7 5,582 Guillotine amputation of tip without loss of bone 4 3,487 Ring or little finger— More than 2 phalanges including the loss of whole finger 7 5,582 More than 1 phalanx but not more than 2 phalanges 6 4,894 1 phalanx or part thereof 5 4,177 Guillotine amputation of tip without loss of bone 2 2,092 B. TOES Great toe— Through metatarso-phalangeal joint 14 10,474 Part, with some loss of bone 3 2,784 1 other toe— Through metatarso-phalangeal joint 3 2,784 Part, with some loss of bone 1 1,403 2 toes, excluding great toe— Through metatarso-phalangeal joint 5 4,177 Part, with some loss of bone 2 2,092 3 toes, excluding great toe— Through metatarso-phalangeal joint 6 4,894 Part, with some loss of bone 3 2,784 4 toes, excluding great toe— Through metatarso-phalangeal joint 9 6,981 Part, with some loss of bone 3 2,784 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 Assessment of degree of disablement Groups 1-15 1 to 5 per cent 6 to 14 per cent 15 to 19 per cent £3,502 £7,786 £13,618 SCHEDULE 3 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER Article 3(c) Table RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS Description of allowance Rate Groups 1-9 Groups 10-15 (*) maximum amount payable. (a) 1992 c. 4 . 1. Constant attendance allowance (a) under article 8— (i) the part day rate of constant attendance allowance under paragraph (2) £2,168 per annum £41.55 per week (ii) the full day rate of constant attendance allowance under paragraph (3) £4,336 per annum £83.10 per week (iii) the intermediate rate of constant attendance allowance under paragraph (4) £6,504 per annum £124.65 per week (iv) the exceptional rate of constant attendance allowance under paragraph (5) £8,672 per annum £166.20 per week (b) under article 71(4)— (i) the rate under paragraph (4)(a) £4,336 per annum £83.10 per week (ii) the rate under paragraph (4)(b) £8,672 per annum £166.20 per week 2. Exceptionally severe disablement allowance under article 9 £4,336 per annum £83.10 per week 3. Severe disablement occupational allowance under article 10 £2,168 per annum £41.55 per week 4. Allowance for wear and tear of clothing under article 11 £284 per annum £284 per annum 5. Unemployability allowances— (a) Personal allowance under article 12(1)(a) £7,102 per annum £136.10 per week (b) Additional allowances for dependants by way of— (i) increase of allowance in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a) £3,947 per annum £75.65 per week (ii) increase of allowance under article 12(6)(b)— (aa) in respect of the only, elder or eldest child of a member £918 per annum £17.60 per week (bb) in respect of each other child of a member £1,078 per annum £20.65 per week (cc) where the child does not qualify 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 £1,078 per annum £20.65 per week For decisions made on or after 9th April 2001 (c) the annual earnings figure for the purposes of article 12(4) is £8,684 (d) the weekly income figure for the purposes of article 12(6)(a)(i) is £84.80 6. Invalidity allowance under article 13— (a) If— (i) the relevant date fell before 5th July 1948; (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 £1,404 per annum £26.90 per week (b) if head (a) does not apply and— (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 £918 per annum £17.60 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 £459 per annum £8.80 per week 7. Comforts allowance— (a) under article 14(1)(a) £1,868 per annum £35.80 per week (b) under article 14(1)(b) £934 per annum £17.90 per week 8. Allowance for lowered standard of occupation under article 15 £4,333 per annum £83.04 per week 9. Age allowance under article 16 where the degree of pensioned disablement is— (a) 40 to 50 per cent £767 per annum £14.70 per week (b) over 50 per cent, but not exceeding 70 per cent £1,184 per annum £22.70 per week (c) over 70 per cent, but not exceeding 90 per cent £1,683 per annum £32.25 per week (d) over 90 per cent £2,369 per annum £45.40 per week 10. Part-time treatment allowance under article 19 £101.05 per day £101.05 per day 11. Mobility supplement under article 20 £4,135 per annum £79.25 per week SCHEDULE 4 TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER Article 4(a) 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 Group Yearly Rate (1) (2) £ 1 10,061 2 9,704 3 9,474 4 9,268 5 9,182 6 8,997 7 8,948 8 8,883 9 8,851 10 8,812 11 8,760 Table 2 WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN Group Weekly Rate (1) (2) £ 12-17 167.00 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 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 Group Yearly Rate (1) (2) £ 1 10,287 2 9,834 3 9,608 4 9,378 5 9,203 6 9,018 7 8,967 8 8,883 9 8,851 10 8,812 11 8,760 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 Group Yearly Rate (1) (2) £ 1 10,061 2 9,704 3 9,474 4 9,268 5 9,182 6 8,997 7 8,948 8 3,085 9 2,748 10 2,420 11 2,138 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 Group Weekly Rate (1) (2) £ 12-17 40.01 Table 6 YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973 Group Yearly Rate (1) (2) £ 1-11 5,830.59 Table 7 WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973 Group Weekly Rate (1) (2) £ 12-17 111.74 SCHEDULE 5 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER Article 4(b) Table RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH Description of Pension or Allowance Rates Groups 1-11 Groups 12-17 (*) maximum amount payable. 1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner £8,591 per annum £164.65 per week 2. Rent allowance under article 25 £3,280 per annum £62.85 per week 3. Elderly persons allowance under article 26— (a) if aged 65 or over but under 70 £994 per annum £19.05 per week (b) if aged 70 or over but under 80 £1,910 per annum £36.60 per week (c) if aged 80 or over £2,836 per annum £54.35 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 £1,367 per annum £26.20 per week (ii) in respect of each other child of a member £1,524 per annum £29.20 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 the Isle of Man corresponding to that Act £1,524 per annum £29.20 per week (b) under article 28(2)(b) (i) in respect of the only, elder or eldest child of a member £1,565 per annum £30.00 per week (ii) in respect of each other child of a member £1,712 per annum £32.80 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 the Isle of Man corresponding to that Act £1,712 per annum £32.80 per week 5. Pension under article 29 to a child of a member 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 £1,565 per annum £30.00 per week (b) in respect of each other child of a member £1,712 per annum £32.80 per week (c) 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 the Isle of Man corresponding to that Act £1,712 per annum £32.80 per week 6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit £6,700 per annum £128.40 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 before 6th April 2005 in the naval, military and air forces. The principal Order contains the scheme which provides the pensions and other awards. The Tables in Schedules 1 to 5 to this Order replace tables in Schedules 1 and 2 to the principal Order, in order to adjust the rates prescribed for retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces. A minor amendment to the heading of the table in Part 2 of Schedule 2 to the principal Order corrects an error in the time period to which the table applies which was introduced by S.I. 2012/359 . Article 5 amends the definition of “terminal illness” such that a person is terminally ill where their death, as a result of a progressive disease, can reasonably be expected within 12 months, as opposed to 6 months prior to the amendment. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.