Statutory Instruments
PENSIONS
Made
7th February 1989
Laid before Parliament
15th February 1989
Coming into force
for the purposes of articles 1, 3 and 5
1st April 1989
for all other purposes
10th April 1989
At the Court at Buckingham Palace, the 7th day of February 1989
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 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:
1.-(1) This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989, shall come into force for the purposes of this article and articles 3 and 5 on 1st April 1989 and for all other purposes on 10th April 1989.
(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 "£1,404" there shall be substituted the amount "£1,482".
3. At the end of paragraph (1) of article 31 of the principal Order (Rent allowance to widows, and unmarried dependants who lived as wives, who have children) there shall be added the words "and to any community charge payable by her.".
4.-(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 hereto;
(b)for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;
(c)for Part IV there shall be substituted the Part set out in Schedule 5 hereto.
(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 hereto;
(b)for the amount "£2,789" in the second column of Table 1B of Part II there shall be substituted the amount "£2,954";
(c)for the amounts "£53.50" and "£12.35" in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts "£56.65" and "£13.08";
(d)for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;
(e)for Part III there shall be substituted the Part set out in Schedule 8 hereto.
5. In Part II of Schedule 4 to the principal Order, in column (3) of item 45 (meaning of the expression "public funds") after paragraph (c) there shall be inserted the following paragraph-“
"(cc)moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987(3); or".
G. I. de Deney
Clerk of the Privy Council
Article 4(1)(a)
Degree of Disability | Yearly rate |
---|---|
Per cent. | £ |
100 | 3747 |
90 | 3372 |
80 | 2998 |
70 | 2623 |
60 | 2248 |
50 | 1874 |
40 | 1499 |
30 | 1124 |
20 | 749 |
Article 4(1)(a)
Degree of Disability | Weekly rate |
---|---|
Per cent. | £ |
100 | 71.20 |
90 | 64.08 |
80 | 56.96 |
70 | 49.84 |
60 | 42.72 |
50 | 35.60 |
40 | 28.48 |
30 | 21.36 |
20 | 14.24 |
Article 4(1)(b)
Description of Injury | Assessments | Groups 1-“9 | Groups 10-“15 |
---|---|---|---|
For the loss of: | Per cent. | £ | £ |
A.FINGERS-“ | |||
Index Finger-“ | |||
More than 2 phalanges, including loss of whole finger | 14 | 3608 | 3578 |
More than 1 phalanx, but not more than 2 phalanges | 11 | 2888 | 2863 |
1 phalanx or part thereof | 9 | 2405 | 2385 |
Guillotine amputation of tip without loss of bone | 5 | 1439 | 1429 |
Middle Finger-“ | |||
More than 2 phalanges, including loss of whole finger | 12 | 3125 | 3100 |
More than 1 phalanx, but not more than 2 phalanges | 9 | 2405 | 2385 |
1 phalanx or part thereof | 7 | 1922 | 1907 |
Guillotine amputation of tip without loss of bone | 4 | 1203 | 1193 |
Ring or little finger-“ | |||
More than 2 phalanges, including loss of whole finger | 7 | 1922 | 1907 |
More than 1 phalanx, but not more than 2 phalanges | 6 | 1686 | 1671 |
1 phalanx or part thereof | 5 | 1439 | 1429 |
Guillotine amputation of tip without loss of bone | 2 | 720 | 715 B.TOES-“ |
Great Toe-“ | |||
through metatarso-“phalangeal joint | 14 | 3608 | 3578 |
part, with some loss of bone | 3 | 956 | 951 |
1 other toe-“ | |||
through metatarso-“phalangeal joint | 3 | 956 | 951 |
part, with some loss of bone | 1 | 483 | 478 |
2 toes, excluding great toe-“ | |||
through metatarso-“phalangeal joint | 5 | 1439 | 1429 |
part, with some loss of bone | 2 | 720 | 715 |
3 toes, excluding great toe-“ | |||
through metatarso-“phalangeal joint | 6 | 1686 | 1671 |
part, with some loss of bone | 3 | 956 | 951 |
4 toes, excluding great toe-“ | |||
through metatarso-“phalangeal joint | 9 | 2405 | 2385 |
part, with some loss of bone | 3 | 956 | 951 |
Article 4(1)(b)
Group | Estimated duration of the disablement within the degree referred to | ||||||||
---|---|---|---|---|---|---|---|---|---|
Temporary less than a year | |||||||||
Per cent. | |||||||||
1-“5 | 6-“14 | 15-“19 | Temporary more than a year | ||||||
Per cent. | |||||||||
1-“5 | 6-“14 | 15-“19 | Indeterminate | ||||||
Per cent. | |||||||||
1-“5 | 6-“14 | 15-“19 | |||||||
£ | £ | £ | £ | £ | £ | £ | £ | £ | |
1 | 209 | 465 | 813 | 417 | 927 | 1624 | 1253 | 2785 | 4873 |
3 | 207 | 460 | 806 | 413 | 918 | 1608 | 1241 | 2758 | 4826 |
4 | 205 | 456 | 798 | 409 | 909 | 1592 | 1229 | 2731 | 4779 |
5 | 203 | 453 | 792 | 407 | 903 | 1582 | 1221 | 2713 | 4747 |
6 | 202 | 450 | 787 | 404 | 897 | 1571 | 1213 | 2695 | 4716 |
7, 8 | 200 | 445 | 779 | 400 | 888 | 1555 | 1201 | 2668 | 4669 |
9 | 198 | 441 | 771 | 396 | 879 | 1540 | 1189 | 2641 | 4621 |
10 | 199 | 442 | 773 | 398 | 882 | 1544 | 1188 | 2639 | 4613 |
11 | 199 | 441 | 772 | 397 | 881 | 1541 | 1186 | 2634 | 4604 |
12 | 198 | 441 | 770 | 396 | 879 | 1538 | 1184 | 2629 | 4595 |
13 | 198 | 440 | 769 | 396 | 877 | 1535 | 1182 | 2624 | 4587 |
14 | 197 | 439 | 767 | 395 | 876 | 1532 | 1179 | 2619 | 4578 |
15 | 197 | 438 | 766 | 394 | 874 | 1529 | 1177 | 2614 | 4569 |
Article 4(1)(c)
Description of Allowance | Rate | ||
---|---|---|---|
Groups 1-“9 | Groups 10-“15 | ||
1. Education allowance under article13 | £120 per annum (maximum) | £120 per annum (maximum) | |
2. Constant attendance allowance-“ | |||
(a)under article 14(1)(b) | £2972 per annum (maximum) | £57.00 per week (maximum) | |
(b)under article 14(1)(a) | £1486 per annum (maximum) | £28.50 per week (maximum) | |
3. Exceptionally severe disablement allowance under article 15 | £1486 per annum | £28.50 per week | |
4. Severe disablement occupational allowance under article 16 | £743 per annum | £14.25 per week | |
5. Allowance for wear and tear of clothing-“ | |||
(a)under article 17(1)(a) | £61 per annum | £61 per annum | |
(b)under article 17(1)(b) and 17(2) | £97 per annum | £97 per annum | |
6. Unemployability allowances-“ | |||
(a)personal allowance under article 18(1)(a) | £2414 per annum | £46.30 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) | £1366 per annum (maximum) | £26.20 per week (maximum) | |
(ii)allowance in respect of an adult dependant under article 18(5)(c) | £1366 per annum (maximum) | £26.20 per week (maximum) | |
(iii)increase of allowance in respect of each child under article 18(5)(d) | £467 per annum | £8.95 per week | |
7. Invalidity allowance under article19-“ | |||
(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 | .145.145.145.145.144.142.145.145.145.145.145.145.145.148 | £480 per annum | £9.20 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 | £302 per annum | £5.80 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 | £151 per annum | £2.90 per week | |
8. Comforts allowance-“ | |||
(a)under article 20(1)(a) | £641 per annum | £12.30 per week | |
(b)under article 20(1)(b) | £321 per annum | £6.15 per week | |
9. Allowance for lowered standard of occupation under article 21 | £1485 per annum (maximum) | £28.48 per week (maximum) | |
10. Age allowance under article 22 where the degree of pensioned disablement is-“ | |||
(a)40 to 50 per cent. | £261 per annum | £5.00 per week | |
(b)over 50 per cent., but not exceeding 70 per cent. | £404 per annum | £7.75 per week | |
(c)over 70 per cent., but not exceeding 90 per cent. | £579 per annum | £11.10 per week | |
(d)over 90 per cent. | £808 per annum | £15.50 per week | |
11. Treatment allowances-“increase of personal allowance under article 23(3) | £808 per annum (maximum) | £15.50 per week (maximum) | |
12. Part-time treatment allowance under article 25 | £29.70 per day (maximum) | £29.70 per day (maximum) | |
13. Mobility supplement under article 26A | £27.10 per week | £27.10 per week |
Article 4(2)(a)
Group | ||||
---|---|---|---|---|
(1) | ||||
Rate | ||||
(2) | ||||
Rate | ||||
(3) | ||||
£ | £ | |||
1 | ||||
2 | ||||
3 | ||||
4 | 2954 | |||
5 | ||||
6 | 2954 | |||
7 | ||||
8 | 1048 | |||
9 | 935 | |||
10 | 823 | |||
11 | 728 |
Article 4(2)(d)
Group | ||
---|---|---|
(1) | ||
Rate | ||
(2) | ||
£ | ||
1 | ||
2 | ||
3 | ||
4 | 2954 | |
5 | ||
6 | ||
7 | ||
8 | 1048 | |
9 | 935 | |
10 | 823 | |
11 | 728 |
Article 4(2)(e)
Description of Pension or Allowance | Rate | |
---|---|---|
Groups 1-“11 | Groups 12-“17 | |
1. Pension under article 30 to unmarried dependant who lived as spouse | £2847 per annum (maximum) | £54.60 per week (maximum) |
2. Rent allowance under article 31 | £21.55 per week (maximum) | £21.55 per week (maximum) |
3. Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse-“ (a)if aged 65 but under 70 | £318 per annum | £6.10 per week |
(b)if aged 70 but under 80 | £636 per annum | £12.20 per week |
(c)if aged 80 or over | £798 per annum | £15.30 per week |
4. Pension to widower under article 34 | £3564 per annum (maximum) | £56.65 per week (maximum) |
5. Allowances in respect of children-“ (a)under article 35(1) in respect of each chile | £657 per annum | £12.60 per week |
(b)under article 35(3) | £720 per annum | £13.80 per week |
6. Pension under article 36 to a motherless or fatherless child of a member | £720 per annum | £13.80 per week |
7. Pension or allowance under article 37(3) to or in respect of a child over the age limit | £2273 per annum (maximum) | £43.60 per week (maximum) |
8. Education allowance under article 38 | £120 per annum (maximum) | £120 per annum (maximum) |
9. Pension to parents-“ (a)minimum 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 &:pound;60 per annum (maximum) | £1.00 per week (maximum) |
(ii)where there is more than ne eligible parent | (i)Groups 1-“10 £100 per annum (maximum) (ii)Group 11 £85 per annum (maximum) | £1.38 per week (maximum) |
(ii) | ||
(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)Group 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 enables the Secretary of State to take account of any community charge paid by a widow, or by an unmarried dependant who ived as a spouse, in determining whether to pay a weekly rent allowance to the pensioner.
Article 4(1) and (2) substitutes tables in the Schedule in the principal Order threby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.
Article 5 adds to the definition of "public funds" a reference to moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987.