Memorandum by the Department
of Social Security
1. 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
and death due to service in the naval, military and air forces.
2. Article 2 amends Article 18(2)
of the principal Order which provides that a pensioner may be
eligible for an unemployability allowance even though he is in
receipt of earnings provided that those earnings are in the opinion
of the Secretary of State unlikely to exceed a maximum figure.
The present maximum amount of earnings of £2,496
a year is increased by this amendment Order to £3,016
a year, which is in line with the proposed increase from £48.00
a week of the "therapeutic earnings limit" for beneficiaries
of Incapacity Benefit (the Social Security Benefits Uprating Regulations
3. Article 3 substitutes a new article
26 of the principal Order to clarify the application of the Secretary
discretion to defray expenses. The discretion applies to expenses
of a member of the armed forces relating to medical, surgical
or rehabilitative treatment, or adaptations or aids for disabled
living which are not provided for under other UK legislation otherwise
than on payment of a charge by that member and in so far as the
expenses wholly or mainly arise as a result of a disablement due
4. Article 4 amends Article 29(1A)
of the principal Order which provides for the payment of a supplementary
pension to a widow of a member of the Armed Forces where she is
entitled to a pension under Article 29(1) of the principal Order
and where her deceased husband's service terminated before 31st
March 1973. The present rate of £54.70
per week is increased to £56.45
per week from 12th April 1999.
5. Article 5 and the Schedules vary
from 12th April 1999 the rates of pensions and other
awards payable under the principal Order by means of substituting
new Tables for those presently contained in Schedules 1 and 2
to the principal Order.
6. This Order does not impose any
costs on business.
7. A similar amending instrument
was laid before Parliament last year: the Naval, Military and
Air Forces Etc (Disablement and Death) Service Pensions Amendment
Order 1998 (SI 1998/262). In their letter of 4th March
1998 the Committee requested a Memorandum as to whether work on
consolidation of the principal Order had begun and, if not, when
the Department expected to commence this work. The Committee's
request was prompted by the Department's
Memorandum of 29th July 1996 on SI 1996/1638 which
indicated that the Department would undertake a consolidation
as soon as circumstances and resources permitted.
8. In its second Memorandum, of 30th
March 1998, the Department informed the Committee about the joint
review with the Ministry of Defence of compensation arrangements
for service personnel whose death or injury is due to service.
That review is continuing. In the meantime the Department has,
as indicated in that Memorandum, commenced work on the consolidation.
A complete first draft has been prepared and this is now under
The Department regrets that the size
and complexity of the exercise mean that it is not possible to
give a definite indication of when the consolidation may be finalised
and placed before the Privy Council.
22 February 1999