
PART I
1 
This Scheme may be cited as the War Pensions (Mercantile Marine)
Scheme 1964, and shall come into operation on 1st January 1965.
2 
In this Scheme, unless the context otherwise requires—
(1) “the Act”
means the Pensions (Navy, Army, Air Force
and Mercantile Marine) Act 1939, as amended
by the Pensions (Mercantile Marine) Act
1942:
(2) “the British Islands”
means Great Britain, Northern Ireland, the Channel Islands
and the Isle of Man:
(3) “British ship” does not include a ship forming part of Her Majesty's Navy but includes—
(a) a ship not forming
part of Her Majesty's Navy which belongs to Her Majesty or is held by any
person on behalf of or for the benefit of the Crown;
(b) in relation
to an injury sustained or detention suffered by a British subject or a British
protected person, a ship (other than a ship covered by subparagraph (a) of this definition) chartered on behalf of Her
Majesty's Government in the United Kingdom:
(4) “cable ship”
means a British ship engaged in the laying, installing
or repairing of submarine cables:
(5) “ capture” includes seizure, arrest or other restraint:
(6) “detention”,
in relation to any person, means detention which is
consequent on the capture of that person or of his ship effected by reason
of the existence of a state of war:
(7) “fishing boat”
means a British ship which is ordinarily employed in
sea fishing or in the sea fishing service:
(8) “harbour”
means any harbour, whether natural or artificial, and
any port, dock, haven, estuary, tidal or other river, canal or inland navigation
to which seagoing ships have access:
(9) “home trade cargo ship”
 means a British ship (other than a passenger
ship) employed in trading or going within the following limits, that is to
say, the British Islands, the Irish Republic and the continent of Europe between
the river Elbe and Brest inclusive, and “home trade passenger ship”
 means a British ship which is a passenger
ship and is employed in trading or going within the said limits:

(10) “lighthouse tender”
means a tender to a lighthouse belonging to any local
or general lighthouse authority within the meaning of the Merchant Shipping Act 1894:

(11) “lightship”
means a lightship belonging to a local or general lighthouse
authority within the meaning of the Merchant Shipping Act 1894:

(12) “lightship tender”
means a tender to a lightship:
(13) “mariner”,
in relation to a ship, means the master or a member
of the crew of the ship, being a person employed or engaged in sea-going service
in that ship, and not being a member of Her Majesty's naval forces or a person
employed or engaged in a ship forming part of Her Majesty's Navy or a member
of the pilotage or light vessel service:
(14) “material date”,
in relation to any claim to an award under this Scheme, means the date of the qualifying injury, or of the commencement of the
detention, on which the claim to the award is based:
(15) “member of the light vessel service”
 means a master or a member of the crew
of a lightship, a lighthouse tender or a lightship tender:
(16) “member of the Merchant Navy”
 means a person who is or has been employed
or engaged as, or for service as, a mariner in a British ship and includes
a person covered by any directions given by the Minister under Article 4(3) of this Scheme and
a person who, by virtue of Part I of Schedule 2
to this Scheme, is to be treated as having sustained a qualifying injury or
suffered detention by reason of his service as a mariner in a British ship,
but does not include—
(a) a member of the sea fishing service;
(b) a person
to whom any scheme made by the Minister under section 3(3)
of the Act applies;
(c) a person
who is employed or engaged as a member of the crew of a ship (otherwise than
as a radio officer, apprentice or cadet) for no remuneration or nominal remuneration
only:
(17) “member of the pilotage service”
 means a pilot or apprentice pilot, or
a master or a member of the crew of a pilot boat:
(18) “member of the sea fishing service”
 means a person who is or has been employed
or engaged as, or for service as, a mariner in a fishing boat, and includes
a person who, by virtue of Part I of Schedule 2
to this Scheme, is to be treated as having sustained a qualifying injury,
or suffered detention, by reason of his service as a mariner in a fishing
boat:
(19) “the Minister”
means the Minister of Pensions and National Insurance
:
(20) “the Naval Order”
means the Order in Council dated 25th September 1964
concerning pensions and other grants in respect of disablement or death due
to service in the naval forces during the 1914 World War and after 2nd September
1939, as for the time being in force, or any Order in Council substituted
therefor:
(21) “passenger ship”
means a ship in respect of which there is, at the material
date, in force—
(a) 
a passenger steamer's certificate issued under Part III of
the Merchant
Shipping Act 1894; or
(b) a certificate
which, by virtue of section 284
of that Act, has the same force as if it had been granted under that Act;
or
(c) a certificate
issued under Regulation 47BB
of the Defence
(General) Regulations 1939;
(22) “pilot”
and 
“apprentice pilot” means 
any pilot (other than a senior pilot in an Admiralty Yard craft) and any person
(whether an apprentice or not) training as a pilot, whose normal occupation
as such is carried on in or from the British Islands and is that of acting
as pilot or apprentice pilot in ships at sea or ships proceeding to or from
sea from or to ports or pilotage districts in the British Islands which are
at sea at some time while he is so acting:
(23) “pilot boat” has the meaning assigned to it by section 38 of the Pilotage Act 1913,
save that it includes any vessel which for the time being is being used in
the pilotage service of any pilotage district in the British Islands:

(24) “place” includes any point on land, in the air, or on or in the water:

(25) “port” includes any dock, harbour, pier, quay, wharf, mooring, anchorage
or other similar place:
(26) “public funds”
means moneys provided by Parliament or the Parliament
of Northern Ireland, moneys the payment whereof is a charge on the Consolidated
Fund of the United Kingdom or of Northern Ireland, moneys provided by any
general or local rate or by a fund established under or by virtue of any public,
general or local Act, and moneys payable under any enactment, ordinance, regulation
or other instrument forming part of the law of any place outside the United
Kingdom:
(27) “qualifying injury”
means a war injury or a war risk injury:

(28) “rank” includes rating:
(29) “salvage”
means the preservation or recovery of vessels wrecked,
stranded or in distress, or their cargo or apparel, or the recovery of any
other property from the water and includes the removal of wrecks,
and 
“salvage operations” and “salvage purposes” shall be construed accordingly:
(30) “salvage vessel”
means a ship regularly employed, or chartered for the
purpose of being employed, in salvage operations:
(31) “salvage worker”
means any person, other than a member of Her Majesty's
naval forces, who, not being the master or a member of the crew of a ship,
is regularly employed in salvage operations in or from the British Islands
:
(32) “ship” has the same meaning as in the Merchant Shipping Act 1894:

(33) “tidal water”
means any part of the sea, and any part of a river within
the ebb and flow of the tide at ordinary spring tides and not being a harbour
:
(34) “tons” and “tonnage”
 mean respectively gross tons and gross
tonnage:
(35) “war injury”
and 
“war risk injury” have the
meanings respectively assigned thereto in Schedule 1
to this Scheme.
3 

(1) The rules for the
construction of Acts of Parliament contained in the Interpretation Act 1889
shall apply in relation to this Scheme and in relation to the revocations
effected by it as if this Scheme and the Schemes revoked by it were Acts of
Parliament, and as if each revocation were a repeal.
(2) References in this
Scheme to any enactment, Order or Regulation shall, unless the context otherwise
requires, be construed as references to that enactment, Order or Regulation
as amended by or under any other enactment, Order or Regulation or to any
other enactment, Order or Regulation substituted therefor.
(3) References in this
Scheme to Her Majesty shall, unless the context otherwise requires, be construed
as references to the Sovereign reigning at any relevant time.
(4) Where a claim under
this Scheme other than one specified in the following paragraph of this Article
is made, there shall be no onus on the claimant to prove that disablement
or death is directly attributable to the relevant qualifying injury or detention
and the benefit of any reasonable doubt on those questions shall be given
to the claimant.
(5) Where a claim under
this Scheme—
(a) in respect of
disablement is made more than 7 years after the date of the relevant qualifying
injury or end of detention; or
(b) is made in respect
of the death of a person, such death having occurred more than 7 years after
the date of the relevant qualifying injury or end of detention;and, upon reliable evidence, a reasonable doubt exists whether
the disablement is, or the death was, directly attributable to the relevant
qualifying injury or detention, the benefit of that reasonable doubt shall
be given to the claimant.
(6) For the purposes
of this Scheme, the detention of a person may be treated as continuing until
whichever is the earlier of the two following dates—
(a) the date of his
death; or
(b) the date on which
it is first practicable for him to arrive back in the country to which he
belongs;or until such other date as the Minister may direct in relation
to that person or to any class of such persons.
PART II
4 

(1) Subject to the following
provisions of this Article, this Scheme applies to any member of the Merchant
Navy or sea fishing service whose disablement or death is directly attributable
to a qualifying injury sustained or detention suffered by reason of his service
as a mariner in a British ship.
(2) The cases in which
a member of the Merchant Navy or sea fishing service who has sustained a qualifying
injury or suffered the detention is to be treated as having sustained the
injury or suffered the detention by reason of his service as a mariner in
a British ship are set out in Part I of Schedule 2
to this Scheme.
(3) The Minister may
give directions, in relation to persons who are British subjects or British
protected persons, that their service or employment as mariners in ships which
are not British ships shall be treated for the purposes of this Scheme, either
in all cases or in any particular case or class of case specified in the directions,
as if it were service or employment in British ships.
(4) This Scheme does
not apply to a person whose disablement or death is directly attributable
to a qualifying injury sustained or detention suffered by reason of his service
as a mariner—
(a) in a British
ship—
(i) belonging
to Her Majesty in right of the Dominion of Canada, the Commonwealth of Australia,
the Dominion of New Zealand, the Union of South Africa or the Irish Republic;

(ii) belonging
to Her Majesty in right of India before 15th August 1947, or in right of India
or Pakistan after that date (not being in any such case a ship registered
in any of those territories under the Merchant Shipping Acts 1894 to 1949);

(iii) belonging
to Her Majesty in right of Ceylon after 3rd February 1948;
(iv) which
belonged to Her Majesty in right of Burma before 4th January 1948;
(v) which is,
or was, held by any person on behalf of or for the benefit of the Crown in
any such right as is mentioned in the foregoing provisions of this paragraph;
or
(vi) which
is, or was, registered in any such Dominion or country as aforesaid and is
not, or was not, a ship registered before 15th August 1947 in India, or registered
thereafter in India or Pakistan, under the Merchant Shipping Acts 1894 to
1949;unless the ship is, or was, for the time being placed at the disposal
of or chartered by or on behalf of Her Majesty's Government in the United
Kingdom; or
(b) in a ship which
was used for private amusement or pleasure while he was serving or employed
therein.
5 

(1) This Scheme applies
also to any member of the pilotage or light vessel service whose disablement
or death is directly attributable to a qualifying injury sustained or detention
suffered by reason of his service.
(2) The cases in which
a member of the pilotage or light vessel service who has sustained a qualifying
injury or suffered detention is to be treated as having sustained the injury
or suffered the detention by reason of his service are set out in Part II of Schedule 2 to this
Scheme.
6 

(1) This Scheme applies
also to any salvage worker whose disablement or death is directly attributable
to a qualifying injury sustained or detention suffered by reason of his service.

(2) The cases in which
a salvage worker who has sustained a qualifying injury or suffered detention
is to be treated as having sustained the injury or suffered the detention
by reason of his service are set out in Part III of Schedule 2
to this Scheme.
PART III
7 

(1) For the purposes
of this Scheme, the rank of a member of the Merchant Navy, sea fishing service,
pilotage or light vessel service or of a salvage worker shall be determined
by reference to the equivalent naval rank or, in the case of a woman, the
equivalent naval status, which that person is to be treated, by virtue of
the following provisions of this Part of this Scheme, as holding on the material
date.
(2) A person to whom
none of the following provisions of this Part of this Scheme is applicable
shall be treated as holding on the material date such equivalent naval rank
or status as the Minister may consider appropriate.
8 

(1) A member of the
Merchant Navy or sea fishing service who on the material date was in the service
of a British ship as a mariner, or was on leave from a British ship outside
the British Islands, or was at any place except on land in the British Islands
in the course of proceeding to, or of returning from, or of waiting to proceed
to or return from, employment in a British ship as a mariner, shall be treated
as holding on that date the equivalent naval rank which is specified in Schedule 3 to this Scheme in relation
to the class of the ship, the grade or grade and circumstances in which he
was serving, or was due to be employed, or had just ceased to be employed,
in the ship, and the qualifications which he held on that date for service
or employment therein.
(2) A member of the
Merchant Navy or sea fishing service who on the material date did not come
within paragraph (1) of this Article shall be treated as holding on that date
the equivalent naval rank appropriate in his case under that paragraph by
reference to the British ship in which he last served and the grade, or grade
and circumstances in which he was serving, and the qualifications which he
held for service, in that ship immediately before he ceased to serve therein.

9 

(1) A pilot shall be
treated as holding on the material date the equivalent naval rank which would
be appropriate in his case under Article 8
of this Scheme if he were on that date serving as the master of a British
ship of the following tonnage and class, namely—
(a) where the average
tonnage of the ships piloted by him during the period of 12 months expiring
on that date exceeds 1,000 tons, a tonnage equal to that average tonnage;
or
(b) where the average
tonnage of the ships piloted by him during the period of 12 months expiring
on that date was 1,000 tons or less, a home trade cargo ship of a tonnage
equal to that average tonnage:Provided that, where
the average tonnage of the ships piloted by him during the period of 3 years
expiring on that date exceeds the average tonnage of the ships piloted by
him during the period of 12 months expiring on that date, this paragraph shall
have effect as if the references in subparagraphs (
a) and (b) to 12 months were
references to 3 years.
(2) An apprentice pilot
shall be treated as holding on the material date the equivalent naval rank
of Chief Petty Officer.
10 

(1) The master of
a pilot boat shall be treated as holding on the material date the equivalent
naval rank of Sub-Lieutenant or Warrant Officer as may be appropriate, in
the opinion of the Minister, having regard to the tonnage of the pilot boat
of which he was on that date the master, and the qualifications which he held
on that date.
(2) A member of the
crew of a pilot boat shall be treated as holding on the material date the
equivalent naval rank which would be appropriate in his case under Article 8 of this Scheme, in relation
to the grade, or grade and circumstances, in which he was serving on that
date, and the qualifications which he held on that date, if the pilot boat
were a home trade cargo ship.
11 

(1) A member of the
light vessel service in the service of Trinity House who on the material date
was in the service of, or was at any place except on land in the British Islands,
in the course of proceeding to, or returning from service in, a lightship,
lightship tender or lighthouse tender, shall be treated as holding on that
date the equivalent naval rank which is specified in the appropriate Table
in Schedule 4 to
this Scheme in relation to the grade, or grade and circumstances, in which
he was serving, or was due to serve, or had just ceased to serve, in the ship
or tender, and the qualifications which he held on that date.
(2) In relation to
a member of the light vessel service not in the service of Trinity House,
paragraph (1) of this Article shall have effect as if any reference in Schedule 4 to this Scheme to a
grade included a reference to any capacity which, in the opinion of the Minister,
is equivalent to that grade.
12 
A salvage worker who on the material date was engaged in salvage
operations, or was on leave outside the British Islands during the carrying
on of salvage operations, or was at any place except on land in the British
Islands in the course of proceeding to or returining from engagement in salvage
operations, or of waiting to proceed to or return from engagement in salvage
operations, shall be treated as holding on that date the equivalent naval
rank which is specified in Schedule 5
to this Scheme in relation to the grade, or grade and circumstances, in which
he was, or was due to be, or had just ceased to be, engaged in those salvage
operations, and the qualifications which he held on that date.
13 
The equivalent naval status which a woman is to be treated as holding
on the material date shall be the status equivalent to the rank which, by
virtue of Article 8, 9, 10, 11 or 12
of this Scheme, would have been her equivalent naval rank if she had been
a man.
14 
Where the equivalent naval rank or status which a person is to
be treated, by virtue of the provisions of Article 8, 9, 10, 11, 12 or 13
of this Scheme, as holding on the material date is, in the opinion of the
Minister, too high or too low, having regard to any circumstances which the
Minister may consider relevant to the determination of that person's rank
or status, that person shall be treated as holding on that date such equivalent
naval rank or status as the Minister may consider appropriate.
15 
Where the disablement or death of a person is directly attributable,
not to a single qualifying injury or period of detention, but to two or more
such causes, and different ranks would, by virtue of the foregoing provisions
of this Part of this Scheme, be applicable to the different causes of the
disablement or death—
(a) any award in respect
of a composite assessment made under sub-paragraph (b) of Article 9(2)
 of the Naval Order as applied by this Scheme
shall be made at a composite rate calculated by reference to the degree of
disablement resulting from each such cause and the relevant rank appropriate
thereto, so, however, that where the sum of the separate assessments which
would have been made in respect of those causes but for the said subparagraph
exceeds the amount of the composite assessment, the degree of disablement
resulting from the cause to which the lower or lowest of those different relevant
ranks is appropriate shall, for the purpose of calculating the said composite
rate, be treated as reduced by the amount of the excess, and
(b) any award under Part IV of the Naval Order as
applied by this Scheme shall be at a rate calculated by reference only to
the higher or highest of those different relevant ranks.
PART IV
16 

(1) Unless the context
otherwise requires, in this Part of this Scheme and in Schedule 6—
(a) any reference
to a member of the Merchant Navy or a mariner shall be treated as including
a reference to a member of the sea fishing service, a member of the pilotage
service, a member of the light vessel service and a salvage worker; and
(b) any reference
to service as a mariner in a British ship shall be treated as including a
reference to service as a member of the pilotage service, service as a member
of the light vessel service and service as a salvage worker.
(2) The Naval Order
as applied by this Scheme shall be construed as one with this Scheme.
17 

(1) Where the disablement
or death of a member of the Merchant Navy is directly attributable to a qualifying
injury sustained or detention suffered by reason of his service as a mariner
in a British ship, the Naval Order shall apply to his case in accordance with
the following provisions of this Article.
(2) For the purposes
of their application to the case of a member of the Merchant Navy, the provisions
of the Naval Order, in so far as they concern pensions and other grants in
respect of disablement or death due to service after 2nd September 1939, shall
have effect subject to the modifications and additions contained in this Scheme
and in Schedule 6
to this Scheme.
18 

(1) 
Where a member of the Merchant Navy who has suffered disablement which is
directly attributable to a qualifying injury sustained or detention suffered
by reason of his service as a mariner in a British ship (in this Article referred
to as the “relevant disablement”)
has been awarded a pension or other grant payable out of public funds (otherwise
than under this Scheme) in respect of some other disablement however caused,
the degree of the relevant disablement shall not exceed the difference between—

(a) the degree
of the other disablement determined by reference to the assessment on which
payment of the said pension or other grant is being made, or where that payment
is not based on any specific assessment, the assessment which, in the opinion
of the Minister, having regard to the regulations under which that payment
is made, is appropriate to that other disablement; and
(b) the degree
at which the relevant disablement and the other disablement, determined as
aforesaid, would together have been assessed on a composite assessment if
both disablements had fallen to be assessed under the Naval Order as applied
by this Scheme.
(2) The Minister may,
notwithstanding anything in this Scheme or in the Naval Order as applied by
this Scheme, make such award in respect of the relevant disablement as will
secure that the aggregate value of the award in respect of that disablement
and of the pension or other grant in respect of the other disablement is not
less than the value of the award which, if both disablements had come within
the scope of this Scheme, would have been made by virtue of Article 15 of this Scheme having
regard to the equivalent naval rank of the member in relation to the relevant
disablement and the rank which is or should, in the opinion of the Minister,
be assumed to be the basis of the pension or other grant in respect of the
other disablement.
(3) The provisions
of this Article shall not apply where a member of the Merchant Navy to whom
an award in respect of the relevant disablement may be made has been awarded
a pension or other grant payable, in respect of some other disablement however
caused, under the National Insurance (Industrial Injuries) Acts 1946 to 1964,
or under any legislation in Northern Ireland corresponding to those Acts,
or under the law of any place outside the United Kingdom which in the opinion
of the Minister is analogous to those Acts.
(4) Where an award
may be made under the Naval Order as applied by this Scheme in respect of
a member of the disabled person's family in respect of whom an award is not
comprised in the pension or other grant in respect of the other disablement,
the provisions of this Article shall not apply in relation to that award.

19 

(1) Subject to the
following provisions of this Article, where the death of a member of the Merchant
Navy is directly attributable to a qualifying injury sustained or detention
suffered by reason of his service as a mariner in a British ship and his funeral
is carried out privately at the expense of any person, a funeral grant not
exceeding £25 may be awarded in respect of the expense incurred by that
person.
(2) A funeral grant
under this Article shall be reduced by the amount of any payment out of public
funds which has been or will be made in respect of the expenses incurred in
connection with the funeral.
(3) Except where the
Minister in any special case otherwise directs, a funeral grant under this
Article shall not be awarded unless an application for that award is made
within 3 months from the date of the death of the member of the Merchant Navy.

(4) Any reference in
the Naval Order as applied by this Scheme to a gratuity shall, unless the
context otherwise requires, be treated as including a reference to a grant
under this Article.
20 

(1) An award under
this Scheme in respect of the death of a member of the Merchant Navy, where
such death occurs more than 7 years after the date of the relevant qualifying
injury or end of detention, shall not be made unless at the date of his death
he then was, or at any time previously thereto had been, in receipt of a pension
awarded by the Minister under this Scheme or any previous Scheme.
(2) For the purposes
of this Article, the expression “pension” includes a weekly allowance, a gratuity or an allowance in respect
of a period of treatment as defined in Article 21(8)
of the Naval Order as applied by this Scheme.
PART V
21 

(1) Where the Minister
is satisfied that a payment (not being a payment in respect of the expenses
incurred in connection with a funeral) has been or will be made under an enactment
or Order in Council to which this Article applies in respect of an injury
which results in disablement or death, no award of a pension, allowance or
gratuity in respect of that disablement or death shall be made under this
Scheme or under the Naval Order as applied by this Scheme, and any such award
which has been made shall be cancelled:Provided that, where the
Minister is satisfied that, in respect of any period, the aggregate annual
value of the payments which are being or will be made under the first of the
said enactments falls short of the aggregate annual value of the payments
which, but for the foregoing provisions of this Article, would have been made
in respect of that period under this Scheme or under the Naval Order as applied
by this Scheme, the Minister may make such awards under this Scheme or under
the Naval Order as applied by this Scheme as he may consider appropriate in
order to make good the deficiency.
(2) The enactments and
Orders in Council to which this Article applies are—
(a) section 1
of the Superannuation
Act 1887, as amended by section 11
of the Superannuation
Act 1935, or by section 9
of the Superannuation
Act (Northern Ireland) 1935;
(b) section 41
or 56
of the Superannuation
Act 1949;
(c) section 665
of the Merchant
Shipping Act 1894, as extended by the Superannuation (Various Services) Act 1938;

(d) any Order in
Council relating to pensions for men serving in Admiralty Yard craft or to
pensions for officers of the Royal Fleet Auxiliaries;
(e) any enactment
relating to persons in the service of a local lighthouse authority within
the meaning of the Merchant Shipping Acts 1894 to 1949.
22 

(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.
23 
The Minister may withhold or cancel an award of a pension, allowance,
gratuity or funeral grant under this Scheme or under the Naval Order as applied
by this Scheme if he is satisfied that the person to or in respect of whom
that pension, allowance, gratuity or funeral grant may be or has been awarded,
possessed the nationality of or resided (otherwise than by reason of compulsion)
in, or in any of the possessions of, or in any territory occupied by, any
state at a time when it was at war with Her Majesty.
24 
Where, in the case of any person to whom a pension or allowance
may be or has been awarded under this Scheme or under the Naval Order as applied
by this Scheme, the Minister is satisfied that the payment of a lump sum in
lieu of that pension or allowance is justified by the circumstances of the
case, the Minister may award to that person such a lump sum as aforesaid,
and any reference in this Scheme or in the Naval Order as applied by this
Scheme to a gratuity shall be construed as including a reference to a lump
sum awarded under this Article.
25 
Any assignment or charge, and any agreement to assign or charge,
any pension, allowance, gratuity or funeral grant which may be or has been
awarded under this Scheme or under the Naval Order as applied by this Scheme
shall, for the purposes of this Scheme, be void.
26 
The provisions of the Naval Order as applied by this Scheme shall
apply in relation to any medical question which arises under this Scheme in
like manner as they apply in relation to any matter which is required by the
Naval Order to be certified and which involves a medical question.
27 

(1) Any person to whom
a pension, allowance or gratuity has been awarded under this Scheme or under
the Naval Order as applied by this Scheme, and any person to whom payment
of that pension, allowance or gratuity is to be made, shall, if and when required
by the Minister so to do, subscribe such declaration as the Minister may from
time to time direct.
(2) Where a declaration
is subscribed under paragraph (1) of this Article by a person who is not the
person to whom the pension, allowance or gratuity has been awarded, there
shall be furnished, if and when required by the Minister, such certificate
as the Minister may from time to time direct.
(3) If such a declaration
or certificate as may have been required by the Minister under this Article
to be subscribed or furnished is not subscribed or furnished, payment of the
pension, allowance or gratuity shall be withheld until the requirements of
the Minister under this Article have been satisfied.
28 

(1) The Minister shall
be the sole administrator of this Scheme and, subject to the provisions of
the Pensions Appeal Tribunals Acts 1943 and 1949, all questions with respect
to the effect or operation of this Scheme shall be determined by the Minister
and his decision thereon shall be final and conclusive.
(2) The Minister may
make regulations for giving effect to the purposes of this Scheme.
29 

(1) Subject to the provisions
of this Article, the War Pensions (Mercantile Marine)
Scheme 1949 and the War Pensions (Mercantile Marine)
(Amendment) Scheme 1963 are hereby revoked.
(2) Any thing made or
done under or in pursuance of any provision herein-before revoked shall be
deemed to have been made or done under or in pursuance of the corresponding
provision of this Scheme, and anything begun under any provision so revoked
may be continued under this Scheme as if begun under this Scheme.
(3) 
(a) Where, immediately
before the coming into operation of this Scheme, an allowance granted under Article 12(4)
of the Naval
Order of 4th June 1946 as applied by the War Pensions (Mercantile Marine) (Amendment) Scheme 1946, as amended by the War Pensions (Mercantile Marine) (Amendment)
Scheme 1948, in respect of an unmarried dependant living as a wife of
a member of the Merchant Navy was being paid, that allowance may be continued
until the conditions for the grant of an allowance under the said Article
cease to be fulfilled;
(b) where an allowance
has been continued by virtue of subparagraph (a)
of this paragraph until the death of the member of the Merchant Navy, an award
may be made under Article 28
of the Naval
Order of 4th June 1946 as applied by the War Pensions (Mercantile Marine) Scheme 1946,
as amended by the War Pensions (Mercantile Marine)
(Amendment) Scheme 1948, if and for so long
as the conditions for an award under that Article are fulfilled;
(c) an award may
be continued under Article 28(4)
of the Naval
Order of 4th June 1946 as applied by the War Pensions (Mercantile Marine) Scheme 1946,
as amended by the War Pensions (Mercantile Marine)
(Amendment) Scheme 1948, to an unmarried dependant
living as a wife if, immediately before the coming into operation of this
Scheme, she was in receipt of a pension under Article 28(2) or 28(3)
of the said Naval Order as so applied and, on the expiration of the period
of 12 months beginning with the date of the member's death, or at the date
when she ceases to have in her charge a child of the member and to receive
an allowance in respect of that child under the provisions of Part IV of the Naval Order as
applied by this Scheme, as the case may be, she is in pecuniary need and incapable
of self-support.
(4) Any relevant provision
of this Scheme or of the Naval Order as applied by this Scheme shall, as from
the commencing date of this Scheme, apply to any case where the disablement
or death of a member of the Merchant Navy, a member of the sea fishing service,
a member of the pilotage service, a member of the light vessel service or
a salvage worker was directly attributable to a qualifying injury sustained
or detention suffered on or after 3rd September 1939, but before that commencing
date, whether or not an award has been made under any previous Scheme.
(5) In this Article,
the expression “unmarried dependant living as
a wife” has the same meaning as
in the Naval Order as applied by this Scheme.
Margaret Herbison
Minister of Pensions and National Insurance
18th December 1964We consent.
George Lawson
G. H. R. Rogers
Two of the Lords Commissioners of Her Majesty's Treasury
21st December 1964
SCHEDULE 1
1 
A war injury is a physical injury—
(a) caused by—

(i) the discharge
of any missile (including liquids and gas); or
(ii) the use of
any weapon, explosive or other noxious thing; or
(iii) the doing
of any other injurious act;either by the enemy or in combating the enemy or in repelling an
imagined attack by the enemy; or
(b) caused by the impact
on any person or property of any enemy aircraft, or any aircraft belonging
to, or held by any person on behalf of or for the benefit of, Her Majesty
or any allied power, or any part of, or anything dropped from, any such aircraft.

2 
A war risk injury is a physical injury sustained
on or after 3rd September 1939 at sea or in any other tidal water or in the
waters of any harbour and attributable to—
(a) the taking of measures
with a view to avoiding, preventing or hindering enemy action against ships,
or as a precaution in anticipation of enemy action against ships, or for rescue
or salvage purposes in consequence of enemy action against ships; or
(b) the absence, by reason
of circumstances connected with any war in which Her Majesty may be engaged,
of any aid to navigation for ships, or of any warning of danger to ships,
being an aid or warning which would be normal in time of peace; or
(c) the carriage, by
reason of circumstances connected with any such war as aforesaid, of any cargo
in a manner which would be abnormal in time of peace and involves danger to
the ship in which the cargo is carried or to her crew; or
(d) the existence on
board ship of any other conditions arising out of any such war as aforesaid
which would be abnormal in time of peace:Provided that—
(i) in
relation to injuries sustained in the waters of a harbour, the measures specified
in subparagraph (a) of this paragraph do
not include the prohibition or restriction of lights other than navigational
lights; and
(ii) 
in relation to a salvage worker, or the master or member of a crew of a salvage
vessel, the reference in subparagraph (a)
of this paragraph to measures taken for salvage purposes shall not apply.

3 
For the purposes of paragraph 2
of this Schedule, an injury shall be treated as being attributable to the
matters specified in subparagraph (a), subparagraph (b),
subparagraph (c) or subparagraph (d) of that
paragraph if, but only if, they substantially increased the risk of the peril
occuring which caused the injury.
4 
In this Schedule—
(a) the expression “navigational
light” means a light displayed,
whether on a ship or otherwise, as an aid to navigation for ships or as a
warning of danger to ships; and
(b) the expression “physical
injury” includes tuberculosis and
any other organic disease, and the aggravation thereof.
SCHEDULE 2
PART I
The cases in which a
person who has sustained a qualifying injury, or suffered detention, is to
be treated as having sustained the injury, or suffered the detention, by reason
of his service as a mariner in a British ship are where the injury, or the
capture on which his detention was consequent, as the case may be, occured—

(a) while he was in the service of a British
ship as a mariner;
(b) in the case of a person normally employed
as a mariner, while he was in the service of a seagoing British ship in the
British Islands in which he was employed as master or a member of the crew
thereof, notwithstanding that he was not employed in seagoing service in the
ship;
(c) while he was at a place outside the British
Islands on leave from a British ship in which he was employed as a mariner
and which was at a port outside the British Islands;
(d) while he was at a place outside the British
Islands in accordance with arrangements made or approved by or on behalf of
the Minister of Transport for having persons available for employment as mariners;

(e) while he was at any place, except on
land in the British Islands, in the course of proceeding to employment in
a British ship as a mariner, or to a place to which he was going in accordance
with such arrangements as aforesaid;
(f) without prejudice to the last preceding
paragraph, while he was at any place, except as aforesaid, in the course of
returning to any part of the British Islands, to the country to which he belonged,
or to any other country approved by or on behalf of the Minister of Transport,
from employment in a British ship as a mariner, or from a place at which he
had been in accordance with such arrangements as aforesaid, and before he
first arrived on land in that part of the British Islands or, as the case
may be, in that country; or
(g) while he was waiting at any place outside
the British Islands to proceed or return as aforesaid, whether the delay was
due to sickness or to any other cause outside his control.

PART II
1 
The cases in which a pilot or apprentice pilot
who has sustained a qualifying injury, or suffered detention, is to be treated
as having sustained the injury, or suffered the detention, by reason of his
service are where the injury, or the capture on which his detention was consequent,
as the case may be, occurred—
(a) at any
time during a period while he was on a seagoing ship, if during some part
of that period he was acting or was due to act as pilot or apprentice pilot;

(b) while he
was on board a pilot boat;
(c) while he
was at any place, except on land in the British Islands, while proceeding
to or returning from a seagoing ship in which he was due to act, or had acted,
as pilot or apprentice pilot or to or from a pilot boat.
2 
The cases in which the master or a member of
the crew of a pilot boat, lightship, lighthouse tender or lightship tender
who has sustained a qualifying injury, or suffered detention, is to be treated
as having sustained the injury, or suffered the detention, by reason of his
service are where the injury, or the capture on which his detention was consequent,
as the case may be, occurred—
(a) while he
was in the service of the boat, lightship or tender;
(b) while he
was at any place, except on land in the British Islands, in the course of—

(i) proceeding
to the boat, lightship or tender for the purpose of being in the service thereof;
or
(ii) 
returning from the boat, lightship or tender after being in the service thereof.

PART III
The cases in which
a salvage worker who has sustained a qualifying injury, or suffered detention,
is to be treated as having sustained the injury, or suffered the detention,
by reason of his service are where the injury, or the capture on which his
detention was consequent, occurred—
(a) while he was engaged in salvage operations
taking place either at sea or in any tidal water or harbour outside the British
Islands;
(b) while he was on leave at a place outside
the British Islands during the carrying on of such salvage operations in which
he was engaged;
(c) while he was at any place, except on
land in the British Islands, in the course of proceeding to or returning from
engagement in such salvage operations;
(d) while he was waiting at any place outside
the British Islands to proceed or return as aforesaid, whether the delay was
due to sickness or to any other cause outside his control.

SCHEDULE 3

For the purposes of this Schedule—

(a) a British ship (not being a ship to which
Table VI, VII or VIII applies) which is a self-propelled salvage vessel shall
be treated—
(i) where her tonnage exceeds 800 tons, as
a British ship of a tonnage of 2,501 to 10,000 tons inclusive;
(ii) where her tonnage is 251 to 800 tons
inclusive, as a British ship of a tonnage up to and including 2,500 tons,
not being a home trade cargo ship of a tonnage of 1,000 tons or less;
(iii) where her tonnage is 250 tons or less,
as a home trade cargo ship of a tonnage of 501 to 1,000 tons inclusive;
(b) “certified”, in relation
to the service of a person in any grade in a ship, means 
that the person holds under the Merchant Shipping Act 1894
or is deemed under Regulation 47C
of the Defence
(General) Regulations 1939 to hold under that
Act—
(i) a valid
certificate of competency of that grade for that ship; or
(ii) a valid
certificate of competency of a higher grade; or
(iii) a valid
certificate of service which allows the person holding it to go to sea in
that grade in that ship:
Provided that, where
a person is, under the authority of the Minister of Transport, serving as
a second class engineer in place of a certificated second class engineer which
the ship is, by section 92
of the Merchant
Shipping Act 1894, required to carry, the service
of that person shall be treated as being service as a certificated second
class engineer in that ship.

TABLE I
 Equivalent naval
rank
Grade, or grade and circumstances, and qualifications
 
Ships of a tonnage up to and including 2,500 tons, except home trade cargo
ships of a tonnage of 1,000 tons or less Ships of a tonnage of 2,501
to 10,000 tons inclusive Ships of a tonnage exceeding
10,000 tons
Master Lieutenant. Lieutenant-Commander. Commander.
Chief Mate and First Mate Sub-Lieutenant. Lieutenant. Lieutenant-Commander.
Second Mate, if certificated Sub-Lieutenant. Sub-Lieutenant. Lieutenant.
Second Mate, if not certificated Warrant Officer. Warrant Officer. —
Third Mate and any Mate junior to Third Mate, if certificated
 Sub-Lieutenant. Sub-Lieutenant. Sub-Lieutenant.
Third Mate and any Mate junior to Third Mate, if not certificated
 Warrant Officer. Warrant Officer. Warrant Officer.
Apprentice or Cadet Chief Petty Officer. Chief Petty Officer. Chief Petty Officer.
Chief Engineer Lieutenant. Lieutenant-Commander. Commander.
Second Engineer, if certificated Sub-Lieutenant. Lieutenant. Lieutenant-Commander.
Second Engineer, if not certificated Warrant Officer. — —
Third Engineer, if certificated Sub-Lieutenant. Sub-Lieutenant. Lieutenant.
Third Engineer, if not certificated Warrant Officer. Warrant Officer. Warrant Officer.
Fourth Engineer, if certificated Sub-Lieutenant. Sub-Lieutenant. Sub-Lieutenant.
Fourth Engineer, if not certificated Warrant Officer. Warrant Officer. Warrant Officer.
Junior Engineer, if certificated Sub-Lieutenant. Sub-Lieutenant. Sub-Lieutenant.
Junior Engineer, if not certificated Warrant Officer. Warrant Officer. Warrant Officer.
Senior Boiler Maker Warrant Officer. Warrant Officer. Warrant Officer.
Boiler Maker Chief Petty Officer. Chief Petty Officer. Chief Petty Officer.
Plumber Chief Petty Officer. Chief Petty Officer. Chief Petty Officer.
Surgeon Lieutenant. Lieutenant. Lieutenant-Commander.
Purser Warrant Officer. Sub-Lieutenant. Lieutenant.
Assistant Purser Warrant Officer. Warrant Officer. Warrant Officer.
Radio Officer, having 3 years' experience or more Sub-Lieutenant. Sub-Lieutenant. Sub-Lieutenant.
Radio Officer, having less than 3 years' experience but
not less than 1 year's experience. Warrant Officer. Warrant Officer. Warrant Officer.
Radio Officer, having less than 1 year's experience Chief Petty Officer. Chief Petty Officer. Chief Petty Officer.

TABLE II
 Equivalent naval
rank
Grade, or grade and circumstances, and qualifications

 Ships of a tonnage of 500 tons or less Ships of a tonnage of 501 to 1,000 tons
Master 
Warrant Officer. Sub-Lieutenant.
Mates Chief Petty Officer. Warrant Officer.
Chief Engineer 
Warrant Officer. Warrant
Officer.
Other Engineers Chief Petty Officer. Warrant Officer.
Radio Officer, having 3 years' experience or more. Sub-Lieutenant. Sub-Lieutenant.
Radio Officer, with less than 3 years' experience but not
less than 1 year's experience. Warrant Officer. Warrant Officer.
Radio Officer, with less than 1 year's experience. Chief Petty Officer. Chief Petty Officer.

TABLE III
Grade, or grade and circumstances, and qualifications Equivalent naval rank
Skipper Warrant Officer.
Second Hand Petty Officer.
Boatswain or Third Hand Leading Rating.
Engineer Petty Officer.
Radio Officer or Wireless Operator having 1 year's experience
or more. Warrant Officer.
Radio Officer or Wireless Operator with less than 1 year's
experience. Chief Petty Officer.

TABLE IV
Grade, or grade and circumstances, and qualifications Equivalent naval rank
Master or Commander Lieutenant-Commander.
Chief Officer Lieutenant.
Second Officer and any Officer junior to Second Officer—

(a) if certificated Sub-Lieutenant.
(b) if not certificated
 Warrant Officer.
Chief Engineer Lieutenant.
Second Engineer—
(a) if certificated Lieutenant.
(b) if not certificated
 Warrant Officer.
Third Engineer and any Engineer junior to Third Engineer—

(a) if certificated Sub-Lieutenant.
(b) if not certificated
 Warrant Officer.
Chief Electrician and Electrician in a cable ship carrying
only one Electrician. Lieutenant.
Electrician in a cable ship carrying also a Chief Electrician.
 Sub-Lieutenant.
Surgeon Lieutenant.
Purser Warrant Officer.
Radio Officer or Wireless Telegraphist—
(a) having 3 years' experience
or more Sub-Lieutenant.
(b) having less than
3 years' experience, but not less than 1 year's experience. Warrant Officer.
(c) having less than
1 year's experience Chief Petty Officer.
Cable Foreman Warrant Officer.
Chief Steward Warrant Officer.
Cable Jointer Chief Petty Officer.
Assistant Cable Foreman Chief Petty Officer.
Chief Quartermaster Petty Officer.
Seaman Cable Jointer Leading Rating.
Seaman Cable Hand A.B.
Cable Engine Driver Leading Rating.
Leading Stoker Leading Rating.
Stoker A.B.
Second Cook and Baker Leading Rating.

TABLE V
Grade, or grade and circumstances Equivalent naval rank
Deck Department
Boatswain (except in a fishing boat) Chief Petty Officer.
Carpenter
Boatswain's Mate Petty Officer.
Carpenter's Mate
Painter
Craneman
Lamp Trimmer
Launchman Leading Rating.
Quartermaster
Storekeeper
Winchman
A.B. A.B.
O.S.
Engineers' Department
Chief Electrician in a ship (other than a cable ship) carrying
two or more Electricians. Sub-Lieutenant.
Electrician (all other cases except in a cable ship) Warrant Officer.
Donkeyman
Pumpman Petty Officer.
Storekeeper
Winchman
Greaser Leading Rating.
Fireman A.B.
Trimmer
Catering Department.
Chief Steward in a passenger ship of 10,001 tons or more.

Chief Steward in a passenger ship of 2,501 to 10,000 tons
(inclusive) who also acts as purser. Sub-Lieutenant.
Chief Steward in a passenger ship of 2,501 to 10,000 tons
(inclusive) where a purser is also carried.
Chief Steward in a home trade passenger ship of 2,500 tons
or under. Warrant Officer.
Chief Steward in any other case (except in a cable ship).
 Chief Petty Officer.
Chief Cook Chief Petty Officer.
Baker
Second Steward Petty Officer.
Ship's Cook
Second Cook Leading Rating.
Storekeeper
Assistant Storekeeper
Second Baker
Assistant Baker A.B.
Assistant Cook
Assistant Steward
Boy Steward

TABLE VI
Grade, or grade and circumstances Equivalent naval rank
Senior Pilot Sub-Lieutenant.
1st Class Master
Dredging Master
Dredging Master and Chief Engineer, Suction Dredger Warrant Officer.
2nd Class Master
Navigator of Suction Dredger
Master of Dredger or Hopper Barge
Mate Chief Petty Officer.
Mate of Dredger or Hopper Barge
1st Class Engineer Warrant Officer.
2nd Class Engineer Chief Petty Officer.
3rd Class Engineer
Chief Stoker Petty Officer.
Wireless Telegraphy Operator
Leading Stoker Leading Rating.
Stoker, 1st Class
Stoker, 2nd Class
Fireman and Stoker (dredging service)
Able Seaman A.B.
Deck-hand (dredging service)
Ordinary Seaman
Boy

TABLE VII
Grade Equivalent naval rank
Master, 1st or 2nd Class Warrant Officer.
Mate Chief Petty Officer.
Engineer, 1st or 2nd Class
Engineer, 3rd Class Petty Officer.
Chief Stoker Leading Rating.
Stoker, leading or ordinary
Able Seaman A.B.
Ordinary Seaman
Boy

TABLE VIII
Grade Equivalent naval rank
Master Warrant Officer.
Mate Chief Petty Officer.
Engineer
Wireless and Electrical Mechanic
Wireless Operator Petty Officer.
Cook
Leading Deck-hand
Deck-hand A.B.
Stoker
Boy

SCHEDULE 4

In this Schedule “certificated”
, in relation to the service of a person in any grade in a
tender, means that the person holds a valid certificate
of competency under the Merchant Shipping Act 1894
of that grade or of a higher grade.

TABLE I
Grade Equivalent naval rank
Senior Master Chief Petty Officer.
Junior Master
Lamplighter Leading Rating.
Senior Light and For Signal Driver
Junior Light and Fog Signal Driver
Fog Signal Driver A.B.
Seaman

TABLE II
Grade, or grade and circumstances, and qualifications
 Equivalent naval rank
Deck Department
Master Lieutenant.
First Officer Sub-Lieutenant.
Second Officer, if certificated
Second Officer, if not certificated Warrant Officer.
Boatswain
Carpenter Chief Petty Officer.
Donkeyman
Coxswain Leading Rating.
Winchman
Seaman A.B.
Seaman Wireless Operator
Engineers' Department
First Engineer Lieutenant.
Second Engineer, if certificated Sub-Lieutenant.
Second Engineer, if not certificated Warrant Officer.
Third Engineer, if certificated Sub-Lieutenant.
Third Engineer, if not certificated Warrant Officer.
Senior Fireman Leading Rating.
Greaser
Fireman A.B.
Coal Trimmer
Catering Department
Chief Steward Chief Petty Officer.
Cook, First Class Petty Officer.
Cook, Second Class
Cook Steward A.B.
Steward
Assistant Steward

SCHEDULE 5

In this Schedule “certificated”
 means:—
(a) in relation to the grade of chief motor engineer, the
holding of a first class motor certificate of competency or of a first class
combined steam and motor certificate of competency; and
(b) in relation
to the grade of motor engineer, the holding of such a certificate as aforesaid
or of a second class motor certificate of competency or of a first class steam
certificate of competency with second class motor endorsement or of a second
class combined steam and motor certificate of competency; being in either case a certificate issued by the Minister of Transport
or any Minister whose functions are exercisable by the Minister of Transport
.

Grade, or grade and circumstances, and qualifications
 Equivalent naval rank
Admiralty Chief Salvage Officers and other Chief Salvage
Officers of equivalent responsibilities. Commander.
Other Salvage Officers Lieutenant.
Chief motor engineer—
(a) if certificated Sub-Lieutenant.
(b) if not certificated
 Warrant Officer.
Motor engineer—
(a) if certificated Warrant Officer.
(b) if not certificated
 Chief Petty Officer.
Chief diver Warrant Officer.
First class diver Chief Petty Officer.
Ordinary diver Petty Officer.
Foreman rigger Warrant Officer.
Master rigger Chief Petty Officer.
Ordinary rigger Petty Officer.
Shipwright Chief Petty Officer.
Carpenter Chief Petty Officer.

SCHEDULE 6

The provisions of the Naval Order
shall be modified for the purposes of their application to members of the
Merchant Navy in the following respects:—
(i) Articles 1(17), 1(18), 1(19), 1(21), 1(24), 1(28), 1(32), 1(35), 4, 5, 7, 8(2), 8(3), 28, 70 and 71, Part V, Schedule 5
and Schedule
9 shall be deleted;
(ii) for the words and phrases set out in
column (1) of the following Table there shall be substituted the words and
phrases set out in column (2) of that Table;

TABLE
Words and phrases in Naval Order Substitution for application to members of
the Merchant Navy
(1) (2)
Member of the naval forces Member of the Merchant Navy.
Officer Member of the Merchant Navy who is to be treated for the
purposes of this Scheme as holding an equivalent naval rank or status which
is that of a commissioned, subordinate or warrant officer of the Royal Navy.

Rank Equivalent naval rank or status as provided in this Scheme.

Commencement of service Material date.
Termination of her service (in Article 12(4))
 Material date.
Due to service Directly attributable to a qualifying injury sustained or
detention suffered by reason of service as a mariner in a British ship.
Material date Material date as defined in this Scheme.
Injury (in Article 6)
 Qualifying injury or detention.
Due to more than one injury (in Article 9(2)(b)).
 Directly attributable, not to a single qualifying injury
or period of detention, but to two or more such causes.
Injuries (in Article 9(2)(b))
 Causes of the disablement.
Payment made during the member's life-time in respect of
his service as a member (in Article 26).
 Allotment or similar payment made by the member in his lifetime.

(iii) any reference to a commissioned officer,
warrant officer, rating or other rank shall be construed as a reference to
a member of the Merchant Navy who is to be treated for the purposes of this
Scheme as holding an equivalent naval rank or status which is that of a commissioned
officer, warrant officer or rating, as the case may be, any reference to a
specific rank or rating shall be construed as a reference to a member of the
Merchant Navy who is to be treated for the purposes of this Scheme as holding
an equivalent naval rank or status which is that of that rank or rating, and
any reference to retired pay shall be construed as a reference to pension;

(iv) the references in 
paragraphs (i) and (ii) of the proviso to Article 9(2)
to the date of the termination of service shall be construed as references
to the date of the qualifying injury or of the termination of the detention,
as the case may be.
