
1 

(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 and shall come into force for the purposes of this article and articles 10 and 14 on 1st April 1993 and for all other purposes on 12th April 1993.
(2) In this Order, “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
2 
In article 7(1) of the principal Order (rank or status) the words “(including any award under any article in those Parts made by virtue of Part V)” shall be omitted.
3 
In article 10 of the principal Order (pension for disablement) for the word “Tables” there shall be substituted the word “Table”.
4 
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,106” there shall be substituted the amount “£2,184”.
5 
In article 23 of the principal Order (treatment allowances)—
(a) in paragraph (1) after the words “he receives treatment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings”;
(b) after paragraph (7) there shall be added the following paragraph—“
(8) For the purposes of articles 23, 24 and 25 the expression “earnings” means any remuneration or profit derived from an employment.”.
6 
In article 24 of the principal Order (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words “necessitated that treatment” there shall be inserted the following words “and as a result of abstention from work he incurs a loss of earnings,”.
7 
In article 25 of the principal Order (allowance for part-time treatment) in paragraph (1) after the words “normal employment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings,”.
8 
In article 26 of the principal Order (medical expenses) after the words “in so far as” there shall be inserted the words “the expenses wholly or mainly arise as a result of the disablement due to service and in so far as”.
9 
In article 29 of the principal Order (pensions to widows)—
(a) in paragraph (1)(a) for the words “Tables 1A and 2A or column (2) of Tables 3 and 4” there shall be substituted the words “Tables 1, 2 and 3”;
(b) in paragraph (1)(b) for the words “column (3) of Table 1A and 2A or, as the case may be, column (3) of Table 3 and column (2) of Table 4” there shall be substituted the words “column (2) of Tables 4 and 5”.
10 
In article 31 of the principal Order (rent allowance to widows, and unmarried dependants who lived as wives, who have children) in paragraph (1) for the words “community charge” there shall be inserted the words “council tax”.
11 
In article 42 of the principal Order (marriage of female persons)—
(a) for paragraph (3) there shall be substituted the following paragraph—“
(3) Subject to paragraphs (4) and (7) below, where a pension awarded to person under article 29 or 30 of this Order or under articles 11, 13 or 17A of a 1920 to 1921 Officers instrument or under articles 11 or 19 of a 1919 to 1920 other rank instrument, ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year’s pension.”;
(b) for paragraph (4) there shall be substituted the following paragraph—“
(4) Where a widow of an officer or, where his death is due to service after 2nd September 1939 of a sergeant-major of the Royal Marines, a warrant officer class 1 in the military forces or a warrant officer in the air forces marries prior to 12th April 1993 and the death of that husband occurs after 11th April 1993, the Secretary of State may restore the pension in whole or in part if the circumstances are, in his opinion, such as to justify its restoration or award a gratuity equal to one year’s pension.”;
(c) for paragraph (7) there shall be substituted the following paragraph—“
(7) Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993 and the death of that man occurs after 11th April 1993, the Secretary of State may award a gratuity to that person equal to one year’s pension.”;
(d) paragraphs (8) and (9) shall be omitted.
12 
After article 63 of the principal Order (refusal of treatment) there shall be inserted the following article—“
63A 
Any assignment or charge, and any agreement to assign or charge any pension, retired pay, allowance or gratuity which may be or has been awarded under this Order shall be void, and, on the bankruptcy of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or person acting on behalf of the creditors.”.
13 

(1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—
(a) for Tables 1, 2, 3 and 4 of Part II there shall be substituted the Table set out in Schedule 1 to this Order;
(b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
(c) for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
(2) In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death)—
(a) for Tables 1A, 1B, 2A, 2B, 3, 4, 5 and 6 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
(b) for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
14 
In Part II of Schedule 4 to the principal Order, in column 3 of item 45 (meaning of “public funds”)—
(a) for paragraph (cc) there shall be substituted the following paragraph—“(cc) moneys provided under the Local Government Finance Act 1992; or”;
(b) paragraph (ccc) shall be omitted.
15 
The following articles of the principal Order shall be revoked—
(a) article 13 (education allowance in respect of disablement);
(b) article 38 (education allowance in respect of death);
(c) article 40 (pensions to parents);
(d) article 41 (pensions to other dependants); and
(e) articles 43—53 of Part V (special classes of disabled members).
16 

(1) Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order and the revocation of articles 13, 38, 40 and 41 of that Order, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993 those provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.
(2) Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Order had not come into force.
N. H. Nicholls
Clerk of the Privy Council

SCHEDULE 1
Article 13(1)(a)
TABLE
Article 10
1 
WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10—15 OF PART I OF THIS SCHEDULE.
2 
YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEM-BERS OF THE ARMED FORCES IN GROUPS 1—9 OF PART I OF THIS SCHEDULE.

Degree of Disability Weekly rate Yearly rate
Per cent. £ £
100 97.20 5,072
90 87.48 4,565
80 77.76 4,058
70 68.04 3,550
60 58.32 3,043
50 48.60 2,536
40 38.88 2,029
30 29.16 1,522
20 19.44 1,014
SCHEDULE 2
Article 13(1)(b)
TABLE 1
Article 11(1)

Description of Injury Assessments Groups Groups
  1–9 10–15
For the loss of: Per cent £ £

A 
FINGERS–
 Index Finger–
 More than 2 phalanges, including loss of whole finger 14 4,620 4,590
More than 1 phalanx, but not more than 2 phalanges 11 3,698 3673
1 phalanx or part thereof 9 3,080 3,060
Guillotine amputation of tip without loss of bone 5 1,844 1,834

 Middle Finger–
 More than 2 phalanges, including loss of whole finger 12 4,002 3,977
More than 1 phalanx, but not more than 2 phalanges 9 3,080 3,060
1 phalanx or part thereof 7 2,462 2,447
Guillotine amputation of tip without loss of bone 4 1,540 1,530

 Ring or little finger–
 More than 2 phalanges, including loss of whole finger 7 2,462 2,447
More than 1 phalanx, but not more than 2 phalanges 6 2,158 2,143
1 phalanx or part thereof 5 1,844 1,834
Guillotine amputation of tip without loss of bone 2 922 917

B 
TOES–
 Great toe–
 through metatarsophalangeal joint 14 4,620 4,590
part, with some loss of bone 3 1,226 1,221
1 other toe– through metatarsophalangeal joint 3 1,226 1,221
part, with some loss of bone 1 618 613
2 toes, excluding great toe–
 through metatarsophalangeal joint 5 1,844 1,834
part, with some loss of bone 2 922 917
3 toes, excluding great toe–
 through metatarsophalangeal joint 6 2,158 2,143

 part, with some loss of bone 3 1,226 1,221
4 toes, excluding great toe–
 through metatarsophalangeal joint 9 3,080 3,060

 part, with some loss of bone 3 1,226 1,221
SCHEDULE 3
Article 13(1)(b)
TABLE 2
Article 11(2)

 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.   Per cent.
 1–5 6–14 15–19 1–5 6–14 15–19 1–5 6–14 15–19
 £ £ £ £ £ £ £ £ £
1 265 589 1029 529 1175 2057 1587 3527 6172
3 263 584 1022 525 1166 2041 1575 3500 6125
4 261 580 1014 521 1157 2025 1563 3473 6078
5 259 577 1008 519 1151 2015 1555 3455 6046
6 258 574 1003 516 1145 2004 1547 3437 6015
7,8 256 569 995 512 1136 1988 1535 3410 5968
9 254 565 987 508 1127 1973 1523 3383 5920
10 255 566 989 510 1130 1977 1522 3381 5912
11 255 565 988 509 1129 1974 1520 3376 5903
12 254 565 986 508 1127 1971 1518 3371 5894
13 254 564 985 508 1125 1968 1516 3366 5886
14 253 563 983 507 1124 1965 1513 3361 5877
15 253 562 982 506 1122 1962 1511 3356 5868
SCHEDULE 4
Article 13(1)(c)
PART IV

 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) £3830 per annum (maximum) £73.40 per week (maximum)

(b) under article 14(1)(a) £1915 per annum (maximum) £36.70 per week (maximum)

3 
Exceptionally severe disablement allowance under article 15 £1915 per annum £36.70 per week

4 
Severe disablement occupational allowance under article 16 £958 per annum £18.35 per week

5 
Allowance for wear and tear of clothing–
(a) under article 17(1)(a) £79 per annum £79 per annum

(b) under article 17(1)(b) & 17(2) £124 per annum £124 per annum

6 
Unemployability allowances–
(a) personal allowances under article 18(1)(a) £3107 per annum £59.55 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 or an adult dependant, under article 18(5)(b) £1758 per annum (maximum) £33.70 per week (maximum)

(ii) increase of allowance under article 18(5)(d)–(a) in respect of the only, elder or the eldest child of a member £511 per annum £9.80 per week
(b) in respect of each other child of a member £571 per annum £10.95 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 £571 per annum £10.95 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 £624 per annum £11.95 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 £391 per annum £7.50 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 £196 per annum £3.75 per week

8 
Comforts allowance–
(a) under article 20(1)(a) £819 per annum £15.70 per week

(b) under article 20(1)(b) £410 per annum £7.85 per week

9 
Allowance for lowered standard of occupation under article 21 £1912 per annum (maximum) £36.64 per week (maximum)

10 
Age allowance under article 22 where the degree of pensioned disablement is–
(a) 40 to 50 per cent. £339 per annum £6.50 per week

(b) over 50 per cent, but not exceeding 70 per cent. £522 per annum £10.00 per week

(c) over 70 per cent, but not exceeding 90 per cent. £746 per annum £14.30 per week

(d) over 90 per cent. £1044 per annum £20.00 per week

11 
Treatment allowances– increase of personal allowances under article 23(3) £1044 per annum £20.00 per week

12 
Part-time treatment allowance under article 25 £41.40 per day (maximum) £41.40 per day (maximum)

13 
Mobility supplement under article 26A £1821 per annum £34.90 per week
SCHEDULE 5
Article 13(2)(a)
PART II


TABLE 1
Article 29(1)(a)
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 4414
2 4254
3 4154
4 4064
5 4004
6 3944
7 3924
8 3894
9 3879
10 3864
11 3839

TABLE 2
Article 29(1)(a)

Group Weekly rate
(1) (2)
 £
12
13
14 £73.15
15
16
17 £72.90
TABLE 3
Article 29(1)(a)
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 4514
2 4314
3 4214
4 4114
5 4034
6 3954
7 3930
8 3894
9 3879
10 3864
11 3839

TABLE 4
Article 29(1)(b)

Group Yearly Rate
(1) (2)
 £
1 4414
2 4254
3 4154
4 4064
5 4004
6 3944
7 3924
8 1349
9 1204
10 1060
11 937
TABLE 5
Article 29(1)(b)

Group Weekly Rate
(1) (2)
 £
12
13
14 17.08
15
16
17 16.83
SCHEDULE 6
Article 13(2)(b)
PART III

 Rate
Description of Pension or Allowance Groups 1–11 Groups 12–17

1 
Pension under article 30 to unmarried dependant who lived as a spouse £3697 per annum (maximum) £70.85 per week (maximum)

2 
Rent allowance under article 31 £1448 per annum (maximum) £27.75 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 £436 per annum £8.35 per week

(b) if age 70 but under 80 £840 per annum £16.10 per week

(c) if age 80 or over £1250 per annum £23.95 per week

4 
Pension to widower under article 34 £4514 per annum (maximum) £73.15 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 £723 per annum £13.85 per week

(ii) in respect of each other child of a member £783 per annum £15.00 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 £783 per annum £15.00 per week

(b) under article 35(3)–
(i) in respect of the only, elder or eldest child of a member £806 per annum £15.45 per week

(ii) in respect of each other child of a member £866 per annum £16.60 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 £866 per annum £16.60 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 £806 per annum £15.45 per week

(b) in respect of each other child of a member £866 per annum £16.60 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 £866 per annum £16.60 per week

7 
Pension or allowance under article 37(3) to or in respect of a child over the age limit £2927 per annum (maximum) £56.10 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) £1.00 per week (maximum)
 
(ii) Group 11 £60 per annum (maximum)

(ii) where there is more than one eligible parent 
(i) Groups 1–10 £100 per annum (maximum) £1.38 per week (maximum)

(ii) Group 11 £85 per annum (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) £0.30 per week (maximum)
 
(ii) Group 11 £20 per annum (maximum)

(c) aggregate rate under article 41(3) 
(i) Groups 1–10 £75 per annum (maximum) £1.00 per week (maximum)
 
(ii) Group 11 £65 per annum (maximum)