
1 

(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994 and shall come into force for the purposes of this article, and articles 4 and 5(3) on 28th March 1994 and for all other purposes on 11th April 1994.
(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 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,184” there shall be substituted the amount “£2,236”.
3 
In article 67 of the principal Order (review of decisions, assessments and awards)—
(a) in paragraphs (1) and (2) for the reference to paragraph “(7)” there shall be substituted the reference “(6A)”;
(b) after paragraph (6) there shall be inserted the following paragraph—“
(6A) Subject to the provision in paragraph (7), nothing in this article shallbe taken to authorise the review of any assessment or decision made, given, or upheld by the Pensions Appeal Tribunal under section 8 of the War Pensions (Administrative Provisions) Act 1919 or the Pensions Appeal Tribunals Acts 1943 and 1949.”; and
(c) for paragraph (7) there shall be substituted the following paragraph—“
(7) Any assessment made, given or upheld by the Pensions Appeal Tribunal under the Pensions Appeal Tribunals Acts 1943 and 1949 may be reviewed and revised by the Secretary of State where he is satisfied by fresh medical evidence of a deterioration in the disablement in respect of which the assessment was made.”.
4 
After article 67 of the principal Order (review of decisions, assessments and awards) there shall be inserted the following articles—“
67A 

(1) Where it appears to the Secretary of State that a question arises whetheran appeal ought to be brought against the decision of a Pensions Appeal Tribunal, he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
(2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.
(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
(4) Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of a Pensions Appeal Tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.
(5) Where an application for leave to appeal against a decision of a Pensions Appeal Tribunal is made to a Pensions Appeal Tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of the Pensions Appeal Tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
(6) Where, on an appeal against a decision of a Pensions Appeal Tribunal, the court remits the matter for rehearing and determination by a Pensions Appeal Tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.
(7) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
(8) In this article—
(a) “appeal” means an appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943;
(b) “application for leave to appeal” means an application for leave to appeal in the proceedings referred to in sub-paragraph (a) above, and, in England and Wales, an application for leave to appeal under Order 101, rule 3 of the Rules of the Supreme Court 1965, in Scotland under rule 285 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 or, in Northern Ireland, under Order 101, rule 2 of the Rules of the Supreme Court (Northern Ireland) 1980;
(c) “relevant period” means the period of one month beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
67B 

(1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a court, he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
(2) Where it appears to the Secretary of State that a question arises under paragraph(1), he may only give directions that payment of the pension or gratuity in accordance with that decision besuspended within the relevant period.
(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
(4) Where the pensioner has been given notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
(5) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
(6) In this article—
(a) “appeal” means—
(i) in England, Wales and Northern Ireland an appeal to the Court of Appeal or, in Scotland, a reclaiming motion to the Inner House of the Court of Session, against the determination of an application for judicial review;
(ii) in England, Wales and Northern Ireland an appeal to the House of Lords against a decision of the Court of Appeal in an application referred to in head (i) above, or in Scotland, an appeal to the House of Lords against a decision of the Inner House of the Court of Session in a reclaiming motion in an application referred to in head (i) above;
(b) “application for leave to appeal” means an application or petition for leave to appeal as the case may be in the proceedings referred to in heads (i) and (ii) of sub-paragraph (a) above;
(c) “relevant period” means the period of three months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
67C 

(1) Where it appears to the Secretary of State that—
(a) an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a court in relation to a case (“the primary case”); and
(b) if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of pension or gratuity in that case ought to be reviewed,
he may direct that payment of the pension or gratuity under the award in the secondary case be suspended, in whole or in part—
(i) until the time limit for making an application for leave to appeal in the primary case has expired; or
(ii) if such an application is made, until such time as that application and any subsequent appeal has been determined, whichever is the later.
(2) In this article the expressions “appeal” and “application for leave to appeal” have the same meanings as they have in article 67B.”.
5 

(1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—
(a) for the Table in 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 1, 2, 3, 4 and 5 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.
(3) In Schedule 4 to the principal Order for item 27 of Part II of Schedule 4 there shall be substituted the following item—“
27 
“injury” includes wound or disease but excludes any injury due to—
(a) the use or effects of tobacco; or
(b) the consumption of alcohol;except that paragraph (a), in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if—
(i) the degree of disablement in respect of that condition has been assessed at 50% or more; and
(ii) he started or continued to use tobacco or to consume or continue to consume alcohol due to that condition:”.
N. H. Nicholls
Clerk of the Privy Council

SCHEDULE 1
Article 5(1)(a)
TABLE
Article 10
1 
WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE.
2 
YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE.

Degree of Disability Weekly rate Yearly rate
Per cent £ £
100 98.90 5161
90 89.01 4645
80 79.12 4129
70 69.23 3613
60 59.34 3097
50 49.45 2581
40 39.56 2064
30 29.67 1548
20 19.78 1032
SCHEDULE 2
Article 5(1)(b)
TABLE 1
Article 11(1)

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 4703 4673
More than 1 phalanx but not more than 2 phalages 11 3764 3739
1 phalanx or part thereof 9 3135 3115
Guillotine amputation of tip without loss of bone 5 1877 1867
Middle Finger—
More than 2 phalanges including loss of whole finger 12 4074 4049
More than 1 phalanx but not more than 2 phalanges 9 3135 3115
1 phalanx or part thereof 7 2506 2491
Guillotine amputation of tip without loss of bone 4 1568 1558
Ring or little finger—
More than 2 phalanges, including loss of whole finger 7 2506 2491
More than 1 phalanx, but not more than 2 phalanges 6 2197 2182
1 phalanx or part thereof 5 1877 1867
Guillotine amputation of tip without loss of bone 2 939 934

B 
TOES—
Great toe—
through metatarso— phalangeal joint part, with some loss of bone 143 47031248 46731243
1 other toe— through metatarso phalangeal joint part, with some loss of bone 31 1248629 1243624
2 toes, excluding great toe— through metatarso— phalangeal joint part, with some loss of bone 52 1877939 1867934
3 toes, excluding great toe— through 3 metatarso— phalangeal joint part, with some loss of bone 63 21971248 21821243
4 toes, excluding great toe— through metatarso— phalangeal joint part, with some loss of bone 93 31351248 31151243
SCHEDULE 3
Article 5(1)(b)
TABLE 2
Article 11(2)

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
 £ £ £ £ £ £ £ £ £
1 269 600 1047 538 1195 2092 1614 3588 6278
3 267 595 1040 534 1186 2076 1602 3561 6231
4 265 591 1032 530 1177 2060 1590 3534 6184
5 263 588 1026 528 1171 2050 1582 3516 6152
6 262 585 1021 525 1165 2039 1574 3498 6121
7,8 260 580 1013 521 1156 2023 1562 3471 6074
9 258 576 1005 517 1147 2008 1550 3444 6026
10 259 577 1007 519 1150 2012 1549 3442 6018
11 259 576 1006 518 1149 2009 1547 3437 6009
12 258 576 1004 517 1147 2006 1545 3432 6000
13 258 575 1003 517 1145 2003 1543 3427 5992
14 257 574 1001 516 1144 2000 1540 3422 5983
15 257 573 1000 515 1142 1997 1538 3417 5974
SCHEDULE 4
Article 5(1)(c)
PART IV

Description of Allowance Rate
 Groups 19 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) £3903 per annum (maximum) £74.80 per week (maximum)

(b) under article 14(1)(a) £1952 per annum (maximum) £37.40 per week (maximum)

3 
Exceptionally severe disablement allowance £1952 per annum £37.40 per week

4 
Severe disablement occupational allowance under article 16 £976 per annum £18.70 per week

5 
Allowance for wear and tear of clothing—
(a) under article 17(1)(a) £80 per annum £80 per annum

(b) under article 17(1)(b) & 17(2) £126 per annum £126 per annum

6 
Unemployability allowances—
(a) personal allowance under article 18(1)(a) £3188 per annum £61.10 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) £1800 per annum (maximum) £34.50 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 £574 per annum £11.00 per week

(c) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £574 per annum £11.00 per week

7 
Invalidity allowance under article 14
(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 £634 per annum £12.15 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 £397 per annum £7.60 per week

(c) If heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a woman under the age of 55 £198 per annum £3.80 per week

8 
Comforts allowance—
(a) under article 20(1)(a) £835 per annum £16.00 per week

(b) under article 20(1)(b) £417 per annum £8.00 per week

9 
Allowance for lowered standard of occupation under article 21 £1945 per annum £37.28 per week

10 
Age allowance under article 22 where the degree of pensioned disablement is—
(a) 40 to 50 per cent £344 per annum £6.60 per week

(b) over 50 per cent, but not exceeding 70 per cent £532 per annum £10.20 per week

(c) over 70 per cent, but not exceeding 90 per cent £759 per annum £14.55 per week

(d) over 90 per cent £1064 per annum £20.40 per week

11 
Treatment allowances— increase of personal allowances under article 23(3) £1064 per annum £20.40 per week

12 
Part-time treatment allowance under article 25 £43.90 per day (maximum) £43.90 per day (maximum)

13 
Mobility supplement under article 26A £1855 per annum £35.55 per week
SCHEDULE 5
Article 5(2)(a)
PART II
TABLE 1
Article 29(1)(a)

Group Yearly rate
(1) (2)
 £
1 4520
2 4357
3 4255
4 4163
5 4102
6 4041
7 4021
8 3990
9 3975
10 3960
11 3934
TABLE 2
Article 29(1)(a)

Group Weekly rate
(1) (2)
 £
12, 13, 14, 15, 16 } 74.95
17 74.70
TABLE 3
Article 29(1)(a)

Group Yearly rate
(1) (2)
 £
1 4621
2 4418
3 4316
4 4214
5 4133
6 4051
7 4027
8 3990
9 3975
10 3960
11 3934
TABLE 4
Article 29(1)(b)

Group Yearly rate
(1) (2)
 £
1 4520
2 4357
3 4255
4 4163
5 4102
6 4041
7 4021
8 1385
9 1236
10 1088
11 962
TABLE 5
Article 29(1)(b)

Group Weekly rate
(1) (2)
 £
12, 13, 14, 15, 16 } 17.54
17 17.28
SCHEDULE 6
Article 5(2)(b)
PART III

Description of Allowance Rate
 Groups 1-11 Groups 12-17

1 
Pension under article 30 to unmarried dependant who lived as a spouse £3791 per annum (maximum) £72.65 per week (maximum)

2 
Rent allowance under article 31 £1474 per annum £28.25 per week

3 
Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse—
(a) if age 65 but under 70 £444 per annum £8.50 per week

(b) if age 70 but under 80 £856 per annum £16.40 per week

(c) if age 80 or over £1273 per annum £24.40 per week

4 
Pension to widower under article 34 £4621 per annum £74.95 per week

5 
Allowances in respect of children—
(a) under article 35(1)—
(i) in respect of the only, elder or eldest child of a member £725 per annum £13.90 per week

(ii) in respect of each other child of a member £788 per annum £15.10 per week

(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act £788 per annum £15.10 per week

(b) under article 35(3)—
(i) in respect of the only, elder or eldest child of a member £809 per annum £15.50 per week

(ii) in respect of each other child of a member £871 per annum £16.70 per week

(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £871 per annum £16.70 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 £809 per annum £15.50 per week

(b) in respect of each other child of a member £871 per annum £16.70 per week

(c) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £871 per annum £16.70 per week

7 
Pension or allowance under article 37(3) to or in respect of a child over the age limit £3006 per annum (maximum) £57.60 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)
(ii) Group 11 £60 per annum (maximum) £1.00 per week (maximum)

(ii) where there is more than one eligible parent 
(i) Groups 1-10 £100 per annum (maximum)
(ii) Group 11 £85 per annum (maximum) £1.38 per week (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 £0.30 per week (maximum)
(ii) Group 11 £20 per annum (maximum) £26 per annum(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)