
1 

(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995 and shall come into force on 10th April 1995.
(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 “£2,236” there shall be substituted the amount “£2,288”.
3 
At the end of head (iii) of sub-paragraph (1)(c) of article 26A of the principal Order (mobility supplement) there shall be added the word “, or” followed by the following head—“
(iv) has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.”.
4 
Article 29 of the principal Order (pensions to widows) shall be amended as follows—
(a) in paragraph (1A) for the amount “£48.70” there shall be substituted the amount “£49.77”;
(b) paragraph (2) shall be omitted.
5 
In paragraph (1) of article 67A of the principal Order (suspension in individual cases— Pensions Appeal Tribunal) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
6 
In article 67B(1) of the principal Order (suspension in individual cases— courts) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
7 

(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.
N. H. Nicholls
Clerk of the Privy Council

SCHEDULE 1
Article 7(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 £ £
100 101.10 5,275
90 90.99 4,748
80 80.00 4,220
70 70.77 3,693
60 60.66 3,165
50 50.55 2,638
40 40.44 2,110
30 30.33 1,583
20 20.22 1,055
SCHEDULE 2
Article 7(1)(b)
TABLE 1
Article 11(1)

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

A 
FINGERS—

 Index Finger—

 More than 2 phalanges including loss of whole finger 14 4,808 4,778

 More than 1 phalanx but not more than 2 phalages 11 3,848 3,823

 1 phalanx or part thereof 9 3,205 3,185

 Guillotine amputation of tip without loss of bone 5 1,919 1,909

 Middle Finger—

 More than 2 phalanges including loss of whole finger 12 4,165 4,140

 More than 1 phalanx but not more than 2 phalanges 9 3,205 3,185

 1 phalanx or part thereof 7 2,562 2,547

 Guillotine amputation of tip without loss of bone 4 1,603 1,593

 Ring or little finger—

 More than 2 phalanges, including loss of whole finger 7 2,562 2,547

 More than 1 phalanx, but not more than 2 phalanges 6 2,246 2,231

 1 phalanx or part thereof 5 1,919 1,909

 Guillotine amputation of tip without loss of bone 2 960 955

B 
TOES—

 Great toe—

 through metatarso—phalangeal joint 14 4,808 4,778

 part, with some loss of bone 3 1,276 1,271

 1 other toe—

 through metatarso—phalangeal joint 3 1,276 1,271

 part, with some loss of bone 1 643 638

 2 toes, excluding great toe—

 through metatarso—phalangeal joint 5 1,919 1,909

 part, with some loss of bone 2 960 955

 3 toes, excluding great toe—

 through metatarso—phalangeal joint 6 2,246 2,231

 part, with some loss of bone 3 1,276 1,271

 4 toes, excluding great toe—

 through metatarso—phalangeal joint 9 3,205 3,185

 part, with some loss of bone 3 1,276 1,271
SCHEDULE 3
Article 7(1)(b)
TABLE 2
Article 11(2)

Group Estimated duration of the disablement within the degree referred to
 Temporary less than a year Per cent.
 1-5 £ 6-14 £ 15-19 £
     Temporary more than a year Per cent.
    1-5 £ 6-14 £ 15-19 £
       Indeterminate Per cent.
       1-5 £ 6-14 £ 15-19 £
1 275 612 1,070 549 1,220 2,137 1,649 3,665 6,413
3 273 607 1,063 545 1,211 2,121 1,637 3,638 6,366
4 271 603 1,055 541 1,202 2,105 1,625 3,611 6,319
5 269 600 1,049 539 1,196 2,095 1,617 3,593 6,287
6 268 597 1,044 536 1,190 2,084 1,609 3,575 6,256
7,8 266 592 1,036 532 1,181 2,068 1,597 3,548 6,209
9 264 588 1,028 528 1,172 2,053 1,585 3,521 6,161
10 265 589 1,030 530 1,175 2,057 1,584 3,519 6,153
11 265 588 1,029 529 1,174 2,054 1,582 3,514 6,144
12 264 588 1,027 528 1,172 2,051 1,580 3,509 6,135
13 264 587 1,026 528 1,170 2,048 1,578 3,504 6,127
14 263 586 1,024 527 1,169 2,045 1,575 3,499 6,118
15 263 585 1,023 526 1,167 2,042 1,573 3,494 6,109
SCHEDULE 4
Article 7(1)(c)
PART IV

Description of Allowance Rate
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) £3987 per annum (maximum) £76.40 per week (maximum)

(b) under article 14(1)(a) £1993 per annum (maximum) £38.20 per week (maximum)

3 
Exceptionally severe disablement allowance under article 15 £1993 per annum £38.20 per week

4 
Severe disablement occupational allowance under article 16 £997 per annum £19.10 per week

5 
Allowance for wear and tear of clothing—

(a) under article 17(1)(a) £82 per annum £82 per annum

(b) under article 17(1)(b) & 17(2) £129 per annum £129 per annum

6 
Unemployability allowances—

(a) personal allowance under article 18(1)(a) £3,259 per annum £62.45 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) £1839 per annum (maximum) £35.25 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 £514 per annum £9.85 per week
(b) in respect of each other child of a member £577 per annum £11.05 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 £577 per annum £11.05 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 £647 per annum £12.40 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 £407 per annum £7.80 per week

(c) If heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a woman under the age of 55 £204 per annum £3.90 per week

8 
Comforts allowance—

(a) under article 20(1)(a) £856 per annum £16.40 per week

(b) under article 20(1)(b) £428 per annum £8.20 per week

9 
Allowance for lowered standard of occupation under article 21 £1989 per annum £38.12 per week

10 
Age allowance under article 22 where the degree of pensioned disablement is—

(a) 40 to 50 per cent £352 per annum £6.75 per week

(b) over 50 per cent, but not exceeding 70 per cent £543 per annum £10.40 per week

(c) over 70 per cent, but not exceeding 90 per cent £775 per annum £14.85 per week

(d) over 90 per cent £1085 per annum £20.80 per week

11 
Treatment allowances — increase of personal allowances under article 23(3) £1085 per annum £20.80 per week

12 
Part-time treatment allowance under article 25 £46.50 per day (maximum) £46.50 per day (maximum)

13 
Mobility supplement under article 26A £1,897 per annum £36.35 per week
SCHEDULE 5
Article 7(2)(a)
PART II


TABLE 1
Article 29(1)(a)

Group Yearly rate
 £
1 4,619
2 4,453
3 4,349
4 4,255
5 4,192
6 4,130
7 4,109
8 4,078
9 4,062
10 4,047
11 4,021
TABLE 2
Article 29(1)(a)

Group Weekly rate
(1) (2)
 £
12, 13, 14, 15, 16} 76.60
17 76.35
TABLE 3
Article 29(1)(a)

Group Yearly rate
 £
1 4,723
2 4,515
3 4,411
4 4,307
5 4,224
6 4,140
7 4,116
8 4,078
9 4,062
10 4,047
11 4,021
TABLE 4
Article 29(1)(b)

Group Yearly rate
 £
1 4,619
2 4,453
3 4,349
4 4,255
5 4,192
6 4,130
7 4,109
8 1,415
9 1,263
10 1,112
11 983
TABLE 5
Article 29(1)(b)

Group Weekly rate
(1) (2)
 £
12, 13, 14, 15, 16} 17.93
17 17.66
SCHEDULE 6
Article 7(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  £3,877 per annum (maximum) £74.30 per week (maximum)

2 
Rent allowance under article 31 £1505 per annum (maximum) £28.85 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 £454 per annum £8.70 per week

(b) if age 70 but under 80 £874 per annum £16.75 per week

(c) if age 80 or over £1302 per annum £24.95 per week

4 
Pension to widower under article 34 £4,723 per annum (maximum) £76.60 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 £731 per annum £14.00 per week

(ii) in respect of each other child of a member £793 per annum £15.20 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 £793 per annum £15.20 per week

(b) under article 35(3)—

(i) in respect of the only, elder or eldest child of a member £817 per annum £15.65 per week

(ii) in respect of each other child of a member £879 per annum £16.85 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 £879 per annum £16.85 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 £817 per annum £15.65 per week

(b) in respect of each other child of a member £879 per annum £16.85 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 £879 per annum £16.85 per week

7 
Pension or allowance under article 37(3) to or in respect of a child over the age limit £3,071 per annum (maximum) £58.85 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 £26 per annum (maximum)
(ii) Group 11 £20 per annum (maximum) £0.30 per week (maximum)

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