The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025
The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 amends the 2006 Order governing service pensions.
Key changes include updated rates for pensions, gratuities, and allowances for armed forces members disabled or killed in service before April 6, 2005.
The Order also modifies eligibility for mobility supplements, including those receiving the higher rate of the mobility component of Scottish Adult Disability Living Allowance, and simplifies the eligibility criteria.
The amendments take effect in March and April 2025, extending across England, Wales, Scotland, and Northern Ireland.
Arguments For
Improved accuracy and consistency of benefits: The order updates the rates for pensions, gratuities, and allowances, reflecting current economic conditions and ensuring fairness.
Enhanced eligibility for mobility supplements: The amendments broaden the criteria for receiving mobility supplements to include recipients of the higher rate of the mobility component of Scottish Adult Disability Living Allowance, thereby extending support to a wider range of individuals.
Streamlined administrative processes: The removal of the requirement to meet specific conditions for mobility supplements simplifies the application and approval process.
Legal basis in existing legislation: The Order is based on powers granted under the Social Security (Miscellaneous Provisions) Act 1977, providing a strong legal foundation for the changes.
Arguments Against
Potential for increased financial burden: Updating the rates for numerous benefits will likely increase the cost to the government.
Unforeseen consequences of rate adjustments: Changes to financial benefits can have complex and sometimes unintended consequences on individual recipients and the economy.
Complexity of the amendments: Amendments to several schedules and sections of the principal Order might present challenges in comprehension and implementation for both administrators and beneficiaries.
Alternative approaches: Other methods of adjusting benefits, such as adjusting living adjustments, could have been explored as potential alternative approaches.
Citation 1.
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025.
This section provides the official short title for the legal instrument: 'Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025'.
Commencement 2.
(1) This Order, subject to paragraph (2), comes into force on 21st March 2025.
(2) Articles 6 and 7 come into force on 7th April 2025.
This section specifies the effective dates.
Most of the order takes effect on March 21, 2025, while Articles 6 and 7, dealing with Schedule amendments, begin on April 7, 2025.
Extent 3.
This Order extends to England and Wales, Scotland and Northern Ireland.
This section clarifies the geographical scope of the Order's application; it applies to the entire United Kingdom.
Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 4.
The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”) is amended as follows.
This section states the purpose: to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006.
Subsequent articles detail the specific amendments.
Amendment to article 20 (mobility supplement) 5.
In article 20(1) (mobility supplement) of the principal Order—
(a) in sub-paragraph (c)(iii)—
(i) after “disability living allowance” insert “at the higher rate”;
(ii) delete “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”;
(b) after sub-paragraph (c)(v) insert—
(vi) has been in receipt of the mobility component of Scottish Adult Disability Living Allowance at the higher rate given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018; or
This section amends Article 20, concerning mobility supplements.
It adds 'at the higher rate' after 'disability living allowance' and adds Scottish Adult Disability Living Allowance as a qualifying benefit.
A complex clause is removed, simplifying the criteria.
Amendment to Schedule 1 (disablement due to service in the armed forces) 6.
In Schedule 1 to the principal Order—
(a) for the table in Part 2 substitute the table in Schedule 1 to this Order;
(b) for tables 1 and 2 in Part 3 substitute tables 1 and 2 in Schedule 2 to this Order; and
(c) for the table in Part 4 substitute the table in Schedule 3 to this Order.
This amends Schedule 1 of the 2006 Order, replacing several tables with updated versions found in Schedules 1, 2, and 3 of the current Order.
These tables contain rates and allowances for disablement due to armed forces service.
Amendment to Schedule 2 (death due to service in the armed forces) 7.
In Schedule 2 to the principal Order—
(a) for tables 1, 2, 3, 4, 5, 6 and 7 in Part 2 substitute tables 1, 2, 3, 4, 5, 6, 7 in Schedule 4 to this Order; and
(b) for the table in Part 3 substitute the table in Schedule 5 to this Order.
This section mirrors the previous one, but for Schedule 2: it updates the tables within Schedule 2 (relating to death due to armed forces service) with new tables from Schedules 4 and 5 of the current amendment.
Schedule 1 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER
Article 6(a)
"1. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE
- YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE", [Table of weekly and yearly pension rates]
Schedule 1 provides a new table replacing the existing table in Part 2 of Schedule 1 in the principal Order.
The table specifies updated weekly and yearly pension rates for disabled armed forces members, categorized into groups based on the degree of disability.
Schedule 2 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER
Article 6(b)
"Table 1 GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES", [Table of gratuities payable for specified minor injuries]
"Table 2 GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1", [Table of gratuities payable for disablement assessed at less than 20 per cent]
Schedule 2 contains two new tables to replace the existing tables in Part 3 of Schedule 1 of the principal Order.
These tables list updated gratuity amounts for minor injuries and for disablement assessed at less than 20 percent.
Schedule 3 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER
Article 6(c)
"RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS", [Table of allowance rates]
Schedule 3 presents a revised table that replaces the original table in Part 4 of Schedule 1 in the principal Order.
This updated table details the rates of various allowances, considering disablement and earnings/income thresholds.
Schedule 4 TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER
Article 7(a)
"Table 1 YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921", [Table of yearly pension rates for surviving spouses and civil partners]
"Table 2 WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN", [Table of weekly pension rates for surviving spouses and civil partners]
"Table 3 YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921", [Table of yearly pension rates for surviving spouses and civil partners]
"Table 4 YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921", [Table of yearly pension rates for surviving spouses and civil partners]
"Table 5 WEEKLY RATES OF PENSIONS FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN", [Table of weekly pension rates for childless surviving spouses and civil partners]
"Table 6 YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973", [Table of yearly supplementary pension rates for surviving spouses and civil partners]
"Table 7 WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973", [Table of weekly supplementary pension rates for surviving spouses and civil partners]
Schedule 4 replaces seven tables in Part 2 of Schedule 2 within the principal Order.
These tables detail updated pension rates for surviving spouses and civil partners of armed forces members, categorized by rank and service period.
Schedule 5 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER
Article 7(b)
"RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH", [Table of pension and allowance rates]
Schedule 5 provides a new table to replace the existing table in Part 3 of Schedule 2 of the principal Order.
This updated table sets out the revised rates for pensions and allowances payable in cases of death, excluding those for surviving spouses and civil partners.