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(a) in paragraph (1) before "Where a member" insert "Subject to paragraph (3),";

(b) for paragraph (2)(b) substitute - 


" (b) the death of the member occurred whilst, in respect of the disablement which gives rise to an award under this Order, he was receiving in-patient treatment in a hospital or similar institution, under the National Health Service Act 1977[6], the National Health Service (Scotland) Act 1978[7], the National Health Service and Community Care Act 1990[8], any corresponding enactment having effect in Northern Ireland, or in a hospital or similar institution maintained or administered by the Defence Council;"; and



(c) at the end add - 

    " (3) For the purposes of this article "reasonable funeral expenses" means expenses which the Secretary of State considers reasonable in relation to any of the following items, and after deduction of any amount payable in respect of death benefit in the Isle of Man or any of the Channel Islands - 


(a) necessary documentation;

(b) transportation of the body but only within the British Islands and the Republic of Ireland;

(c) travelling costs of one return journey within the British Islands and the Republic of Ireland, by the responsible person to arrange and attend the funeral;

(d) funeral director's fees and disbursements including the cost of an ordinary coffin;

(e) transportation of the coffin and bearers and the cost of one other car;

(f) funeral ceremony fees;

(g) cemetery or cremation fees;

(h) the cost of flowers from the person responsible for the funeral up to £75; or

(i) up to £75 for extra costs because of the religion of the deceased member.".


Amendment of article 54

     13. In article 54 (interpretation of Part VI) - 

(a) in paragraph (1) omit "56,"; and

(b) in paragraph (2) insert after "(6)," "67A, 67B, 67C".

Amendment of article 56

     14. For article 56 (maintenance in hospital or an institution) substitute - 

     " 56.  - (1) This article applies where any person is receiving or has received or is regarded as receiving or having received free in-patient treatment, or (otherwise than for the purpose of undergoing medical or other treatment) is being or has been maintained in an institution which is supported wholly or partly out of public funds, or in which he is being or has been maintained pursuant to arrangements made by the Secretary of State.

    (2) Subject to paragraph (3), in relation to any person to or in respect of whom a pension has been awarded, the Secretary of State may deduct such amount as he may think fit having regard to all the circumstances of the case from the pension payable in respect of the period during which the treatment is received or regarded as received or, as the case may be, during which the person is being so maintained.

    (3) Subject to paragraph (4), in relation to any person to or in respect of whom an allowance or pension listed in the Table in Schedule 7 has been awarded, the Secretary of Sate may make deductions in respect of the allowance or pension in column 1 of that Table from the date and at the relevant rate specified opposite the allowance or pension in columns 2 and 3 respectively of that Table.

    (4) For the purposes of paragraph (3) and Schedule 7, any separate periods of time spent as set out in paragraph (1) shall be treated as a continuous period of time where there is less than 28 days between each such period and for this purpose periods of time spent as set out in paragraph (1) before 9th April 2001 may be aggregated with periods so spent after that date.

    (5) For the purposes of this article, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient - 


(a) in a hospital or similar institution under the National Health Service Act 1977, the National Health Service (Scotland) Act 1978, the National Health Service and Community Care Act 1990, or any corresponding enactment having effect in Northern Ireland; or

(b) in a hospital or similar institution maintained or administered by the Defence Council,



and such a person shall for the purposes of sub-paragraph (a) or (b) be regarded as being maintained free of charge in a hospital or similar institution unless his accommodation and services are provided under section 65 of the National Health Service Act 1977[9], section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978[10], paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990, or any corresponding enactment having effect in Northern Ireland or unless he is paying or has paid for any period, in respect of his maintenance, charges which are designed to cover the whole cost of the accommodation or services (other than services by way of treatment) provided for him in the hospital or similar institution for that period.

    (6) For the purposes of this article "pension" means any retired pay or pension under this Order or a 1919 to 1921 instrument and "allowance" means any allowance under this Order or a 1919 to 1921 instrument.".

(a) for paragraph (2) substitute - 

    " (2) A pension which may be or has been awarded to or in respect of a child of a member of the armed forces may be reduced by the amount of any contributions to the support of the child which are being made by, or which it would be reasonably practicable to obtain from any parent not living in the same household with the child."; and

(b) omit paragraph (3).

Amendment of article 61

     16. In article 61(1) (administration of pensions, etc) - 

(a) in sub-paragraph (c) after "institution" insert "or hospital"; and

(b) in sub-paragraph (d) omit "or has been restored".

Amendment of article 62

     17. In article 62 (forfeiture of pensions etc.) - 

(a) in paragraph (1) - 


(i) omit "during the 1914 World War or after 2nd September 1939"; and

(ii) in sub-paragraph (a) for "or other young offenders institution" substitute "or, in Scotland, a young offenders institution or, in Northern Ireland, a young offenders centre";



(b) for paragraph (2) substitute - 

    " (2) Where the Secretary of State is satisfied that a dependant will suffer hardship where a pension is withheld or forfeited under paragraph (1), the Secretary of State may pay, with the pensioner's consent, up to half of the pension awarded under article 10 to the pensioner's spouse, to an unmarried dependant of the pensioner or to anyone lawfully entitled to give a good receipt in respect of monies payable to the pensioner's dependant."; and

(c) after paragraph (2) add - 

    " (3) When paragraph (1) ceases to apply, the Secretary of State may award to the pensioner a sum not exceeding an amount calculated by reference to the number of weeks for which the pension was withheld or forfeited under paragraph (1), or 52 weeks, whichever is the lesser, and after the deduction of any amount paid under paragraph (2).".

(a) in paragraph (1) before "(3)" insert "(2A)", for "paragraphs (6A) and (8)" substitute "paragraph (8)" and in paragraph (2) omit "(6A),";

(b) after paragraph (2) insert - 

    " (2A) 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 Act 1943 and 1949 may be reviewed by the Secretary of State at any time if the Secretary of State is satisfied that there has been a relevant change of circumstances since the assessment or decision was made, including any improvement or deterioration in the disablement in respect of which the assessment was made.";

(c) in paragraph (3) for "paragraphs (7) and (8)" substitute "paragraph (8)";

(d) in paragraph (3)(b) omit "in the case of an interim assessment";

(e) omit paragraphs (6A) and (7); and

(f) in paragraph (7A), omit ", in the case of the member being a man, or 60, in the case of the member being a woman".

Amendment of Schedule 1

     19. Schedule 1 (rates of retired pay, pensions, gratuities and allowances in respect of disablement due to service in the armed forces) shall be amended as follows - 

(a) for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;

(b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order; and

(c) for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.

Amendment of Schedule 2

     20. In Schedule 2 (rates of provisions and allowances in respect of death due to service in the armed forces) - 

(a) for Tables 1, 2, 3, 4 and 5 of Part II substitute the Tables set out in Schedule 6 to this Order; and

(b) for Part III substitute the Part set out in Schedule 7 to this Order.

Amendment of Schedule 3

     21. In paragraph 1 of Schedule 3 (commencing dates of awards) - 

(a) omit sub-paragraphs (2)(d) and (4)(c);

(b) for sub-paragraph (4)(ii) substitute "(ii) except where sub-head (i) applies, the date of notification of a decision on the claim or review.";

(c) in sub-paragraph (6) before "Where" insert "Subject to sub-paragraph (6A),"; and

(d) after sub-paragraph (6) insert - 

    " (6A) Where an award is reviewed as a result of a decision ("the original decision") which arose from an official error, the reviewed decision shall take effect from the effective date of the original decision and for this purpose "official error" means an error made by the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.".

     22. In paragraph 4 of Schedule 3 omit sub-paragraph (a).

     23. In paragraph 5 of Schedule 3 - 

(a) in sub-paragraph (a) insert "or" between "claim" and "an application" and omit "or, as the case may be, an application for an appeal"; and

(b) in the full-out words for "claim, application" substitute "claim or date of application" and omit "or application for an appeal".

     24. In paragraph 10 of Schedule 3 - 

(a) for sub-paragraph (a) substitute - 


" (a) he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay;";



(b) in sub-paragraph (b) for "error" substitute "act or omission"; and

(c) in the full-out words for "claim, date" substitute "claim or date" and omit "or application for an appeal".



Amendment of Schedule 4

     25. In Schedule 4 (glossary of expressions) - 

(a) for item 15 (definition of "adopted") substitute - 

(b) for item 19 (definition of "child") substitute - 

19

"child"

in relation to a member of the armed forces, a child with respect to whom the member - " (a) is in law the mother or father of the child, including by adoption; (b) is the child's step parent; or (c) is the child's foster parent within the meaning in the Children Act 1989[13] or, in Scotland, the Foster Children (Scotland) Act 1984;[14] and in each case the member -  (i) is regularly maintaining him or contributing to his maintenance or could reasonably be expected to do so; (ii) where the member has died, was regularly maintaining him or contributing to his maintenance up to the date of his death or could reasonably have been expected to do so; or (iii) where the child was unborn at the date of the member's death, would have so maintained him or contributed to his maintenance. "; and

(c) for item 50 (definition of "student") substitute - 

50

"student"

a person who is aged less than 19 and attending a full-time course of education at a school, university or college, or any other educational establishment recognised by the Secretary of State as being of comparable status, and for the purpose of this Order a person may continue to be a student for a period of up to 13 weeks after he ceases to attend such a course and before he reaches the age of 19 as the Secretary of State may in any particular case determine.".

     26. After Schedule 6 add as Schedule 7 the Schedule which is set out in Schedule 8 to this Order.

[2] 1977 c. 5.back

[3] 28 & 29 Vict c. 73.back

[4] 47 & 48 Vict c. 55.back

[5] 7 & 8 Geo 5 c. 51.back

[6] 1977 c. 49.back

[7] 1978 c. 29.back

[8] 1990 c. 19.back

[9] Section 65 was substituted by section 7(10) of the Health and Medicines Act 1988 (c. 49) and amended by sections 25 and 66(1) of, and paragraph 18(4) of Schedule 9 to, the National Health Service and Community Care Act 1990, and section 2(1) of, and paragraph 38 of Schedule 1 to, the Health Authorities Act 1995 (c. 17).back

[10] Schedule 7A was amended by Schedule 1 to the Health Authorities Act 1995 and sections 46 and 49 of, and Schedules 4 and 5 to, the Health Act 1999 (c. 8) and section 58(3) was repealed by Schedule 7 to the Health Services Act 1980 (c. 53).back

[11] 1976 c. 36.back

[12] 1978 c. 28.back

[13] 1989 c. 41.back

[14] 1984 c. 56.back

[15] 1992 c. 4.back

 © Crown copyright 2001