PART VI-PROVISIONS FOR SPECIAL CLASSES OF DISABLED MEMBERS

Article 43.

Re-employed officers

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Article 44.

Officers with previous commissioned service in Commonwealth forces, etc.

27

Article 67.

Commencement of this Warrant and revocation of previous Warrants..

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30

31

31

32

32

32

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33

33

33

33

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34

34

34

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First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

SCHEDULES

Assessment of disablement caused by specified injuries and of
certain other disablements ..

Table 1-Yearly rates of retired pay for disabled officers..
Table 2-Weekly rates of pensions for disabled other ranks
Table 1-Gratuities payable for specified minor injuries
Table 2--Gratuities payable to officers for disablement assessed
at less than 20 per cent., not being a minor injury
specified in Table 1
Table 3--Rates and periods of weekly allowances with terminal
gratuities (where appropriate) payable to other ranks
for disablement assessed at less than 20 per cent.,
not being a minor injury specified in Table 1

Table 1-Yearly rates of pensions for widows of officers
Table 2--Weekly rates of pensions for widows of soldiers
Widows' gratuities under Article 27

ROYAL WARRANT

Concerning Retired Pay, Pensions and other grants for Members of the Military Forces and of the Nursing and Auxiliary Services thereof disabled, and for the Widows, Children, Parents and other Dependants of such Members deceased, in consequence of service after the 2nd September, 1939.

GEORGE R.

Preamble.

WHEREAS Wc deem it expedient to make further provision concerning retired pay, pensions and other grants for members of the military forces and of the nursing and auxiliary services thereof disabled, and for the widows, children, parents and other dependants of such members deceased, in consequence of service after the 2nd September, 1939, and to provide for the administration of this Our Warrant by Our Minister of Pensions :

Our Will and Pleasure is that the following provisions of this Our Warrant shall take effect accordingly and, except in the cases stated in the Warrant of Her Majesty Queen Victoria of the 27th October, 1884, and except as otherwise provided by statute, shall be established and obeyed as the sole authority in the matters herein treated of, so, however, that the terms of any other Warrant may, if more favourable, be applied in the case of any person eligible thereunder and that no award already made to or in respect of any person under any previous Warrant shall be re-assessed to the disadvantage of that person.

PART I.-DEFINITIONS AND INTERPRETATION.

1. Definitions.In this Our Warrant the following expressions have, unless the context otherwise requires, the meanings hereby respectively assigned to them :-

(1)" adult dependant ", in relation to a member of the military forces, for the purposes of Articles 17 and 20, means

(a) a person residing in the member's home who is related to the member in any of the following ways and fulfils the following conditions, namely—

(i) a grandfather or a father (including a stepfather) who is incapable of self-support;

(ii) a grandmother or a mother (including a stepmother) who is either a widow or is married to a husband who is incapable of self-support or has never been married;

(iii) a daughter (including a stepdaughter) who has attained the child's age limit or a sister (including a half-sister or stepsister) who has attained the age of 16 years and has never been married or is married to a husband who is incapable of self-support or is a widow;

(iv) a brother (including a half-brother or stepbrother) who has attained the age of 16 years and is incapable of self-support; or

(b) an adult female person who, in the member's home, looks after any child of the member in respect of whom an allowance is being paid under Article 13, 17 or 20;

being in each case a person who is in receipt of regular and substantial support or benefit from the member :

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(2) apprentice means a person who is undergoing full time training for any trade, business, profession, employment or vocation and is receiving not more than nominal wages :

(3)

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approved institutional treatment" means approved treatment in a hospital or similar institution:

(4)" approved treatment" means a course of medical, surgical or rehabilitative treatment which it is certified that a member of the military forces should receive in consequence of any disablement in respect of which an award may be or has been made under this Our Warrant, but does not include any treatment which involves no or only occasional interruptions of the member's normal employment:

(5) "child", in relation to a member of the military forces, means--(a) a legitimate child of the member;

(b) a legitimated child of the member;

(c) an illegitimate child of the member, who did not become legitimated. upon the marriage of the member to the child's mother or father;

(d) an illegitimate child of a male member, whose mother is, or was at the date of her death, an unmarried dependant living as a wife of the member;

(e) an illegitimate child of the member, to whom subparagraph (c), (d) or (h) of this paragraph does not apply, who was born not later than nine months after the material date and who

(i) where the member is disabled, has been regularly maintained in whole or in part by the member up to the date of any award under this Our Warrant in respect of his disablement and, where the award is reviewed, up to the date of the review;

(ii) where the member is dead and the child was born before his death, was regularly maintained in whole or in part by the member up to the date of his death or, where the deceased was a male member, was the subject of an affiliation order which was in force at the date of his death ;

(f) a stepchild of the member, who, where the member is disabled, is being regularly maintained in whole or in part by him, or who, where the member is dead, was regularly so maintained by the member up to the date of his death;

(g) a legally adopted child of the member;

(h) a foster-child, that is to say, a child who

(i) was on the material date being brought up and wholly or mainly maintained by the member as his child; and

(ii) was so brought up and maintained for not less than six months (or such lesser period as the Minister may determine in the exceptional circumstances of any case) prior to the date on which the member's service terminated; and

(iii) has continued to be so maintained, where the member is disabled, up to the date of any award under this Our Warrant in respect of his disablement and, where the award is reviewed, up to the date of the review or, where the member is dead, up to the date of his death :

(6) “child's age limit ", in relation to a child or juvenile dependant of a member of the military forces, means

(a) where the member was an officer or warrant officer, class I, the age of 18 years; or

(b) in any other case, the age of 16 years

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(7) " dependent", in relation to the dependency of a person upon a deceased member of the military forces before his death, means dependent by reason of the receipt of regular and substantial support or benefit from the member(a) where his death occurred during his service, throughout the period of six months ending with his death; or

(b) in any other case, throughout the period beginning six months prior to the termination of his service and ending with his death;

or throughout such other period as the Minister may determine in the exceptional circumstances of any case :

(8) "disablement" means physical or mental injury or damage, or loss of physical or mental capacity, and "disabled" shall be construed accordingly :

(9)" eligible dependant ", in relation to a course of approved treatment, means a person who is an eligible member of the family or who would be an eligible member of the family if, for any date mentioned in paragraphs (5) and (11) of this Article, and for the date specified in paragraph (29) of this Article as the terminating date of the period therein mentioned, there were substituted the date of the commencement of that course of treatment :

(10)" eligible member of the family ", in relation to a member of the military forces, means the wife, husband, unmarried dependant living as a wife, or a child, of the member :

(11) “husband", in relation to a member of the military fòrces, means a husband whose marriage to the member took place not later than the material date, and "widower" shall be construed accordingly :

(12)" incapable of self-support ", in relation to any person, means incapable of supporting himself solely by reason of

(a) physical or mental infirmity of a permanent or prolonged nature; or (b) old age; or

(c) being a juvenile dependant :

(13)“ injury" includes wound or disease:

(14) “ juvenile dependant ", in relation to a deceased member of the military forces, means a brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild of the member, who has not attained the child's age limit:

(15)" material date ", in relation to any child of a member of the military forces to whom subparagraph (e) or (h) of paragraph (5) of this Article applies, or in relation to a husband of a member of the military forces, means the date on which the member sustained the wound or injury, or was first removed from duty on account of the disease, on which the claim under this Our Warrant in respect of his disablement or death is based, or, if there was no such occurrence, the date of the termination of his service:

Provided that, where the member suffered aggravation of the injury (being aggravation which, in the case of death, persisted until death) as a result of

service

(a) in the case of a child to whom subparagraph (e) of paragraph (5) of this Article applies, after or within nine months before the birth of the child;

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(b) in the case of a foster-child, after the date on which the member began to bring up and maintain the child as his child; or

(c) in the case of a husband, after the date of his marriage to the member; the expression "material date" in relation to that child or husband shall mean the date on which the member's service terminated :

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(16) " member of the military forces" means an officer holding a commission in, or a soldier of, Our Army, whose unit is based in the United Kingdom or the Isle of Man, but does not include

(a) a member of the Army Audit Staff who holds a commission in connection with the performance of his duties as such;

(b) a retired officer, Army pensioner or other person to whom Article 499 or Article 1127 of the Pay Warrant is applicable;

(c) a person who is by the terms of his service excluded from the benefits of this Our Warrant, or whose conditions of service include other provisions of a like nature;

(d) a person who is a member of a category or class which We may specifically exclude from the benefits of this Our Warrant ;

(e) a member of the Polish Resettlement Corps :

and, except where the context otherwise requires, any provision of this Our Warrant relating to a member of the military forces shall be construed as relating also to a woman member of the military forces and as relating to a person whose service as such a member or woman member has terminated :

(17) "member of the Territorial or Reserve Forces" means a member of the military forces who is

(a) a member of the Regular Army Reserve of Officers (including the Supplementary Reserve of Officers);

(b) a member of the Royal Army Reserve or of the Supplementary Reserve, including the Militia ;

(c) a member of the Territorial Army (including the Territorial Army Reserve of Officers);

(d) a member of the Auxiliary Territorial Service (Territorial Army), or of the Women's Royal Army Corps (Territorial Army);

(e) a member of the Territorial Army Nursing Service or the reserve thereof;

but does not include such a member of the Territorial or Reserve Forces during any period when he is embodied or mobilized :

(18)" the Minister" means Our Minister of Pensions :

(19)" officer means a member of the military forces holding a commission in Our Army, or a woman member of the military forces of officer status:

(20)" old age", in relation to any person, means the attainment of the age of 65 years by a male person or of the age of 60 years by a female person :

(21) "other dependant" in relation to a deceased member of the military forces, means a grandparent, step-parent, brother, sister, half-brother, halfsister, stepbrother, stepsister or grandchild of the member:

(22) "parent", in relation to a deceased member of the military forces,

means

(a) a person of whom the member was a legitimate, legitimated or illegitimate child; or

(b) a person who had legally adopted the member; or

(c) a person who, for a period of five years (or such lesser period as the Minister may determine in the exceptional circumstances of any case) during the minority of the member, acted in the place of a parent to, and wholly or mainly maintained, the member; or