Statutory Instruments
2013 No. 796
Pensions
The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013
Approved by both Houses of Parliament
Made
3rd April 2013
Coming into force
8th April 2013
The Secretary of State makes the following Order in exercise of the powers conferred by sections 1(2), 10(3) and (4) of the Armed Forces (Pensions and Compensation) Act 2004( 1 ).
In accordance with section 10(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013 and comes into force on 8th April 2013.
Amendment of the Transport Act 1982
2. In section 70 (payments in respect of applicants for exemption from wearing seat belts)( 2 ) of the Transport Act 1982( 3 ), in subsection (2) after paragraph (ab) insert—
“ (ac) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( S.I. 2011/517 ); ” .
Amendment of the Social Security Contributions and Benefits Act 1992
3. —(1) The Social Security Contributions and Benefits Act 1992( 4 ) is amended as follows.
(2) In section 70 (carer’s allowance)( 5 ), in subsection (2) after ‘‘standard or enhanced rate’’ insert ‘‘or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( S.I. 2011/517 )’’.
(3) In section 148 (entitlement of pensioner to Christmas bonus)( 6 ), after subsection (2) insert—
“ (2ZA) In a case where a person is entitled to a payment of armed forces independence payment, the reference in subsection (1) to section 1 of the Administration Act is to be read as a reference to article 43 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( S.I. 2011/517 ). ” .
(4) In section 150 (interpretation of Part 10)( 7 )—
(a) in subsection (1), after paragraph (bb) insert—
“ (bc) armed forces independence payment; ” ;
(b) in subsection (2), before the definition of “attendance allowance” insert—
“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( S.I. 2011/517 ); ” .
Andrew Robathan
Minister of State
Ministry of Defence
3rd April 2013
Regulation 70(2) was amended by the Welfare Reform Act 2012 (c.5) section 91, schedule 9, paragraph 1.
1992 c.4 .
Section 70 was amended by S.I 2002/1457 and 2013/388 .
There are amendments to section 148 not relevant to this Order.
Section 150 was amended by the Welfare Reform Act 2012 (c.5) section 91, schedule 9, paragraphs 3 and 6.