The War Pensions (Mercantile Marine) Scheme 1964

PART VMISCELLANEOUS AND GENERAL PROVISIONS

Prevention of double payments

21.—(1) Where the Minister is satisfied that a payment (not being a payment in respect of the expenses incurred in connection with a funeral) has been or will be made under an enactment or Order in Council to which this Article applies in respect of an injury which results in disablement or death, no award of a pension, allowance or gratuity in respect of that disablement or death shall be made under this Scheme or under the Naval Order as applied by this Scheme, and any such award which has been made shall be cancelled:

Provided that, where the Minister is satisfied that, in respect of any period, the aggregate annual value of the payments which are being or will be made under the first of the said enactments falls short of the aggregate annual value of the payments which, but for the foregoing provisions of this Article, would have been made in respect of that period under this Scheme or under the Naval Order as applied by this Scheme, the Minister may make such awards under this Scheme or under the Naval Order as applied by this Scheme as he may consider appropriate in order to make good the deficiency.

(2) The enactments and Orders in Council to which this Article applies are—

(a)section 1 of the Superannuation Act 1887, as amended by section 11 of the Superannuation Act 1935, or by section 9 of the Superannuation Act (Northern Ireland) 1935;

(b)section 41 or 56 of the Superannuation Act 1949;

(c)section 665 of the Merchant Shipping Act 1894, as extended by the Superannuation (Various Services) Act 1938;

(d)any Order in Council relating to pensions for men serving in Admiralty Yard craft or to pensions for officers of the Royal Fleet Auxiliaries;

(e)any enactment relating to persons in the service of a local lighthouse authority within the meaning of the Merchant Shipping Acts 1894 to 1949.

Modification of awards in certain cases

22.—(1) The rate or amount of any pension, allowance, gratuity or funeral grant which may be awarded under this Scheme or under the Naval Order as applied by this Scheme to or in respect of a person to whom this Article applies may be reduced to such extent as the Minister may consider appropriate, and (unless the Minister, having regard to any circumstances which seem to him relevant, otherwise directs in relation to a person coming within paragraph (2)( c) or (d) of this Article) shall not exceed two-thirds of the rate or amount which, but for this Article, would have been applicable.

(2) This Article applies to—

(a)any person ordinarily resident outside the United Kingdom who, for the performance of his duties in the service, employment or engagement by virtue of which his case comes within this Scheme, was receiving or due to receive remuneration which is shown to the satisfaction of the Minister to be substantially lower than the remuneration customary in the case of a person ordinarily resident in the United Kingdom who undertakes in the United Kingdom to perform similar duties;

(b)any member of the family of a person coming within subparagraph ( a) of this paragraph;

(c)any person whose country of origin is one where the standards of remuneration applicable for his employment are shown to the satisfaction of the Minister to be substantially lower than the standards of remuneration applicable in the United Kingdom for similar employment, and who is resident in that country or in some other country where the standards of remuneration applicable for his employment are shown to the satisfaction of the Minister to be substantially lower than the standards of remuneration applicable in the United Kingdom for similar employment;

(d)any member of the family of a person whose country of origin is as aforesaid, being a member of the family who is resident in the said country or in some other country such as aforesaid.

(3) Where, by virtue of any arrangements made with the Government of the United Kingdom, liability for the payment of a pension or allowance of equivalent standard to or in respect of any person is assumed by the Government of India or the Government of Pakistan any award made to or in respect of that person, as modified under the provisions of paragraphs (1) and (2) of this Article, shall thereupon cease to have effect.

(4) For the purposes of this Article, a pension or allowance of equivalent standard means a pension or allowance payable at a rate and subject to conditions not less favourable than the rate at which and the conditions subject to which a pension or allowance was payable to or in respect of a person immediately before the date from which liability for payment thereof is assumed in accordance with any arrangements referred to in paragraph (3) of this Article.

Enemy subjects and persons resident in enemy occupied territory

23.  The Minister may withhold or cancel an award of a pension, allowance, gratuity or funeral grant under this Scheme or under the Naval Order as applied by this Scheme if he is satisfied that the person to or in respect of whom that pension, allowance, gratuity or funeral grant may be or has been awarded, possessed the nationality of or resided (otherwise than by reason of compulsion) in, or in any of the possessions of, or in any territory occupied by, any state at a time when it was at war with Her Majesty.

Power to award lump sum payments

24.  Where, in the case of any person to whom a pension or allowance may be or has been awarded under this Scheme or under the Naval Order as applied by this Scheme, the Minister is satisfied that the payment of a lump sum in lieu of that pension or allowance is justified by the circumstances of the case, the Minister may award to that person such a lump sum as aforesaid, and any reference in this Scheme or in the Naval Order as applied by this Scheme to a gratuity shall be construed as including a reference to a lump sum awarded under this Article.

Invalidity of assignments

25.  Any assignment or charge, and any agreement to assign or charge, any pension, allowance, gratuity or funeral grant which may be or has been awarded under this Scheme or under the Naval Order as applied by this Scheme shall, for the purposes of this Scheme, be void.

Determination of medical questions

26.  The provisions of the Naval Order as applied by this Scheme shall apply in relation to any medical question which arises under this Scheme in like manner as they apply in relation to any matter which is required by the Naval Order to be certified and which involves a medical question.

Declarations and certificates

27.—(1) Any person to whom a pension, allowance or gratuity has been awarded under this Scheme or under the Naval Order as applied by this Scheme, and any person to whom payment of that pension, allowance or gratuity is to be made, shall, if and when required by the Minister so to do, subscribe such declaration as the Minister may from time to time direct.

(2) Where a declaration is subscribed under paragraph (1) of this Article by a person who is not the person to whom the pension, allowance or gratuity has been awarded, there shall be furnished, if and when required by the Minister, such certificate as the Minister may from time to time direct.

(3) If such a declaration or certificate as may have been required by the Minister under this Article to be subscribed or furnished is not subscribed or furnished, payment of the pension, allowance or gratuity shall be withheld until the requirements of the Minister under this Article have been satisfied.

Administration of Scheme

28.—(1) The Minister shall be the sole administrator of this Scheme and, subject to the provisions of the Pensions Appeal Tribunals Acts 1943 and 1949, all questions with respect to the effect or operation of this Scheme shall be determined by the Minister and his decision thereon shall be final and conclusive.

(2) The Minister may make regulations for giving effect to the purposes of this Scheme.

Revocation of previous Schemes and transitional provisions

29.—(1) Subject to the provisions of this Article, the War Pensions (Mercantile Marine) Scheme 1949(1) and the War Pensions (Mercantile Marine) (Amendment) Scheme 1963(2) are hereby revoked.

(2) Any thing made or done under or in pursuance of any provision herein-before revoked shall be deemed to have been made or done under or in pursuance of the corresponding provision of this Scheme, and anything begun under any provision so revoked may be continued under this Scheme as if begun under this Scheme.

(3) (a) Where, immediately before the coming into operation of this Scheme, an allowance granted under Article 12(4) of the Naval Order of 4th June 1946(3) as applied by the War Pensions (Mercantile Marine) (Amendment) Scheme 1946(4), as amended by the War Pensions (Mercantile Marine) (Amendment) Scheme 1948(5), in respect of an unmarried dependant living as a wife of a member of the Merchant Navy was being paid, that allowance may be continued until the conditions for the grant of an allowance under the said Article cease to be fulfilled;

(b)where an allowance has been continued by virtue of subparagraph (a) of this paragraph until the death of the member of the Merchant Navy, an award may be made under Article 28 of the Naval Order of 4th June 1946 as applied by the War Pensions (Mercantile Marine) Scheme 1946, as amended by the War Pensions (Mercantile Marine) (Amendment) Scheme 1948, if and for so long as the conditions for an award under that Article are fulfilled;

(c)an award may be continued under Article 28(4) of the Naval Order of 4th June 1946 as applied by the War Pensions (Mercantile Marine) Scheme 1946, as amended by the War Pensions (Mercantile Marine) (Amendment) Scheme 1948, to an unmarried dependant living as a wife if, immediately before the coming into operation of this Scheme, she was in receipt of a pension under Article 28(2) or 28(3) of the said Naval Order as so applied and, on the expiration of the period of 12 months beginning with the date of the member's death, or at the date when she ceases to have in her charge a child of the member and to receive an allowance in respect of that child under the provisions of Part IV of the Naval Order as applied by this Scheme, as the case may be, she is in pecuniary need and incapable of self-support.

(4) Any relevant provision of this Scheme or of the Naval Order as applied by this Scheme shall, as from the commencing date of this Scheme, apply to any case where the disablement or death of a member of the Merchant Navy, a member of the sea fishing service, a member of the pilotage service, a member of the light vessel service or a salvage worker was directly attributable to a qualifying injury sustained or detention suffered on or after 3rd September 1939, but before that commencing date, whether or not an award has been made under any previous Scheme.

(5) In this Article, the expression “unmarried dependant living as a wife” has the same meaning as in the Naval Order as applied by this Scheme.