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Locally Entered Personnel - Pensions

1948 02 27
Locally Entered Personnel - Pensions
At the Court at Buckingham Palace, the 24th day of February, 1948.

Present, The King's Most Excellent Majesty in Council.

Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 2nd day of February, 1948 (P M. 581 / 48), in tine words following, viz :-

Whereas by Section 3 of the Naval and Marine Pay and Pensions Act, 1865, it is enacted, inter alia, that all pay, pensions, or other allowances in the nature thereof, payable in respect of services in Your Majesty's Naval or Marine Force to a person being or having been an Officer, Seaman or Marine therein, shall be paid in such manner and subject to such restrictions, conditions and provisions as are from time to time directed by Order in Council:

And whereas by Orders in Council bearing dates 13th October, 1922, 16th December, 1925, 28th February, 1941, and 30th April, 1942, sanction was given inter alia, to certain scale's of pensions and gratuities to Native Petty Officers and Men other than Europeans (whether or not British subjects), who consequent on wounds, hurts or disability, are invalided from Your Majesty's Naval Service, and to the grant, at our discretion of certain scales of compensation in respect of the death of such Native ratings:

And whereas we are of opinion that these scales of compensation require amendment in certain respects:-

We beg humbly to recommend that Your Majesty may be graciously pleased, by Your Order in Council, to sanction from the 21st July, 1944, the substitution of the Schedule hereto annexed, for the Schedule annexed to Your Majesty's Order in Council of 30th April, 1942.

The Lords Commissioners of Your Majesty's Treasury, have signified their concurrence in this proposal.

Schedule

Except where otherwise stated, the provisions of this Schedule to apply in the case of all Native Ratings of the Royal Navy who are discharged from the Naval Service on or after 21st July, 1944.

The provisions of Section 'A' and 'B to be subject to review after the end of the present emergency:

Section A'

Disablement Pensions and Gratuities Allowable for attributable invaliding.

(a) (i) In cases other than those specified at (b) below, where the degree of disablement is assessed at 20 per cent. and upwards, the option of either Pension which may be awarded either temporarily or permanently according to the circumstances of the case; on the basis of a maximum scale of 20s. a week for Petty Officers, 18s 9d a week for Leading Ratings, and 17s 6d a week for Lower Ratings for total disablement (100 per cent.); lower degrees of disablement carrying proportionately reduced rates, or Gratuity on the scale laid down in the Ministry of Pensions' War Pensions (Chinese Seamen, etc) Scheme, 1944, or any Order replacing or amending that Scheme no award will be made in respect of the subsequent death of a Native rating who receives a gratuity under this option.

(ii) If the degree of disablement be assessed at less than 20 per cent, a gratuity appropriate to the degree of disability, but not exceeding 50.

(iii) The rates of disablement compensation to be subject to the conditions specified in Order in Council of the 6th February, 1922, and in substitution of those laid down for Native ratings in Order in Council of 13th October, 1922.

(b) As from 3rd July. 1945, where the rating is a native of Ceylon, and as a member of the Royal Naval Aircraft Ceylonese Training Establishment, or was a Ceylonese Radio Mechanic, or was locally entered in the Royal Navy as a Cook or Steward for shore service m Ceylon, compensation may be granted on the scale and subject to the conditions laid down for corresponding Ceylonese Military personnel, provided the rating was discharged from the Naval Service on or after 3rd September, 1939.

Section 'B'.

Pension and Gratuities to dependants of ratings whose death is attributable to Naval Service:

  1. Where the rating was a native of the Dominion of India or Pakistan, or of the Princes' States, or of Goa or was employed or engaged on terms and conditions which are customary, or are similar to those customary, in the case of such natives the widow eligible children or dependants as defined in the Scheme referred to in sub-paragraph (i) below, may be given the option of compensation:-
    1. at the rates laid down in the Ministry of Pensions' War Pensions (Indian Seamen, etc ) Scheme, 1944. or any Order replacing or amending that Scheme; or
    2. as if the deceased rating were a person to whom paragraph (c) below applied
  2. As from 3rd July, 1945, where the rating was a native of Ceylon and was a member of the Royal Naval Aircraft Ceylonese Training Establishment, or was a Ceylonese Radio Mechanic, or was locally entered in the Royal Navy as a Cook or Steward for shore service in Ceylon, compensation may be granted at the rate and under the conditions provided for dependants of corresponding Ceylonese Military personnel
  3. Where the rating was a person to whom neither of the foregoing paragraphs of this Section applies, compensation may be granted to his widow or dependant as laid down in the Ministry of Pensions' War Pensions (Chinese Seamen, etc.) Scheme, 1944, or any Order replacing or amending that Scheme, on the basis of the following classification:
  4. Chief Petty Officers and Petty Officers
    Class II.
    Leading Ratings and A B 's and equivalent ratings-
    Class III

  5. The provisions of the Order in Council of the 16th December, 1925, shall continue to apply in any case where no compensation would be payable under the foregoing provisions of this Section, or where the compensation payable under those provisions would be less beneficial than the compensation payable under that Order in Council.

The pensions and gratuities under paragraphs (a), (c) and (d) of this Section to be subject to the conditions laid down in the Order in Council dated 7th November, 1924, and to be payable in all cases of death due to the Service, whether due to a war injury (as defined in the Ministry of Pensions' Schemes) or otherwise.

Section 'C'.

Gratuities for Long Service and Non-Attributable Invaliding.

1. Long Service.

A gratuity at the rate of 15s. a year for each complete year of qualifying service, together with a rank addition of 1 and 10s. for each year as Petty Officer and Leading Rate respectively, the total award to be conditional upon Completion of 22 years' satisfactory service as for Naval ratings generally.

2 Non-Attributable Invaliding.

Subject to a minimum period of 6 years' service being rendered, a gratuity on a scale similar to the above, except that the rank addition of 1 and 10s.

a year may be allowed only for each complete year of satisfactory service in excess of 14 years rendered in the capacity of Petty Officer and/or Leading rate.

The rates of compensation to apply to all Native Ratings other than Europeans (British subjects or otherwise) and to be subject to the conditions laid down in Order in Council dated 21st March, 1924.

Section 'D'.

Gratuities for Minor Injuries for which Hurt Certificates are granted.

Gratuities may also be granted on discharge at our discretion in respect of slight permanent injury due to the Service, for which a Hurt Certificate was granted, when discharge is totally unconnected with the injury, and any other compensation awarded is based on length of service only.

His Majesty, having taken the said Memorial into consideration, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed.

And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly.
E. C. E. Leadbitter.


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