Veterans Advisory and Pensions Committees Bill

1 Veterans advisory and pensions committees

After Part 16A of the Armed Forces Act 2006 (armed forces covenant report)
insert—

“Part 16B
Veterans advisory and pensions committees

343C Establishment and functions of veterans advisory and pensions
committees

(1)

The Secretary of State may by regulations establish committees, to be
known as veterans advisory and pensions committees, for areas
specified in the regulations.

(2)

The regulations may, in particular, include provisions about—

(a)

membership of committees;

(b)

appointment and removal of members;

(c)

period and terms of membership.

(3)

The regulations may give the committees functions relating to one or
more of the following—

(a)

former members of the armed forces;

(b)

family members of former members;

(c)

services provided by the Ministry of Defence to former
members of the armed forces or family members of former
members;

(d)

armed forces covenant matters relating to former members of
the armed forces or family members of former members;

(e)

war pensioners;

(f)

war pensions;

(g)

AFCS benefit recipients;

(h)

AFCS benefits.

(4)

The regulations may include provisions about the way in which the
committees are to perform their functions.

(5)

The regulations may provide for the committees to have names
specified in the regulations (as well as being known as veterans
advisory and pensions committees).

(6)

In this section—

“
AFCS benefit” means a benefit payable under an armed and
reserve forces compensation scheme established by order under
section 1(2) of the Armed Forces (Pensions and Compensation)
Act 2004;

“
AFCS benefit recipient” means a person in receipt of an AFCS
benefit, in the person’s capacity as such;

“
armed forces covenant matter”, in relation to a former member
of the armed forces or a family member of a former member,
means any matter relating to effects of former membership of
the armed forces on the former member or the family
member—

(a)

in the fields of healthcare, education or housing,

(b)

in the operation of inquests, or

(c)

in any other field that the Secretary of State could
determine under section 343A(2)(c);

“
family member of a former member” means a person who, in
relation to a former member of the armed forces, is a person
prescribed by regulations under section 343B(4A);

“
former member of the armed forces” means a former member
of any of His Majesty’s forces who is ordinarily resident in the
United Kingdom;

“
war pension” means—

(a)

any pension or other benefit, payable otherwise than
under an enactment, for or in respect of a person who
has died or been disabled in consequence of service as
a member of the armed forces of the Crown,

(b)

any pension or benefit awarded under—

(i)

the Personal Injuries (Emergency Provisions) Act
1939,

(ii)

the Pensions (Navy, Army, Air Force and
Mercantile Marine) Act 1939, or

(iii)

the Polish Resettlement Act 1947,

(c)

any pension or other payment which constitutes an
obligation of a kind mentioned in section 4(1) of the
Statute Law Revision Act 1958 (seamen and fishermen
killed or injured in the 1914-1918 war), or

(d)

any other pension or benefit which is specified in
regulations made by the Secretary of State,

but does not include any pension or benefit administered by
the Defence Council or the Commissioners for the Royal
Hospital for Soldiers at Chelsea, or any pension or benefit
administered by the Secretary of State for Defence (except one
administered by the Secretary of State in the exercise of
functions transferred to the Secretary of State from the Secretary
of State for Work and Pensions);

“
war pensioner” means a person in receipt of a war pension, in
the person’s capacity as such.”

2 Consequential provision

(1)

In consequence of section 1 —

(a)

omit section 25 of the Social Security Act 1989 (war pensions
committees) and the italic heading before it;

(b)

in section 3 of the War Pensions Act 1921 (constitution of central
advisory committee), for “under section 25 of the Social Security Act
1989” substitute “under section 343C of the Armed Forces Act 2006”;

(c)

in section 9 of the Chronically Sick and Disabled Persons Act 1970
(central advisory committee on war pensions), in subsection (1), for
“by regulations under section 25 of the Social Security Act 1989”
substitute “by regulations under section 343C of the Armed Forces
Act 2006”;

(d)

in the Social Security Administration Act 1992—

(i)

in section 7A (sharing of functions as regards certain claims
and information), in subsection (6), for “section 25 of the Social
Security Act 1989 (establishment and functions of war pensions
committees)” substitute “section 343C of the Armed Forces Act
2006 (establishment and functions of veterans advisory and
pensions committees)”;

(ii)

in section 122C (supply of information to authorities
administering benefit), in subsection (8), for “section 25 of the
Social Security Act 1989” substitute “section 343C of the Armed
Forces Act 2006”;

(iii)

in paragraph 5 of Schedule 4 (construction of references to
government departments etc), for “section 25(4) of the Social
Security Act 1989” substitute “section 343C(6) of the Armed
Forces Act 2006”;

(e)

in section 137 of the Social Security Contributions and Benefits Act
1992 (interpretation), in subsection (1), in the definition of “war pension
scheme”, for “section 25 of the Social Security Act 1989” substitute
“section 343C of the Armed Forces Act 2006”;

(f)

in section 2 of the Social Security Act 1998 (use of computers), in
subsection (3), for “section 25 of the Social Security Act 1989
(establishment and functions of war pensions committees)” substitute
“section 343C of the Armed Forces Act 2006 (establishment and
functions of veterans advisory and pensions committees)”;

(g)

in section 72 of the Welfare Reform and Pensions Act 1999 (supply of
information for certain purposes), in subsection (6), for “section 25 of
the Social Security Act 1989 (establishment and functions of war
pensions committees)” substitute “section 343C of the Armed Forces
Act 2006 (establishment and functions of veterans advisory and
pensions committees)”;

(h)

in section 5 of the Television Licences (Disclosure of Information) Act
2000 (interpretation), in the definition of “war pensions”, for “section
25 of the Social Security Act 1989” substitute “section 343C of the
Armed Forces Act 2006”;

(i)

in section 13 of the Social Security Fraud Act 2001 (interpretation), in
the definition of “war pension”, for “section 25 of the Social Security
Act 1989 (c 24) (establishment and functions of war pensions
committees)” substitute “section 343C of the Armed Forces Act 2006
(establishment and functions of veterans advisory and pensions
committees)”;

(j)

in paragraph 4(5) of Schedule 5 to the Tax Credits Act 2002 (exchange
of information), for “section 25(4) of the Social Security Act 1989 (c
24)” substitute “section 343C(6) of the Armed Forces Act 2006”;

(k)

in section 2 of the Digital Switchover (Disclosure of Information) Act
2007 (kinds of information), in subsection (3), for “section 25(4) of the
Social Security Act 1989 (c 24)” substitute “section 343C(6) of the Armed
Forces Act 2006”;

(l)

in paragraph 2(1) of Schedule 3 to the Data Protection Act 2018 (health
data), in the definition of “war pension”, for “section 25 of the Social
Security Act 1989 (establishment and functions of war pensions
committees)” substitute “section 343C of the Armed Forces Act 2006
(establishment and functions of veterans advisory and pensions
committees)”.

(2)

The Secretary of State may by regulations made by statutory instrument make
such provision as the Secretary of State considers appropriate in consequence
of this Act.

(3)

A statutory instrument containing regulations made under subsection (2) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

3 Extent, commencement, transitional provision and short title

(1)

Subject to subsection (2) , this Act extends to England and Wales, Scotland
and Northern Ireland.

(2)

Any provision in section 2 that amends or repeals an enactment has the same
extent as the enactment amended or repealed.

(3)

Sections 1 and 2 (1) come into force on such day as the Secretary of State may
by regulations made by statutory instrument appoint.

(4)

The other provisions of this Act come into force on the day on which this
Act is passed.

(5)

The Secretary of State may by regulations made by statutory instrument make
such transitional, transitory or saving provision as the Secretary of State
considers appropriate in connection with the coming into force of any
provision of this Act.

(6)

This Act may be cited as the Veterans Advisory and Pensions Committees
Act 2023.

1 Veterans advisory and pensions committees

“Part 16B Veterans advisory and pensions committees

343C Establishment and functions of veterans advisory and pensions committees

(1)

(2)

(a)

(b)

(c)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(4)

(5)

(6)

(a)

(b)

(c)

(a)

(b)

(i)

(ii)

(iii)

(c)

(d)

2 Consequential provision

(1)

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(2)

(3)

3 Extent, commencement, transitional provision and short title

(1)

(2)

(3)

(4)

(5)

(6)

“Part 16B
Veterans advisory and pensions committees

343C Establishment and functions of veterans advisory and pensions
committees