Explanatory note

This Scheme further amends the Personal Injuries (Civilians) Scheme 1983 (“the principal Scheme”) which makes provision for the payment of pensions and allowances to or in respect of civilians who were killed or injured in the 1939-45 War.

The principal Scheme is amended so as to restrict the circumstances in which disabled persons over the age of 65 (in the case of a man) or 60 (in the case of a woman) may be eligible for unemployability allowance or allowance for lowered standard of occupation ( Articles 3 and 4).

This Scheme amends Article 76 of the principal Scheme to preclude a review of an award of allowance for lowered standard of occupation to reflect any subsequent change in the rate of earnings of a disabled person who is over the age of 65 (in the case of a man) or 60 (in the case of a woman) (Article 5).

The provisions of Article 78 of the principal Scheme are amended to increase the maximum amount which the Secretary of State may, without proof of title, pay to the personal representatives of a deceased person, or to persons entitled to his estate, in respect of payments due under the principal Scheme to the deceased person prior to his death. Article 78 is also amended to make further provision for its application to Scotland (Article 6).

This Scheme also raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under Article 18 of the principal Scheme, and varies the rates of pensions and allowances in respect of disablement and death in the 1939-45 War (Article 3(a) and 7, and the Schedule). In addition, minor amendments are made to remove textual errors in the definition of “war injury” in Article 2(23) of the principal Scheme.