OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Scheme)

This Scheme further amends the Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686) (“the principal Scheme”) which makes provision for the payment of pensions and allowances to or in respect of civilians who were killed or injured during the 1939–45 World War.

Article 2, together with Schedule 3 of the principal Scheme as substituted by this Scheme, replaces two rates of clothing allowance with a single rate of allowance.

Article 3 increases the maximum amount of annual earnings which may be received by a disabled person whilst he is deemed to be unemployable for the purposes of unemployability allowances. It also amends the principal Scheme so that, for claims made on or after 7th April 1997, (a) an unemployability allowance may not be awarded to a claimant who is aged 65 or over, or whose pensioned disablement has been assessed at less than 60 per cent.; (b) an allowance for lowered standard of occupation may not be awarded to a claimant who is aged 65 or over or whose pensioned disablement has been assessed at less than 40 per cent.; and (c) a mobility supplement may not be awarded to a claimant whose pensioned disablement has been assessed at less than 40 per cent..

Article 4 inserts into the principal Scheme provision for the Secretary of State to defray reasonable expenses in respect of the funeral of a person whose death is caused by injuries which were due to enemy action.

Article 5 amends the principal Scheme to make provision for a widow, whose pension ceased because she lived with a man as his wife, to claim restoration of an award after that relationship has ended. It also amends the principal Scheme with the effect that gratuities are not payable to widows in connection with remarriage or cohabitation.

Article 6 substitutes Schedules 3 and 4 of the principal Scheme thereby increasing the amounts of allowances, pensions and awards payable under that Scheme and also increasing the amounts of income to be disregarded for the purposes of certain parts of the Scheme. It also substitutes Schedule 5 thereby making provision for the commencing dates of awards and adjustments to awards.

This Scheme does not impose any costs on business.