The Personal Injuries (Civilians) Amendment Scheme 1998
S.I. 1998/278 · Made 10 February 1998
PENSIONS
Made 10th February 1998
Laid before Parliament 18th February 1998
Coming into force 6th April 1998
The Secretary of State for Social Security, with the approval of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939f1 and now vested in herf2and of all other powers enabling her in that behalf, hereby makes the following Scheme:
Annotations to the whole text
Footnotes
- f1
- f2
-
See Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198) article 2; Ministry of Social Security Act 1966 (c. 20) section 2; Secretary of State for Social Services Order 1968 (S.I. 1968/1699) article 2; Transfer of Functions (Health & Social Security) Order 1988 (S.I. 1988/1843) article 3.
Contents
- 1Citation, commencement and interpretation
- 2Amendment of article 18 of the principal Scheme
- 3Substitution of Schedules 3 and 4 to the principal Scheme
- Signature
- Schedule SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME
- Explanatory note
1Citation, commencement and interpretation
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1998 and shall come into force on 6th April 1998.
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983f1.
2Amendment of article 18 of the principal Scheme
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,418” there shall be substituted the amount “£2,496”.
3Substitution of Schedules 3 and 4 to the principal Scheme
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
Signature
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
2nd February 1998
We approve,
Jim Dowd
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 1998
SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME
SCHEDULE 3
RATES OF PENSIONS AND ALLOWANCES PAYABLE INRESPECT OF DISABLEMENT
Article 11
Description of Pension or Allowance Rate *Maximum
1Pension for 100 per cent. disablement under article 11
£111.10 per week 2Education allowance under article 13
£120.00 per annumf1 3Constant attendance allowance—
(a)under the proviso of article 14
£84.00 per week (b)in any other case under that article
£42.00 per week 4Exceptionally severe disablement allowance under article 15
£42.00 per week 5Severe disablement occupational allowance under article 16
£21.00 per week 6Allowance for wear and tear of clothing under article 17(1)
£142 per annum 7Unemployability allowances—
(a)personal allowance under article 18(1)(i)
£68.65 per week (b)additional allowances for dependants by way of—
(i)increase of allowance in respect of a wife or a dependent husband under article 18(5)(b)
£38.70 per week (ii)increase of allowance under article 18(5)(d)—
(a)in respect of the only, elder or eldest child
£9.90 per week (b)in respect of each other child
£11.30 per week (c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992f2 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£11.30 per week 8Invalidity allowance payable under article 19
(a)if—
(i)the relevant date fell before 5th July 1948; or
(ii)on the relevant date the disabled person was under the age of 35; or
(iii)on the relevant date the disabled person was under the age of 40 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979
£13.60 per week (b)if—
(i)on the relevant date the disabled person was under the age of 45; or
(ii)on the relevant date the disabled person was under the age of 50 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979
£8.60 per week (c)if heads (a) and (b) do not apply and on the relevant date the disabled person was a man under the age of 60 or a woman under the age of 55
£4.30 per week 9Comforts allowance—
(a)under article 20(1)(a)
£18.00 per week (b)under article 20(1)(b) or 45(1)
£9.00 per week 10Allowance for lowered standard of occupation under article 21
£41.88 per week 11Age allowance under article 22 where the degree of pensioned disablement is—
(a)40 or 50 per cent.
£7.40 per week (b)60 or 70 per cent.
£11.45 per week (c)80 or 90 per cent.
£16.30 per week (d)100 per cent.
£22.90 per week 12Treatment allowances – increase of personal allowance under article 23(2)
£22.90 per week 13Part-time treatment allowance under article 25
£50.90 per day 14Mobility supplement under article 25A
£39.95 per week SCHEDULE 4
RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Article 27
Description of Pension or Allowance Rate *Maximum
1Pension to widow—
(a)under article 27(1)
£83.90 per week (b)under article 27(2)
£19.41 per week (c)under article 27(3)
£54.70 per week 2Rent allowance under article 28
£31.75 per weekf3 3Allowance under article 29 or 50 to an elderly surviving spouse—
(a)if age 65 but under age 70
£9.60 per week (b)if age 70 but under age 80
£18.40 per week (c)if age 80 or over
£27.40 per week 4Pension under article 30 to unmarried dependant who lived as spouse
£1.00 per week 5Pension to dependent widower under article 32
£83.90 per week 6Allowance under article 33 in respect of each child under the age of 15—
(a)in respect of the only, elder or eldest child
£14.25 per week (b)in respect of each other child
£15.65 per week (c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£15.65 per week 7Pension under article 34(1) to a motherless or fatherless child under the age of 15—
(a)in respect of the only, elder or eldest child
£16.05 per week (b)in respect of each other child
£17.45 per week (c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£17.45 per week 8Pension or allowance under article 35(3) to or in respect of a child over the age of 15—
(a)where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15
£64.70 per week (b)any other case—
(i)in respect of the only, elder or eldest child
£16.05 per week (ii)in respect of each other child
£17.45 per week (iii)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act
£17.45 per week 9Education allowance under article 36
£120.00 per annum 10Pensions to parents—
(a)minimum rate under article 38(4)
£0.25 per week (b)maximum rate under article 38(4)
(i)where there is only one eligible parent
£1.00 per week (ii)where there is more than one eligible parent
£1.38 per week (c)increase under the proviso to article 38(4)—
(i)where there is only one eligible parent
£0.38 per week (ii)where there is more than one eligible parent
£0.62 per week 11Pensions to other dependants—
(a)for each juvenile dependant under article 39(4)
£0.30 per week (b)aggregate rate under article 39(4)
£1.00 per week (c)under article 39(5)
£1.00 per week
Explanatory note
(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 by 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.
This Scheme does not impose any costs on business.