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The Personal Injuries (Civilians) Amendment Scheme 1993

S.I. 1993/480 · Made 4 March 1993

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 4th March 1993

Laid before Parliament 11th March 1993

Coming into force

for the purposes of articles 1, 2 and 8 1st April 1993

for all other purposes 12th April 1993

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 1939 f1 and now vested in him f2 and of all other powers enabling him in that behalf hereby makes the following Scheme:

Annotations to the whole text

Footnotes

f1

1939 c. 82.

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 and Social Security) Order 1988 (S.I. 1988/1843), article 3.

Contents

  1. lCitation, commencement and interpretation
  2. 2Amendment of article 2 of the principal Scheme
  3. 3Amendment of article 18 of the principal Scheme
  4. 4Amendment of article 23 of the principal Scheme
  5. 5Amendment of article 24 of the principal Scheme
  6. 6Amendment of article 25 of the principal Scheme
  7. 7Amendment of article 25B of the principal Scheme
  8. 8Amendment of article 28 of the principal Scheme
  9. 9Amendment of article 71 of the principal Scheme
  10. 10Substitution of Schedules 3 and 4 to the principal Scheme
  11. 11Revocations
  12. 12Transitional provisions
  13. Signature
  14. Schedule SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME
  15. Explanatory note

lCitation, commencement and interpretation

(1)

This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1993 and shall come into force for the purposes of this article and articles 2 and 8 on 1st April 1993 and for all other purposes on 12th April 1993.

(2)

In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 f1.

2Amendment of article 2 of the principal Scheme

In article 2 of the principal Scheme in paragraph 19 (definition of “public funds”), for the words “the Abolition of Domestic Rates Etc. (Scotland) Act 1987, moneys provided under the Local Government Finance Act 1988” there shall be substituted the words “the Local Government Finance Act 1992 f1”.

3Amendment of article 18 of the principal Scheme

In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,106” there shall be substituted the amount “£2,184”.

4Amendment of article 23 of the principal Scheme

In article 23 of the principal Scheme (treatment allowances)—

(a)

in paragraph (1) after the words “he receives treatment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings”;

(b)

after paragraph (6) there shall be added the following paragraph—

“(7)

For the purposes of articles 23, 24 and 25 the expression “earnings” means any remuneration or profit derived from an employment.”.

5Amendment of article 24 of the principal Scheme

In article 24 of the principal Scheme (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words “necessitated that treatment” there shall be inserted the following words “and as a result of abstention from work he incurs a loss of earnings,”.

6Amendment of article 25 of the principal Scheme

In article 25 of the principal Scheme (allowance for part-time treatment) in paragraph (1) after the words “normal employment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings.”.

7Amendment of article 25B of the principal Scheme

In article 25B of the principal Scheme (medical expenses) f1 after the words “in so far as” there shall be inserted the words “the expenses wholly or mainly arise as a result of a qualifying injury and in so far as”.

8Amendment of article 28 of the principal Scheme

In article 28 of the principal Scheme (rent allowance to widows who have children) f1 in paragraph (1) for the words “community charge” there shall be substituted the words “council tax”.

9Amendment of article 71 of the principal Scheme

In article 71 of the principal Scheme (marriage of female persons)—

(a)

for paragraph (3) there shall be substituted the following paragraph—

“(3)

Subject to paragraph (4) below, where a pension awarded to a person under articles 27, 30 or 49 of this Scheme ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year’s pension.”;

(b)

for paragraph (4) there shall be substituted the following paragraph—

“(4)

Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993, and the death of that man occurs after 11th April 1993, the Secretary of State may award that person a gratuity equal to one year’s pension.”;

(c)

paragraph (5) shall be omitted.

10Substitution 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.

11Revocations

The following articles of the principal Scheme shall be revoked—

(a)

article 13 (education allowance in respect of disablement of gainfully occupied persons and civil defence volunteers);

(b)

article 36 (education allowance in respect of death of gainfully occupied persons and civil defence volunteers);

(c)

article 38 (pensions to parents);

(d)

article 39 (pensions to other dependants); and

(e)

article 52 (education allowance in respect of persons not gainfully occupied).

12Transitional provisions

(1)

Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme and the revocation of articles 13, 36, 38, 39 and 52 of that Scheme, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993, those provisions shall, for the duration of that award, continue to have effect as though this Scheme had not come into force.

(2)

Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Scheme had not come into force.

Signature

Signed by authority of the Secretary of State for Social Security.

Henley

Parliamentary Under-Secretary of State,

Department of Social Security

2nd March 1993

We approve,

Irvine Patnick

Tim Kirkhope

Two of the Lords Commissioners of Her Majesty’s Treasury

4th March 1993

SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

“SCHEDULE 3

RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT

Article 11

Description of Pension or AllowanceRate
1

Pension for 100 per cent. disablement under article 11.

£97.20 per week
2

Education allowance under article 13.

£120.00 per annumf1
3

Constant attendance allowance—

(a)

under the proviso of article 14

£73.40 per week
(b)

in any case under that article

£36.70 per week
4

Exceptionally severe disablement allowance under article 15

£36.70 per week
5

Severe disablement occupational allowance under article 16

£18.35 per week
6

Allowance for wear and tear of clothing—

(a)

under article 17(1)(a)

£79.00 per annum
(b)

under article 17(1)(b) and (2)

£124.00 per annum
7

Unemployability allowance—

(a)

personal allowance under article 18(1)(i)

£59.55 per week
(b)

additional allowances for dependants by way of—

(i)

increase of allowance in respect of a wife or a dependant husband under article 18(5)(b)

£33.70 per week
(ii)

increase of allowanc under Article 18(5)(d)—

(a)

in respect of the only, elder or eldest child

£9.80 per week
(b)

in respect of each other child

£10.95 per week
(c)

where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£10.95 per week
8

Invalidity 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

£11.95 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 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

£7.50 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

£3.75 per week
9

Comforts allowance—

(a)

under article 20(1)(a)

£15.70 per week
(b)

under article 20(1)(a) or 45(1)

£7.85 per week
10

Allowance for lowered standard of occupation under article 21

£36.64 per week
11

Age allowance under Article 22 where the degree of pensionable disablement is—

(a)

40 or 50 per cent.

£6.50 per week
(b)

60 or 70 per cent.

£10.00 per week
(c)

80 or 90 per cent.

£14.30 per week
(d)

100 per cent.

£20.00 per week
12

Treatment allowances—increase of personal allowance under article 23(2)

£20.00 per week
13

Part-time treatment allowance under article 25

£41.40 per day
14

Mobility supplement under article 25A

£34.90 per week

SCHEDULE 4

RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Article 27

Description of Pension or AllowanceRate
*

Maximum
1

Pension to widow—

(a)

under article 27(1)

£72.90 per week
(b)

under article 27(2)

£16.83 per week
2

Rent allowance under article 28

£27.75 per week
3

Allowance under article 29 or 50 to an elderly surviving spouse—

(a)

if aged 65 but under age 70

£8.35 per week
(b)

if aged 70 but under age 80

£16.10 per week
(c)

if age 80 or over

£23.95 per week
4

Pension under article 30 to unmarried dependant who lived as spouse

£1.00 per week
5

Pension to dependant widower under article 32

£73.15 per week
6

Allowance under article 33 in respect of each child under the age of 15—

(i)

in respect of the only, or eldest child

£13.85 per week
(ii)

in respect of each other child

£15.00 per week
(iii)

where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£15.00 per week
7

Pension under article 34(1) to a motherless or fatherless child under the age of 15—

(i)

in respect of the only, elder or eldest child

£15.45 per week
(ii)

in respect of each other child

£16.60 per week
(iii)

where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£16.60 per week
8

Pension 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 reasons of an infirmity which arose before he attained of 15

£56.10 per week
(b)

any other case—

(i)

in respect of the only elder or eldest child

£15.45 per week
(ii)

in respect of each other child

£16.60 per week
(iii)

where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£16.60 per week
9

Education allowance under article 36

£120.00 per annum
10

Pensions to parents—

(a)

minimum rate under article 38(4)

£.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
11

Pensions 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 (“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.

Articles 2 and 8 of this Scheme amends articles 2 and 28 of the principal Scheme as a consequence of the abolition of community charge and introduction of council tax on 1st April.

This Scheme 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 (articles 3 and 10 and the Schedule).

Article 4, 5 and 6 of this Scheme amends articles 23, 24 and 25 of the principal Scheme respectively to provide that treatment allowance may be payable only where there has been a loss of earnings.

Article 7 of this Scheme amends article 25B of the principal Scheme to enable medical expenses to be defrayed where they arise wholly or mainly from the disablement due to a qualifying injury.

Article 9 of this Scheme abolishes the restoration of pension to females who remarry.

Article 11 of this Scheme abolishes education allowances pensions to parents and other dependants.

Article 12 of this Scheme provides transitional provisions.