Personal Injuries (Civilians) Amendment Scheme 2003

JurisdictionUK Non-devolved
CitationSI 2003/637
Year2003

2003 No. 637

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 2003

Made 7th March 2003

Laid before Parliament 11th March 2003

Coming into force 7th April 2003

The Secretary of State for Defence, with the approval of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 19391and now vested in him2, and of all other powers enabling him in that behalf, hereby makes the following Scheme:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1. This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 2003 and shall come into force on 7th April 2003.

In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 19833, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.

S-2 Amendments to the principal Scheme and application

Amendments to the principal Scheme and application

2. The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.

Lewis Moonie

Parliamentary Under-Secretary of State Ministry of Defence

6th March 2003

Nick Ainger

Jim Fitzpatrick

Two of the Lord’s Commissioners of Her Majesty’s Treasury

7th March 2003

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL SCHEME

SCH-1.1

1.Substitution of Schedules 3,4 and 7 to the principal Scheme

(1) 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 Schedule 2 to this Scheme and numbered 3 and 4.

(2) For Schedule 7 to the principal Scheme (deductions for the purposes of article 64) there shall be substituted the table set out in Schedule 3 to this Scheme.

SCHEDULE 2

Schedule 1 paragraph 1(1)

SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

SCHEDULE 3

Article 11

RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Description of Pension or Allowance

Rate

1 Pension for 100 per cent. disablement under article 11

£123.90 per week

2 Education allowance under article 13

£120.00 per annum1000

Constant attendance allowance under article 14

  • For decisions made before 9 April 2001

a under the proviso to article 14

£93.60 per week1000

b in any other case under article 14

£46.80 per week1000

  • B For decisions made on or after 9 April 2001

a the part day rate of constant attendance allowance under article 14(2);

£23.40 per week

b the full day rate of constant attendance allowance under article 14(3);

£46.80 per week

c the intermediate rate of constant attendance allowance under article 14(4);

£70.20 per week

d the exceptional rate of constant attendance allowance under article 14(5).

£93.60 per week

4 Exceptionally severe disablement allowance under article 15

£46.80 per week

5 Severe disablement occupational allowance under article 16

£23.40 per week

6 Allowance for wear and tear of clothing under article 17(1)

£160 per annum

7 Unemployability allowances—

a personal allowance under article 18(1)(i)

£76.55 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)

£43.15 per week1000

  • ii increase of allowance under article 18(5)(d)—

aa in respect of the only, elder or eldest child

£10.00 per week

bb in respect of each other child

£11.75 per week

cc where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 19925, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act.

£11.75 per week

For decisions made on or after, 9 April 2001

the annual earnings figure for the purposes of article 18(2) is £3,510;

the weekly income figure for the purposes of article 18(5)(b) is £54.65.

Invalidity allowance payable under article 19

if—

  • the relevant date fell before 5th July 1948; or

  • 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

£15.15 per week

if—

  • 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

£9.70 per week

c if heads (a) and (b) do not apply and on the relevant date the disabled person was under the age of 60

£4.85 per week

9 Comforts allowance—

a under article 20(1)(a)

£20.00 per week

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

£10.00 per week

10 Allowance for lowered standard of occupation under article 21

£46.72 per week1000

11 Age allowance under article 22 where the degree of pensioned disablement is—

a 40 or 50 per cent.

£8.30 per week

b 60 or 70 per cent.

£12.75 per week

c 80 or 90 per cent.

£18.15 per week

d 100 per cent.

£25.50 per week

For decisions made before 9th April 2001

Treatment allowance - increase of personal allowance under article 23(2)

£25.50 per week1000

13 Part-time treatment allowance under article 25

£56.80 per day1000

14 Mobility supplement under article 25A

£44.60 per week

* Maximum

SCHEDULE 4

Article 27

RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or Allowance

Rate

1 Pension to widows and widowers—

a under article 27(1)

£93.85 per week

b under article 27(2)

£22.50 per week

c under article 27(3)

£60.97 per week

2 Rent allowance under article 28

£35.40 per week1001

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

a if age 65 but under age 70

£10.75 per week

b if age 70 but under age 80

£20.55 per week

c if age 80 or over

£30.55 per week

4 Pension under article 30 to unmarried dependant who lived as spouse

£1.00 per week1001

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

a in respect of the only, elder or eldest child

£14.80 per week

b in respect of each other child

£16.50 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

£16.50 per week

6 Pension under article 34(1) where the decision is made before 9th April 2001, to a motherless or fatherless child under the age of 15 and, where the decision is made on or after that date, under article 34(2) to a child under the age of 15 with no parents living—

a in respect of the only, elder or eldest child

£16.80 per week

b in respect of each other child

£18.45 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

£18.45 per week

7 Pension or allowance where the decision is made before 9th April 2001, under article 35(3) and, where the decision is made on or after that date, under article 35(2) to or in respect of a child aged 15 or over—

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

£72.15 per week1001

b any other case—

  • i in respect of the only, elder or eldest child

£16.80 per week1001

  • ii in respect of each other child

£18.45 per week1001

£18.45 per week1001

8 Education allowance under article 36

£120.00 per annum1001

9 Pensions to parents—

a minimum...

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