SCHEDULE 1
Article 2
AMENDMENTS TO THE PRINCIPAL SCHEME
Amendment of article 2 (definitions)
1.—(1) For the definition of “adopted” in paragraph (2) of article 2 substitute—
““adopted” means adopted within the meaning of Part IV of the Adoption Act 19764or, in Scotland, section 38 of the Adoption (Scotland) Act 19785and “adoption” shall be construed accordingly;”.
(2) For the definition of “dependent child” in paragraph (7) of article 2 substitute—
““dependent child”, in relation to a person who has sustained a qualifying injury, means a child with respect to whom that person—
(a) is in law the mother or father of the child, including by adoption;
(b) is the child’s step parent; or
(c) is the child’s foster parent within the meaning in the Children Act 19896or, in Scotland, the Foster Children (Scotland) Act 19847and in each case the injured person—
(i) is regularly maintaining him or contributing to his maintenance, or could reasonably be expected to do so;
(ii) where the injured person has died, was regularly maintaining him or contributing to his maintenance up to the date of his death or could reasonably have been expected to do so; or
(iii) where the child was unborn at the date of the death of the injured person, would have so maintained him or contributed to his maintenance.”.
Amendment of article 3
2. In paragraph (8)(b) of article 3 (interpretation) after “widow” insert “or widower”.
Amendment of article 14
3. For article 14 (constant attendance allowance), substitute:
“14.—(1) Where—
(a)
(a) a disabled person is in receipt of a pension under Article 11 in respect of disablement the degree of which is not less than 80 per cent; and
(b)
(b) it is shown to the satisfaction of the Secretary of State that constant attendance on the disabled person is necessary on account of the disablement—
the disabled person may be awarded an allowance in accordance with the following paragraphs of this article.
(2) Where the necessary attendance consists of frequent or regular attendance for periods during the daytime which total not less than four and not more than eight hours per day, the rate of the allowance shall be the part day rate specified in paragraph 3(a) of Schedule 3.
(3) Where the necessary attendance consists of—
(a)
(a) frequent or regular attendance for periods during the daytime which total not less than eight and not more than sixteen hours per day; or
(b)
(b) frequent or regular attendance for periods during the daytime which total less than eight hours per day and attendance on two or more occasions per night,
the rate of the allowance shall be the full day rate specified in paragraph 3(b) of Schedule 3.
(4) Where the necessary attendance consists of—
(a)
(a) frequent or regular attendance for periods during the daytime which total not less than eight hours per day and attendance on two or more occasions per night; or
(b)
(b) frequent or regular attendance for periods at night which total not less than eight hours and during the daytime for periods which total not less than four hours per day,
the rate of the allowance shall be the intermediate rate specified in paragraph 3(c) of Schedule 3.
(5) Where the necessary attendance consists of continual attendance throughout the day and night, the rate of the allowance shall be the exceptional rate specified in paragraph 3(d) of Schedule 3.”.
Amendment of articles 15 and 16
4. In articles 15 and 16 (exceptionally severe disablement allowance and severe disablement occupational allowance) for “increased under the proviso to Article 14” substitute “payable under the provisions of article 14(4) or (5)”.
Amendment of article 18
5. In article 18 (unemployability allowances)—
(a) for paragraph (2), substitute—
“2 For the purposes of this article, subject to paragraph (2A), a disabled person may be deemed to be unemployable although in receipt of therapeutic earnings which are, in the opinion of the Secretary of State, unlikely to exceed per year the figure specified in paragraph 7(c) of Schedule 3 and for this purpose “therapeutic earnings” means earnings from work for no more than 16 hours per week and which in the Secretary of State’s view is not detrimental to the health of the disabled person.”;
(b) for paragraph (2A) substitute—
“2A Where before 9th April 2001 a disabled person was in receipt of therapeutic earnings as defined in the Scheme immediately before that date any such earnings he receives on and after that date shall constitute therapeutic earnings for the purpose of paragraph (2) until the disabled person ceases permanently to do the work in respect of which they are received.”;
(c) in paragraph (5)(b), for the words after “Schedule 3, paragraph 7(b)(i)” substitute—
“if—
(i) the person in respect of whom the allowance is claimed has a weekly income which does not exceed the figure specified in paragraph 7(d) of Schedule 3; and
(ii) the Secretary of State thinks fit to award the allowance, having regard to that person’s financial circumstances (including any earnings, occupational pension and social security benefits the person receives);”;
(d) omit paragraph (7); and
(e) in respect of decisions made before 9th April 2001, in paragraph (2) for “£3,042” substitute “£3,146”.
Amendment of article 19
6. In article 19 (invalidity allowance)—
(a) in paragraph (1), omit “or, in the case of a woman, the age of 55,”; and
(b) omit paragraphs (5) and (6).
Amendment of article 21
7. In article 21 (allowance for lowered standard of occupation)—
(a) in paragraph (1)—
(i) omit “or has been awarded a lump sum under Article 72,” and “in either case”;
(ii) for “which is of an equivalent standard and” substitute “with equivalent gross income which”; and
(iii) after “suitable in his case,” add “taking into account his education, training and experience”; and
(b) omit paragraphs (4) and (5).
Amendment of article 23
8. In article 23 (treatment allowances)—
(a) in paragraph (1) substitute for the words following “Provided that—”
“where in relation to a period a disabled person is in receipt of an award of treatment allowance under this article no payment shall be made in respect of that period under article 21.”; and
(a) omit paragraphs (2) and (4).
Amendment of article 25A
9. In article 25A (mobility supplement)—
(a) in paragraph (1)—
(i) in sub-paragraph (b) insert after “disablement” “, where the degree of disablement is assessed at 40 per cent or more,” and for sub-paragraphs (i) and (ii) substitute—
“(i)
“(i) rendering him unable to walk (including with any suitable prosthesis or artificial aid which he habitually wears or uses, or which he might reasonably be expected to wear or use);
(ii)
(ii) restricting his leg movements to such an extent that his ability to walk (with any such prosthesis or artificial aid) without severe discomfort is of little or no practical use to him, or”;
(ii) in sub-paragraph (c), after “considered by the Secretary of State,” insert “on or after 9th April 2001” and omit sub-paragraph (iii); and
(iii) in sub-paragraph (d), after “blind”, insert “(with a loss of vision certified in accordance with article 10 as amounting to more than 80 per cent)” and after “deaf”, insert “(with a loss of hearing so certified...
