Personal Injuries (Civilians) Amendment Scheme 1992

JurisdictionUK Non-devolved
CitationSI 1992/702
Year1992

1992 No. 702

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 1992

Made 10th March 1992

Laid before Parliament 16th March 1992

Coming into force 6th April 1992

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 19391and now vested in him2and 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 1992 and shall come into force on 6th April 1992.

In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 19833.

S-2 Omission of article 12 of the principal Scheme

Omission of article 12 of the principal Scheme

2. Article 12 of the principal Scheme (allowances for eligible members of the family) shall be omitted.

S-3 Amendment of article 18 of the principal Scheme

Amendment of article 18 of the principal Scheme

3. In article 18 of the principal Scheme (unemployability allowances)—

in paragraph (2), for the amount “£2,028” there shall be substituted the amount “£2,106”;

in paragraph (5)—

for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs—

“(b)

“(b) subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or adult dependant at a rate not exceeding the appropriate rate specified in Schedule 3, paragraph 7(b)(i), if the Secretary of State thinks fit having regard to the financial circumstances of the wife or husband or adult dependant in respect of whom the allowance is claimed;

(c)

(c) an allowance shall not be awarded in respect of more than one adult dependant;”; and

in paragraph 5(d) for the words “paragraph 7(b)(iii)” there shall be substituted the words “paragraph 7(b)(ii)”.

S-4 Amendment of article 23 of the principal Scheme

Amendment of article 23 of the principal Scheme

4. In article 23 of the principal Scheme (treatment allowances) paragraphs (1)(ii) and (3) shall be omitted.

S-5 Amendment of article 25A of the principal Scheme

Amendment of article 25A of the principal Scheme

5. In article 25A of the principal Scheme (mobility supplement) in paragraph (1)(b) for the words “12 months” there shall be substituted the words “6 months”.

S-6 Substitution of Schedules 3 and 4 to the principal Scheme

Substitution of Schedules 3 and 4 to the principal Scheme

6. 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.

S-7 Saving provision in relation to allowances for eligible members of the family

Saving provision in relation to allowances for eligible members of the family

7. Notwithstanding the revocation of article 12, and the amendment of article 18(5) and article 23 of the principal Scheme, in any case where a pension or allowance or any addition to a pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Scheme had not come into force.

Henley

Parliamentary Under-Secretary of State,

Department of Social Security

9th March 1992

Gregory Knight

Thomas Sackville

Two of the Lords Commissioners of Her Majesty’s Treasury

10th March 1992

SCHEDULE

Article 6

SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

SCHEDULE 3

Article 11

RATES OF PENSIONS AND ALLOWANCES PAYABLE INRESPECT OF DISABLEMENT

Description of Pension or Allowance

Rate

1 Pension for 100 per cent. disablement under article 11

£89.00 per week

2 Education allowance under article 13

£120.00 per annum*

3 Constant attendance allowance—

under the proviso of article 14

£70.80 per week*

in any other case under that article

£35.40 per week*

4 Exceptional severe disablement allowance under article 15

£35.40 per week

5 Severe disablement occupational allowance under article 16

£17.70 per week

6 Allowance for wear and tear of clothing—

under article 17(1)(a)

£76.00 per annum

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

£120.00 per annum

7 Unemployability allowances—

personal allowance under article 18(1)(i)

£57.50 per week

additional allowances for dependants by way of—

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

£32.55 per week*

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

in respect of the only, elder or eldest child

£9.75 per week

in respect of each other child

£10.85 per week

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

£10.85 per week

8 Invalidity allowance payable under article 19

if—

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 women, 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

£11.55 per week

if—

on the relevant date the disabled person was under the age of45; 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

£7.20 per week

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

£3.60 per week

9 Comforts and allowance—

under article 20(1)(a)

£15.20 per week

under article 20(1)(b)

£7.60 per week

10 Allowance for lowered standard of occupation under article 21

£35.36 per week*

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

40 or 50 per cent.

£6.25 per week

60 or 70 per cent.

£9.65 per week

80 or 90 per cent.

£13.80 per week

100 per cent.

£19.30 per week

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

£19.30 per week*

13 Part-time treatment allowance...

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