SCHEDULE 1
Article 2
AMENDMENTS TO THE PRINCIPAL SCHEME
1.Amendment of articles 2 and 32
Paragraph (9) of article 2 (definition of “dependent widower”) and article 32 (pensions to dependent widowers) shall be omitted.
2.Amendment of article 18
In article 18 (unemployability allowances)—
(a) in paragraph (1A) after sub-paragraph (b) insert the full-out words “unless paragraph (1B) applies.”; and
(b) after paragraph (1A) insert—
“1B If the disabled person—
(a) was in receipt of unemployability allowance before 7th April 1997;
(b) became engaged in remunerative work on or after 8th April 2002 and in consequence ceased to be entitled to unemployability allowance;
(c) had given notice to the Secretary of State that he had become engaged in remunerative work within one week of ceasing to be entitled to unemployability allowance;
(d) then ceased to be engaged in remunerative work;
(e) makes a new claim for unemployability allowance within 52 weeks of the termination of the original payment of unemployability allowance; and
(f) was not engaged in a previous period of remunerative work within 28 weeks of the date sub-paragraph (b) applied to them,
then paragraph (1) shall continue to apply to that new claim subject to the degree of disablement being assessed at not less than 20 per cent.
1C For the purposes of paragraph (1B), “remunerative work” means either—
(a) work for which payment is made or which is done in expectation of payment; or
(b) attendance at a training course in respect of which the disabled person receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 19734or section 2(3) of the Enterprise and New Towns (Scotland) Act 19905or any corresponding provisions in Northern Ireland.”.
3.Amendment of article 19
In paragraph (3) of article 19 (invalidity allowance) after “8 weeks” insert “or the break is by reason of remunerative work where the disabled person is one to whom sub-paragraphs (b) to (f) of article 18(1B) apply”.
4.Amendment of articles 27, 31, 49, 51 and 60
In articles 27 (pensions to widows), 31 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons), 49 (awards in respect of death), 51 (temporary allowances to widows of severely disabled persons) and in paragraph (3)(e)(ii) of article 60 (injuries sustained outside the United Kingdom) for “widow” substitute “widow or widower”.
5.Amendment of article 27
In article 27 (pensions to widows)—
(a) for “her husband’s death” substitute “their spouse’s death”;
(b) in paragraphs (b) and (c) for “her husband” substitute “their spouse”;
(c) in paragraph (c) for “mother” substitute “parent”; and
(d) the title to the article shall be amended to “pensions to widows and widowers”.
6.Amendment of article 31
In article 31 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons)—
(a) for “wife” substitute “spouse”;
(b) for “her husband” substitute “their spouse”; and
(c) after paragraph (1) add—
“1A For the purposes of paragraph (1), a disabled person shall be treated as if they were in receipt of an allowance under article 18(1)(i) if—
(i) at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and
(ii) the period of remunerative work had not exceeded a period of 52 weeks.”.
7.Amendment of article 33
In paragraph (2) of article 33 (allowances for children under the age of 15) for the words “paragraph 6” substitute “paragraph 5”.
8.Amendment of article 34
In paragraph (2) of article 34 (pensions for children under the age of 15 with no parents living) for the words “paragraph 7” substitute “paragraph 6”.
9.Amendment of article 35
In paragraph (2)(b) of article 35 (awards for children aged 15 or over) for the words “paragraph 8” substitute “paragraph 7”.
10.Amendment of article 36
In paragraph (3) of article 36 (education allowance) for the words “paragraph 9” substitute “paragraph 8”.
11.Amendment of article 38
In paragraph (4) of article 38 (pensions to parents) for the words “paragraph 10(a)” substitute “paragraph 9(a)” for “paragraph 10(b)” substitute “paragraph 9(b)” and for “paragraph 10(c)” substitute “paragraph 9(c)”.
12.Amendment of article 39
In article 39 (pensions to other dependants)—
(a) in paragraph (4) for the words “paragraph 11(a)” substitute “paragraph 10(a)” and for “paragraph 11(b)” substitute “paragraph 10(b)”; and
(b) in paragraph (5) for the words “paragraph 11(c)” substitute “paragraph 10(c)”.
13.Amendment of article 49
In article 49 (awards in respect of death)—
(a) in paragraph (1)(a), after “widow of that person” omit the words following to the end of that paragraph;
(b) in paragraphs (1)(b), (1)(c), (2) and (3)(c) “dependent widower” shall be omitted; and
(c) paragraph (3)(b) shall be omitted.
14.Amendment of article 54
In paragraph (3) of article 54 (time limits for applications) omit “32”.
15.Amendment of article 71
In paragraph (4) of article 71 (marriage of female persons) for “man as his wife” substitute “person as their spouse”.
16.Substitution of Schedules 3, 4 and 7 to the principal Scheme
(a) 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.
(b) 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.
