UNITED KINGDOM STATUTORY INSTRUMENT
1993 No. 480
PENSIONS
The Personal Injuries (Civilians) Amendment Scheme 1993
Made 4th March 1993
Laid before Parliament 11th March 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 1939and now vested in himand of all other powers enabling him in that behalf hereby makes the following Scheme:
S-l
Citation, commencement and interpretationCitation, commencement and interpretation
l. 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.
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983.
S-2
Amendment of article 2 of the principal SchemeAmendment of article 2 of the principal Scheme
2. 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 ”.
S-3
Amendment of article 18 of the principal SchemeAmendment of article 18 of the principal Scheme
3. 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”.
S-4
Amendment of article 23 of the principal SchemeAmendment of article 23 of the principal Scheme
4. In article 23 of the principal Scheme (treatment allowances)—
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”;
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.”.
S-5
Amendment of article 24 of the principal SchemeAmendment of article 24 of the principal Scheme
5. 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,”.
S-6
Amendment of article 25 of the principal SchemeAmendment of article 25 of the principal Scheme
6. 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.”.
S-7
Amendment of article 25B of the principal SchemeAmendment of article 25B of the principal Scheme
7. In article 25B of the principal Scheme (medical expenses) 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”.
S-8
Amendment of article 28 of the principal SchemeAmendment of article 28 of the principal Scheme
8. In article 28 of the principal Scheme (rent allowance to widows who have children) in paragraph (1) for the words “community charge” there shall be substituted the words “council tax”.
S-9
Amendment of article 71 of the principal SchemeAmendment of article 71 of the principal Scheme
9. In article 71 of the principal Scheme (marriage of female persons)—
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.”;
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.”;
paragraph (5) shall be omitted.
S-10
Substitution of Schedules 3 and 4 to the principal SchemeSubstitution of Schedules 3 and 4 to the principal Scheme
10. 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.
Revocations
11. The following articles of the principal Scheme shall be revoked—
article 13 (education allowance in respect of disablement of gainfully occupied persons and civil defence volunteers);
article 36 (education allowance in respect of death of gainfully occupied persons and civil defence volunteers);
article 38 (pensions to parents);
article 39 (pensions to other dependants); and
article 52 (education allowance in respect of persons not gainfully occupied).
S-12
Transitional provisionsTransitional provisions
12. 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.
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.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
2nd March 1993
Irvine Patnick
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993
SCHEDULE
Article 10
SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME
“SCHEDULE 3
Article 11
RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT
Description of Pension or Allowance |
Rate |
1 Pension for 100 per cent. disablement under article 11. |
£97.20 per week |
2 Education allowance under article 13. |
£120.00 per annum |
|
Constant attendance allowance—
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 |
|
Allowance for wear and tear of clothing—
under article 17(1)(a)
|
£79.00 per annum |
b under article 17(1)(b) and (2) |
£124.00 per annum |
|
Unemployability allowance—
personal allowance under article 18(1)(i)
|
£59.55 per week |
|
additional allowances for dependants by way of—
|
£33.70 per week |
|
£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 |
|
Invalidity allowance payable under article 19
If—
|
|
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... |
