Personal Injuries (Civilians) Amendment Scheme 1995

JurisdictionUK Non-devolved
CitationSI 1995/445

1995 No. 445

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 1995

Made 23th February 1995

Laid before Parliament 3rd March 1995

Coming into force 10th April 1995

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 1995 and shall come into force on 10th April 1995.

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

S-2 Amendment of article 18 of the principal Scheme

Amendment of article 18 of the principal Scheme

2. In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “2,236” there shall be substituted the amount “2,288”.

S-3 Amendment of article 25A of the principal Scheme

Amendment of article 25A of the principal Scheme

3. At the end of head (iii) of sub-paragraph (1)(c) of article 25A of the principal Scheme (mobility supplement)4there shall be added the word “; or” followed by the following head—

“(iv)

“(iv) has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 19925or the Social Security Contributions and Benefits (Northern Ireland) Act 19926having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.”.

S-4 Amendment of article 76A of the principal Scheme

Amendment of article 76A of the principal Scheme

4. In paragraph (1) of article 76A of the principal Scheme (suspension in individual cases— Pensions Appeal Tribunal)7for the words “the determination of that question on appeal” there shall be substituted the words “the determination of the appeal”.

S-5 Amendment of article 76B of the principal Scheme

Amendment of article 76B of the principal Scheme

5. In paragraph (1) of article 76B of the principal Scheme (suspension in individual cases— courts) for the words “the determination of that question on appeal” there shall be substituted the words “the determination of the appeal”.

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 Schedule set out in the Schedule to this Scheme and numbered 3 and 4.

Mackay of Ardbrecknish

Minister of State,

Department of Social Security

17th February 1995

Timothy Kirkhope

Andrew Mitchell

Two of the Lords Commissioners of Her Majesty’s Treasury

23rd February 1995

SCHEDULE

Article 6

SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

SCHEDULE 3

Article 11

RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT

Description of Pension or Allowance

Rate

1 Pension for 100 per cent. disablement under article 11

£101.10 per week

2 Education allowance under article 13

£120.00 per annum1000

3 Constant attendance allowance—

(a) under the proviso of article 14

£76.40 per week1000

(b) in any other case under that article

£38.20 per week1000

4 Exceptionally severe disablement allowance under article 15

£38.20 per week

5 Severe disablement occupational allowance under article 16

£19.10 per week

6 Allowance for wear and tear of clothing—

(a) under article 17(1)(a)

£82.00 per annum

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

£129.00 per annum

7 Unemployability allowances—

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

£62.45 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)

£35.25 per week1000

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

(a) in respect of the only, elder or eldest child

£9.85 per week

(b) in respect of each other child

£11.05 per week

(c) where the child does not qualify for child benefit under the Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£11.05 per week

8 Invalidity allowance payable under article 19

(a) if—

(i) 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 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

} £12.40 per week

(b) if—

(i) 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

} £7.80 per week

(c) 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

£3.90 per week

9 Comforts allowance—

(a) under article 20(1)(a)

£16.40 per week

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

£8.20 per week

10 Allowance for lowered standard of occupation under article 21

£38.12 per week1000

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

(a) 40 or 50 per cent.

£6.75 per week

(b) 60 or 70 per cent.

£10.40 per week

(c) 80 or 90 per cent.

£14.85 per week

(d) 100 per cent.

£20.80 per week

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

£20.80 per week1000

13 Part-time treatment allowance under article 25

£46.50 per day1000

14 Mobility supplement under article 25A

£36.35 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 widow—

(a) under article 27(1)

£76.35 per week

(b) under article 27(2)

£17.66 per week

(c) under article 27(3)

£49.77 per week

2 Rent allowance under article 28

£28.85 per week1001

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

(a) if age 65 but under age 70

£8.70 per week

(b) if age 70 but under age 80

£16.75 per week

(c) if age 80 or over

£24.95 per week

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

£1.00 per week1001

5 Pension to dependent widower under article 32

£76.35 per week1001

6 Allowance under article 33 in...

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