Personal Injuries (Civilians) Scheme 1983

JurisdictionUK Non-devolved
CitationSI 1983/686

1983 No. 686

PENSIONS

The Personal Injuries (Civilians) Scheme 1983

5thMay 1983

30thJune 1983

21stJuly 1983

CONTENTS

PART I—CITATION, COMMENCEMENT AND INTERPRETATION

Article 1. Citation and commencement

Article 2. Definitions

Article 3. Interpretation

Article 4. Declaration of civil defence organisations

PART II—GENERAL SCOPE OF THE SCHEME

Article 5. Entitlement

Article 6. Serious negligence or misconduct

Article 7. War injuries sustained by children, students and apprentices

PART III—AWARDS IN RESPECT OF DISABLEMENT OF GAINFULLY OCCUPIED PERSONS AND CIVIL DEFENCE VOLUNTEERS

Article 8. Application and interpretation of Part III

Article 9. General conditions applicable to awards under Part III

Article 10. Determination of degree of disablement

Article 11. Pension for disablement

Article 12. Allowances for elegible members of the family

Article 13. Education allowance

Article 14. Constant attendance allowance

Article 15. Exceptionally severe disablement allowance

Article 16. Severe disablement occupational allowance

Article 17. Allowance for wear and tear of clothing

Article 18. Unemployability allowances

Article 19. Invalidity allowance

Article 20. Comforts allowance

Article 21. Allowance for lowered standard of occupation

Article 22. Age allowance

Article 23. Treatment allowances

Article 24. Allowance where abstention from work is necessary following treatment in a hospital or similar institution

Article 25. Allowance for part-time treatment

PART IV—AWARDS IN RESPECT OF THE DEATH OF GAINFULLY OCCUPIED PERSONS AND CIVIL DEFENCE VOLUNTEERS

Article 26. Application of Part IV

Article 27. Pensions to widows

Article 28. Rent allowance to widows who have children

Article 29. Allowance to elderly widows

Article 30. Pensions to unmarried dependants who lived as wives

Article 31. Temporary allowances to widows and unmarried dependants who lived as wives of severly disabled persons

Article 32. Pensions to dependent widowers

Article 33. Allowances in respect of children under the age of 15

Article 34. Pensions to motherless or fatherless children under the age of 15

Article 35. Awards to or in respect of children over the age of 15

Article 36. Education allowance

Article 37. Awards to or in respect of ineligible members of the families of unemployable pensioners

Article 38. Pensions to parents

Article 39. Pensions to other dependants

Article 40. Funeral grants

PART V—AWARDS TO OR IN RESPECT OF PERSONS NOT GAINFULLY OCCUPIED

Article 41. Application and interpretation of Part V

Article 42. Pension for disablement

Article 43. Constant attendance allowance

Article 44. Exceptionally severe disablement allowance

Article 45. Comforts allowance

Article 46. Allowance for wear and tear of clothing

Article 47. Age allowance

Article 48. Treatment allowances

Article 49. Awards in respect of death

Article 50. Allowance to elderly widows

Article 51. Temporary allowances to widows of severly disabled persons

Article 52. Education allowance

PART VI—GENERAL PROVISIONS

Article 53. Interpretation of Part VI

Article 54. Time limits for applications

Article 55. Notice required in the case of injuries sustained by young children

Article 56. Determination of medical questions

Article 57. Power to relax conditions of Scheme

Article 58. Members of the armed forces of the Crown

Article 59. Members of visiting and allied forces, etc.

Article 60. Injuries sustained outside the United Kingdom

Article 61. Persons ordinarily resident outside the United Kingdom

Article 62. Prevention of double payments

Article 63. Adjustment of awards in respect of other compensation

Article 64. Maintenance in hospital or an institution

Article 65. Abatement of awards in respect of Social Security Benefits

Article 66. Payment of public claims out of pensions

Article 67. Administration of pensions, etc.

Article 68. Forfeiture of pensions

Article 69. Refusal of treatment

Article 70. Provisions with respect to dependent children

Article 71. Marriage of female persons

Article 72. Power to award lump sums

Article 73. Failure to draw pension

Article 74. Commencing dates of awards of pension

Article 75. Payment of pensions

Article 76. Review of decisions, assessments and awards

Article 77. Posthumous awards

Article 78. Power to dispense with probate

Article 79. Declarations and certificates

Article 80. Administration of this Scheme

Article 81. Revocation of previous Schemes and transitional provisions

SCHEDULES

Schedule 1. Civil defence organisations

Schedule 2. Assessment of disablement caused by specified injuries and of certain other disablements

Schedule 3. Rates of pensions and allowances payable in respect of disablement

Schedule 4. Rates of pensions and allowances payable in respect of death

Schedule 5. Commencing dates of awards of pension

Schedule 6. Revocations

The Secretary of State for Social Services, with the approval of the Treasury, in exercise of powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939(a) and now vested in him(b), and of all other powers enabling him in that behalf, and for the purpose only of consolidating the Schemes hereby revoked, hereby makes the following Scheme:—

PART I

CITATION, COMMENCEMENT AND INTERPRETATION

Citation and commencement

1. This Scheme may be cited as the Personal Injuries (Civilians) Scheme 1983, and shall come into operation on 21st July 1983.

Definitions

2. In this Scheme, unless the context otherwise requires—

(1) "the Act" means the Personal Injuries (Emergency Provisions) Act 1939;

(2) "adopted" means adopted in pursuance of—

(a) an adoption order made under the Adoption Act 1958(c), any previous enactment relating to the adoption of children, the Adoption Act 1968(d), the Children Act 1975(e), any corresponding legislation in Northern Ireland, or the Adoption (Scotland) Act 1978(f); or

(b) an adoption order made in the Isle of Man or any of the Channel Islands; or

(c) an overseas adoption within the meaning of section 4 of the Adoption Act 1968; or

(d) any other adoption order made under any law in force outside the United Kingdom which, in the opinion of the Secretary of State, is analogous to any of the aforesaid enactments;

and "adoption" shall be construed accordingly;

(3) "adult dependant", in relation to a person who has sustained a qualifying injury, for the purposes of Article 18 means—

(a) a person who resides in the injured person's home and who is his—

(i) grandfather or father (including stepfather) and is incapable of self-support;

(ii) grandmother or mother (including stepmother) and is a widow or has never been married or is married to a husband who is incapable of self-support;

(iii) son (including stepson, adopted son or illegitimate son) or brother

(a) 1939 c. 82.

(b) See Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), Article 2, Ministry of Social Security Act 1966 (c. 20), section 2, and Secretary of State for Social Services Order 1968 (S.I. 1968/1699), Article 2.

(c) 1958 c. 5 (7 & 8 Eliz. 2).

(d) 1968 c. 53.

(e) 1975 c. 72.

(f) 1978 c. 28.

(including half-brother or stepbrother) and has attained the age of 18 and is incapable of self-support;

(iv) daughter (including stepdaughter, adopted daughter or illegitimate daughter) or sister (including half-sister or stepsister) and has attained the age of 18 and has never been married or is a widow or is married to a husband who is incapable of self-support; or

(b) a female person who has attained the age of 18 and who, in the injured person's home, looks after any dependent child of the injured person in respect of whom an allowance under Article 12 or 18 is being paid;

being, in each case, a person who is in receipt of regular and substantial support or benefit from the injured person;

(4) "apprentice" means a person undergoing full-time training for any trade, business, profession, office, employment or vocation, and receiving not more than nominal wages;

(5) "civil defence organisation" means an organisation which is declared by Article 4 to be a civil defence organisation for the purposes of the Act and this Scheme;

(6) "civil defence volunteer", in relation to an injury, means a person certified by a responsible officer of a civil defence organisation to have been a member of that organisation at the time when the injury was sustained;

(7) "dependent child", in relation to a person who has sustained a qualifying injury, means his—

(a) legitimate or legitimated child;

(b) stepchild;

(c) adopted child;

(d) illegitimate child, who was not legitimated upon the marriage of the injured person to the child's mother or father;

(e) illegitimate child, whose mother is, or was at the date of her marriage to the injured person or of her death, an unmarried dependant living as a wife of that person;

being a child who, if the injured person is alive, is dependent on that person or, if the injured person is dead, was so dependent at the date of his death, or is a legitimate child coming within sub-paragraph (a) of this definition and was born after the injured person's death;

(f) illegitimate child, not being a child who comes within sub-paragraphs (d) or (e) of this definition, who was born not later than 9 months after the material date and who—

(i) having been born before the material date, was dependent on the injured person on that date and, if the injured person is alive, remains so dependent or, if the injured person is dead, was so dependent at the date of his death;

(ii) was born on or after the material date and, if the injured person is alive, is dependent on that person or, if the injured person is dead, either was dependent on him at the date of his death or was born after his death;

(g) foster-child, that is to say, a child who—

(i) was, throughout the period of 6 months (or such lesser period as the Secretary of State may determine in the exceptional circumstances of any case) expiring on the material date, being brought up and wholly or mainly maintained...

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