The Personal Injuries (Civilians) Scheme (Amendment) Order 2017

Cited as:SI 2017/149
Jurisdiction:England & Wales

2017No. 149

PENSIONS

The Personal Injuries (Civilians) Scheme (Amendment) Order 2017

Made8thFebruary2017

Laid before Parliament15thFebruary2017

Coming into force10thApril2017

The Secretary of State, with the approval of the Treasury, makes the following Order in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939( 1).

Citation and commencement

1. This Order may be cited as the Personal Injuries (Civilians) Scheme (Amendment) Order 2017 and comes into force on 10th April 2017.

Amendment of the Personal Injuries (Civilians) Scheme 1983

2. The Personal Injuries (Civilians) Scheme 1983( 2) (‘the Scheme’) is amended as follows.

Amendment of Schedule 3 (rates of pensions and allowances payable in respect of disablement and earnings or income thresholds)

3. For the table in Schedule 3 to the Scheme substitute the table in Schedule 1 to this Order.

Amendment of Schedule 4 (rates of pensions and allowances payable in respect of death)

4. For the table in Schedule 4 to the Scheme substitute the table in Schedule 2 to this Order.

1st February 2017

Mark Lancaster

Parliamentary Under Secretary of State

Ministry of Defence

8th February 2017

Andrew Griffiths

David Evennett

Two of the Lords Commissioners of Her Majesty's Treasury

SCHEDULE 1

Article 3

TABLE TO BE SUBSTITUTED FOR THE TABLE IN SCHEDULE 3 TO THE SCHEME

Table

RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Description of Pension or Allowance

Rate

1. Pension for 100 per cent disablement under article 11

£180.00 per week

2. Education allowance under article 13

£120.00 per annum *

3. Constant attendance allowance under article 14

A. For decisions made before 9th April 2001—

(a) under the provisos to article 14

(b) in any other case under article 14

B. For decisions made on or after 9 th April 2001—

(a) the part day rate of constant attendance allowance under article 14(2)

(b) the full day rate of constant attendance allowance under article 14(3)

(c) the intermediate rate of constant attendance allowance under article 14(4)

(d) the exceptional rate of constant attendance allowance under article 14(5)

£135.80 per week *

£67.90 per week *

£33.95 per week

£67.90 per week

£101.85 per week

£135.80 per week

4. Exceptionally severe disablement allowance under article 15

£67.90 per week

5. Severe disablement occupational allowance under article 16

£33.95 per week

6. Allowance for wear and tear of clothing under article 17(1)

£232.00 per annum

7. Unemployability allowances—

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

(b) additional allowances for dependants by way of—

(i) increase of allowance in respect of a spouse, civil partner or adult dependant under article 18(5)(b)

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

(aa) in respect of only, elder or eldest child

(bb) in respect of each other child

(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992( 3) or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

For decisions made on or after 9 th April 2001

(c) the annual earnings figure for the purposes of article 18 (2) is £6,240

(d) the weekly income figure for the purposes of article 18(5)(b) is £73.10

£111.20 per week

£61.80 per week *

£14.35 per week

£16.90 per week

£16.90 per week

8. Invalidity allowance payable under article 19

(a) if—

(i) the relevant date fell before 5th July 1948;

(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 a 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

(b) if—

(i) on the relevant date the disabled person was aged 35 or over but under the age of 45;

(ii) on the relevant date the disabled person was aged 40 or over but under the age of 50 and had not attained the age of 65, in the case of a 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

(c) if sub-paragraph (a) or (b) does not apply and on the relevant date the disabled person was under the age of 60

£22.00 per week

£14.30 per week

£7.15 per week

9. Comforts Allowance—

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

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

£29.20 per week

£14.60 per week

10. Allowance for lowered standard of occupation under article 21

£67.88 per week *

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

(a) 40 or 50 per cent.

(b) 60 or 70 per cent.

(c) 80 or 90 per cent.

(d) 100 per cent.

£12.05 per week

£18.55 per week

£26.35 per week

£37.10 per week

12. For decisions made before 9th April 2001

Treatment allowance-increase of personal allowance under article 23(2)( 4)

£37.10 per week *

13. Part-time treatment allowance under article 25

£82.55 per day *

14. Mobility supplement under article 25A

£64.80 per week

* maximum’

SCHEDULE 2

Article 4

TABLE TO BE SUBSTITUTED FOR THE TABLE IN SCHEDULE 4 TO THE SCHEME

Table

RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or Allowance

Rate

1. Pension to surviving spouses and surviving civil partners—

(a) under article 27(1)

(b) under article 27(2)

(c) under article 27(3)

£136.50 per week

£32.69 per week

£91.31 per week

2. Rent allowance under article 28

£51.40 per week *

3. Allowance under article 29 or 50 to an elderly surviving spouse and elderly surviving civil partner—

(a) if aged 65 or over but under 70

(b) if aged 70 or over but under 80

(c) if aged 80 or over

£15.55 per week

£29.90 per week

£44.35 per week

4. Pension under article 30 to dependants who lived as spouses and dependants who lived as civil partners

£1.00 per week *

5. Allowance under article 33 in respect of each child under the age of 15—

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

(b) in respect of each other child

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

£21.40 per week

£24.00 per week

£24.00 per week

6. Pension under article 34(1) where the decision is made before 9th April 2001, to a motherless or fatherless child under the age of 15 and, where the decision is made on or after that date, under article 34(2) to a child under the age of 15 with no parents living—

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

(b) in respect of each other child

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

£24.50 per week

£26.80 per week

£26.80 per week

7. Pension or allowance where the decision is made before 9th April 2001, under article 35(3)( 5) and, where the decision is made on or after that date, under article 35(2) to or in respect of a child aged 15 or over—

(a) where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he or she attained the age of 15

(b) any other case—

(i) in respect of the only, elder or...

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