The Personal Injuries (Civilians) (Amendment) Scheme 2005

JurisdictionUK Non-devolved
CitationSI 2005/655

2005 No. 655

PENSIONS

The Personal Injuries (Civilians) (Amendment) Scheme 2005

Made 10th March 2005

Laid before Parliament 14th March 2005

Coming into force in accordance with article 1(1)

The Secretary of State for Defence, 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 him2, and 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 2005 and shall come into force—

for the purposes of this article, article 2 and paragraph 1 of Schedule 1 to this Scheme, on 6th April 2005.

for the purposes of paragraphs 2, 3 and 4 of Schedule 1 to this Scheme, on 11th April 2005.

In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 19833, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.

S-2 Amendments to the principal Scheme and application

Amendments to the principal Scheme and application

2. The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.

Ivor Caplin

Parliamentary Under-Secretary of State Ministry of Defence

9th March 2005

Nick Ainger

Jim Murphy

Two of the Lord’s Commissioners of Her Majesty’s Treasury

10th March 2005

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL SCHEME

SCH-1.1

1. Amendment of article 71 (marriage of female persons)

Article 71 shall be amended as follows—

(1) the heading of article 71 of the principal Scheme (Marriage of female persons) shall be changed to “Effects of marriage and living together”;

(2) in paragraph (1) for the word “No” there shall be substituted the words “Subject to paragraph (1B), no”;

(3) after paragraph (1A) there shall be inserted—

SCH-1.1B

“1B Any pension or allowance awarded to a person under Articles 27 to 30 (inclusive) and 49(1) shall not cease if that person marries or begins to live with another person as the spouse of that person on or after 6th April 2005.”.

SCH-1.2

2. Amendment of Schedule 3

For Schedule 3 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and earning or income thresholds) there shall be substituted the Schedule set out in Schedule 2 to this Scheme.

SCH-1.3

3. Amendment of Schedule 4

For Schedule 4 to the principal Scheme (rates of pensions and allowances payable in respect of death) there shall be substituted the Schedule set out in Schedule 3 to this Scheme.

SCH-1.4

4. Amendment of Schedule 7

For Schedule 7 to the principal Scheme (deductions for the purposes of article 64) there shall be substituted the Schedule set out in Schedule 4 to this Scheme.

SCHEDULE 2

Schedule 1 paragraph 2

SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 3 TO THE PRINCIPAL SCHEME

Table

“RATES OF PENSION 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

£131.30 per week

2.

Education allowance under article 13

£120.00 per annum1001

3.

Constant attendance allowance under article 14

A. For decisions made before 9th April 2001—

(a) under the proviso to article 14

£99.20 per week1001

(b) in any other case under article 14

£49.60 per week1001

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

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

£24.80 per week

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

£49.60 per week

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

£74.40 per week

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

£99.20 per week

4.

Exceptionally severe disablement allowance under article 15

£49.60 per week

5.

Severe disablement occupational allowance under article 16

£24.80 per week

6.

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

£169 per annum

7.

Unemployability allowances—

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

£81.15 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)

£45.70 per week1001

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

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

£10.60 per week

(bb) in respect of each other child

£12.50 per week

(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 19921000, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£12.50 per week

For decisions made on or after, 9 April 2001

(c) the annual earnings figure for the purposes of article 18(2) is £4,056;

(d) the weekly income figure for the purposes of article 18(5)(b) is £56.20.

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

£16.05 per week

(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

(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

£10.30 per week

(c) if heads (a) and (b) do not apply and on the relevant date the disabled person was under the age of 60

£5.15 per week

9.

Comforts allowance—

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

£21.20 per week

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

£10.60 per week

10.

Allowance for lowered standard of occupation under article 21

£49.52 per week1001

11.

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

(a) 40 or 50 per cent

£8.80 per week

(b) 60 or 70 per cent

£13.50 per week

(c) 80 or 90 per cent

£19.25 per week

(d) 100 per cent

£27.00 per week

12.

For decisions made before 9th April 2001, treatment allowance —increase of personal allowance under article 23(2)

£27.00 per week1001

13.

Part-time treatment allowance under article 25

£59.00 per day1001

14.

Mobility supplement under article 25A

£47.25 per week

(a) 1992 c. 4.

* maximum”

SCHEDULE 3

Schedule 1 paragraph 3

SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 4 OF THE PRINCIPAL SCHEME

Table

“RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or Allowance

Rate

1.

Pension to widows and widowers—

(a) under article 27(1)

£99.50 per week

(b) under article 27(2)

£23.85 per week

(c) under article 27(3)

£64.62 per week

2.

Rent allowance under article 28

£37.55 per week1002

3.

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

(a) if age 65 but under age 70

£11.40 per week

(b) if age 70 but under age 80

£21.80 per week

(c) if age 80 or over

£32.35 per week

4.

Pension under article 30 to unmarried dependant who lived as spouse

£1.00 per week1002

5.

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

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

£15.65 per week

(b) in respect of each other child

£17.50 per week

(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

£17.50 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, elder or eldest child

£17.80 per week

(b) in respect of each other child

£19.55 per week

(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

£19.55 per week

7.

Pension or allowance where the decision is made before 9th April 2001, under article 35(3) 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 attained the age of 15

£76.45 per week1002

(b) any other case—

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

£17.80 per week1002

(ii) in respect of each other child

£19.55 per week1002

(iii) 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

£19.55 per week1002

8.

Education allowance under article 36

£120 per annum1002

9.

Pensions to parents—

(a) minimum rate under article 38(4)

£0.25 per week

(b) maximum rate under article 38(4)

(i) where there is only one eligible parent

£1.00 per week

(ii) where there is more than one eligible parent

£1.38 per week

(c) increase under the proviso to article 38(4)—

(i) where there is only one eligible parent

£0.38 per week1002

(ii) where there is more than one...

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