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The Personal Injuries (Civilians) (Amendment) Scheme 2009

As Enacted Cited authorities 12 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/438
Year2009

2009 No. 438

Pensions

The Personal Injuries (Civilians) (Amendment) Scheme 2009

Made 2nd March 2009

Laid before Parliament 4th March 2009

Coming into force 6th April 2009

The Secretary of State for Defence, with the approval of the Treasury, makes the following Scheme in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 19391and now vested in him2.

S-

Citation, commencement and interpretation

This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2009 and shall come into force on 6th April 2009.

In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 19833, and a reference to a numbered article, table or Schedule, is a reference to the article, table or Schedule in the principal Scheme which bears that number.

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Amendments to the principal Scheme

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

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Transitional provision

Where a claim for funeral expenses in accordance with article 26A or 49A is made in respect of a death which occurred before 6th April 2009, article 26A of the principal Scheme as in force immediately prior to the coming into force of this Scheme shall apply to that claim.

Kevan Jones

Parliamentary Under Secretary of State

Ministry of Defence

27th February 2009

Bob Blizzard

Steve McCabe

Two of the Lords Commissioners of Her Majesty’s Treasury

2nd March 2009

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL SCHEME

SCH-1.1

1. Amendment to article 20 (Comforts allowance)

For article 20(1)(a) substitute—

“(a)

“(a) at the rate specified in Schedule 3 paragraph 9(a) where either subparagraph (i) or (ii) or both apply—

(i) this subparagraph applies where the disabled person is in receipt of an allowance under article 14 at any rate and an allowance under article 18,

(ii) this subparagraph applies where the disabled person is in receipt of an allowance under either paragraph (4) or (5) of article 14 and is in receipt of a pension in respect of disablement the degree of which is 100%;”.

SCH-1.2

2. Amendment to article 26A (Funeral expenses)

For article 26A substitute—

SCH-1.26A

“Funeral expenses

26A.—(1) Where paragraph (2) applies the Secretary of State shall make an award for funeral expenses of £2,200.

(2) This paragraph applies where—

(a)

(a) a person’s war injury or, as the case may be, war service injury causes him to die on or after 6th April 2009;

(b)

(b) the funeral of that person has taken place; and

(c)

(c) within three months of that person’s funeral, either—

(i) a claim is made for funeral expenses, or

(ii) an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent, about claiming funeral expenses and a claim is made for such expenses within three months of the date on which the claim form is sent in response to the enquiry.”.

SCH-1.3

3. Amendment to Schedule 2 (Assessment of disablement caused by specified injuries and of certain other disablements)

In Schedule 2 in the category “Other Disablements” after the entries for “Absolute deafness” insert into the first column the word “Mesothelioma” and insert into the second column in the corresponding place the figure “100”.

SCH-1.4

4. Amendment to Schedule 3 (Rates of pensions and allowances payable in respect of disablement and earnings or income thresholds)

For Schedule 3 substitute the Schedule set out in Schedule 2 to this Scheme.

SCH-1.5

5. Amendment to Schedule 4 (Rates of pensions and allowances payable in respect of death)

For Schedule 4 substitute the Schedule set out in Schedule 3 to this Scheme.

SCHEDULE 2

Schedule 1 paragraph 4

SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 3 TO THE PRINCIPAL 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

£152.40 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

£115.00 per week1001

(b) in any other case under article 14

£57.50 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)

£28.75 per week

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

£57.50 per week

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

£86.25 per week

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

£115.00 per week

4.

Exceptionally severe disablement allowance under article 15

£57.50 per week

5.

Severe disablement occupational allowance under article 16

£28.75 per week

6.

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

£196.00 per annum

7.

Unemployability allowances—

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

£94.20 per week

(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)

£53.10 per week1001

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

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

£12.35 per week

(bb) in respect of each other child

£14.50 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

£14.50 per week

For decisions made on or after 9th April 2001

(c) the annual earnings figure for the purposes of article 18(2) is £4,784

(d) the weekly income figure for the purposes of article 18(5) (b) is £63.53

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

£18.65 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 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 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 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

£12.00 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

£6.00 per week

9.

Comforts Allowance—

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

£24.70 per week

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

£12.35 per week

10.

Allowance for lowered standard of occupation under article 21

£57.44 per week1001

11.

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

(a) 40 or 50 per cent.

£10.25 per week

(b) 60 or 70 per cent.

£15.65 per week

(c) 80 or 90 per cent.

£22.30 per week

(d) 100 per cent.

£31.30 per week

12.

For decisions made before 9th April 2001, treatment allowance—increase of personal allowance under article 25

£31.30 per week1001

13.

Part-time treatment allowance under article 25

£69.95 per day1001

14.

Mobility supplement under article 25A

£54.85 per week

  • ((a)) .

  • ((*)) maximum”

SCHEDULE 3

Schedule 1 paragraph 5

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 surviving spouses and surviving civil partners—

(a) under article 27(1)

£115.55 per week

(b) under article 27(2)

£27.68 per week

(c) under article 27(3)

£77.32 per week

2.

Rent allowance under article 28

£43.60 per week1002

3.

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

(a) if age 65 but under 70

£13.20 per week

(b) if age 70 but under age 80

£25.30 per week

(c) if age 80 or over

£37.55 per week

4.

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

£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

£18.15 per week

(b) in respect of each other child

£20.30 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

£20.30 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

£20.70 per week

(b) in respect of each other child

£22.70 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

£22.70 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

£88.75 per week1002

(b) any other case—

(i) in respect of...

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