The Personal Injuries (Civilians) Amendment Scheme 1988

• Citation: S.I. 1988/367
• Sections: 29

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1988 and shall come into force on 11th April 1988.

(2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .

Section 2 Amendment of Article 18 of the principal Scheme

In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,352” there shall be substituted the amount “£1,404”.

Section 3 Substitution of Schedules 3 and 4 to the principal Scheme

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 Schedules set out in the Schedule hereto and numbered 3 and 4.

Section 4 Amendment of Article 66 of the principal Scheme

For paragraph (2) of Article 66 of the principal Scheme (payment of public claims out of pensions), there shall be substituted the following paragraph:

(2) Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say —

(a) benefit under the Supplementary Benefits Act 1976 , or

(b) income support under the Social Security Act 1986 or under the Income Support (Transitional) Regulations 1987 , or

(c) any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987,

has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1) of this Article, and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority adminstering the benefit or as the case may be income support.

Section 1

Pension for 100 per cent. disablement under Article 11

Section 1

Pension to widow —

Section 2

Education allowance under Article 13

Section 2

Rent allowance under Article 28

Section 3

Constant attendance allowance —

Section 3

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

Section 4

Exceptionally severe disablement allowance under Article 15

Section 4

Pension under Article 30 to unmarried dependant who lived as spouse

Section 5

Severe disablement occupational allowance under Article 16

Section 5

Pension to dependant widower under Article 32

Section 6

Allowance for wear and tear on clothing —

Section 6

Allowances under Article 33 in respect of each child under the age of 15

Section 7

Unemployability allowances —

Section 7

Pension under Article 34(1) to a motherless or fatherless child under the age of 15

Section 8

Invalidity allowance payable under Article 19

Section 8

Pension or allowance under Article 35(3) to or in respect of a child over the age of 15 —

Section 9

Comforts allowance —

Section 9

Education allowance under Article 36

Section 10

Allowance for lowered standard of occupation under Article 21

Section 10

Pensions to parents —

Section 11

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

Section 11

Pensions to other dependants —

Section 12

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

Section 13

Part-time treatment allowance under Article 25

Section 14

Mobility supplement under Article 25A