The Personal Injuries (Civilians) Amendment Scheme 1993

• Citation: S.I. 1993/480
• Sections: 37

l Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1993 and shall come into force for the purposes of this article and articles 2 and 8 on 1st April 1993 and for all other purposes on 12th April 1993.

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

Section 2 Amendment of article 2 of the principal Scheme

In article 2 of the principal Scheme in paragraph 19 (definition of “public funds”), for the words “the Abolition of Domestic Rates Etc. (Scotland) Act 1987, moneys provided under the Local Government Finance Act 1988” there shall be substituted the words “the Local Government Finance Act 1992 ”.

Section 3 Amendment of article 18 of the principal Scheme

In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,106” there shall be substituted the amount “£2,184”.

Section 4 Amendment of article 23 of the principal Scheme

In article 23 of the principal Scheme (treatment allowances)—

(a) in paragraph (1) after the words “he receives treatment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings”;

(b) after paragraph (6) there shall be added the following paragraph—

(7) For the purposes of articles 23, 24 and 25 the expression “earnings” means any remuneration or profit derived from an employment.

Section 5 Amendment of article 24 of the principal Scheme

In article 24 of the principal Scheme (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words “necessitated that treatment” there shall be inserted the following words “and as a result of abstention from work he incurs a loss of earnings,”.

Section 6 Amendment of article 25 of the principal Scheme

In article 25 of the principal Scheme (allowance for part-time treatment) in paragraph (1) after the words “normal employment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings.”.

Section 7 Amendment of article 25B of the principal Scheme

In article 25B of the principal Scheme (medical expenses) after the words “in so far as” there shall be inserted the words “the expenses wholly or mainly arise as a result of a qualifying injury and in so far as”.

Section 8 Amendment of article 28 of the principal Scheme

In article 28 of the principal Scheme (rent allowance to widows who have children) in paragraph (1) for the words “community charge” there shall be substituted the words “council tax”.

Section 9 Amendment of article 71 of the principal Scheme

In article 71 of the principal Scheme (marriage of female persons)—

(a) for paragraph (3) there shall be substituted the following paragraph—

(3) Subject to paragraph (4) below, where a pension awarded to a person under articles 27, 30 or 49 of this Scheme ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year’s pension.

(b) for paragraph (4) there shall be substituted the following paragraph—

(4) Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993, and the death of that man occurs after 11th April 1993, the Secretary of State may award that person a gratuity equal to one year’s pension.

(c) paragraph (5) shall be omitted.

Section 10 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 to this Scheme and numbered 3 and 4.

Section 11 Revocations

The following articles of the principal Scheme shall be revoked—

(a) article 13 (education allowance in respect of disablement of gainfully occupied persons and civil defence volunteers);

(b) article 36 (education allowance in respect of death of gainfully occupied persons and civil defence volunteers);

(c) article 38 (pensions to parents);

(d) article 39 (pensions to other dependants); and

(e) article 52 (education allowance in respect of persons not gainfully occupied).

Section 12 Transitional provisions

(1) Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme and the revocation of articles 13, 36, 38, 39 and 52 of that Scheme, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993, those provisions shall, for the duration of that award, continue to have effect as though this Scheme had not come into force.

(2) Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Scheme had not come into force.

Section 1

Pension for 100 per cent. disablement under article 11.

Section 1

Pension to widow—

(a) under article 27(1)

Section 2

Education allowance under article 13.

Section 2

Rent allowance under article 28

Section 3

Constant attendance allowance—

(a) under the proviso of article 14

Section 3

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

(a) if aged 65 but under age 70

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 of clothing—

(a) under article 17(1)(a)

Section 6

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

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

Section 7

Unemployability allowance—

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

Section 7

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

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

Section 8

Invalidity allowance payable under article 19

(a) If—

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

Section 8

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

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

Section 9

Comforts allowance—

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

Section 9

Education allowance under article 36

Section 10

Allowance for lowered standard of occupation under article 21

Section 10

Pensions to parents—

(a) minimum rate under article 38(4)

Section 11

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

(a) 40 or 50 per cent.

Section 11

Pensions to other dependants—

(a) for each juvenile dependant under article 39(4)

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