The Personal Injuries (Civilians) Amendment Scheme 1999

• Citation: S.I. 1999/262
• Sections: 29

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1999 and shall come into force on 12th April 1999.

(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 “£2,496” there shall be substituted the amount “£3,016”.

Section 3 Substitution of article 25B of the principal Order

For article 25B (medical expenses) there shall be substituted the following article–

(25B) Any necessary expenses in respect of the medical, surgical or rehabilitative treatment of a disabled person and of appropriate aids and adaptations for disabled living may, in so far as the expenses wholly or mainly arise as a result of a qualifying injury and in so far as the treatment, aids or adaptations are not provided for, otherwise than on payment of a charge by the disabled person, under legislation of the United Kingdom (other than any enactment under which this Scheme is made), be defrayed by the Secretary of State under such conditions and up to such amounts as he may determine.

Section 4 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 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 to article 14

Section 3

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

(a) if age 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 dependent widower under article 32

Section 6

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

Section 6

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

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

Section 7

Unemployability allowances–

(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–

(a) 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

(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 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

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 reason of an infirmity which arose before he attained the age 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 pensioned disablement is–

(a) 40 or 50 per cent.

Section 11

Pensions to other dependants–

(a) for each juvenile dependent 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