The Personal Injuries (Civilians) Amendment Scheme 2002

• Citation: S.I. 2002/672
• Sections: 18

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 2002 and shall, subject to article 2(2), come into force on 8th April 2002 (“the commencement date”).

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

Section 2 Amendments to the principal Scheme and application

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

(2) Paragraphs 2, 3 and 6(c) of Schedule 1 to this Scheme (which amend articles 18, 19 and 31 of the principal Scheme) shall apply for the purposes of claims or reviews made on or after 1st August 2002.

Section 1 Amendment of articles 2 and 32

Paragraph (9) of article 2 (definition of “dependent widower”) and article 32 (pensions to dependent widowers) shall be omitted.

Section 2 Amendment of article 18

In article 18 (unemployability allowances)—

(a) in paragraph (1A) after sub-paragraph (b) insert the full-out words “unless paragraph (1B) applies.”; and

(b) after paragraph (1A) insert—

(1B) If the disabled person—

(a) was in receipt of unemployability allowance before 7th April 1997;

(b) became engaged in remunerative work on or after 8th April 2002 and in consequence ceased to be entitled to unemployability allowance;

(c) had given notice to the Secretary of State that he had become engaged in remunerative work within one week of ceasing to be entitled to unemployability allowance;

(d) then ceased to be engaged in remunerative work;

(e) makes a new claim for unemployability allowance within 52 weeks of the termination of the original payment of unemployability allowance; and

(f) was not engaged in a previous period of remunerative work within 28 weeks of the date sub-paragraph (b) applied to them,

then paragraph (1) shall continue to apply to that new claim subject to the degree of disablement being assessed at not less than 20 per cent.

(1C) For the purposes of paragraph (1B), “remunerative work” means either—

(a) work for which payment is made or which is done in expectation of payment; or

(b) attendance at a training course in respect of which the disabled person receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or any corresponding provisions in Northern Ireland.

Section 3 Amendment of article 19

In paragraph (3) of article 19 (invalidity allowance) after “8 weeks” insert “or the break is by reason of remunerative work where the disabled person is one to whom sub-paragraphs (b) to (f) of article 18(1B) apply”.

Section 4 Amendment of articles 27, 31, 49, 51 and 60

In articles 27 (pensions to widows), 31 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons), 49 (awards in respect of death), 51 (temporary allowances to widows of severely disabled persons) and in paragraph (3)(e)(ii) of article 60 (injuries sustained outside the United Kingdom) for “widow” substitute “widow or widower”.

Section 5 Amendment of article 27

In article 27 (pensions to widows)—

(a) for “her husband’s death” substitute “their spouse’s death”;

(b) in paragraphs (b) and (c) for “her husband” substitute “their spouse”;

(c) in paragraph (c) for “mother” substitute “parent”; and

(d) the title to the article shall be amended to “pensions to widows and widowers”.

Section 6 Amendment of article 31

In article 31 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons)—

(a) for “wife” substitute “spouse”;

(b) for “her husband” substitute “their spouse”; and

(c) after paragraph (1) add—

(1A) For the purposes of paragraph (1), a disabled person shall be treated as if they were in receipt of an allowance under article 18(1)(i) if—

(i) at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and

(ii) the period of remunerative work had not exceeded a period of 52 weeks.

Section 7 Amendment of article 33

In paragraph (2) of article 33 (allowances for children under the age of 15) for the words “paragraph 6” substitute “paragraph 5”.

Section 8 Amendment of article 34

In paragraph (2) of article 34 (pensions for children under the age of 15 with no parents living) for the words “paragraph 7” substitute “paragraph 6”.

Section 9 Amendment of article 35

In paragraph (2)(b) of article 35 (awards for children aged 15 or over) for the words “paragraph 8” substitute “paragraph 7”.

Section 10 Amendment of article 36

In paragraph (3) of article 36 (education allowance) for the words “paragraph 9” substitute “paragraph 8”.

Section 11 Amendment of article 38

In paragraph (4) of article 38 (pensions to parents) for the words “paragraph 10(a)” substitute “paragraph 9(a)” for “paragraph 10(b)” substitute “paragraph 9(b)” and for “paragraph 10(c)” substitute “paragraph 9(c)”.

Section 12 Amendment of article 39

In article 39 (pensions to other dependants)—

(a) in paragraph (4) for the words “paragraph 11(a)” substitute “paragraph 10(a)” and for “paragraph 11(b)” substitute “paragraph 10(b)”; and

(b) in paragraph (5) for the words “paragraph 11(c)” substitute “paragraph 10(c)”.

Section 13 Amendment of article 49

In article 49 (awards in respect of death)—

(a) in paragraph (1)(a), after “widow of that person” omit the words following to the end of that paragraph;

(b) in paragraphs (1)(b), (1)(c), (2) and (3)(c) “dependent widower” shall be omitted; and

(c) paragraph (3)(b) shall be omitted.

Section 14 Amendment of article 54

In paragraph (3) of article 54 (time limits for applications) omit “32”.

Section 15 Amendment of article 71

In paragraph (4) of article 71 (marriage of female persons) for “man as his wife” substitute “person as their spouse”.

Section 16 Substitution of Schedules 3, 4 and 7 to the principal Scheme

(a) 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 Schedule 2 to this Scheme and numbered 3 and 4.

(b) For Schedule 7 to the principal Scheme (deductions for the purposes of article 64) there shall be substituted the table set out in Schedule 3 to this Scheme.