The Personal Injuries (Civilians) (Amendment) Scheme 2004

• Citation: S.I. 2004/717
• Sections: 28

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2004 and shall come into force on 12th April 2004.

(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

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

Section 1 Amendment of article 26A

In article 26A (funeral expenses)—

(1) in paragraph (1)—

(a) in subparagraph (a) at the end insert “and”;

(b) in subparagraph (b) at the beginning insert the words “that person’s funeral has taken place, providing that where the date of the funeral is on or before 11th April 2004”;

(c) omit the words “, including the cost of transporting the person’s body but only within the area of the British Islands and the Republic of Ireland”.

(2) in paragraph (2)—

(a) at the beginning insert the words “Subject to paragraph (3),”;

(b) omit the words “, and after deduction of any amount payable in respect of death benefit in the Isle of Man or any of the Channel Islands”;

(c) for subparagraph (b) substitute—

(b) transportation of the body, but for funerals taking place on or before 11th April 2004 transportation only within the British Islands and the Republic of Ireland;

(d) for subparagraph (c) substitute—

(c) travelling costs of one return journey by the person responsible for the funeral to attend or arrange the funeral, but for funerals taking place on or before 11th April 2004 only travelling costs of one return journey within the British Islands or the Republic of Ireland;

(e) at the end insert—

(3) In the case of a funeral which takes place on or after 12th April 2004, the reasonable funeral expenses shall not exceed a total of £1400.

Section 2 Substitution of Schedules 3,4 and 7 to the principal Scheme

(1) 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.

(2) 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.

Section 1

Pension for 100 per cent. Disablement under article 11

Section 1

Pension to widows and widowers—

Section 2

Education allowance under article 13

Section 2

Rent allowance under article 28

Section 3

Constant attendance allowance under article 14

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

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

Section 6

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

Section 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—

Section 7

Unemployability allowances—

Section 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—

Section 8

Invalidity allowance payable under article 19

Section 8

Education allowance under article 36

Section 9

Comforts allowance—

Section 9

Pensions to parents—

Section 10

Allowance for lowered standard of occupation under article 21

Section 10

Pensions to other dependants—

Section 11

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

Section 12

For decisions made before 9th April 2001

Treatment allowance – increase of personal allowance under article 23(2)

Section 13

Part-time treatment allowance under article 25

Section 14

Mobility supplement under article 25A