The Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005

• Citation: S.I. 2005/3031
• Sections: 26

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005 and shall come into force on 5th December 2005.

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

Section 2 Amendment 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 2 (definitions)

Article 2 shall be amended as follows—

(1) in sub-paragraph 3(a)(ii) delete the words “a widow or has never been married or is married to a husband who is”;

(2) in sub-paragraph 3(a)(iv) delete the words “has never been married or is a widow or is married to a husband who”;

(3) for paragraph (8) there shall be substituted—

“dependant living as a civil partner” in relation to a person who has sustained a qualifying injury, means—

where the injured person is alive, a person of the same sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;

where the injured person is dead, a person of the same sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;

and “dependant who lived as a civil partner” shall be construed accordingly;

(4) for paragraph (9) there shall be substituted—

“dependant living as a spouse”, in relation to a person who has sustained a qualifying injury, means—

where the injured person is alive, a person of the opposite sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;

where the injured person is dead, a person of the opposite sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;

and “dependant who lived as a spouse” shall be constructed accordingly;

(5) in paragraph (10) for the words “wife, husband” there shall be substituted “spouse, civil partner”;

(6) in sub-paragraph (16)(d) for the words “spouse (not being a separated spouse)” there shall be substituted “spouse (not being a separated spouse) or civil partner (not being a separated civil partner)”;

(7) in paragraph (21A) for the words “dependent widower” there shall be substituted “widower”;

(8) paragraph (21B) shall be omitted; and

(9) paragraph (22) shall be omitted.

Section 2 Amendment of article 3 (interpretation)

Article 3 shall be amended as follows—

(1) in sub-paragraph (8)(b) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”; and

(2) in paragraph 9—

(a) after the word “spouse” (in each place) there shall be inserted “or civil partner”; and

(b) after the word “spouses” (in each place) there shall be inserted “or civil partners”.

Section 3 Amendment of article 18 (unemployability allowance)

In sub-paragraph 18(5)(b) for the words “wife or husband” there shall be substituted “spouse, civil partner”.

Section 4 Amendment of article 27 (pensions to widows and widowers)

Article 27 shall be amended as follows—

(1) for the heading substitute “Pensions to surviving spouses and surviving civil partners”;

(2) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(3) for the word “spouse's” there shall be substituted “spouse’s or civil partner's”; and

(4) after the word “spouse” (in each place) there shall be inserted “or civil partner”.

Section 5 Amendment of article 28 (rent allowance to widows who have children)

Article 28 shall be amended as follows—

(1) for the heading substitute “Rent allowance to surviving spouses and surviving civil partners who have children”; and

(2) after the words “surviving spouse” (in each place) insert “or surviving civil partner”.

Section 6 Amendment of article 29 (allowances to elderly surviving spouses)

Article 29 shall be amended as follows—

(1) in the heading after the word “spouses” there shall be inserted “and elderly surviving civil partners”; and

(2) after the word “spouse” there shall be inserted “or surviving civil partner”.

Section 7 Amendment of article 30 (pensions to unmarried dependant who lived as wives)

Article 30 shall be amended as follows—

(1) in the heading for the words “unmarried dependants who lived as wives” there shall be substituted “dependants who lived as spouses and dependants who lived as civil partners”;

(2) in paragraph (1) for the words “An unmarried dependant who lived as a spouse” there shall be substituted “A dependant who lived as a spouse or a dependant who lived as a civil partner,”;

(3) in paragraph (2) for the words “an unmarried dependant who lived as a spouse” there shall be substituted “a dependant who lived as a spouse or a dependant who lived as a civil partner,”;

(4) in paragraphs (2) and (3) for the words “the unmarried dependant who lived as a spouse” there shall be substituted “the dependant who lived as a spouse or the dependant who lived as a civil partner”.

Section 8 Amendment of article 31 (temporary allowances to widows or widowers and unmarried dependants who lived as wives of severely disabled persons)

Article 31 shall be amended as follows—

(1) for the heading of the article there shall be substituted “Temporary allowances to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners of severely disabled persons”;

(2) in paragraph (1) for the words “widow or widower or unmarried dependant who lived as his spouse” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as his spouse or dependant who lived as his civil partner”;

(3) in paragraphs (2), (3), and (5) for the words “widow or widower” (in each place) there shall be substituted “surviving spouse or surviving civil partner”;

(4) in sub-paragraph (2)(a) for the word “spouse's” there shall be substituted “spouse’s or civil partner's”;

(5) in sub-paragraph (2)(b) after the word “spouse” there shall be inserted “or civil partner”;

(6) in paragraph (3) for the words “An unmarried dependant who lived as the spouse” there shall be inserted “A dependant who lived as the spouse or civil partner”;

(7) in paragraph (4) for the words “widow or widower of a person or an unmarried dependant who lived as the spouse” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as the spouse or dependant who lived as the civil partner,”; and

(8) in paragraph (5) for the word “re-marries” there shall be inserted “enters into a subsequent marriage or forms a subsequent civil partnership”.

Section 9 Amendment of article 38 (pensions to parents)

In paragraph (2) for the words “widow, unmarried dependant who lived as a spouse, or widower” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner”.

Section 10 Amendment of article 39 (pensions to other dependants)

In paragraph (2) for the words “wife or husband” there shall be substituted “spouse or civil partner”.

Section 11 Amendment of article 49 (awards in respect of death)

Article 49 shall be amended as follows—

(1) in sub-paragraphs (1)(a), 1(b) and 3(a) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(2) in sub-paragraph 1(c) and paragraph (2) for the words “widow or widower” (in each place) there shall be substituted “surviving spouse, surviving civil partner”;

(3) in paragraph (3) for the words “to the widow or widower” there shall be substituted “to the surviving spouse, surviving civil partner”; and

(4) in sub-paragraph 3(a)—

(a) for the words “widow’s or widower's” there shall be substituted “surviving spouse’s or surviving civil partner's”;

(b) for the word “husband” there shall be substituted “spouse or civil partner”; and

(c) for the word “husband's” there shall be substituted “spouse’s or civil partner's”.

Section 12 Amendment of article 50 (allowance to elderly surviving spouses)

Article 50 shall be amended as follows—

(1) in the heading of the article after the words “surviving spouses” there shall be inserted “and elderly surviving civil partners”; and

(2) after the word “spouse” there shall be inserted “or surviving civil partner”.

Section 13 Amendment of article 51 (temporary allowances to widows or widowers of severely disabled persons)

Article 51 shall be amended as follows—

(1) for the heading of the article substitute “Temporary allowances to surviving spouses and surviving civil partners of severely disabled persons”; and

(2) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”.

Section 14 Amendment of article 54 (time limits for applications)

Article 54 shall be amended as follows—

(1) in sub-paragraph (1B)(f) for the word “widows” there shall be substituted “surviving spouses and surviving civil partners”;

(2) in sub-paragraph (1B)(g) for the words “widows and unmarried dependants who lived as wives” there shall be substituted “surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners,”;

(3) in sub-paragraph (1B)(k) for the word “widows” there shall be substituted “surviving spouses and surviving civil partners”; and

(4) in sub-paragraph (1B)(l) for the word “widows” there shall be substituted “surviving spouses and surviving civil partners”.

Section 15 Amendment of article 58 (members of the armed forces of the Crown)

Article 58 shall be amended as follows—

(1) in paragraph (1) for the words “his widow” there shall be substituted “his surviving spouse or surviving civil partner”; and

(2) in paragraph (1) for the words “widow’s pension” there shall be substituted “surviving spouse’s or surviving civil partner’s pension”.

Section 16 Amendment of article 60 (injuries sustained outside the United Kingdom)

Article 60 shall be amended as follows—

(1) for in sub-paragraph 3(e)(ii) substitute

(ii) by a person whose death has occurred as the direct result of the injury if the claimant is either his surviving spouse or surviving civil partner who was born in the United Kingdom and is a British subject or but for her marriage to the deceased person would be a British subject, or, where that surviving spouse or surviving civil partner has also died, is his dependant child:

Section 17 Amendment of article 68 (forfeiture of pensions)

In paragraph (2) for the words “pensioner’s spouse, to an unmarried dependant of the pensioner” there shall be substituted “pensioner’s spouse, the pensioner’s civil partner, a dependant of the pensioner who has not married or formed a civil partnership”.

Section 18 Amendment of article 71 (effects of marriage and living together)

Article 71 shall be amended as follows—

(1) in the heading of the article for the words “marriage and living together” there shall be substituted “relationships subsequent to the award of a pension”;

(2) in paragraph (1) for the words “marries or lives with another person as the spouse of that person” there shall be substituted “marries, forms a civil partnership, lives with another person as the spouse of that person or lives with another person as a civil partner of that person”;

(3) in sub-paragraph (1A)(a) for the words “had another person living with her as her spouse” there shall be substituted “formed a civil partnership, lived with another person as the spouse of that person or lived with another person as the civil partner of that person”;

(4) in paragraph (1B) for the words “marries or begins to live with another person as the spouse of that person” there shall be substituted “marries, forms a civil partnership, begins to live with another person as the spouse of that person or begins to live with another person as the civil partner of that person”; and

(5) In paragraph (2) after the word “marries” insert “or forms a civil partnership”.

Section 19 Amendment of article 74A (direct credit transfer)

In sub-paragraph 1(b) after the word “spouse” there shall be inserted “or civil partner”.

Section 20 Amendment of article 77 (posthumous Awards)

Article 77 shall be amended as follows—

(1) in sub-paragraph (1)(b)(i) for the words “widow or, as the case may be, widower” there shall be substituted “surviving spouse or surviving civil partner”; and

(2) in sub-paragraph (1)(b)(ii) for the words “unmarried dependant who lived as a spouse;” there shall be substituted “dependant who lived as a spouse or dependant who lived as a civil partner”.

Section 21 Amendment of the table at Schedule 3 (rates of pension and allowances payable in respect of disablement and earnings or income thresholds)

In paragraph 7(b)(i) for the words “wife or a dependant husband” there shall be substituted “spouse, civil partner or adult dependant”.

Section 22 Amendment of the table at Schedule 4 (rates of pensions and allowances payable in respect of death)

The table at Schedule 4 shall be amended as follows—

(1) in paragraph 1 for the words “widows and widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(2) in paragraph 3 after the word “spouse” there shall be inserted “and elderly surviving civil partner”; and

(3) in paragraph 4 for the words “unmarried dependant who lived as spouse” there shall be substituted “dependants who lived as spouses and dependants who lived as civil partners”.

Section 23 Amendment of Schedule 5 (commencing dates of awards of pension)

Schedule 5 shall be amended as follows—

(1) For paragraph 1(4) substitute—

(4) This sub-paragraph is satisfied where the date of claim or application for review is made within 3 months of—

(a) the date of the disabled person’s qualifying injury or, where an award is made in respect of a person’s death, the date of death; or

(b) except where paragraph (a) applies, the date of notification of a decision on the claim or review.

(2) For paragraph 2 substitute—

(1) In a case to which section 168 of the Pensions Act 1995 (war pensions for widows: effect of remarriage) or article 71(1A) (Relationships subsequent to the award of a pension) applies, for paragraph 1(4)(a) of this Schedule substitute “the date of termination of a marriage or of a judicial separation relating to a marriage; or the date of termination of a civil partnership or a separation order relating to a civil partnership; or the date that the claimant ceased to live with another as a spouse or civil partner;”

(2) In this paragraph,

(a) in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pensions Act 1995

(b) in relation to civil partners

(i) the reference to the termination of a civil partnership is to the termination of the civil partnership by death, dissolution or annulment, and

(ii) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom.

and for those purposes a dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.

Section 24 Amendment of the table at Schedule 7 (deductions for the purposes of article 64)

In Schedule 7 there shall be substituted the Table set out in Schedule 2 to this Order.