The Personal Injuries (Civilians) (Amendment) Scheme 2009

• Citation: S.I. 2009/438
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2009 and shall come into force on 6th April 2009.

(2) In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and a reference to a numbered article, table or Schedule, is a reference to the article, table or Schedule in the principal Scheme which bears that number.

Section 2 Amendments to the principal Scheme

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

Section 3 Transitional provision

Where a claim for funeral expenses in accordance with article 26A or 49A is made in respect of a death which occurred before 6th April 2009, article 26A of the principal Scheme as in force immediately prior to the coming into force of this Scheme shall apply to that claim.

Section 1 Amendment to article 20 (Comforts allowance)

For article 20(1)(a) substitute—

(a) at the rate specified in Schedule 3 paragraph 9(a) where either subparagraph (i) or (ii) or both apply—

(i) this subparagraph applies where the disabled person is in receipt of an allowance under article 14 at any rate and an allowance under article 18,

(ii) this subparagraph applies where the disabled person is in receipt of an allowance under either paragraph (4) or (5) of article 14 and is in receipt of a pension in respect of disablement the degree of which is 100%;

Section 2 Amendment to article 26A (Funeral expenses)

For article 26A substitute—

Funeral expenses

(26A)

(1) Where paragraph (2) applies the Secretary of State shall make an award for funeral expenses of £2,200.

(2) This paragraph applies where—

(a) a person’s war injury or, as the case may be, war service injury causes him to die on or after 6th April 2009;

(b) the funeral of that person has taken place; and

(c) within three months of that person’s funeral, either—

(i) a claim is made for funeral expenses, or

(ii) an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent, about claiming funeral expenses and a claim is made for such expenses within three months of the date on which the claim form is sent in response to the enquiry.

Section 3 Amendment to Schedule 2 (Assessment of disablement caused by specified injuries and of certain other disablements)

In Schedule 2 in the category “Other Disablements” after the entries for “Absolute deafness” insert into the first column the word “Mesothelioma” and insert into the second column in the corresponding place the figure “100”.

Section 4 Amendment to Schedule 3 (Rates of pensions and allowances payable in respect of disablement and earnings or income thresholds)

For Schedule 3 substitute the Schedule set out in Schedule 2 to this Scheme.

Section 5 Amendment to Schedule 4 (Rates of pensions and allowances payable in respect of death)

For Schedule 4 substitute the Schedule set out in Schedule 3 to this Scheme.