The Personal Injuries (Civilians) Amendment Scheme 1988

Made: 1st March 1988

Laid before Parliament: 10th March 1988

Coming into force: 11th April 1988

The Secretary of State for Social Services, with the approval of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939[^f00001] and now vested in him[^f00002], and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation, commencement and interpretation

1

• (1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1988 and shall come into force on 11th April 1988.

• (2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983[^f00003].

Amendment of Article 18 of the principal Scheme

2

In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,352” there shall be substituted the amount “£1,404”.

Substitution of Schedules 3 and 4 to the principal Scheme

3

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 hereto and numbered 3 and 4.

Amendment of Article 66 of the principal Scheme

4

For paragraph (2) of Article 66 of the principal Scheme (payment of public claims out of pensions), there shall be substituted the following paragraph:

(2) Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say — (a) benefit under the Supplementary Benefits Act 1976[^f00004], or (b) income support under the Social Security Act 1986[^f00005] or under the Income Support (Transitional) Regulations 1987[^f00006], or (c) any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987, has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1) of this Article, and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority adminstering the benefit or as the case may be income support.

SCHEDULE — Schedules to be substituted in the principal Scheme

Signed

Signed by authority of the Secretary of State for Social Services

Skelmersdale — Parliamentary Under-Secretary of State, — Department of Health and Social Security — 24th February 1988

We approve,

Mark Lennox-Boyd — Michael Neubert — Two of the Lords Commissioners of Her Majesty’s Treasury — 1st March 1988

Explanatory note

(This note is not part of the Scheme)

This Scheme, which takes effect from 11th April 1988, further amends the Personal Injuries (Civilians) Scheme 1983 (“the principal Scheme”) which makes provision for the payment of pensions and allowances to or in respect of civilians who were killed or injured in the 1939—45 War.

This Scheme raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under Article 18 of the principal Scheme, and varies the rates of pensions and allowances in respect of disablement and death in the 1939—45 War (Articles 2 and 3, and the Schedule).

Article 4 makes changes consequential upon the coming into force on 11th April 1988 of provisions of the Social Security Act 1986 relating to income support.

Footnotes

[^f00001]: 1939 c. 82.

[^f00002]: See Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), article 2; Ministry of Social Security Act 1966 (c. 20), section 2; Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2.

[^f00003]: S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628 and 1987/191.

[^f00004]: 1976 c. 71, as amended by the Social Security Act 1980 (c. 30).

[^f00005]: 1986 c. 50.

[^f00006]: S.I. 1987/1969.