The Personal Injuries (Civilians) Amendment Scheme 1993

Made: 4th March 1993

Laid before Parliament: 11th March 1993

Coming into force

The Secretary of State for Social Security, 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

l

• (1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1993 and shall come into force for the purposes of this article and articles 2 and 8 on 1st April 1993 and for all other purposes on 12th April 1993.

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

Amendment of article 2 of the principal Scheme

2

In article 2 of the principal Scheme in paragraph 19 (definition of “public funds”), for the words “the Abolition of Domestic Rates Etc. (Scotland) Act 1987, moneys provided under the Local Government Finance Act 1988” there shall be substituted the words “the Local Government Finance Act 1992 [^f00004]”.

Amendment of article 18 of the principal Scheme

3

In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,106” there shall be substituted the amount “£2,184”.

Amendment of article 23 of the principal Scheme

4

In article 23 of the principal Scheme (treatment allowances)—

• (a) in paragraph (1) after the words “he receives treatment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings”;

• (b) after paragraph (6) there shall be added the following paragraph—

(7) For the purposes of articles 23, 24 and 25 the expression “earnings” means any remuneration or profit derived from an employment.

Amendment of article 24 of the principal Scheme

5

In article 24 of the principal Scheme (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words “necessitated that treatment” there shall be inserted the following words “and as a result of abstention from work he incurs a loss of earnings,”.

Amendment of article 25 of the principal Scheme

6

In article 25 of the principal Scheme (allowance for part-time treatment) in paragraph (1) after the words “normal employment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings.”.

Amendment of article 25B of the principal Scheme

7

In article 25B of the principal Scheme (medical expenses) [^f00005] after the words “in so far as” there shall be inserted the words “the expenses wholly or mainly arise as a result of a qualifying injury and in so far as”.

Amendment of article 28 of the principal Scheme

8

In article 28 of the principal Scheme (rent allowance to widows who have children) [^f00006] in paragraph (1) for the words “community charge” there shall be substituted the words “council tax”.

Amendment of article 71 of the principal Scheme

9

In article 71 of the principal Scheme (marriage of female persons)—

• (a) for paragraph (3) there shall be substituted the following paragraph—

(3) Subject to paragraph (4) below, where a pension awarded to a person under articles 27, 30 or 49 of this Scheme ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year’s pension.

• (b) for paragraph (4) there shall be substituted the following paragraph—

(4) Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993, and the death of that man occurs after 11th April 1993, the Secretary of State may award that person a gratuity equal to one year’s pension.

• (c) paragraph (5) shall be omitted.

Substitution of Schedules 3 and 4 to the principal Scheme

10

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 to this Scheme and numbered 3 and 4.

Revocations

11

The following articles of the principal Scheme shall be revoked—

• (a) article 13 (education allowance in respect of disablement of gainfully occupied persons and civil defence volunteers);

• (b) article 36 (education allowance in respect of death of gainfully occupied persons and civil defence volunteers);

• (c) article 38 (pensions to parents);

• (d) article 39 (pensions to other dependants); and

• (e) article 52 (education allowance in respect of persons not gainfully occupied).

Transitional provisions

12

• (1) Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme and the revocation of articles 13, 36, 38, 39 and 52 of that Scheme, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993, those provisions shall, for the duration of that award, continue to have effect as though this Scheme had not come into force.

• (2) Notwithstanding the amendments made by this Scheme to articles 23, 24 and 25 of the principal Scheme, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Scheme had not come into force.

SCHEDULE — SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

Signed

Signed by authority of the Secretary of State for Social Security.

Henley — Parliamentary Under-Secretary of State, — Department of Social Security — 2nd March 1993

We approve,

Irvine Patnick — Tim Kirkhope — Two of the Lords Commissioners of Her Majesty’s Treasury — 4th March 1993

Explanatory note

(This note is not part of the Scheme)

This Scheme 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.

Articles 2 and 8 of this Scheme amends articles 2 and 28 of the principal Scheme as a consequence of the abolition of community charge and introduction of council tax on 1st April.

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 3 and 10 and the Schedule).

Article 4 , 5 and 6 of this Scheme amends articles 23, 24 and 25 of the principal Scheme respectively to provide that treatment allowance may be payable only where there has been a loss of earnings.

Article 7 of this Scheme amends article 25B of the principal Scheme to enable medical expenses to be defrayed where they arise wholly or mainly from the disablement due to a qualifying injury.

Article 9 of this Scheme abolishes the restoration of pension to females who remarry.

Article 11 of this Scheme abolishes education allowances pensions to parents and other dependants.

Article 12 of this Scheme provides transitional provisions.

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; Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), article 3.

[^f00003]: S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1985/1313, 1986/628, 1987/191, 1988/367, 2260, 1989/415, 1990/535, 1300, 1991/708, 1992/702 and 3226.

[^f00004]: 1992 c. 14.

[^f00005]: Article 25B was inserted by S.I. 1984/1289.

[^f00006]: Relevant amending instrument is S.I. 1989/415.