The Personal Injuries (Civilians) Amendment Scheme 1995

Made: 23rd February 1995

Laid before Parliament: 3rd March 1995

Coming into force: 10th April 1995

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

1

• (1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1995 and shall come into force on 10th April 1995.

• (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 “2,236” there shall be substituted the amount “2,288”.

Amendment of article 25A of the principal Scheme

3

At the end of head (iii) of sub-paragraph (1)(c) of article 25A of the principal Scheme (mobility supplement)[^f00004] there shall be added the word “; or” followed by the following head—

(iv) has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 1992[^f00005] or the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00006] having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.

Amendment of article 76A of the principal Scheme

4

In paragraph (1) of article 76A of the principal Scheme (suspension in individual cases— Pensions Appeal Tribunal)[^f00007] for the words “the determination of that question on appeal” there shall be substituted the words “the determination of the appeal”.

Amendment of article 76B of the principal Scheme

5

In paragraph (1) of article 76B of the principal Scheme (suspension in individual cases— courts) for the words “the determination of that question on appeal” there shall be substituted the words “the determination of the appeal”.

Substitution of Schedules 3 and 4 to the principal Scheme

6

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 Schedule set out in the Schedule to this Scheme and numbered 3 and 4.

SCHEDULE — SCHEDULES TO BE SUBSTITUTED IN THE PRINCIPAL SCHEME

Signed

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

Mackay of Ardbrecknish — Minister of State, — Department of Social Security — 17th February 1995

We approve,

Timothy Kirkhope — Andrew Mitchell — Two of the Lords Commissioners of Her Majesty’s Treasury — 23rd February 1995

Explanatory note

(This note is not part of the Scheme)

This Scheme further amends the Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686) (“the principal Scheme”) which makes provision for the payment of pensions and allowances to or in respect of civilians who were killed or injured during the 1939-45 World War by increasing the amounts of allowances, pensions and awards payable under that Scheme and also increasing the amounts of income to be disregarded for the purposes of certain parts of the Scheme.

In addition the Scheme contains amendments of a drafting nature. It does not impose any costs on business.

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, 3226, 1993/480, 1994/715 and 2021.

[^f00004]: Article 25A was inserted by article 3 of S.I. 1983/1164. There are amendments to the article which are not relevant for the purposes of this instrument.

[^f00005]: 1992 c. 4.

[^f00006]: 1992 c. 6.

[^f00007]: Articles 76A and 76B were inserted by article 4 of S.I. 1994/715.