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Statutory Instruments

1987 No. 191

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 1987

Made

11th February 1987

Laid before Parliament

18th February 1987

Coming into force

6th April 1987

The Secretary of State for Social Services, with the consent of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939(1) and now vested in him(2), 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 1987 and shall come into force on 6th April 1987.

(2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983(3).

Amendment of Article 18 of the principal Scheme

2.  In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,326” there shall be substituted the amount “£1,352”.

Abolition of funeral grants

3.—(1) The principal Scheme shall be amended in accordance with the following provisions of this Article.

(2) Article 40 (funeral grants), and paragraph 12 of Schedule 4 are hereby revoked.

(3) In Article 53 the words “(other than a funeral grant)” and the words “and the expression “funeral grant” means a funeral grant under Article 40” shall be omitted.

(4) In Article 54(3) the words “or of a funeral grant” shall be omitted.

(5) In Article 58(1) the words “(other than a funeral grant)” shall be omitted.

(6) In Article 63(1) and (2) the words “or funeral grant” shall be omitted wherever they appear.

(7) In Article 66(1) the words “or funeral grant” shall be omitted wherever they appear.

(8) In Article 67(1) and (2) the words “or funeral grant” shall be omitted wherever they appear.

(9) In Article 79 the words “or funeral grant” shall be omitted wherever they appear.

Substitution of Schedules 3 and 4 to the principal Scheme

4.  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.

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

Trumpington

Parliamentary Under-Secretary of State,

Department of Health and Social Security

6th February 1987

We consent,

Tim Sainsbury

Michael Neubert

Two of the Lords Commissioners of Her Majesty`s Treasury

11th February 1987

Article 4

SCHEDULESchedules to be substituted in the principal Scheme

Article 11

SCHEDULE 3Rates of Pensions and Allowances Payable in Respect of Disablement

Description of Pension or AllowanceRate
*

Maximum

1.  Pension for 100 per cent. disablement under Article 11

£ 64.50 per week

2.  Education allowance under Article 13

£120.00 per annum*

3.  Constant attendance allowance—

(a)under the proviso to Article 14

£ 51.60 per week*

(b)in any other case under that Article

£ 25.80 per week*

4.  Exceptionally severe disablement allowance under Article 15

£ 25.80 per week

5.  Severe disablement occupational allowance under Article 16

£ 12.90 per week

6.  Allowance for wear and tear of clothing—

(a)under Article 17(1)(a)

£ 56.00 per annum

(b)under Article 17(1)(b) and 17(2)

£ 88.00 per annum

7.  Unemployability allowances—

(a)personal allowance under Article 18(1)(i)

£ 41.95 per week

(b)additional allowances for dependants by way of—

(i)increase of allowance in respect of a wife or a dependent husband under Article 18(5)(b)

£ 23.75 per week*

(ii)allowance in respect of an adult dependant under Article 18(5)(c)

£ 23.75 per week*

(iii)increase of allowance in respect of each child under Article 18(5)(d)

£ 8.05 per week

8.  Invalidity allowance payable under Article 19

(a)if—

(i)the relevant date fell before 5th July 1948; or

(ii)on the relevant date the disabled person was under the age of 35; or

(iii)on the relevant date the disabled person was under the age of 40 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

} £ 8.30 per week

(b)if—

(i)on the relevant date the disabled person was under the age of 45; or

(ii)on the relevant date the disabled person was under the age of 50 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

} £ 5.30 per week

(c)if heads (a) and (b) do not apply and on the relevantdate the disabled person was a man under the age of 60 or a woman under the age of 55

£ 2.65 per week

9.  Comforts allowance—

(a)under Article 20(1)(a)

£ 11.10 per week

(b)under Article 20(1)(b) or 45(1)

£ 5.55 per week

10.  Allowance for lowered standard of occupation under Article 21

£ 25.80 per week*

11.  Age allowance under Article 22 where the degree of pensioned disablement is—

(a)40 or 50 per cent.

£ 4.50 per week

(b)60 or 70 per cent.

£ 7.00 per week

(c)80 or 90 per cent.

£ 10.05 per week

(d)100 per cent.

£ 14.00 per week

12.  Treatment allowances—

  • increase of personal allowance under Article 23(2)

£ 14.00 per week*

13.  Part-time treatment allowance under Article 25

£ 25.40 per day*

14.  Mobility supplement under Article 25A

£ 24.55 per week

Article 27

SCHEDULE 4Rates of Pensions and Allowances Payable in Respect of Death

Description of Pension or AllowanceRate
*

Maximum

1.  Pension to widow—

(a) under Article 27(1)

£ 51.35 per week

(b) under Article 27(2)

1.85 per week

2.  Rent allowance under Article 28

£ 19.55 per week*

3.  Allowance under Article 29 or 50 to an elderly surviving spouse—

(a) if age 65 but under age 70

£ 5.50 per week

(b) if age 70 but under age 80

£ 11.00 per week

(c) if age 80 or over

£ 13.85 per week

4.  Pension under Article 30 to unmarried dependant who lived as spouse

£ 1.00 per week*

5.  Pension to dependent widower under Article 32

£ 51.35 per week*

6.  Allowances under Article 33 in respect of each child under the age of 15

£ 11.60 per week

7.  Pensions under Article 34(1) to motherless or fatherless children under the age of 15

£ 12.70 per week

8.  Pension or allowance under Article 35(3) to or in respect of a child over the age of 15—

(a) where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15

£ 39.50 per week*

(b) any other case

£ 12.70 per week*

9.  Education allowance under Article 36

£120.00 per annum*

10.  Pensions to parents—

(a) minimum rate under Article 38(4)

£ 0.25 per week

(b) maximum rate under Article 38(4)—

(i)where there is only one eligible parent

£ 1.00 per week

(ii)where there is more than one eligible parent

£ 1.38 per week

(c) increase under the proviso to Article 38(4)—

(i)where there is only one eligible parent

£ 0.38 per week*

(ii)where there is more than one eligible parent

£ 0.62 per week*

11.  Pensions to other dependants—

(a) for each juvenile dependant under Article 39(4)

£ 0.30 per week*

(b) aggregate rate under Article 39(4)

£ 1.00 per week*

(c) under Article 39(5)

£ 1.00 per week*

Explanatory Note

(This note is not part of the Scheme)

This Scheme, which takes effect from 6th April 1987, 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.

Article 40 of the principal Scheme (funeral grants) is revoked to accord with the abolition of death grant payable under section 32 of the Social Security Act 1975 (c. 14) by the Social Security Act 1986 (c. 50), section 41 (Article 3).

This Scheme also 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 4, and the Schedule).

(2)

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.

(3)

S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628.