The Personal Injuries (Civilians) Amendment Scheme 1985

Amendment of Article 21 of the principal Scheme

4.  In Article 21 of the principal Scheme (allowance for lowered standard of occupation) after paragraph (3) there shall be added the following new paragraphs:–

“(4) A disabled person shall not be eligible for an award under this Article in respect of a period in which he is over pensionable age unless, on the relevant day, his pensioned disablement was such as to render him incapable, and likely to remain permanently incapable, of following his regular occupation, and incapable of following any other occupation which was of an equivalent standard and was suitable in his case.

   

(5) In this Article–

(a) “pensionable age” means –

(i) in the case of the disabled person being a man, the age of 65, or

(ii) in the case of the disabled person being a woman, the age of 60;

(b) “qualifying disablement” means disablement in respect of which the disabled person had, on or before the relevant day, been awarded a pension under Article 11, or would have been awarded such a pension had he claimed it;

(c) “the relevant day” means –

(i) the day immediately preceding that on which the disabled person attained pensionable age, or

(ii) the day immediately following that on which the disabled person was last engaged in remunerative work,

whichever is the later.”