The Personal Injuries (Civilians) Scheme 1983

Awards in respect of death

49.—(1) Subject to the following provisions of this Article, a pension based on pecuniary need may be awarded under this Article in respect of the death of a person—

(a) to a widow of that person or, as the case may be, to a dependent widower of that person;

(b) where there is no such widow or dependent widower, to a dependent child of that person;

(c) where there is no such widow, dependent widower or dependent child and the Secretary of State in the exceptional circumstances of any case so directs, to a parent of that person to whose support that person had regularly contributed throughout the period of 6 months expiring on the date of his death or throughout such other period as the Secretary of State may determine.

(2) A pension under this Article shall only be awarded if the pecuniary need of the widow, dependent widower, dependent child or parent of the deceased person arises because, by reason of the death of that person, a pension, superannuation allowance, annuity or other income of which that person was in receipt at the date of his death is not available (otherwise than by virtue of a disposition made by that person) for the support of the widow, dependent widower, dependent child or parent.

(3) A pension under this Article shall be at such a rate as may appear to the Secretary of State to be justified by the circumstances of the case, but shall not exceed—

(a) in the case of a pension to a widow, the aggregate rate of the widow's pension, any allowances in respect of dependent children of her husband, and any other benefits in respect of her husband's death; and

(b) in the case of a pension to a dependent widower, the aggregate rate of the pension and any allowances in respect of dependent children of the deceased person; and

(c) in any other case, the rate of the pension;

which could have been awarded under Part IV of this Scheme (otherwise than under Article 36) to the widow, dependent widower, dependent child or parent, as the case may be, if the deceased person had been a gainfully occupied person.

(4) Subject to the foregoing provisions of this Article, a pension under this Article shall be subject to the conditions which would have been appropriate under Part IV of this Scheme if the deceased person had been a gainfully occupied person.