The Personal Injuries (Civilians) Amendment Scheme 1984

Amendment of Article 2 of the principal Scheme

2.  In Article 2 of the principal Scheme (definitions)—

(a) in paragraph (7) for sub-paragraphs (e), (f) and (g) there shall be substituted the following sub-paragraphs:—

  

“(e) illegitimate child, whose other parent is, or was at the date of his marriage to the injured person or of his death, an unmarried person living as a spouse of that person;

  

(f) illegitimate child, not being a child who comes within sub-paragraphs (d) or (e) of this definition, who—

(i) if the injured person is alive, is dependent on that person, or

(ii) if the injured person is dead, either was dependent on him at the date of his death or was born after his death;

  

(g) foster-child, that is to say a child who—

(i) where the injured person is alive, is being brought up and wholly or mainly maintained by that person as his child, or

(ii) where the injured person is dead, was being so brought up and so maintained by him at the date of his death;”;

  

(b) paragraph (8) shall be omitted;

(c) in paragraph (10) for the words from “dependent husband” to the end of the paragraph there shall be substituted the words “husband or dependent child of that person”;

(d) after paragraph (21) there shall be inserted the following paragraphs:—

  

“(21A) “surviving spouse” means the widow or, as the case may be, the dependent widower of a person referred to in sub-paragraphs (a) to (c) of Article 5(1) (entitlement);

  

(21B) “unmarried dependant living as a spouse”, in relation to a person who has sustained a qualifying injury, means —

(a) where the injured person is alive, a person of the opposite sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;

(b) where the injured person is dead, a person of the opposite sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person's death;

and “unmarried dependant who lived as a spouse” shall be construed accordingly;”.