Statutory Instrument 1995 No. 445

The Personal Injuries (Civilians) Amendment Scheme 1995

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© Crown Copyright 1995

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1995 No. 445

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 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^[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 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^[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 "2,236" there shall be substituted the amount "2,288".

Amendment of article 25A of the principal Scheme
    3.    ^[4]At the end of head (iii) of sub-paragraph (1)(c) of article 25A of the principal Scheme (mobility supplement) 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^[5] or the Social Security Contributions and Benefits (Northern Ireland) Act 1992^[6] 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)^[7] 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.

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

[1] 1939 c. 82. back

[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; Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843) article 3. back

[3] 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. back

[4] 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. back

[5] 1992 c. 4. back

[6] 1992 c. 6. back

[7] Articles 76A and 76B were inserted by article 4 of S.I. 1994/715. back

Explanatory Note