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The Personal Injuries (Civilians) Amendment Scheme 1983

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Insertion of new Article in the principal Scheme

3.  In Part III of the principal Scheme (awards in respect of disablement of gainfully occupied persons and civil defence volunteers) after Article 25 there shall be inserted the following new Article:—

Mobility supplement

25A.(1) Subject to the provisions of this Article a mobility supplement may be awarded at the rate specified in paragraph 14 of Schedule 3 to a person in receipt of a pension under Article 11 in respect of—

(a)disablement as a result of the amputation of both legs, at least one of which has been amputated either through or at a point above the knee; or

(b)disablement due to any other injury which is, and is likely to remain for at least 12 months from the date on which the question of eligibility for a supplement under this Article is considered by the Secretary of State (either at first instance or on review), wholly or mainly responsible for—

(i)rendering him unable to walk, or

(ii)restricting his leg movements to such an extent that his ability to walk without severe discomfort is of little or no practical use to him, or

(iii)rendering the exertion required to walk a danger to his life or a likely cause of serious deterioration in his health; or

(c)disablement by reason of which, immediately prior to the date on which the question of his eligibility for a supplement under this Article is first considered by the Secretary of State, he—

(i)has had the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of, and Schedule 2 to, the National Health Service Act 1977(1) or section 46 of the National Health Service (Scotland) Act 1978(2), or by the Department of Health and Social Services for Northern Ireland under Article 30 of the Health and Personal Social Services (Northern Ireland) Order 1972(3), which is a vehicle propelled by petrol engine or by electric power for use on the road and to be controlled by the occupant, or

(ii)has received any payment by way of grant under the said section 5(2) and Schedule 2 or the said section 46 or the said Article 30 towards the cost of running a private car, or any payment out of public funds which the Secretary of State is satisfied is analogous thereto, or

(iii)has been in receipt of a mobility allowance under section 37A of the Social Security Act 1975(4) or section 37A of the Social Security (Northern Ireland) Act 1975(5) having been deemed, by virtue of section 13 of the Social Security (Miscellaneous Provisions) Act 1977(6) or, as the case may be, Article 10 of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977(7), to be suffering from such disablement as is mentioned in subsection (1) of that section 37A and to satisfy the requirements of subsection (2)(a) of that section.

(2) In determining for the purposes of paragraph (1)(b) (i) and (ii) the extent of a person's walking ability regard shall be had to his ability to walk with a suitable prosthesis or artificial aid which he habitually wears or uses, or which he might reasonably be expected to wear or use.

(3) A mobility supplement under this Article shall not be payable to a person for any period in respect of which he—

(a)has the use of an invalid carriage or other vehicle provided under any of the statutory provisions referred to in paragraph (1)(c); or

(b)is in receipt of a mobility allowance under section 37A of the Social Security Act 1975 or section 37A of the Social Security (Northern Ireland) Act 1975.

(1)

1977 c.49.

(2)

1978 c.29.

(3)

S.I. 1972/1265 (N.I. 14), as amended by section 40 of, and paragraph 8 of Schedule 5 to, the Northern Ireland Constitution Act 1973 (c.36).

(4)

1975 c.14; section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c.60), and amended by section 3 of the Social Security Act 1979 (c.18).

(5)

1975 c.15 (N.I.); section 37A was inserted by Article 24 of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)).

(6)

1977 c.5.

(7)

S.I. 1977/610 (N.I. 11).

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