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The Personal Injuries (Civilians) Scheme 1983

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Allowance for lowered standard of occupation

21.—(1) Where a disabled person is in receipt of a pension under Article 11 in respect of disablement the degree of which is less than 100 per cent., or has been awarded a lump sum under Article 72, and in either case the disablement is such as to render him incapable, and likely to remain permanently incapable, of following the occupation which was his regular occupation—

(a)in the case of a whole-time paid member of a civil defence organisation; before becoming such a member of such an organisation; or

(b)in any other case, before the material date;

and incapable of following any other occupation which is of an equivalent standard and is suitable in his case, he may be awarded an allowance at a rate not exceeding the rate specified in Schedule 3, paragraph 10, so however that the aggregate rate of his pension under Article 11 together with the allowance under this Article shall not exceed the rate of pension which would have been appropriate in his case if the degree of his disablement had been 100 per cent.

(2) Subject to the provisions of paragraph (3), an allowance under this Article shall not be payable to a disabled person for any period in respect of which an allowance under Article 18(1)(i) is payable to him.

(3) Where a disabled person is in receipt of an allowance under this Article he may continue to receive such allowance if he becomes eligible subsequently for an allowance under Article 18(1)(i).

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