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The Personal Injuries (Civilians) Scheme 1983

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Treatment allowances

23.—(1) Subject to the provisions of this Article, a disabled person may be awarded, in respect of any period during which he receives treatment, a treatment allowance consisting of—

(i)a personal allowance at the rate of pension which would be payable if the degree of his disablement were 100 per cent., increased, where appropriate, in accordance with paragraph (2) of this Article;

(ii)an additional allowance for a dependant in accordance with paragraph (3) of this Article:

Provided that—

(a)a treatment allowance shall be subject to such deductions or adjustments as the Secretary of State may think appropriate having regard to all the circumstances of the case;

(b)where a disabled person is in receipt of a treatment allowance under this Article in respect of any period, no payment shall be made in respect of that period of any other award under the foregoing provisions of this Part of this Scheme except—

(i)an award under Article 13, 15, 17, 18(1)(i), 19 or 20; or

(ii)an award under Article 14 but, in the case of treatment in a hospital or similar institution the whole or part of the cost of which is paid out of public funds, for the first four weeks thereof only; or

(iii)an award under Article 16.

(2) Where a disabled person has attained the age of 65, he may be awarded an increase of his personal allowance under paragraph (1)(i) of this Article—

(a)at a rate equal to that of the allowance which he would be receiving under Article 22 but for paragraph (b) of the proviso to paragraph (1) of this Article or at such higher rate as the Secretary of State may determine having regard to the circumstances of the case; or

(b)at such rate as the Secretary of State may determine if in his opinion an award should be made to a person who is not eligible for an award under the preceding sub-paragraph:

Provided that the rate of any increase under this paragraph shall not exceed the rate specified in Schedule 3, paragraph 12.

(3) An additional allowance may be awarded in respect of an eligible dependant at the rate and subject to the conditions which would be appropriate under Article 12 if that dependant were an eligible member of the family and the degree of the disabled person's disablement were 100 per cent.

(4) For the purposes of Article 13, 14, 17, 18(1)(i) or 20, personal allowance shall be deemed to be pension under Article 11.

(5) In this Article “treatment” means

(a)any treatment as an in-patient of a hospital or similar institution; or

(b)a course of medical, surgical or rehabilitative treatment of a remedial nature;

which in either case the Secretary of State is satisfied that a disabled person should receive in consequence of a qualifying injury, but does not include any treatment which involves no or only occasional interruptions of the disabled person's normal employment.

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