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The Personal Injuries (Civilians) Scheme 1983

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Interpretation

3.—(1) The provisions of sections 17(2) and 20(2) of the Interpretation Act 1978 shall not apply to Article 62(4).

(2) Subject to Article 76(6), any condition or requirement laid down in this Scheme for an award, or the continuance of an award, or relating to the rate or amount of an award, shall, unless the context otherwise requires, be construed as a continuing condition or requirement, and accordingly the award, rate or amount shall cease to have effect if and when the condition or requirement ceases to be fulfilled and shall be subject to variation from time to time in accordance with the condition or requirement.

(3) Any reference in this Scheme to an award in respect of a person's disablement or death shall be construed as a reference to an award in respect of the qualifying injury which has caused his disablement or of which his death is the direct result.

(4) Any reference in this Scheme to a child shall, unless the context otherwise requires, be construed as connoting relationship, whether natural or assumed, without any implication as to age.

(5) Any reference in this Scheme to a member of the armed forces of the Crown shall be construed as including a reference to a person employed in the nursing service or any other auxiliary service of any of those forces, and any reference to service as a member of the armed forces of the Crown shall be construed accordingly.

(6) Any condition or requirement in this Scheme that a child shall have been dependent on another person on a date specified in the condition or requirement shall be construed as a condition or requirement that the child shall, throughout such period expiring on that date as the Secretary of State may consider appropriate, have been regularly maintained by that other person or have had regular support or benefit provided for him by that other person:

Provided that if the child was on that date residing with that other person, the condition or requirement may be treated as being fulfilled in relation to that child.

(7) For the purposes of this Scheme, a person shall be treated as having attained the age of 15 at the commencement of the fifteenth anniversary of the day of his birth and similarly with respect to any other age.

(8) For the purposes of this Scheme—

(a)a person may be treated as being in receipt of a pension, allowance or other continuing benefit awarded to him under this Scheme notwithstanding that the pension, allowance or other benefit, or any part thereof, is by virtue of any provision of this Scheme being administered or otherwise applied for any purpose or paid to some other person;

(b)where an allowance under this Scheme awarded in respect of a child is withheld or reduced under Article 70, a widow who has the child residing with her or under her control may be treated as being in receipt of the allowance notwithstanding that it is so withheld or reduced;

(c)a condition for the award of any pension, allowance or grant under this Scheme that a person is, or, as the case may be, was, in receipt of pension, allowance or other award under this Scheme may be treated as satisfied if that person is, or, as the case may be, was, in receipt of any payment, made by the Secretary of State with the consent of the Treasury, which is analogous to that pension, allowance or other award.

(9) For the purposes of this Scheme, any question as to whether a person—

(a)is an adopted child, or is a parent by virtue of having adopted a child, shall be determined as if any adoption effected by a person who at the date of the adoption had a spouse and was not separated from that spouse, had been effected by those two spouses, jointly; or

(b)is a grandparent, step-parent, brother, sister, half-sister, stepbrother, stepsister or grandchild shall be determine as if—

(i)any person adopted jointly by two persons who at the date of the adoption were spouses, or by a person who at that date had a spouse and was not separated from that spouse, were the legitimate child of those spouses;

(ii)any person adopted by a person who at the date of the adoption had no spouse or was separated from his spouse were the legitimate child of that person;

(iii)any person born illegitimate had been born the legitimate child of his father and mother.

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