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The Personal Injuries (Civilians) Scheme 1983

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Awards to or in respect of children over the age of 15

35.—(1) An allowance in respect of, or a pension to, a dependent child of a deceased person may be awarded, or an award of such an allowance or pension may be continued, after the child has attained the age of 15 where the child—

(a)is a student or an apprentice; or

(b)is incapable of self-support by reason of an infirmity which arose before he attained that age:

and the circumstances are such, in the opinion of the Secretary of State, as to justify the award or its continuance.

(2) Subject to paragraph (3) of this Article, an allowance or pension so awarded or continued shall be at the rate and subject to the conditions which would have been appropriate under the foregoing provisions of this Part of this Scheme if the child had not attained the age of 15.

(3) Where—

(a)in the case of a deceased male person, a dependent child of his is not under the control of the child's mother or of a person who is or has been in receipt of a pension under Article 27 or 30 in respect of the death of that person; or

(b)in the case of a deceased female person, a dependent child of hers is not under the control of the child's father; or

(c)the conditions of Article 34(1) are fulfilled in respect of a child;

the allowance in respect of or the pension to the child may be awarded at, or, if already awarded, increased to, such rate as the Secretary of State may consider appropriate in the circumstances of the case not exceeding the appropriate rate specified in Schedule 4, paragraph 8.

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