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The Personal Injuries (Civilians) Scheme 1983

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Pensions to parents

38.—(1) A pension may be awarded to a parent of a deceased person in accordance with the following provisions of this Article where—

(a)the parent is in pecuniary need by reason of having reached the age of not less than 65 in the case of a man, or 60 in the case of a woman, or infirmity or other adverse condition which is not merely of a temporary character; and

(b)the deceased person had, throughout the period of 6 months expiring on the date of his death or throughout such other period as the Secretary of State may determine in the exceptional circumstances of any case, regularly contributed to the support of the parent.

(2) Where there is no widow, unmarried dependant who lived as a wife, or widower of the deceased person in receipt of a pension under this Part of this Scheme in respect of his death and the Secretary of State considers it likely that the deceased person would, if he had not died, have contributed to the support of a parent, an award may be made to that parent under this Article notwithstanding that the condition contained in paragraph (1)(b) of this Article is not fulfilled:

Provided that this paragraph shall not, unless the Secretary of State in the exceptional circumstances of any case otherwise directs, have effect in any case where the deceased person was a person to whom Article 7 applies.

(3) In determining whether and to what extent a parent is in pecuniary need, the Secretary of State shall take into account the extent to which the deceased person had been contributing to the support of the parent before his death and the extent to which that person, if he had not died, would have been likely, in the opinion of the Secretary of State, to support the parent.

(4) A pension awarded under this Article shall be at such rate as the Secretary of State may consider appropriate in the circumstances of the case, being a rate which is not less than the rate specified in Schedule 4, paragraph 10(a), and is not more than the appropriate rate specified in paragraph 10(b) of the said Schedule:

Provided that, where by reason of exceptional circumstances the Secretary of State thinks fit, the rate of a pension under this Article may be increased by a sum not exceeding the appropriate amount specified in paragraph 10(c) of the said Schedule.

(5) A pension to the parent of a deceased person under this Article shall not be paid in respect of any period where the Secretary of State does not consider it likely that the deceased person would have contributed to the support of that parent during that period.

(6) Where an award to a parent may be made under this Article in respect of the death of two or more persons—

(a)one pension only may be awarded under this Article in respect of the death of those persons; and

(b)paragraph (3) of this Article shall have effect as if it referred to the contributions of all those persons.

(7) Where the conditions for the award of a pension under this Article are fulfilled in the case of more than one parent of a deceased person, a pension may be awarded to whichever parent the Secretary of State may select and, so long as the award to that parent is in force, a pension shall not be awarded to any other parent of that person:

Provided that, where the parents of the deceased person are living apart from each other, a pension may be awarded to each of them, so, however, that the aggregate rate of the pensions awarded to the parents shall not exceed the maximum rate at which a pension under this Article could be awarded if those parents were not living apart from each other.

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