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The Personal Injuries (Civilians) Scheme 1983

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Application and interpretation of Part V

41.—(1) Under this Part of this Scheme awards may be made in respect of disablement caused by war injuries (not being war service injuries) to persons not gainfully occupied, other than persons to whom Article 7 applies, or in respect of the death of such persons where death is the direct result of such injuries:

Provided that an award under this Part of this Scheme in respect of a person's disablement shall not be made unless the disablement is serious and prolonged.

(2) An award under this Part of this Scheme in respect of a war injury (not being a war service injury) sustained by a person who has not attained the age of 15 shall not be made in respect of any period before he has attained that age and shall only be made on his attaining that age if the conditions governing the making of the award are then fulfilled.

(3) The provisions of Article 9 shall apply to an award in respect of a person's disablement under this Part of this Scheme in like manner as they apply to such an award under Part III of this Scheme.

(4) In this Part of this Scheme, unless the context otherwise requires, the expressions “disablement” and “disabled”, in relation to a person not gainfully occupied, have the like meaning as they have in relation to gainfully occupied persons by virtue of Article 8(2), and “degree”, in relation to disablement, has the meaning assigned to it in Article 8(2).

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