The Personal Injuries (Civilians) Scheme 1983

Members of the armed forces of the Crown

58.—(1) Where a person to whom or in respect of whose death an award may be made under this Scheme was on the material date a member of the armed forces of the Crown required to give whole-time service as such a member, no pension awarded under this Scheme in respect of his qualifying injury shall be paid—

(a) where he is disabled, in respect of any period during which he continues to give such whole-time service; or

(b) where he is dead, in respect of any period during which any service allowances are paid:

Provided that where in respect of the period mentioned in sub-paragraph (b) of this paragraph the aggregate amount of any benefits (other than a funeral grant) under Part IV of this Scheme which might, but for the provisions of this paragraph, have been paid in respect of his death, and, in the case of his widow, any other benefits for which she would have been eligible in respect of his death under Part IV of this Scheme if she had been in receipt of a widow's pension under Article 27, exceeds the aggregate amount of the service allowances, an amount equal to the excess may be paid.

(2) In this Article, “service allowances”, in relation to a deceased person, means any allowance, grant or other payment made out of moneys provided by Parliament at weekly or other periodical intervals to any person after the death of the deceased person in continuation of any payments made during the lifetime of the deceased person in respect of his service as a member of the armed forces of the Crown.