Search Legislation

The Personal Injuries (Civilians) Scheme 1983

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Maintenance in hospital or an institution

64.—(1) Where any person to or in respect of whom a pension or gratuity may be or has been awarded is receiving or has received free in-patient treatment, or is being or has been maintained in an institution (otherwise than for the purpose of undergoing medical or other treatment) which is supported wholly or partly out of public funds, or in which he is being or has been maintained pursuant to arrangements made by the Secretary of State, the Secretary of State may deduct such amount as he may think fit having regard to all the circumstances of the case from the pension or gratuity payable in respect of the period during which such treatment is received or during which the person is being so maintained, as the case may be, and may apply the amount so deducted, or any part thereof, in such proportions and subject to such conditions as he may determine having regard to all the circumstances of the case, in a payment or payments to the person upon his discharge following a period of free in-patient treatment, or in or towards paying or repaying the cost of maintaining the person incurred by any appropriate authority.

(2) For the purposes of this Article, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

(a)in a hospital or similar institution maintained or administered under the National Health Service Act 1977, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972, or by or on behalf of the Secretary of State, or by or on behalf of the Defence Council; or

(b)pursuant to arrangements made by the Secretary of State or by any body in the exercise of functions on behalf of the Secretary of State under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978, or by a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 in a hospital or similar institution not so maintained or administered;

and, for this purpose, a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period if he is paying or has paid, in respect of his maintenance, charges which are designed to cover the whole cost of the accommodation or services (other than services by way of treatment) provided for him in the hospital or similar institution for that period.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources