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The Personal Injuries (Civilians) Scheme 1983

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Marriage of female persons

71.—(1) An award of a pension under this Scheme to a female person in respect of the death of a person other than a pension to his parent shall not be made or, if made, shall cease to have effect where, after the death of the deceased person, she marries or lives with a man as his wife:

Provided that an allowance awarded under this Scheme in respect of a child of a deceased person shall not be affected by the cessation under this Article of the award of a pension to any other person.

(2) If the Secretary of State having regard to the special circumstances of the case so directs, paragraph (1) of this Article shall not apply to a child of a deceased person who, being in receipt of a pension under Article 35 or 49, marries after 30th September 1961.

(3) On the marriage—

(a)after 4th July 1948, of a widow in receipt of a pension under Article 27 or 49, or

(b)after 30th September 1961, of a widow who would have been in receipt of such a pension immediately before that marriage had that pension not ceased or been withheld in consequence of her living with a man as his wife,

she may be awarded a gratuity equal to one year's pension.

(4) An award of a pension which has been withheld or has ceased to have effect under paragraph (1) of this Article in consequence of a person living with a man as his wife may be made or restored by the Secretary of State, either in whole or in part, upon such terms and from such date (not being a date before 1st October 1961, or that on which she ceases so to live with a man as his wife, whichever is the later) as he thinks fit.

(5) The Secretary of State may award or restore, either in whole or in part and in respect of any period after 30th September 1961, any parent's pension which was withheld or ceased, under the provisions of any previous Scheme made under the Act, in consequence of the marriage of the parent or of her living with a man as his wife if the circumstances of the parent are, in the Secretary of State's opinion, such as to justify the making of the award or the restoration.

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