The Personal Injuries (Civilians) Scheme 1983

Posthumous Awards

77.—(1) In this article—

(a) “claimant” means a person who has made a claim for an award of pension under this Scheme;

(b) “designated person” means the person who after due enquiry appears to the Secretary of State to be—

(i) the claimant's widow or, as the case may be, widower; or if it appears to the Secretary of State that there is no such person,

(ii) the claimant's unmarried dependant who lived as a wife; or, if it so appears that there are no such persons as aforesaid,

(iii) the claimant's children; or, if it so appears that there are no such persons as aforesaid,

(iv) the claimant's parents; or, if it so appears that there are no such persons as aforesaid,

(v) the claimant's other dependants; or, if it so appears that there are no such persons as aforesaid,

(vi) the claimant's personal representatives.

(2) Where there is no grant of probate or letters of administration or other proof of title in respect of a deceased claimant's estate, the expression “personal representatives” in the last foregoing head means the person or persons appearing to the Secretary of State to be beneficially entitled to the estate of the deceased claimant.

(3) Subject to the following provisions of this article, where after making a claim for an award of pension under this Scheme the claimant dies before an award has been made in the first instance or, as the case may be, consequent upon an appeal under the Pensions Appeal Tribunals Act 1943, the Secretary of State may, notwithstanding the claimant's death, make an award in accordance with the provisions of this Scheme.

(4) Any such award shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State for any award so made in respect of that claim.

(5) No award shall be made in respect of any period after the claimant's death.