The Personal Injuries (Civilians) Amendment Scheme 1989

Statutory Instruments

1989 No. 415

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 1989

Made

9th March 1989

Laid before Parliament

10th March 1989

Coming into force

– for the purposes of articles 1, 2 and 4

1st April 1989

– for all other purposes

10th April 1989

The Secretary of State for Social Security, with the approval of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939(1) and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation, commencement and interpretation

1.—(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1989 and shall come into force for the purposes of this article and articles 2 and 4 on 1st April 1989 and for all other purposes on 10th April 1989.

(2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983(3).

Amendment of article 2 of the principal Scheme

2.  In paragraph (19) of article 2 of the principal Scheme (meaning of “public funds”) after the words “any public, general or local Act”, there shall be inserted the words “moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987(4)”.

Amendment of Article 18 of the principal Scheme

3.  In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,404” there shall be substituted the amount “£1,482”.

Amendment of article 28 of the principal Scheme

4.  At the end of paragraph (1) of article 28 of the principal Scheme (Rent allowance for widows who have children) there shall be added the words “and to any community charge payable by her.”.

Substitution of Schedules 3 and 4 to the Principal Scheme

5.  For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.

Signed by authority of the Secretary of State for Social Security.

Skelmersdale

Parliamentary Under-Secretary of State,

Department of Social Security

6th March 1989

We approve,

Alan Howarth

Stephen Dorrell

Two of the Lords Commissioners of Her Majesty’s Treasury.

9th March 1989

Article 5

SCHEDULE Schedules to be substituted in the principal Scheme

Article 11

“SCHEDULE 3 RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT

Description of Pension or Allowance	Rate
* Maximum.
1.   Pension for 100 per cent. disablement under Article 11	£71.20 per week
2.   Education allowance under Article 13	£120 per annum*
3.   Constant attendance allowance –
(a) under the proviso to Article 14	£57.00 per week*
(b) in any other case under that Article	£28.50 per week*
4   Exceptionally severe disablement allowance under Article 15	£28.50 per week
5.   Severe disablement occupational allowance under Article 16	£14.25 per week
6.   Allowance for wear and tear of clothing –
(a) under Article 17(1)(a)	£61 per annum
(b) under Article 17(1)(b) and (2)	£97 per annum
7.   Unemployability allowances –
(a) personal allowance under Article 18(1)(i)	£46.30 per week
(b) additional allowances for dependants by way of –
(i) increase of allowance in respect of a wife or a dependent husband under Article 18(5)(b)	£26.20 per week*
(ii) allowance in respect of an adult dependant under Article 18(5)(c)	£26.20 per week*
(iii) increase of allowance in respect of each child under Article 18(5)(d)	£8.95 per week
8.   Invalidity allowance payable under Article 19
(a) if –
(i) the relevant date fell before 5th July 1948; or
(ii) on the relevant date the disabled person was under the age of 35; or
(iii) on the relevant date the disabled person was under the age of 40 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979	£9.20 per week
(b) if –
(i) on the relevant date the disabled person was under the age of 45; or
(ii) on the relevant date the disabled person was under the age of 50 and had not attained the age of 65, in the case of the disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979	£5.80 per week
(c) if heads (a) and (b) do not apply and on the relevant date the disabled person was a man under the age of 60 or a woman under the age of 55	£2.90 per week
9.   Comforts allowance –
(a) under Article 20(1)(a)	£12.30 per week
(b) under Article 20(1)(b) or 45(1)	£6.15 per week
10.   Allowance for lowered standard of occupation under Article 21	£28.48 per week*
11.   Age allowance under Article 22 where the degree of pensioned disablement is –
(a) 40 or 50 per cent.	£5.00 per week
(b) 60 or 70 per cent.	£7.75 per week
(c) 80 or 90 per cent.	£11.10 per week
(d) 100 per cent.	£15.50 per week
12.   Treatment allowances – increase of personal allowance under Article 23(2)	£15.50 per week*
13.   Part-time treatment allowance under Article 25	£29.70 per day*
14.   Mobility supplement under Article 25A	£27.10 per week

Article 27

SCHEDULE 4 RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or Allowance	Rate
* Maximum”
1.   Pension to widow –
(a) under Article 27(1)	£56.65 per week
(b) under Article 27(2)	£13.08 per week
2.   Rent allowance under Article 28	£21.55 per week*
3.   Allowance under Article 29 or 50 to an elderly surviving spouse –
(a) if age 65 but under age 70	£6.10 per week
(b) if age 70 but under age 80	£12.20 per week
(c) if age 80 or over	£15.30 per week
4.   Pension under Article 30 to unmarried dependant who lived as spouse	£1.00 per week*
5.   Pension to dependent widower under Article 32	£56.65 per week*
6.   Allowances under Article 33 in respect of each child under the age of 15	£12.60 per week
7.   Pension under Article 34(1) to a motherless or fatherless child under the age of 15	£13.80 per week
8.   Pension or allowance under Article 35(3) to or in respect of a child over the age of 15 –
(a) where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15 –	£43.60 per week*
(b) any other case	£13.80 per week*
9.   Education allowance under Article 36	£120 per annum*
10.   Pensions to parents –
(a) minimum rate under Article 38(4)	£0.25 per week
(b) maximum rate under Article 38(4) –
(i) where there is only one eligible parent	£1.00 per week
(ii) where there is more than one eligible parent	£1.38 per week
(c) increase under the proviso to Article 38(4) –
(i) where there is only one eligible parent	£0.38 per week*
(ii) where there is more than one eligible parent	£0.62 per week*
11.   Pensions to other dependants –
(a) for each juvenile dependant under Article 39(4)	£0.30 per week*
(b) aggregate rate under Article 39(4)	£1.00 per week*
(c) under Article 39(5)	£1.00 per week*

Explanatory Note

(This note is not part of the Scheme)

This Scheme further amends the Personal Injuries (Civilians) Scheme 1983 (“the principal Scheme”) which makes provision for the payment of pensions and allowances to or in respect of civilians who were killed or injured in the 1939-45 War.

This Scheme raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under Article 18 of the principal Scheme, and varies the rates of pensions and allowances in respect of disablement and death in the 1939–45 War (Articles 3 and 5, and the Schedule).

It also makes amendments (Articles 2 and 4) consequential upon the abolition in Scotland from 1st April 1989 of domestic rates and their replacement by community charge.

(1)

1939 c. 82.

(2)

See Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), Article 2; Ministry of Social Security Act 1966 (c. 20), section 2; Secretary of State for Social Services Order 1968 (S.I. 1968/1699), Article 2.

(3)

S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628, 1987/191, 1988/367 and 2260.

(4)

1987 c. 47.