The Personal Injuries (Civilians) Amendment Scheme 2001

Amendment of articles 26A and 49A

10.—(1) In article 26A (funeral grant)—

(a) in the title for “grant” substitute “expenses” and in paragaph (c)(i) for “a funeral grant” substitute “funeral expenses”;

(b) before

• “Where—

  (a)

  a person’s war injury”

• insert “(1)”; and

  (c)

  at the end add—

  “(2) For the purposes of this article “reasonable funeral expenses” means expenses which the Secretary of State considers reasonable in relation to any of the following items, and after deduction of any amount payable in respect of death benefit in the Isle of Man or any of the Channel Islands—

  (a) necessary documentation;

  (b) transportation of the body but only within the British Islands and the Republic of Ireland;

  (c) travelling costs of one return journey within the British Islands and the Republic of Ireland by the responsible person to arrange and attend the funeral;

  (d) funeral director’s fees and disbursements including the cost of an ordinary coffin;

  (e) transportation of the coffin and bearers and the cost of one other car;

  (f) funeral ceremony fees;

  (g) cemetery or cremation fees;

  (h) the cost of flowers from the person responsible for the funeral up to £75; or

  (i) up to £75 for extra costs because of the religion of the deceased.”.

(2) For the title to article 49A (funeral grant) substitute “Funeral expenses”.

Amendment of articles 33, 34 and 35 (awards for children)

11.  For articles 33, 34 and 35 substitute—

“Allowances for children under the age of 15

33.— (1) An award may be made in respect of a child of the deceased person where the child—

(a) has not attained the age of 15; and

(b) is not eligible for an award of pension under article 34.

(2) An allowance awarded under this article shall be at the rate specified in paragraph 6 of Schedule 4.

Pensions for children under the age of 15 with no parents living

34.— (1) An award may be made in respect of a child of the deceased person where the child—

(a) has not attained the age of 15; and

(b) has no parents living.

(2) A pension awarded under this article shall be at the rate specified in paragraph 7 of Schedule 4.

Awards for children aged 15 or over

35.— (1) An award may be made or continued in respect of a child of the deceased person where the child has attained the age of 15 and—

(a) is a student or apprentice; or

(b) is incapable of self-support by reason of an infirmity which arose before he reached that age,

and where the Secretary of State considers the making or continuing of the award is justified in all the circumstances of the case.

(2) An allowance or pension awarded or continued under this article—

(a) shall be at the rate referred to, and subject to the conditions in, article 33 or 34 as appropriate; or

(b) where a child in respect of whom an award was made under article 33 or 34 has attained the age of 18 years and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15, shall be at a rate not exceeding the rate specified in paragraph 8 of Schedule 4.”.