The Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005

Amendment of article 2 (definitions)

1.  Article 2 shall be amended as follows—

(1) in sub-paragraph 3(a)(ii) delete the words “a widow or has never been married or is married to a husband who is”;

(2) in sub-paragraph 3(a)(iv) delete the words “has never been married or is a widow or is married to a husband who”;

(3) for paragraph (8) there shall be substituted—

““dependant living as a civil partner” in relation to a person who has sustained a qualifying injury, means—

(a)

where the injured person is alive, a person of the same sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;

(b)

where the injured person is dead, a person of the same sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;

and “dependant who lived as a civil partner” shall be construed accordingly;”

(4) for paragraph (9) there shall be substituted—

““dependant living as a spouse”, in relation to a person who has sustained a qualifying injury, means—

(a)

where the injured person is alive, a person of the opposite sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;

(b)

where the injured person is dead, a person of the opposite sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;

and “dependant who lived as a spouse” shall be constructed accordingly;”

(5) in paragraph (10) for the words “wife, husband” there shall be substituted “spouse, civil partner”;

(6) in sub-paragraph (16)(d) for the words “spouse (not being a separated spouse)” there shall be substituted “spouse (not being a separated spouse) or civil partner (not being a separated civil partner)”;

(7) in paragraph (21A) for the words “dependent widower” there shall be substituted “widower”;

(8) paragraph (21B) shall be omitted; and

(9) paragraph (22) shall be omitted.