The Personal Injuries (Civilians) (Amendment) Scheme 2009

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 during the 1939-45 World War in the manner described below.

Article 2 and paragraph 1 of Schedule 1 substitute a new article 20(1)(a). Article 20(1)(a)(ii) makes provision for the award of the higher rate of comforts allowance where a disabled person is in receipt of constant attendance allowance at either the intermediate or exceptional rate and that person is also in receipt of a pension in respect of disablement the degree of which is 100%. This provision replaces the existing discretion to award the higher rate of comforts allowance where a person has a 100% disablement resulting from multiple injuries.

Article 2 and paragraph 2 of Schedule 1 substitute a new article 26A. The new article simplifies the basis on which payment will be made for funeral expenses. It provides for the payment of a fixed sum of £2,200 where death occurs on or after 6th April 2009 and the other conditions (set out in article 26A(2)) are met. The new version of article 26A will also apply to claims for funeral expenses made under article 49A where the death occurs on or after 6th April 2009. It has not been necessary to make any amendment to the wording of article 49A itself because, as currently worded, it simply applies the provisions of article 26A to claims made under article 49A.

Article 2 and paragraph 3 of Schedule 1 add mesothelioma to the list of “Other Disablements” in Schedule 2 to the principal Scheme and provide that an assessment of 100% will apply in relation to that disablement.

Article 2 and paragraph 4 of Schedule 1 substitute a new Schedule 3 to the principal Scheme. The new Schedule 3 (which varies the rates both of pensions and allowances payable in respect of disablement and of earnings or income thresholds) is contained in Schedule 2 to this Scheme.

Article 2 and paragraph 5 of Schedule 1 substitute a new Schedule 4 to the principal Scheme. The new Schedule 4 (which varies the rates of pensions and allowances in respect of death) is contained in Schedule 3 to this Scheme.

Article 3 makes transitional provision in relation to claims for funeral expenses under articles 26A and 49A where the deceased died before 6th April 2009.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.