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The Personal Injuries (Civilians) (Amendment) Scheme 2009
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- 2009 No. 438
- SCHEDULE 1
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Article 2
SCHEDULE 1AMENDMENTS TO THE PRINCIPAL SCHEME
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Amendment to article 20 (Comforts allowance)
1. For article 20(1)(a) substitute—
“(a)at the rate specified in Schedule 3 paragraph 9(a) where either subparagraph (i) or (ii) or both apply—
(i)this subparagraph applies where the disabled person is in receipt of an allowance under article 14 at any rate and an allowance under article 18,
(ii)this subparagraph applies where the disabled person is in receipt of an allowance under either paragraph (4) or (5) of article 14 and is in receipt of a pension in respect of disablement the degree of which is 100%;”.
Amendment to article 26A (Funeral expenses)
2. For article 26A substitute—
“Funeral expenses
26A.—(1) Where paragraph (2) applies the Secretary of State shall make an award for funeral expenses of £2,200.
(2) This paragraph applies where—
(a)a person’s war injury or, as the case may be, war service injury causes him to die on or after 6th April 2009;
(b)the funeral of that person has taken place; and
(c)within three months of that person’s funeral, either—
(i)a claim is made for funeral expenses, or
(ii)an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent, about claiming funeral expenses and a claim is made for such expenses within three months of the date on which the claim form is sent in response to the enquiry.”.
Amendment to Schedule 2 (Assessment of disablement caused by specified injuries and of certain other disablements)
3. In Schedule 2 in the category “Other Disablements” after the entries for “Absolute deafness” insert into the first column the word “Mesothelioma” and insert into the second column in the corresponding place the figure “100”.
Amendment to Schedule 3 (Rates of pensions and allowances payable in respect of disablement and earnings or income thresholds)
4. For Schedule 3 substitute the Schedule set out in Schedule 2 to this Scheme.
Amendment to Schedule 4 (Rates of pensions and allowances payable in respect of death)
5. For Schedule 4 substitute the Schedule set out in Schedule 3 to this Scheme.
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