The Personal Injuries (Civilians) Amendment Scheme 2001

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. The amendments are provided for in Schedule 1.

Paragraphs 2, 4 and 13 of Schedule 1 are consequential amendments to articles 3, 15, 16 and 67 of the principal Scheme.

Paragraphs 1, 3 and 5 to 9 of Schedule 1 amend articles 2, 14, 18, 19, 21, 23 and 25A of the principal Scheme with the effect that new definitions of “adopted” and “dependent child” are introduced, four rates of constant attendance allowance are provided for, the meaning of therapeutic earnings for the purposes of unemployability allowances is clarified, ages are equalised for unemployability allowances, invalidity allowance and allowance for lowered standard of occupation and the conditions of award of treatment allowance are clarified as is disablement for the purposes of mobility supplement.

Paragraph 10 of Schedule 1 amends article 26A of the principal Scheme to clarify the funeral expenses which may be claimed and paragraph 11 of Schedule 1 substitutes articles 33 to 35 of the principal Scheme as regards awards in respect of children.

Paragraphs 12, 14, 15 and 22 of Schedule 1, and Schedule 3, amend articles 64, 68 and 70 of the principal Scheme regarding deductions while in hospital or an institution, forfeiture and children in respect of whom maintenance may be paid and insert Schedule 7 into the principal Scheme relating to deductions.

Paragraph 16 of Schedule 1 amends article 76 of the principal Scheme to enable the Secretary of State to review an assessment or decision of the Pensions Appeal Tribunal where there is a change of circumstances and to review any assessment where there is an improvement in the disablement. Paragraphs 18 and 20 of Schedule 1 remove references in Schedule 5 to the principal Scheme to applications for appeals. These changes are consequent upon amendments to section 8 of the Pensions Appeal Tribunals Act 1943 c. 39 made by section 58 of the Child Support, Pensions and Social Security Act 2000 c. 19. Paragraph 18 also amends paragraph 1 of Schedule 5 to the principal Scheme to clarify what is meant by official error. Paragraph 19 of Schedule 1 omits paragraph 4(a) of Schedule 5 as regards backdating of a decision where there has been additional evidence and paragraph 21 amends paragraph 9 of Schedule 5 concerning administrative error.

Paragraph 17 of Schedule 1, and Schedule 2, increase the amounts of allowances, pensions and awards payable under the principal Scheme and the amounts of income to be disregarded for the purposes of certain parts of the Scheme.

This Scheme does not impose any costs on business.