Statutory Instrument 1992 No. 702

      The Personal Injuries (Civilians) Amendment Scheme 1992


      © Crown Copyright 1992

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STATUTORY INSTRUMENTS

1992 No. 702

PENSIONS

The Personal Injuries (Civilians) Amendment Scheme 1992

Made 10th March 1992
Laid before Parliament 16th March 1992
Coming into force 6th April 1992

    The Secretary of State for Social Security, with the approval of the Treasury, in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939[1]and now vested in him[2]and of all other powers enabling him in that behalf, hereby makes the following Scheme:
    Citation, commencement and interpretation
        1.—(1)  This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1992 and shall come into force on 6th April 1992.

        (2)  In this Scheme, the expression "the principal Scheme" means the Personal Injuries (Civilians) Scheme 1983[3].
    Omission of article 12 of the principal Scheme
        2.    Article 12 of the principal Scheme (allowances for eligible members of the family) shall be omitted.
    Amendment of article 18 of the principal Scheme
        3.    In article 18 of the principal Scheme (unemployability allowances)—
       (a) in paragraph (2), for the amount "£2,028" there shall be substituted the amount "£2,106";
       (b) in paragraph (5)—
       (i) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs—
          "(b) subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or adult dependant at a rate not exceeding the appropriate rate specified in Schedule 3, paragraph 7(b)(i), if the Secretary of State thinks fit having regard to the financial circumstances of the wife or husband or adult dependant in respect of whom the allowance is claimed;
          (c) an allowance shall not be awarded in respect of more than one adult dependant;" ; and
         (ii) in paragraph 5(d) for the words "paragraph 7(b)(iii)" there shall be substituted the words "paragraph 7(b)(ii)".
    Amendment of article 23 of the principal Scheme
        4.    In article 23 of the principal Scheme (treatment allowances) paragraphs (1)(ii) and (3) shall be omitted.
    Amendment of article 25A of the principal Scheme
        5.    In article 25A of the principal Scheme (mobility supplement) in paragraph (1)(b) for the words "12 months" there shall be substituted the words "6 months".
    Substitution of Schedules 3 and 4 to the principal Scheme
        6.    For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
    Saving provision in relation to allowances for eligible members of the family
        7.    Notwithstanding the revocation of article 12, and the amendment of article 18(5) and article 23 of the principal Scheme, in any case where a pension or allowance or any addition to a pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Scheme had not come into force.


Signed by authority of the Secretary of State for Social Security.

Henley

Parliamentary Under-Secretary of State, Department of Social Security

9th March 1992
We approve,

Gregory Knight

Thomas Sackville

Two of the Lords Commissioners of Her Majesty's Treasury

10th March 1992





Notes:

[1] 1939 c. 82. back

[2] See Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), article 2; Ministry of Social Security Act 1966 (c. 20), section 2; Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2; Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), article 3. back

[3] S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628, 1987/191, 1988/367, 2260, 1989/415, 1990/535, 1300 and 1991/708. back

 

Explanatory Note


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