Office of Public Sector Information
Statutory Instruments
Pensions
Made
3rd March 2008
Laid before Parliament
7th March 2008
Coming into force
7th April 2008
1.—(1) This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2008 and shall come into force on 7th April 2008.
(2) In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983(3), and a reference to a numbered article, table or Schedule, is a reference to the article, table or Schedule in the principal Scheme which bears that number.
2. The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
29th February 2008
We approve
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2008
Article 2
1. For Schedule 3 of the principal Scheme (rates of pensions and allowances payable in respect of disablement and earnings or income thresholds) there shall be substituted the Schedule set out in Schedule 2 of this Scheme.
2. For Schedule 4 of the principal Scheme (rates of pensions and allowances payable in respect of death) there shall be substituted the Schedule set out in Schedule 3 of this Scheme.
Schedule 1 paragraph 1
Article 11
RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS
(a)
|
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(*)
maximum” |
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| Description of Pension or Allowance | Rate | ||||
|---|---|---|---|---|---|
| 1. | Pension for 100 per cent. disablement under article 11 | £145.10 per week | |||
| 2. | Education allowance under article 13 | £120.00 per annum(*) | |||
| 3. | Constant attendance allowance under article 14 | ||||
| A. For decisions made before 9th April 2001— | |||||
| (a) under the proviso to article 14 | £109.60 per week(*) | ||||
| (b) in any other case under article 14 | £54.80 per week(*) | ||||
| B. For decisions made on or after 9th April 2001— | |||||
| (a) the part day rate of constant attendance allowance under article 14(2) | £27.40 per week | ||||
| (b) the full day rate of constant attendance allowance under article 14(3) | £54.80 per week | ||||
| (c) the intermediate rate of constant attendance allowance under article 14(4) | £82.20 per week | ||||
| (d) the exceptional rate of constant attendance allowance under article 14(5) | £109.60 per week | ||||
| 4. | Exceptionally severe disablement allowance under article 15 | £54.80 per week | |||
| 5. | Severe disablement occupational allowance under article 16 | £27.40 per week | |||
| 6. | Allowance for wear and tear of clothing under article 17(1) | £187.00 per annum | |||
| 7. | Unemployability allowances— | ||||
| (a) personal allowance under article 18(1)(i) | £89.70 per week | ||||
| (b) additional allowances for dependants by way of— | |||||
| (i) increase of allowance in respect of a spouse, civil partner or adult dependant under article 18(5)(b) | £50.55 per week(*) | ||||
| (ii) increase of allowance under article 18(5)(d)— | |||||
| (aa) in respect of the only, elder or eldest child | £11.75 per week | ||||
| (bb) in respect of each other child | £13.80 per week | ||||
| (cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992(a), or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £13.80 per week | ||||
| For decisions made on or after 9th April 2001 | |||||
| (c) the annual earnings figure for the purposes of article 18(2) is £4,602 | |||||
| (d) the weekly income figure for the purposes of article 18(5) (b) is £60.50 | |||||
| 8. | Invalidity allowance payable under article 19 | ||||
| (a) if— | |||||
| (i) the relevant date fell before 5th July 1948; or | |||||
| (ii) on the relevant date the disabled person was under the age of 35; or | £17.75 per week | ||||
| (iii) on the relevant date the disabled person was under the age of 40 and had not attained the age of 65, in the case of a disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979 | |||||
| (b) if— | |||||
| (i) on the relevant date the disabled person was under the age of 45; or | |||||
| (ii) on the relevant date the disabled person was under the age of 50 and had not attained the age of 65, in the case of a disabled person being a man, or 60 in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979 | £11.40 per week | ||||
| (c) if heads (a) and (b) do not apply and on the relevant date the disabled person was under the age of 60 | £5.70 per week | ||||
| 9. | Comforts Allowance— | ||||
| (a) under article 20(1)(a) | £23.50 per week | ||||
| (b) under article 20(1)(b) or 45(1) | £11.75 per week | ||||
| 10. | Allowance for lowered standard of occupation under article 21 | £54.72 per week(*) | |||
| 11. | Age Allowance under article 22 where the degree of pensioned disablement is— | ||||
| (a) 40 or 50 per cent. | £9.75 per week | ||||
| (b) 60 or 70 per cent. | £14.90 per week | ||||
| (c) 80 or 90 per cent. | £21.25 per week | ||||
| (d) 100 per cent. | £29.80 per week | ||||
| 12. | For decisions made before 9th April 2001, treatment allowance—increase of personal allowance under article 25 | £29.80 per week(*) | |||
| 13. | Part-time treatment allowance under article 25 | £66.60 per day(*) | |||
| 14. | Mobility supplement under article 25A | £52.25 per week | |||
1939 c.82. Back [1]
The functions of the Minister of Pensions were transferred to the Minister of Pensions and National Insurance by virtue of the Transfer of Functions (Ministry of Pensions) Order 1953, S.I.1953/1198, article 2. The functions of the Minister of Pensions and National Insurance were transferred to the Minister of Social Security by virtue of the Ministry of Social Security Act 1966 (c.20) section 2. The functions of the Minister of Social Security were transferred to the Secretary of State for Social Services by virtue of the Secretary of State for Social Services Order 1968, S.I.1968/1699, article 2. The functions of the Secretary of State for Social Services were transferred to the Secretary of State for Social Security by virtue of the Transfer of Functions (Health and Social Security) Order 1988, S.I. 1988/1843, article 3. The functions of the Secretary of State for Social Security were transferred to the Secretary of State for Defence by the Transfer of Functions (War Pensions etc.) Order 2001, S.I. 2001/3506, article 2. Back [2]
S.I. 1983/686; relevant amending instruments are S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628, 1987/191, 1988/367, 2260, 1989/415, 1990/1300, 1991/708, 1992/702, 3226, 1993/480, 1994/715, 2021, 1995/445, 1997/812, 1999/262, 2001/420, 2002/672, 2004/717, 2005/655, 1639, 3031, 2006/765 and 2007/646. Back [3]
The Personal Injuries (Civilians) (Amendment) Scheme 2008