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STATUTORY INSTRUMENTS


2007 No. 646

PENSIONS

The Personal Injuries (Civilians) (Amendment) Scheme 2007

  Made 27th February 2007 
  Laid before Parliament 7th March 2007 
  Coming into force 9th April 2007 

The Secretary of State for Defence, with the approval of the Treasury, makes the following scheme 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].

Citation, commencement and interpretation
     1. —(1) This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2007 and shall come into force on 9th April 2007.

    (2) In this Scheme, "the principal Scheme" means the Personal Injuries (Civilians) Scheme 1983[
3], and, except where the context otherwise requires, a reference to a numbered Article, Part, Table or Schedule, is a reference to the Article, Part, Table or Schedule in the principal Scheme which bears that number.

Amendments to the principal Scheme and application
     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

26th February 2007



We approve


Dave Watts

Alan Campbell
Two of the Lord's Commissioners of Her Majesty's Treasury

27th February 2007



SCHEDULE 1
Article 2


AMENDMENTS TO THE PRINCIPAL SCHEME


Amendment of Article 18(1B)(e)
     1. In Article 18(1B)(e) for "52" substitute "104".

Amendment of Schedule 3
     2. For Schedule 3 of the principal Scheme (rates of pensions and allowances payable in respect of disablement and earning or income thresholds) there shall be substituted the Schedule set out in Schedule 2 of this Scheme.

Amendment of Schedule 4
     3. 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 2
Schedule 1 paragraph 2


SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 3 TO THE PRINCIPAL SCHEME








SCHEDULE 3
Schedule 1 paragraph 3


SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 4 OF THE PRINCIPAL SCHEME








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 by increasing 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.

Paragraph 1 of Schedule 1 amends Article 18(1B)(e) of the principal Scheme by increasing the period between the termination of the original payment of unemployability allowance and the making of a new claim for unemployability allowance from 52 to 104 weeks for those persons who become engaged in remunerative work which then ceases, provided they meet the other criteria set out in Article 18(1B).

Paragraph 2 of Schedule 1 amends Schedule 3 to the principal Scheme by substituting a new table, thereby varying the rates of pension and allowances payable in respect of disablement and also earning or income thresholds.

Paragraph 3 of Schedule 1 amends Schedule 4 to the principal Scheme by substituting a new table, thereby varying the rates of pensions and allowances payable in respect of death.

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


Notes:

[1] 1939 c.82.back

[2] 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 by the Transfer of Functions (War Pensions etc.) Order 2001, S.I. 2001/3506, Article 2.back

[3] 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 and 2006/765.back



ISBN 978 0 11 075928 9


 © Crown copyright 2007

Prepared 8 March 2007


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