Statutory Instruments
PENSIONS
Made
9th March 1989
Laid before Parliament
10th March 1989
Coming into force
-“ for the purposes of articles 1, 2 and 4
1st April 1989
-“ for all other purposes
10th April 1989
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:
1.-(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1989 and shall come into force for the purposes of this article and articles 2 and 4 on 1st April 1989 and for all other purposes on 10th April 1989.
(2) In this Scheme the expression "the principal Scheme" means the Personal Injuries (Civilians) Scheme 1983(3).
2. In paragraph (19) of article 2 of the principal Scheme (meaning of "public funds") after the words "any public, general or local Act", there shall be inserted the words "moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987(4)".
3. In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount "£1,404" there shall be substituted the amount "£1,482".
4. At the end of paragraph (1) of article 28 of the principal Scheme (Rent allowance for widows who have children) there shall be added the words "and to any community charge payable by her.".
5. 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 hereto and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1989
We approve,
Alan Howarth
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty's Treasury.
9th March 1989
Article 5
Article 11
Description of Pension or Allowance | Rate | |
---|---|---|
a Maximum. | ||
1. Pension for 100 per cent. disablement under Article 11 | £71.20 per week | |
2. Education allowance under Article 13 | £120 per annuma | |
3. Constant attendance allowance -“ | ||
(a)under the proviso to Article 14 | £57.00 per weeka | |
(b)in any other case under that Article | £28.50 per weeka | |
4 Exceptionally severe disablement allowance under Article 15 | £28.50 per week | |
5. Severe disablement occupational allowance under Article 16 | £14.25 per week | |
6. Allowance for wear and tear of clothing -“ | ||
(a)under Article 17(1)(a) | £61 per annum | |
(b)under Article 17(1)(b) and (2) | £97 per annum | |
7. Unemployability allowances -“ | ||
(a)personal allowance under Article 18(1)(i) | £46.30 per week | |
(b)additional allowances for dependants by way of -“ | ||
(i)increase of allowance in respect of a wife or a dependent husband under Article 18(5)(b) | £26.20 per weeka | |
(ii)allowance in respect of an adult dependant under Article 18(5)(c) | £26.20 per weeka | |
(iii)increase of allowance in respect of each child under Article 18(5)(d) | £8.95 per week | |
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 | ||
(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 the 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 | £9.20 per week | |
(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 the 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 | £5.80 per week | |
(c)if heads (a) and (b) do not apply and on the relevant date the disabled person was a man under the age of 60 or a woman under the age of 55 | £2.90 per week | |
9. Comforts allowance -“ | (a)under Article 20(1)(a) | £12.30 per week |
(b)under Article 20(1)(b) or 45(1) | £6.15 per week | |
10. Allowance for lowered standard of occupation under Article 21 | £28.48 per weeka | |
11. Age allowance under Article 22 where the degree of pensioned disablement is -“ | ||
(a)40 or 50 per cent. | £5.00 per week | |
(b)60 or 70 per cent. | £7.75 per week | |
(c)80 or 90 per cent. | £11.10 per week | |
(d)100 per cent. | £15.50 per week | |
12. Treatment allowances -“ increase of personal allowance under Article 23(2) | £15.50 per weeka | |
13. Part-time treatment allowance under Article 25 | £29.70 per daya | |
14. Mobility supplement under Article 25A | £27.10 per week |
Article 27
Description of Pension or Allowance | Rate |
---|---|
a Maximum" | |
1. Pension to widow -“ | |
(a)under Article 27(1) | £56.65 per week |
(b)under Article 27(2) | £13.08 per week |
2. Rent allowance under Article 28 | £21.55 per weeka |
3. Allowance under Article 29 or 50 to an elderly surviving spouse -“ | |
(a)if age 65 but under age 70 | £6.10 per week |
(b)if age 70 but under age 80 | £12.20 per week |
(c)if age 80 or over | £15.30 per week |
4. Pension under Article 30 to unmarried dependant who lived as spouse | £1.00 per weeka |
5. Pension to dependent widower under Article 32 | £56.65 per weeka |
6. Allowances under Article 33 in respect of each child under the age of 15 | £12.60 per week |
7. Pension under Article 34(1) to a motherless or fatherless child under the age of 15 | £13.80 per week |
8. Pension or allowance under Article 35(3) to or in respect of a child over the age of 15 -“ | |
(a)where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15 -“ | £43.60 per week* |
(b)any other case | £13.80 per weeka |
9. Education allowance under Article 36 | £120 per annuma |
10. Pensions to parents -“ | |
(a)minimum rate under Article 38(4) | £0.25 per week |
(b)maximum rate under Article 38(4) -“ | |
(i)where there is only one eligible parent | £1.00 per week |
(ii)where there is more than one eligible parent | £1.38 per week |
(c)increase under the proviso to Article 38(4) -“ | |
(i)where there is only one eligible parent | £0.38 per weeka |
(ii)where there is more than one eligible parent | £0.62 per weeka |
11. Pensions to other dependants -“ | |
(a)for each juvenile dependant under Article 39(4) | £0.30 per weeka |
(b)aggregate rate under Article 39(4) | £1.00 per weeka |
(c)under Article 39(5) | £1.00 per weeka |
(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 in the 1939-45 War.
This Scheme raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under Article 18 of the principal Scheme, and varies the rates of pensions and allowances in respect of disablement and death in the 1939-“45 War (Articles 3 and 5, and the Schedule).
It also makes amendments (Articles 2 and 4) consequential upon the abolition in Scotland from 1st April 1989 of domestic rates and their replacement by community charge.
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.
S.I. 1983/686, as amended by S.I. 1983/1164, 1540, 1984/1289, 1675, 1985/1313, 1986/628, 1987/191, 1988/367 and 2260.