PENSIONS Citation, commencement and interpretation 1 1 This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1997 and shall come into force on 7th April 1997. 2 In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 and, except where the context otherwise requires, a reference to a numbered Article, Part or Schedule is to the Article, Part or Schedule in the principal Scheme which bears that number. Substitution of Article 17 2 For Article 17 (allowance for wear and tear of clothing) there shall be substituted— Allowance for wear and tear of clothing 17 1 A disabled person who is in receipt of a pension under Article 11 or Article 42 may be awarded an allowance in respect of wear and tear of clothing at the rate specified in Schedule 3, paragraph 6 where either— a he is in receipt of a pension in respect of an amputation and regularly wears an artificial limb; or b the Secretary of State is satisfied that as a result of the disablement which gives rise to an award under this Scheme there is exceptional wear and tear of the disabled person’s clothing. . Amendments to Articles 18, 21 and 25A 3 1 In the amendments to the principal Scheme made in paragraphs (2) to (4) below, a claim is a new claim where— a it is made on or after 7th April 1997; and b on the day which immediately precedes the first day to which the claim relates the person who has sustained a war injury or, as the case may be, a war service injury, does not have an award of the allowance or, as the case may be, the supplement in question. 2 In Article 18 (unemployability allowances)— a after paragraph (1) there shall be inserted the following paragraph— 1A Paragraph (1) shall not apply in the case of a person who submits a new claim for an allowance under this Article— a on or after the date he attained the age of 65, or b where the degree of disablement is assessed at less than 60 per cent. ; b in paragraph (2) for the amount “£2,366” there shall be substituted the amount “£2,418”. 3 In Article 21 (allowance for lowered standard of occupation)— a in paragraph (1) at the beginning there shall be inserted the words— Except in the case of a person to whom paragraph (1A) applies, ; and b after paragraph (1) there shall be inserted the following paragraph— 1A This paragraph applies in the case of a person who submits a new claim for an allowance under this Article— a on or after the date he attained the age of 65; or b where the degree of disablement is assessed at less than 40 per cent. . 4 In Article 25A (mobility supplement), after paragraph (1) there shall be inserted the following paragraph— 1A This Article shall not apply in the case of a person who submits a new claim where the degree of disablement is assessed at less than 40 per cent. . Funeral grant 4 1 After Article 26 there shall be inserted— Funeral grant 26A Where— a a person’s war injury or, as the case may be, war service injury causes him to die on or after 7th April 1997; b the funeral took place in the British Islands or the Republic of Ireland; and c within three months of the person’s funeral, either— i a claim is made for a funeral grant under this Article, or ii an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to that enquiry, the Secretary of State may defray so much of any reasonable funeral expenses as he may determine, including the cost of transporting the person’s body but only within the area of the British Islands and the Republic of Ireland. . 2 After Article 49 there shall be inserted— Funeral grant 49A The provisions of Article 26A shall have effect as if the deceased person had been gainfully occupied. . Amendment of Article 71 5 Article 71 shall be amended as follows— a after paragraph (1) there shall be inserted the following paragraph— 1A Where— a in accordance with paragraph (1) an award ceased because the person had another person living with her as her spouse; and b that person claims an award under Part IV or Article 49(1) in respect of a period which begins after the end of that relationship, the claim shall be determined as though that relationship never existed. ; b paragraphs (3) and (4) shall be omitted. Substitution of Schedules 3, 4 and 5 6 For Schedules 3, 4 and 5 (rates of pensions and allowances payable in respect of disablement and death and commencing dates of awards of pensions) there shall respectively be substituted the Schedule set out in the Schedule to this Scheme and numbered 3, 4 and 5. Signed by authority of the Secretary of State for Social Security. MacKay of Ardbrecknish Minister of State, Department of Social Security 12th March 1997 We approve, Patrick McLoughlin Gyles Brandreth Two of the Lords Commissioners of Her Majesty’s Treasury 12th March 1997