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The Personal Injuries (Civilians) Amendment Scheme 2001

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Amendment of article 68

14.  In article 68 (forfeiture of pensions)—

(a)in paragraph (1)(a) for “or Young Offenders' Institution” substitute “or, in Scotland, a young offenders institution or, in Northern Ireland, a young offenders centre”;

(b)for paragraph (2) substitute—

“(2) Where the Secretary of State is satisfied that a dependant will suffer hardship where a pension is withheld or forfeited under paragraph (1), the Secretary of State may pay, with the pensioner’s consent, up to half of the pension awarded under article 11 to the pensioner’s spouse, to an unmarried dependant of the pensioner or to anyone lawfully entitled to give a good receipt in respect of monies payable to the dependant.”; and

(c)after paragraph (2) insert—

“(3) When paragraph (1) ceases to apply, the Secretary of State may award to the pensioner a sum not exceeding an amount calculated by reference to the number of weeks for which the pension was withheld or forfeited under paragraph (1), or 52 weeks, whichever is the lesser, and after the deduction of any amount paid under paragraph (2).”.

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