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	Statutory Rules of Northern Ireland
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"the 1962 Regulations" means the Health Services (Superannuation) Regulation (Northern Ireland) 1962[3];

"the 1984 Regulations" means the Health and Personal Social Services (Superannuation) Regulation 1984[4]

"the 1972 Order" means the Health and Personal Social Services (Northern Ireland) Order 1972[5];

"the 1997 Order" means the Health Services (Primary Care) (Northern Ireland) Order 1997[6];

"the superannuation scheme Regulations" means the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995[7];

"the previous Regulations" means the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 1975[8];

"the Agency" means the Northern Ireland Central Services Agency for Health and Social Services established under Article 26 of the 1972 Order;

"assistant practitioner" means an employee of a medical practitioner or dental practitioner whose name is included on a medical or dental list being himself a registered medical practitioner or dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of his duties as such practitioner, and for whose employment the consent of the Health and Social Services Board concerned is required;

"average remuneration" means - 

(a) in relation to a person other than a practitioner, such amount as would be or would have been his final year's superannuable pay, within the meaning of regulation 3(6) of the superannuation scheme Regulations, as an officer to whom those Regulations apply (assuming, in the case of a person to whom regulation 3(1)(c) applies, that he was in receipt of the superannuable pay which would in the opinion of the Department, have been payable if he were employed whole-time by an employing authority on similar duties); or

(b) in relation to a practitioner, the yearly average of such amount as would be or would have been his uprated earnings, calculated in accordance with paragraph 11(2) of Schedule 2 to the superannuation scheme Regulations, as a practitioner to whom those Regulations apply;

calculated as if he had retired - 

(i) in the case of a person eligible for an allowance under regulation 4(3), on the date on which he ceased to be employed as a person to whom regulation 3(1) applies;

(ii) in the case of a person eligable for an allowance under regulation 4(4) or (5), on the date on which his emoluments were reduced;

(iii) in the case of any other person, on the date on which by reason of the injury or disease his employment ceased:

Provided that in respect of a person to whom regulation 3(1)(a) applies who, immediately before he ceased to be employed by reason of the injury or disease or as a person to whom regulation 3(1) applies, or immediately before the date on which his emoluments were reduced, as the case may be, was employed as senior registrar, registrar, specialist registrar, senior house officer or house officer, his average remuneration shall be increased to the amount which in the opinion of the Department represents the average remuneration of a general medical practitioner, or a general dental practitioner, as the case may be, of comparable age;

"dental hygienist" means a person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986[9];

"dental list" means a list prepared in accordance with Regulations under Article 61(2)(a) of the 1972 Order;

"dental pilot scheme employee" means a person who is performing personal dental services in accordance with a pilot scheme, and is employed by a person who is providing those services;

"dental therapist" means a person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;

"Department" means the Department of Health, Social Services and Public Safety;

"emoluments" means all salary, wages, fees and other payments paid or made to a person as such for his own use, and also the money value of any accommodation or other allowances in kind appertaining to his employment, but does not include payments for overtime which are not a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other money to be spent, or to cover expenses incurred, by him for the purposes of his employment; and where fees or other variable payments were made to a person as part of his emoluments during any period immediately preceding a reduction of emoluments, the amount in respect of fees or other variable payments to be included in the emoluments shall be the average of the fees or other variable payments paid to him during the period of 3 years immediately preceding the reduction of the emoluments, or such other period as the Department may think reasonable in the circumstances;

"employing authority" means - 

(a) a Health and Social Services Board;

(b) a HSS Trust;

(c) the Agency;

(d) the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland established under section 5 of the Nurses, Midwives and Health Visitors Act 1979[10];

(e) any special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990[11]; and

(f) any such other body that is constituted under any transferred provision relating to health services and which the Department agrees to treat as an employing authority for the purposes of these Regulations;

"Health and Social Services Board" means a Health and Social Services Board established under Article 16 of the 1972 Order;

"health services" has the meaning assigned to it by Article 2(2) of the 1972 Order;

"HSS dental employee" means a person who, in connection with the provision of health services, is employed by - 

(a) a Health and Social Services Board;

(b) a HSS Trust;

(c) a registered dentist; or

(d) a registered dentist who is providing personal dental services in accordance with a pilot scheme;

"HSS Trust" means a Health and Social Services Trust established under the Health and Personal Social Services (Northern Ireland) Order 1991[12];

"medical list" means the list kept under Regulations under Article 56(2)(a) of the 1972 Order;

"medical pilot scheme employee" means a person who, in connection with a the provision of personal medical services in accordance with a pilot scheme, is employed by a person providing those services;

"personal dental services" has the meaning given in Article 3(7) of the 1997 Order;

"personal medical services" has the meaning given in Article 3(7) of the 1997 Order;

"pilot scheme" has the meaning given in Article 3(1) of the 1997 Order;

"pilot services" has the meaning given in Article 3(4) of the 1997 Order;

"practitioner" means - 

(a) a registered medical practitioner or a registered dentist whose name is included in the medical list of a Health and Social Services Board or, as the case may be, on the dental list of a Health and Social Services Board, other than a registered dentist who is employed by a Health and Social Services Board or a HSS Trust;

(b) an assistant practitioner;

(c) a registered medical practitioner or a registered dentist who is providing piloted services under a pilot scheme;

(d) a registered dentist who contracts with a person providing piloted services to carry out personal dental services in accordance with a pilot scheme; and

(e) a registered medical practitioner or registered dentist who is a medical pilot scheme employee or, as the case may be, a dental pilot scheme employee, and - 


(i) whose name appears on the medical list, or as the case may be, the dental list of a Health and Social Services Board, other than a registered dentist who was employed by a Health and Social Services Board or HSS Trust; or

(ii) who was an assistant practitioner;



immediately prior to the commencement of employment as a medical or dental pilot scheme employee;

"quarter" means a 3 month period ending on the last day of March, June, September or December;

"registered dentist" has the meaning given in section 53(1) of the Dentists Act 1984[13];

"registered medical practitioner" means a fully registered person within the meaning of the Medical Act 1983[14];

"relevant pension scheme" means any form of arrangement, whether subsisting by virtue of a transferred provision, trust, contract or otherwise for the provision of superannuation benefits in connection with an employment mentioned in regulation 3(1), including a personal pension scheme as defined in section 1 of the Pensions Schemes (Northern Ireland) Act 1993[15], or an additional pension referred to in section 44(3)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[16], but excluding - 

(a) any arrangements for the provision of benefits under legislation related to social security, other than the said additional pension;

(b) any arrangement for the provision of benefits paid by additional voluntary contributions under which the rate or amount of benefit payable is calculated by reference to the proceeds of the investment of those contributions;

"the Scheme" means the Health and Personal Social Services Superannuation Scheme for Northern Ireland the rules of which are set out in superannuation scheme Regulations;

"service" has the meaning given in regulation 6.

    (2) Where any pension or child's allowance which is or would have been payable under a relevant pension scheme is taken into account for the purpose of any calculation under these Regulations, such pension or allowance shall exclude any amount by which it is or would have been increased under the Pensions (Increase) (Northern Ireland) Order 1974[17].

    (4) These Regulations shall not apply to any person in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct.

Scale of benefit
     4.  - (1) Subject to paragraph (5), benefits in accordance with this regulation shall be payable by the Department to any person to whom regulation 3(1) applies whose earning ability is permanently reduced by more than 10 per cent. by reason of the injury or disease.

    (2) Where a person to whom regulation 3(1) applies ceases to be employed as such a person by reason of the injury or disease and no allowance or lump sum, other than an allowance under paragraph (5), has been paid under these Regulations in consequence of the injury or disease, there shall be payable, from the date of cessation of employment, an annual allowance of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of his average remuneration shown in whichever column of the Table hereunder is appropriate to his service in relation to the degree by which his earning ability is reduced at that date.


TABLE SERVICE

(1)	(2)	(3)	(4)	(5)
Degree of reduction of earning ability	Less than 5 years	5 years and over but less than 15 years	15 years and over but less than 25 years	25 years and over
More than 10% but not more than 25%	15%	30%	45%	60%
More than 25% but not more than 50%	40%	50%	60%	70%
More than 50% but not more than 75%	65%	70%	75%	80%
More than 75%	85%	85%	85%	85%

    (3) Where, before attaining age 60, a person to whom regulation 3(1) applies ceases to be employed as such a person other than by reason of the injury or disease and no allowance or lump sum, other than an allowance under paragraph (5), has been paid under these Regulations in consequence of the injury or disease, he may be paid, from the date on which he attains age 60, or such earlier date as the Department may in any particular case allow, an annual allowance of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of his average remuneration shown in whichever column of the Table in paragraph (2) is appropriate to his service in relation to the degree by which his earning ability is reduced by reason of the injury or disease at that date.

    (4) Where a person to whom regulation 3(1) applies suffers a reduction in the emoluments of an employment mentioned in that regulation, by reason of the injury or disease, there shall be payable from the date of that reduction, an annual allowance - 

(a) of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6), will provide an income of the percentage of his average remuneration shown in whichever column of the Table in paragraph (2) is appropriate to his service in relation to the degree by which his earning ability is reduced at the date that his emoluments were reduced; or

(b) of the amount, if any, which, when added to the value, expressed as an annual amount, of any pension specified in paragraph (6)(a), will provide an income at the annual rate at which a pension would have been payable to the person under his relevant pension scheme if, on the day before such reduction, he had ceased to be employed and was incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

whichever is the greater:

Provided that regulation 14(4) shall apply to that allowance as if the person had ceased to be employed on the day before his emoluments were reduced and had been re-employed on the following day with the reduced emoluments.

    (5) Where, on or after 1st April 1992, a person to whom regulation 3(1) applies, or to whom regulation 3(1) of the previous Regulations applied, is or was on leave of absence from an employment mentioned in that regulation with reduced emoluments by reason of the injury or disease, there shall be payable by that person's employing authority on behalf of the Department, during or in respect of the period of such leave and without regard to any reduction in the person's earning ability, an annual allowance of the amount, if any, which when added to the aggregate of - 

(a) the emoluments payable to the person during his leave of absence, and

(b) the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) (including the value of any equivalent benefits payable under the enactments consolidated by the Social Security Contributions and Benefits (Northern Ireland) Act 1992,

will provide an income of 85 per cent. of his average remuneration.

    (6) The pensions and benefits specified in this paragraph are - 

(a) any pension payable to the person under a relevant pension scheme disregarding any reduction in the amount of that pension under regulation 92 (Offset for crime, negligence or fraud) or regulation 93 (Loss of rights to benefits) of the superannuation scheme Regulations and disregarding any increase in the amount of that pension, under the Pensions (Increase) Act (Northern Ireland) 1971[18] after the date at which the average remuneration used in the calculation of the allowance was calculated;

(b) any of the following benefits, at the rates in operation at the date on which the employment ceased or the emoluments were reduced, as the case may be, which are payable to the person - 


(i) disablement pension payable under section 103 of, or disablement gratuity payable under section 106 of, and paragraph 9 of Schedule 7 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992) or so much of any such pension or gratuity as relates to the injury or disease (hereinafter referred to as "the relevant part"), together with - 



(a) any increase in such pension payable by way of unemployability supplement under paragraph 2 of that Schedule (or so much of any such increase as is proportionate to the relevant part of the said pension) but excluding any increase in that supplement under paragraph 3[19] of Schedule 7; and

(b) any increase in such pension payable under paragraphs 4[20] or 6 of Schedule 7 (dependants) or so much of any such increase as is proportionate to the relevant part of the said pension;

but excluding any increase under section 104 (increase where constant attendance is needed) or section 105 (increase for exceptionally severe disablement) of that Act;

(ii) incapacity benefit payable under section 30A[21] of that Act in respect of the injury or disease, together with any increase in benefit payable under sections 51A[22] (special provision for married people), 80 (beneficiary's dependant children), 83A[23] (pension increase for spouse), 85[24] (increase - person with care of children), 86A[25] (increase for adult dependants) or 87[26] (rate of increase where associated retirement pension is attributable to reduced contributions) of that Act;

(iii) severe disablement allowance payable under section 68[27] of that Act in respect of the injury or disease, together with any increase payable under section 90 (dependants) of that Act;

(iv) reduced earnings allowance payable under paragraph 11[28] of Schedule 7 to that Act in respect of the injury or disease;

(v) retirement allowance payable under paragraph 13[29] of Schedule 7 to that Act in respect of the injury or disease.

    (7) Where the relevant pension scheme is the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers or any other scheme under which the benefits may be paid otherwise than as an annual pension, and all or part of the contributions to the scheme on behalf of the person have been paid from public funds, the pension payable thereunder shall, for the purposes of paragraph (6)(a), be deemed to include three-quarters of such sum that, in the option of the Department, represents the value, expressed as an annual amount, of the benefits of the policies or accumulated investments held under the scheme on behalf of the person.

    (8) Where a practitioner has received payments under regulation 65 of the 1962 Regulations or under regulation 72 of the 1984 Regulations, there shall, for the purposes of paragraph (6)(a), be deemed to be payable to him a pension of such amount, if any, as the Department thinks fit, but not exceeding the amount of the pension to which the practitioner would, if he had not been entitled to such payments, have become entitled under those regulations, in respect of the period or periods for which such payments were made to him, if he had attained age 60 and had served the minimum period of qualifying service.

    (9) A person mentioned in paragraph (2) or (3), or a person mentioned in paragraph (4) who subsequently ceases to be employed as such a person by reason of the injury or disease, shall be entitled to receive a lump sum of the proportion of average remuneration shown in column (2) of the Table hereunder in relation to the degree by which his earning ability is reduced.


TABLE

(1)	(2)
Degree of reduction of earning ability	Proportion of average remuneration
More than 10% but not more than 25%	One-eighth
More than 25% but not more than 50%	One-quarter
More than 50% but not more than 75%	Three-eighths
More than 75%	One-half

Recovery of costs
     5.  - (1) Where, during the period commencing 1st April 1992 and ending on 30th November 2001, an allowance or any part of an allowance, or lump sum, under paragraph (2), (3), (4) or (9) of regulation 4 or, regulation 7, 8, 9, or 11 of the previous Regulations, was paid to or in respect of a person to whom regulation 3(1) of the previous Regulations applied, that person's employing authority shall be liable to pay a contribution to the Department in accordance with paragraph (5) representing - 

(a) the total amount of such allowance or such part of it; or

(b) the total amount of such lump sum;

together with the cost of providing an increase to it under Part I of the Pensions (Increase) Act (Northern Ireland) 1971.

    (2) Subject to paragraph (3), where, on or after 1st November 2001, a claim is made for an allowance or any part of it, or lump sum under paragraphs (2), (3), (4) or (9) of regulation 4, or regulations 8, 9, 10, or 12 by or in respect of a person to whom regulation 3(1) of these Regulations applies, that person's employing authority shall, on the payment by the Department pursuant to that claim of the allowance or any part of it, or, as the case may be, of the lump sum, be liable to pay a contribution to the Department in accordance with paragraph (5) representing - 

(a) the total amount of such allowance or such part; or

(b) the total amount of such lump sum;

together with the cost of providing increases to it under Part I of the Pensions (Increase) Act (Northern Ireland) 1971.

    (3) In paragraphs (1) and (2) of this regulation "that person's employing authority" means the employing authority by which he was employed at the date a claim to an allowance payable under these Regulations or the previous Regulations was made, or if the date of claim falls after he has ceased to be in employment, the employing authority by whom he was last employed.

    (4) Paragraph (2) shall not apply to any claim made on or after 2001 where that claim is made in respect of a person who dies on or after that date but who was, before that date, in receipt of an allowance or lump sum under paragraphs (2), (3), (4) or (9) of regulation 4 or who would, before that date, have received such an allowance or lump sum under any of those paragraphs but for - 

(a) the total amount of such allowance or such part; or

(b) the total amount of such lump sum;

together with the cost of providing pensions increases to it under Part I of the Pensions (Increases) Act (Northern Ireland) 1971.

    (5) Contributions payable to the Department under paragraph (1) shall be paid not later than one month from the end of the quarter in which the lump sum referred to in that paragraph was paid or, in any case where that period has expired, within such longer period as the Department may allow.

    (6) Contributions payable to the Department under paragraph (2) shall be paid not later than one month from the end of the quarter in which the allowance or any part of it, or as the case may be, the lump sum, referred to in that paragraph was paid.

    (7) This regulation shall apply to - 

(a) a practitioner;

(b) a person providing piloted services;

(c) a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme;

(d) a registered medical practitioner who is a medical pilot scheme employee; and

(e) a dental pilot scheme employee who is employed as such otherwise than by a HSS Trust, as if he were an officer employed by the Health and Social Services Board in whose area he is providing services or, as the case may be, the Health and Social Services Board, with which the person providing piloted services has agreed to provide piloted services.

Meaning of service
     6. A person's service shall comprise all of the periods which at the date on which he ceased to hold an employment or appointment mentioned in regulation 3(1), or on which the emoluments of such employment or appointment were reduced, as the case may be, fell within any of the following descriptions, but no period shall be taken into account under more than one description - 

(a) any period during which he held such employment or appointment;

(b) any period of employment that would be taken into account for any purpose of a relevant pension scheme; and

(c) any other period that the Department may approve in any particular case.