[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Workmen's Compensation (Supplementation) (Amendment) Scheme 2006 No. 738 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060738.html

[New search] [Help]

"the principal Scheme" means the Workmen's Compensation (Supplementation) Scheme 1982[3].

Amendment of article 5 of the principal Scheme
     2. Article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme shall be amended by substituting "12th April 2006" for "13th April 2005"[4].

Substitution of Schedule 1 to the principal Scheme
     3. For Schedule 1 to the principal Scheme (table of rates), there shall be substituted the following—

" SCHEDULE 1Article 5



PART 1
TABLE OF RATES OF LESSER INCAPACITY BENEFIT ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES


Rate of lesser incapacity allowance from 13th April 2005 to 11th April 2006	Rate of lesser incapacity allowance from 12th April 2006
£	£
3.80	3.90
10.20	10.50
17.25	17.70
25.00	25.70
35.95	36.90
45.70	46.95




PART 2
TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE


Loss of earnings	Rate of lesser incapacity allowance
£	£
12.75	3.90
27.90	10.50
43.20	17.70
51.00	25.70
62.25	36.90
Over 62.25	46.95"

Transitional provision
     4. —(1) Where—

(a) a beneficiary was, before the operative date, in receipt of lesser incapacity allowance; and

(b) the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of him by that date,

the beneficiary shall be treated as entitled, from the operative date, to an allowance at the same rate as if the final calculation had been made before that date.

    (2) Where—

(a) a claim for lesser incapacity allowance either—


(i) was not made before the operative date and the allowance is awarded for a period beginning on or after the operative date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); or

(ii) was made but not determined before the operative date; and



(b) such allowance is found to be payable in respect of a period before the operative date,

the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Scheme effected by article 3 of this Scheme not been made.

    (3) Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.



Signed by authority of the Secretary of State for Work and Pensions.


Stephen C Timms
Minister of State, Department for Work and Pensions

9th March 2006



We consent,


Vernon Coaker

Tom Watson
Two of the Lords Commissioners of Her Majesty's Treasury

13th March 2006

[2] 1992 c. 5; paragraph 1(6) of Schedule 9 was amended by paragraph 115 of Schedule 7 to the Social Security Act 1998 (c. 14).back

[3] S.I. 1982/1489; relevant amending instruments are S.I. 1990/2538 and 2005/832.back

[4] Substituted in article 5(2) by S.I. 2005/832.back

 © Crown copyright 2006