Citation, commencement and interpretation

1.–(1) This Scheme may be cited as the Workmen´s Compensation (Supplementation) (Amendment) Scheme 2008 and shall come into force on 9th April 2008.

(2) In this Scheme–

"lesser incapacity allowance" means the allowance payable in accordance with article 5 of the principal Scheme;

"the operative date" means 9th April 2008;

"the principal Scheme" means the Workmen´s Compensation (Supplementation) Scheme 1982(3).

Amendment of article 5 of the principal Scheme

2. In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme, for "11th April 2007" substitute "9th April 2008".

Substitution of Schedule 1 to the principal Scheme

3. For Schedule 1 (table of rates) to the principal Scheme substitute the following–

Article 5

"SCHEDULE 1

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

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

Transitional Provision

4.–(1) Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of the beneficiary by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.

(2) This paragraph applies to a case where lesser incapacity allowance is payable in respect of a period before the operative date and the claim for the allowance was either–

(a) not made before the operative date and the allowance is awarded for a period beginning on or after that 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

(b) made but not determined before the operative date.

(3) In a case to which paragraph (2) applies, the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.

(4) 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–

(a) the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and

(b) the allowance continues 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.

EXPLANATORY NOTE

(This note is not part of the Scheme)

This Scheme amends the Workmen´s Compensation (Supplementation) Scheme 1982 (S.I. 1982/1489) by making adjustments to the rate of lesser incapacity allowance, such adjustments being consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order 2008 (S.I. 2008/632). The Scheme also makes transitional provision.

A full impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.