The Workmen's Compensation (Supplementation) Scheme 1982

Made: 19th October 1982

Laid before Parliament: 29th October 1982

Coming into Operation: 19th November 1982

The Secretary of State for Social Services, after consultation with the Council on Tribunals insofar as required by section 10 of the Tribunals and Inquiries Act 1971, and with the consent of the Treasury, in exercise of the powers conferred by sections 2, 3, 4, 9, 10, 12 and 13 of the Industrial Injuries and Diseases (Old Cases) Act 1975[^f00001] and of all other powers enabling him in that behalf, hereby makes the following scheme for the purpose only of replacing the provisions of the schemes hereby revoked with new provisions to the same effect, and which is accordingly exempt from the requirement of section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (scheme not to be made unless a draft of that scheme has been approved by resolution of each House of Parliament):—

PART I — GENERAL

Citation, commencement and interpretation

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• (1) This scheme may be cited as the Workmen's Compensation (Supplementation) Scheme 1982, and shall come into operation on 19th November 1982.

• (2) In this scheme, unless the context otherwise requires—

• “the Act” means the Industrial Injuries and Diseases (Old Cases) Act 1975;

• “the Social Security Act” means the Social Security Act 1975;

• “the 1951 Act” means the Workmen's Compensation (Supplementation) Act 1951;

• “the 1965 Act” means the Workmen's Compensation and Benefit (Amendment) Act 1965;

• “the 1998 Act” means the Social Security Act 1998;

• “the Secretary of State” means the Secretary of State for Social Services;

• “allowance” means an allowance payable by virtue of Part II of this scheme;

• “the appropriate determining authority” means the Secretary of State or, as the case may be, the First-tier Tribunal or the Upper Tribunal;

• “beneficiary” means a person entitled to an allowance under this scheme;

• “the Board” means the Board established for the administration of, and for the determination of questions assigned to them under, the Workmen's Compensation (Supplementation) Scheme 1966 and abolished by the Workmen's Compensation (Supplementation) (Amendment) Scheme 1977;

• “claimant” means a person claiming an allowance and includes, in relation to the revision or supersession of a decision, a beneficiary under the award or affected by the decision;

• “compensation scheme” means a scheme made under the Workmen's Compensation (Silicosis) Act 1918 (as originally enacted or as extended by the Workmen's Compensation (Silicosis) Act 1924 or under section 47 of the Workmen's Compensation Act 1925 (as originally enacted or as extended by any subsequent enactment);

• “corresponding disablement pension rate” means the weekly rate for the time being of a pension payable under section 57(6) of the Social Security Act in respect of an assessment of one hundred per cent;

• ...

• “medical board” means the medical board appointed under paragraph 3 of the Silicosis and Asbestosis (Medical Arrangements) Scheme 1931;

• “medical practitioner” means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

• “pneumoconiosis” means fibrosis of the lungs due to silica dust, asbestos dust or other dust, and includes the condition of the lungs known as dust reticulation; and in the case of a person who suffers from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis may be treated as if they were effects of the pneumoconiosis and in the case of a person who suffers from pneumoconiosis, or pneumoconiosis accompanied by tuberculosis, to an extent which would, if his physical condition were otherwise normal, be of a gravity comparable to an assessment of not less than 50 per cent under the Social Security Act, the effects of any accompanying emphysema or chronic bronchitis may be treated as if they were the effects of the pneumoconiosis;

• “the relevant injury or disease” in relation to any person means the injury or disease in respect of which he is, or has since the appropriate date specified in Part II of this scheme been, entitled to weekly payments by way of workmen's compensation;

• “unemployment benefit” means unemployment benefit under the Social Security Act;

• “workmen's compensation” means compensation under the Workmen's Compensation Acts 1925 to 1945, the enactments repealed by the Workmen's Compensation Act 1925 or the enactments repealed by the Workmen's Compensation Act 1906 or under any contracting-out scheme duly certified under any of those Acts.

• (3) Any reference in this scheme to the happening of an accident shall, in relation to a case of disease, he construed in the same way as for the purposes of the Acts relating to workmen's compensation.

• (4) For the purpose of this scheme—

• (a) a person shall be deemed to be or have been entitled to weekly payments by way of workmen's compensation at any time if he would be or, as the case may be, have been so entitled at that time if—

• (i) the amount of any payment, allowance or benefit received by him otherwise than by way of workmen's compensation, or

• (ii) where the accident in consequence of which entitlement is deemed happened before 1st January 1924, either the said amount, or the amount he is earning or able to earn in some suitable employment or business, or both those amounts,

were sufficiently reduced;

• (b) a payment—

• (i) under the Workmen's Compensation (War Addition) Acts 1917 and 1919, or

• (ii) under the Workmen's Compensation (Supplementary Allowances) Act 1940 as amended by the Workmen's Compensation (Temporary Increases) Act 1943,

shall be treated as a weekly payment by way of workmen's compensation;

• (c) a period shall be treated as considerable if it lasts or can be expected to last for not less than 13 weeks;

• (d) a person may be treated as being, as the result of an injury or disease or as the joint result of 2 or more injuries or diseases, totally incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the injury or disease or, as the case may be, from the injuries or diseases taken together is not such as to prevent him from being capable of work, if it is likely to prevent his earnings (including any remuneration or profit derived from a gainful occupation) exceeding in a year such amount as is for the time being prescribed in pursuance of section 58(3) of the Social Security Act (unemployability supplement).

PART II — ALLOWANCES

Basic allowances under scheme

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• (1) Subject to the following provisions of this scheme, a person who is or since the commencement of the 1951 Act has been entitled to weekly payments by way of workmen's compensation in consequence of an accident happening before 1st January 1924, shall be entitled to a basic allowance payable out of money provided by Parliament during any period of total or partial incapacity for work resulting from the relevant injury or disease so long as he is ordinarily resident in the United Kingdom.

• (2) In this article the expression “a period of total incapacity for work resulting from the relevant injury or disease” includes a period during which a person is treated as subject to such an incapacity under the provisions of article 3.

• (3) The weekly rate of a basic allowance—

• (a) in the case of a basic allowance payable to a person in respect of a period of total incapacity for work resulting from the relevant injury or disease shall be £2.00 less the amount of his workmen's compensation; and

• (b) in the case of a basic allowance payable to a person in respect of a period of partial incapacity for work resulting from the relevant injury or disease shall be the difference between two-thirds of the amount representing his weekly loss of earnings (ascertained in accordance with article 7) due to the relevant injury or disease and the amount of his workmen's compensation, so however that the aggregate of the said weekly rate and the amount of his workmen's compensation shall in no such case exceed £2.00.

Partial incapacity to be treated as total in certain circumstances

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• (1) For the purpose of the references in article 2 to a period of total incapacity for work resulting from the relevant injury or disease, a person who is unable to obtain employment shall, subject to the provisions of paragraph (3) of this article, be treated as subject to such an incapacity:—

• (a) if he is being treated as being so for the purposes of his workmen's compensation in respect of the relevant injury or disease; or

• (b) if it appears to the appropriate determining authority—

• (i) that, having regard to all the circumstances, it is probable that he would, but for the continuing effects of the relevant injury or disease, be able to obtain work in the same grade in the same class of employment as before the happening of the accident; or

• (ii) that his inability to obtain employment is a consequence, wholly or mainly, of the relevant injury or disease.

• (2) Where a person who is unable to obtain employment fails to satisfy the conditions laid down in paragraph (1) of this article because of the supervening effects of an injury or disease other than the relevant injury or disease, or of physical or mental infirmity due to old age, he shall nevertheless be deemed to satisfy the said conditions if he proves—

• (a) that he would have satisfied either of the conditions set out in sub-paragraph (b) of the said paragraph at the time when he first became subject to the aforesaid supervening effects and that he was then unable to obtain employment; and

• (b) that since that time the effects of the relevant injury or disease have not become substantially less serious.

• (3) This article shall not apply to any person for any period for which he receives unemployment benefit.

• (4) This article shall also apply for the purposes of section 2(3) of the 1951 Act (which relates to the circumstances in which a person is to be treated as subject to total incapacity for work resulting from the relevant injury or disease).

Major incapacity allowances under scheme

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• (1) Subject to the following provisions of this scheme, a major incapacity allowance shall be payable out of money provided by Parliament to a person who is or has since 5th July 1956 been entitled to weekly payments by way of workmen's compensation—

• (a) in respect of any injury or disease other than pneumoconiosis or byssinosis if he is as a result of that injury or disease totally incapable of work and likely to remain so for a considerable period; or

• (b) in respect of pneumoconiosis if he is certified under a compensation scheme or is determined in accordance with article 14 of this scheme, to be totally disabled; or

• (c) in respect of byssinosis; or

• (d) in respect of 2 or more injuries or diseases such as are mentioned in the 3 foregoing sub-paragraphs, if he is as the joint result of those injuries or diseases totally incapable of work and likely to remain so for a considerable period;

so long as he is ordinarily resident in the United Kingdom.

• (2) The weekly rate of a major incapacity allowance payable to a person shall be the corresponding disablement pension rate....

• (3) For the purposes of this article an allowance payable by virtue of any scheme under the 1951 Act in force immediately before 1st March 1966 shall be treated as a weekly payment by way of workmen's compensation.

Lesser incapacity allowances under scheme

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• (1) Subject to the following provisions of this scheme, a lesser incapacity allowance shall be payable out of money provided by Parliament to a person, not being a person entitled to a major incapacity allowance, who was immediately before 1st March 1966 receiving an allowance payable by virtue of a scheme under the 1951 Act in force at that time, or who is or has since the commencement of the 1965 Act been entitled or may be expected to be entitled to a basic allowance or to weekly payments by way of workmen's compensation, other than notional payments, for any period during which he is either totally or partially incapable of work as a result of the relevant injury or disease, and is ordinarily resident in the United Kingdom.

• (2) In any case where the lesser incapacity allowance awarded to a beneficiary was, immediately before 11th April 2012, of an amount which is shown in the first column of Part I of Schedule 1 hereto, the rate of lesser incapacity allowance thereafter shall be the corresponding amount set out in the second column thereof.

• (3) In a case to which article 5(2) of this scheme does not apply and subject to the provisions of the next succeeding paragraph, the weekly rate of a lesser incapacity allowance payable to a person shall be determined by reference to the loss of earnings (ascertained in accordance with the provisions of article 7) suffered by that person due to the relevant injury or disease; and where the loss of earnings, ascertained as aforesaid, is of an amount shown in the first column of Part II of Schedule 1 hereto, shall be the rate opposite thereto in the second column of that Part and where such loss of earnings is of an amount (not less than 5 pence) not so shown, shall be the rate in the said column opposite to the next larger amount which is so shown.

• (4) For the purposes of this article:—

• (a) where the loss of earnings, ascertained as aforesaid, is in excess of the largest amount shown in the said first column, the weekly rate of lesser incapacity allowance shall be the rate in the second column opposite to such largest amount;

• (b) the weekly rate of lesser incapacity allowance payable to any person shall be reduced by the amount of any workmen's compensation payable to him for that week in excess of £2.00.

• (5) In this article the expression “notional payment” means a payment by way of workmen's compensation awarded or paid for the purpose of safeguarding a potential entitlement to compensation and not related to any existing loss of earnings.

• (6) For the purposes of this article a weekly payment by way of workmen's compensation made to any person shall be deemed to be a notional payment if—

• (a) the amount of such weekly payment is less than 2½ pence; or

• (b) during the period of 12 months immediately preceding 30th November 1965 either—

• (i) no weekly payments by way of such compensation were made to that person; or

• (ii) any such weekly payments made to him were of an amount less than 2½ pence;

unless that person proves that such weekly payment is not a notional payment.

Amount of workmen's compensation

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• (1) Subject to the following provisions of this article, any reference in articles 2... and 5 to the amount of a person's workmen's compensation shall be taken as referring to the amount (if any) of the weekly payments to which for the time being he is, or would but for the determination of his right be, entitled in respect of the relevant injury or disease.

• (2) For the purposes of paragraph (1) of this article:—

• (a) where in fixing the amount of those weekly payments under the provisions relating thereto regard was had to any payment, allowance or benefit which he might receive during the period of his incapacity from the person liable for the compensation and the amount is shown to have been reduced in consequence, the amount of those weekly payments shall for the purposes of this article be taken to be the reduced amount so fixed with the addition of the amount of the reduction;

• (b) where the amount of those weekly payments has not been fixed under the provisions relating thereto, it shall be fixed for the purpose of this article without regard to any such payment, allowance or benefit as aforesaid;

• (c) where an allowance or allowances under this scheme would, apart from the provisions of this sub-paragraph, be payable or be payable at a higher rate by reason of the amount of those weekly payments, fixed under the provisions relating thereto, not being the amount which ought reasonably and properly to be so fixed, the amount of those weekly payments shall, for the purposes of this article, be taken to be such as ought reasonably and properly to be so fixed, having regard to the rules for calculating such weekly payments under the provisions relating to his workmen's compensation.

• (3) Where a person is or since the commencement of the 1951 Act has been entitled to payments under the Workmen's Compensation (War Addition) Acts 1917 and 1919 but had before that commencement ceased to be entitled to any other weekly payments by way of workmen's compensation in respect of the relevant injury or disease, the amount of his workmen's compensation shall for the purpose of articles 2... and 5 be calculated as if he had not ceased to be entitled to such other payments.

• (4) Where a person is or since the commencement of the 1965 Act has been entitled to payments under the Workmen's Compensation (Supplementary Allowances) Act 1940, as amended by the Workmen's Compensation (Temporary Increases) Act 1943, but had before that date ceased to be entitled to any other weekly payments by way of workmen's compensation in respect of the relevant injury or disease, the amount of his workmen's compensation shall for the purposes of article... 5 be calculated as if he had not ceased to be entitled to such other payments.

• (5) Where by reason of the seasonal nature of a person's employment, or for any other cause, weekly payments by way of workmen's compensation were not made to that person at the same rate for each week during the 12 months preceding the making of a claim for, or an application for revision or supersession of a decision as to, an allowance, the amount of that person's workmen's compensation shall for the purposes of articles 2... and 5 be calculated or estimated in such manner and on such basis as may be appropriate, having regard to all the circumstances of the case.

Computation of loss of earnings

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