The Workmen’s Compensation (Supplementation) Amendment Scheme 1989

Made: 15th March 1989

Laid before Parliament: 22nd March 1989

Coming into force: 12th April 1989

The Secretary of State for Social Security, with the consent of the Treasury, in exercise of the powers conferred by sections 2 and 4(2) of the Industrial Injuries and Diseases (Old Cases) Act 1975[^f00001] and of all other powers enabling him in that behalf, hereby makes, in consequence of the making of the Social Security Benefits Up-rating Order 1989[^f00002], the following Scheme[^f00003]:

Citation, interpretation and commencement

1

• (1) This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1989 and shall come into force on 12th April 1989.

• (2) This Scheme shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982[^f00004] (“the principal Scheme”).

• (3) In this Scheme, “the operative date” means 12th April 1989.

Amendment of article 5 of the principal Scheme

2

Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “13th April 1988” the date “12th April 1989”.

Substitution of Schedule 1 to the principal Scheme

3

For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.

Transitional provision relating to amount of allowance payable

4

• (1) The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.

• (2) In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.

Transitional provision relating to claims not made before the operative date

5

• (1) The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.

• (2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall–

• (a) in so far as it relates to the period from 13th April 1988 to 11th April 1989 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and

• (b) in so far as it relates to a period before 13th April 1988 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.

Transitional provision relating to claims made but not determined before the operative date

6

• (1) The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.

• (2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.

Transitional provision relating to review and appeal

7

Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by 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.

SCHEDULE — CONTAINING NEW SCHEDULE 1 TO BE SUBSTITUTED IN PRINCIPAL SCHEME

SCHEDULE 1

PART I — table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies

PART II — table of loss of earnings and corresponding rate of lesser incapacity allowance

Signed

Signed by authority of the Secretary of State for Social Security.

Peter Lloyd — Parliamentary Under-Secretary of State, — Department of Social SecurityWe consent, — 13th March 1989

Alan Howarth — David Maclean — Two of the Lords Commissioners of Her Majesty’s Treasury — 15th March 1989

Explanatory note

(This note is not part of the Scheme)

This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982 by making adjustments to the lower rates of lesser incapacity allowance consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order 1989. The Scheme also makes transitional provision consequent upon that Order.

Footnotes

[^f00001]: 1975 c. 16.

[^f00002]: S.I. 1989/43, made under section 63 of the Social Security Act 1986 (c. 50).

[^f00003]: See the Industrial Injuries and Diseases (Old Cases) Act 1975 c. 16, section 4(1).

[^f00004]: S.I. 1982/1489; the relevant amending instruments are S.I. 1982/1490, 1983/1361, 1984/1118, 1985/1446, 1986/1174, 1987/419, 429 and 1988/574.