The National Health Service (Scotland) (Injury Benefits) Amendment Regulations 2013

Amendment of regulation 4

4.—(1) Regulation 4 (scale of benefits)(1) is amended in accordance with paragraphs (2) to (12).

(2) In paragraph (1), after “disease” insert “and who makes a claim in accordance with regulation 18A”.

(3) In paragraph (2)—

(a) after “ceases to be employed” insert “before 31st March 2018”; and

(b) for “that date” substitute “the date that person ceases that employment”.

(4) After paragraph (2) insert—

“(2A) This paragraph applies to a person to whom regulation 3(1) applies who—

(a) ceases employment on or after 31st March 2018 but before 31st March 2038 by reason of the injury or disease; and

(b) has not been paid any allowance or lump sum under these Regulations in consequence of that injury or disease, other than an allowance under paragraph (5) or (5B).

(2B) Where paragraph (2A) applies the Scottish Ministers may, if satisfied that the evidence produced by the person is compelling, pay from the date of the person’s cessation of employment an annual allowance of the amount referred to in paragraph (2C).

(2C) That amount is an 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 the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is reduced at the date that person ceases that employment.”.

(5) For paragraph (3) substitute—

“(3) This paragraph applies to a person to whom regulation 3(1) applies who—

(a) ceases to be employed before 31st March 2018 other than by reason of the injury or disease;

(b) at the date of ceasing that employment has not attained normal benefit age;

(c) after ceasing that employment suffers a permanent reduction in earnings ability by reason of that injury or disease; and

(d) has not been paid any allowance or lump sum under these Regulations in consequence of that injury or disease, other than an allowance under paragraph (5).

(3A) Where paragraph (3) applies the Scottish Ministers may pay from the date that the person attains normal benefit age or, as the Scottish Ministers may in any particular case allow, from the date that person suffers the reduction in earning ability referred to in paragraph (3)(c), an annual allowance of the amount referred to in paragraph (3B).

(3B) That amount is an 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 the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is permanently reduced at the date from which the allowance is payable under paragraph (3A).

(3C) This paragraph applies to a person to whom regulation 3(1) applies who—

(a) ceases employment on or after 31st March 2018 but before 31st March 2038 other than by reason of the injury or disease;

(b) at the date of ceasing employment has not attained normal benefit age;

(c) after ceasing that employment suffers a permanent reduction in earnings ability by reason of that injury or disease; and

(d) has not been paid any allowance or lump sum under these Regulations in consequence of that injury or disease, other than an allowance under paragraph (5) or (5B).

(3D) Where paragraph (3C) applies the Scottish Ministers may, if satisfied that the evidence produced by the person is compelling, pay from the date that the person attains normal benefit age or, as the Scottish Ministers may in any particular case allow, from the date that person suffers the reduction of earning ability referred to in paragraph (3C)(c), an annual allowance of the amount referred to in paragraph (3E).

(3E) That amount is an 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 the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is permanently reduced at the date from which the allowance is payable under paragraph (3D).”.

(6) In paragraph (4), after “in that regulation” insert “before 31st March 2018”.

(7) After paragraph (4) insert—

“(4A) This paragraph applies to a person to whom regulation 3(1) applies who suffers a permanent reduction in the emoluments of an employment mentioned in that regulation on or after 31st March 2018 but before 31st March 2038.

(4B) Where paragraph (4A) applies the Scottish Ministers may, if satisfied that the evidence produced by the person is compelling, pay from the date of that reduction an annual allowance of the amount referred to in, and calculated in accordance with, paragraph (4).”.

(8) In paragraph (5), after “Where” insert “before 31st March 2018”.

(9) After paragraph (5) insert—

“(5A) This paragraph applies to a person to whom regulation 3(1) applies who, on or after 31st March 2018 but before 31st March 2038, is on leave of absence with reduced emoluments by reason of the injury or disease.

(5B) Where paragraph (5A) applies the Scottish Ministers may, if satisfied that the evidence produced by the person is compelling, pay from the date of commencement of the person’s leave of absence an annual allowance of the amount referred to in paragraph (5C): the annual allowance is without regard to any reduction in the person’s earning ability.

(5C) That amount is an amount, if any, which when added to the value, expressed as an annual amount, of Amount A will provide an income of 85 per cent of the person’s average remuneration.

(5D) Amount A is the aggregate of—

(a) the emoluments payable to the person during that person’s leave of absence; and

(b) the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6).”.

(10) After paragraph (6)(b)(vi) add—

“(vii) an injury allowance payable on or after 31st March 2013 in accordance with the terms and conditions of the person’s employment.”.

(11) After paragraph (6) insert—

“(6A) For the purposes of paragraph (6) any pension referred to in paragraph (a) and any benefit referred to in paragraph (b) shall be treated as payable to a person where that person is entitled to that pension or benefit but has surrendered it or disclaimed any right to it.”.

(12) After paragraph (10) insert—

“(11) In paragraph (6) “injury allowance” means the allowance by that name referred to in the NHS Terms and Conditions of Service Handbook.

(12) For the purposes of paragraphs (2B), (3D), (4B) and (5B), evidence is compelling if—

(a) it is reliable;

(b) its value for understanding and determining the person’s claim for benefit is substantial; and

(c) it is highly probative of that claim.”.

(1)

Regulation 4 was amended by S.S.I. 2008/92 and 225, 2009/19 and 208, 2011/364 and 2012/163.