2008 No. 115
The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2008
Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 171(4) of, and paragraph 2 of Schedule 8 to, the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and paragraph 1 of Schedule 6 to the Social Security Administration (Northern Ireland) Act 19922, and now vested in it3.
These Regulations are made with the consent of the Department of Finance and Personnel.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 9th April 2008.
2
In these Regulations—
“lesser incapacity allowance” means the allowance payable in accordance with regulation 5 of the principal Regulations;
“the operative date” means 9th April 2008;
“the principal Regulations” means the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 19834.
3
The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of regulation 5 of the principal Regulations2
In regulation 5(2) of the principal Regulations (lesser incapacity allowances) for “11th April 2007” substitute “9th April 2008”.
Substitution of Schedule 1 to the principal Regulations3
For Schedule 1 to the principal Regulations (table of rates of lesser incapacity allowance for beneficiaries to whom regulation 5(2) applies and table of loss of earnings and corresponding rates of lesser incapacity allowance) substitute the Schedule set out in the Schedule to these Regulations.
Transitional provision relating to amount of allowance payable4
Where—
a
a beneficiary was, before the operative date, in receipt of a lesser incapacity allowance; and
b
the final calculation of loss of earnings required by regulation 7(2) of the principal Regulations 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 rate to which he would have been entitled had the final calculation been made before that date.
Transitional provision relating to claims not made, or made but not determined, before the operative date5
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 II of Schedule 1 to the principal Regulations; 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 Regulations made by regulation 3 not been made.
Transitional provision relating to revision and appeal6
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate of allowance payable in consequence of these Regulations—
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, these Regulations; and
b
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 Regulations.
Revocation7
The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 20076 are revoked.
Sealed with the Official Seal of the Department for Social Development on 12th March 2008
The Department of Finance and Personnel consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 13th March 2008
SCHEDULESCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL REGULATIONS
SCHEDULE 1
PART ITABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM REGULATION 5(2) APPLIES
Rate of lesser incapacity allowance from 11th April 2007 to 8th April 2008
Rate of lesser incapacity allowance from 9th April 2008
£
£
4∙05
4∙20
10∙90
11∙35
18∙35
19∙05
26∙60
27∙60
38∙20
39∙70
48∙65
50∙55
PART IITABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings
Rate of lesser incapacity allowance
£
£
13∙70
4∙20
30∙00
11∙35
46∙50
19∙05
54∙90
27∙60
67∙00
39∙70
Over 67∙00
50∙55
(This note is not part of the Regulations)