The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 115

Social Security

The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2008

Made

12th March 2008

Coming into operation

9th April 2008

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 1992(1) and paragraph 1 of Schedule 6 to the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3).

These Regulations are made with the consent of the Department of Finance and Personnel.

Citation, commencement and interpretation

1.—(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) 1983(4).

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of regulation 5 of the principal Regulations

2.  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 Regulations

3.  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 payable

4.  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 date

5.  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 appeal

6.  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.

Revocation

7.  The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2007(6) are revoked.

Sealed with the Official Seal of the Department for Social Development on 12th March 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

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

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel

Regulation 3

SCHEDULE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Regulation 5

“SCHEDULE 1

PART I TABLE 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 II TABLE 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”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1983 by increasing 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 (Northern Ireland) 2008. The Regulations also include transitional and revocation provisions.

(1)

1992 c. 7; paragraph 2 of Schedule 8 is amended by Article 7 of S.R. 2008 No. 92

(2)

1992 c. 8; paragraph 1(7) of Schedule 6 was amended by paragraph 90 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.R. 1983 No. 101; relevant amending Regulations are S.R. 1990 No. 445 and S.R. 2007 No. 172

(5)

1954 c. 33 (N.I.)

(6)

S.R. 2007 No. 172