The Social Security (General Benefit) Regulations 1982

Adjustment of increase of benefit in respect of successive accidents

39.—(1) Where a person who is entitled to a disablement pension in respect of any accident suffered by him—

(a) has received, or is entitled to, a disablement gratuity in respect of any other accident; and

(b) as a result of the loss of faculty in respect of which he has received, or is entitled to that gratuity, is incapable of work and is likely to remain permanently so incapable;

the provisions of section 58 (increase of disablement pension by way of unemployability supplement) shall apply as if that loss of faculty resulted from the accident in respect of which such disablement pension is payable.

(2) Where a person—

(a) would be entitled to a disablement pension in respect of any accident but for the provisions of section 91(1)(a) (limitations on the aggregate weekly rates of benefit payable for the same period in respect of successive accidents); and

(b) by reason only of those provisions, is unable to satisfy the conditions for the receipt of an increase of that pension by way of unemployability supplement under section 58;

the provisions of the said section 58 shall apply as if such disablement pension were payable to that beneficiary.

(3) At any time at which the sum total of the several assessments in respect of two or more accidents suffered by any person amounts to not less than 100 per cent during the continuance of the periods respectively taken into account thereby, the weekly rate of any disablement pension which is payable to him may be increased in accordance with the provisions of section 61 if he requires constant attendance as a result of the loss of faculty resulting from any one or more of such accidents, whether or not that pension is payable in respect of an assessment of 100 per cent or in respect of that loss of faculty.

(4) A beneficiary who has suffered two or more accidents shall not be entitled at any time to more than one of each of the following increases of benefit, that is to say—

(a) by way of unemployability supplement under section 58;

(b) in respect of the need of constant attendance under section 61;

(c) in respect of a child, under section 64;

(d) in respect of an adult dependant, under section 66.