The National Health Service (Injury Benefits) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the National Health Service (Injury Benefits) Regulations 1974. They provide for the payment, by the Secretary of State for Health, of injury benefits to or in respect of any person engaged in the National Health Service in England and Wales whose earning ability is reduced or who dies as a result of an injury suffered or a disease contracted in the course of his or her duties.

Part I of the Regulations contains definitions.

Part II specifies the persons to whom the Regulations apply (regulation 3) and the scale of benefits (regulation 4). Where a person’s earning ability is reduced permanently, an annual allowance of the amount necessary to provide an income of a specified level, inclusive of certain social security and occupational pension scheme benefits, is payable to that person according to the extent of the reduction of his earning ability and length of service. A lump sum is also payable to that person. There is also provision for the payment of a temporary allowance to a person who, as a result of an injury or disease, is on sick leave with reduced pay.

Part III specifies the benefits payable in respect of a person who dies as a result of, or whose death was hastened by, such an injury or disease. Allowances of the amount necessary to provide incomes of a specified level, inclusive of certain social security and occupational pension scheme benefits, are payable to a widow or widower (regulation 7), dependent children (regulation 8) and dependent relatives (regulation 9). A lump sum may also be payable to one of these persons (regulation 11).

Part IV provides for an allowance to be reviewed and varied in the light of changed circumstances (regulation 13), for the loss of rights to benefit in limited circumstances (regulation 14), for the offsetting of benefit in circumstances of crime, negligence or fraud (regulation 15), for supplementary payments in respect of certain transferred officers (regulation 16), for the taking into account of damages recovered by or in respect of the injured person (regulation 17), for the avoidance of duplicate benefits (regulation 18) and for the determination of questions (regulation 22).

Regulation 23 makes provision for certain persons who might be detrimentally affected by any provisions of these Regulations these to elect that those provisions shall not apply.

Regulation 24 and the Schedule to the Regulations make consequential revocations.

These Regulations do not impose any costs on business.