The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2006

Statutory Instruments

2006 No. 738

SOCIAL SECURITY

The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2006

Made

13th March 2006

Laid before Parliament

20th March 2006

Coming into force

12th April 2006

The Secretary of State for Work and Pensions makes the following Scheme, with the consent of the Treasury, in exercise of the powers conferred by paragraph 2 of Schedule 8 to the Social Security Contributions and Benefits Act 1992(1) and paragraph 1 of Schedule 9 to the Social Security Administration Act 1992(2):

Citation, commencement and interpretation

1.—(1) This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2006 and shall come into force on 12th April 2006.

(2) In this Scheme—

“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme;

“the operative date” means 12th April 2006; and

“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982(3).

Amendment of article 5 of the principal Scheme

2.  Article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme shall be amended by substituting “12th April 2006” for “13th April 2005”(4).

Substitution of Schedule 1 to the principal Scheme

3.  For Schedule 1 to the principal Scheme (table of rates), there shall be substituted the following—

Article 5

“SCHEDULE 1

PART 1 TABLE OF RATES OF LESSER INCAPACITY BENEFIT ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES

Rate of lesser incapacity allowance from 13th April 2005 to 11th April 2006	Rate of lesser incapacity allowance from 12th April 2006
£	£
3.80	3.90
10.20	10.50
17.25	17.70
25.00	25.70
35.95	36.90
45.70	46.95

PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE

Loss of earnings	Rate of lesser incapacity allowance
£	£
12.75	3.90
27.90	10.50
43.20	17.70
51.00	25.70
62.25	36.90
Over 62.25	46.95”

Transitional provision

4.—(1) Where—

(a) a beneficiary was, before the operative date, in receipt of lesser incapacity allowance; and

(b) the final calculation of loss of earnings required by article 7(2) of the principal Scheme 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 same rate as if the final calculation had been made before that date.

(2) 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 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); 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 Scheme effected by article 3 of this Scheme not been made.

(3) Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and 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 Scheme.

Signed by authority of the Secretary of State for Work and Pensions.

Stephen C Timms

Minister of State,

Department for Work and Pensions

9th March 2006

We consent,

Vernon Coaker

Tom Watson

Two of the Lords Commissioners of Her Majesty’s Treasury

13th March 2006

Explanatory Note

(This note is not part of the Scheme)

This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982 (S.I.1982/1489) by making adjustments to the rate of lesser incapacity allowance, such adjustments being consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order 2006 (S.I. 2006/645). The Scheme also makes transitional provision.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1992 c. 4; paragraph 2(6)(c) of Schedule 8 was amended by S.I. 2006/645.

(2)

1992 c. 5; paragraph 1(6) of Schedule 9 was amended by paragraph 115 of Schedule 7 to the Social Security Act 1998 (c. 14).

(3)

S.I. 1982/1489; relevant amending instruments are S.I. 1990/2538 and 2005/832.

(4)

Substituted in article 5(2) by S.I. 2005/832.