87. In this Part an alphanumerical reference to a regulation is a reference to a provision of the National Health Service (Injury Benefits) Regulations 1995(1) bearing that designation.
88. In regulation 2(1) (interpretation), omit the words ““PMS practice” has the same meaning as in the Pension Scheme Regulations;”.
89. In regulation 4 (scale of benefits), for paragraph (4)(6)(a) substitute—
“(a)any pension payable to the person under a relevant pension scheme, disregarding any—
(i)reduction in the amount of that pension under regulation T5 or T6 of the 1995 Regulations (offset for crime, negligence or fraud and loss of rights to benefits) or regulation 2.J.6, 2.J.7, 3.J.6 or 3.J.7 (reduction in benefits in cases where loss caused by member’s crime, negligence or fraud and forfeiture of right to benefits) of the 2008 Regulations;
(ii)reduction in the amount of that pension under regulation E2A(7), E7 or L1(5) (lump sum for members in serious ill-health, general option to exchange part of pension for lump sum and lump sum for deferred members in serious ill-health) of the 1995 Regulations or regulation 2.D.14, 2.D.15, 3.D.10 or 3.D.11 (general option to exchange part of pension for lump sum and option for members in serious ill-health to exchange whole pension for lump sum) of the 2008 Regulations; and
(iii)increase in the amount of that pension, under the Pensions (Increase) Act 1971(2), after the date at which the average remuneration used in the calculation of the allowance was calculated;”.
90. In regulation 4A (recovery of costs), after paragraph (8) insert—
“(9) Where a person has more than one employing authority, the Secretary of State may direct what proportion, if any, of the contribution due under this regulation shall be payable by each of those employing authorities.”.
91. In regulation 18A (claims for benefits)—
(a)before “A person claiming to be entitled”, insert “(3)”;
(b)before the newly numbered paragraph (3), insert—
“(1) No person shall be entitled to any benefit under these Regulations unless, in addition to any other conditions relating to that benefit being satisfied, that person makes a claim for it—
(a)in writing (or in such manner as the Secretary of State may from time to time accept), and
(b)within—
(i)6 months commencing with the day on which the other conditions relating to the benefit in question are satisfied, or
(ii)such other longer period as the Secretary of State may from time to time accept.
(2) If during the whole or part of the period mentioned in paragraph (1)(b) the person—
(a)lacks capacity (within the meaning of the Mental Capacity Act 2005(3)), or
(b)is prevented by fraud or concealment from discovering the facts entitling that person to apply for a benefit,
a claim may be made at any time before the end of the period of 6 months from the date on which that person no longer lacks capacity or, as the case may be, could with reasonable diligence have discovered those facts.”.
92. After regulation 21A (decisions by medical practitioners and other persons), insert—
21B.—(1) Where an employing authority makes a payment of a benefit pursuant to regulation 4(5), that employing authority shall—
(a)within 14 days of making the first such payment, provide the Secretary of State with—
(i)the full name and national insurance number of the person in respect of whom the payment is being made; and
(ii)the date on which that individual first became entitled to the benefit;
(b)within 14 days of making the last such payment, provide the Secretary of State with—
(i)the full name and national insurance number of the person in respect of whom the payment has been made;
(ii)the date on which that individual ceased to be entitled to the benefit; and
(iii)a statement of the total amount paid to the person pursuant to regulation 4(5) during that period of absence from employment.
(2) Where a person recovers any damages or compensation mentioned in regulation 17, that person shall, within 14 days of a right to and the amount of such damages or compensation finally being determined, provide written notice to the Secretary of State containing—
(a)the person’s full name;
(b)the person’s national insurance number; and
(c)the total amount of damages or compensation recovered.
(3) Where a person fails to provide the notice required by paragraph (2), no benefits shall be payable under these Regulations in respect of the period from the expiry of the 14th day mentioned in paragraph (2) until the date on which the notice is received by the Secretary of State, and where benefits have been paid to the person before the failure to give notice has been determined by the Secretary of State, the Secretary of State shall withhold all or part of any further benefits payable to the person under these Regulations until the amount of the payments made by the Secretary of State in respect of that period has been recovered.”.