The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009

PART 4 Amendment of the National Health Service (Injury Benefits) Regulations 1995

Interpretation of Part 4

84.  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.

Amendment of regulation 2

85.  In regulation 2(1) (interpretation) at the appropriate place in the alphabetical order, insert—

““ophthalmic provider” has the same meaning as in whichever of the 1995 Regulations or 2008 Regulations apply to that provider;”.

Amendment of regulation 2A

86.  In regulation 2A (meaning of “practitioner”)—

(a) after paragraph (1)(b)(ii)(bb), add—

“or

(c) an ophthalmic provider.”;

(b) after paragraph (2)(b)(ii)(bb), add—

“or

(c) an ophthalmic provider.”.

Amendment of regulation 4

87.  In paragraph (6) of regulation 4 (scale of benefits), after sub-paragraph (b)(v), add—

“(vi) employment and support allowance payable under section 1(2)(a) of the Welfare and Reform Act 2007(2), in respect of the injury or disease, during the ‘assessment phase’ referred to in section 2 of that Act, or as the case may be, after that phase has ended.”.

Amendment of regulation 13

88.  In regulation 13 (review and adjustment of allowance), after paragraph (1) insert—

“(1A) For the purposes of paragraph (1)(b)—

(a) employment and support allowance payable during the assessment phase for that benefit and employment and support allowance payable after that phase has ended shall be treated as separate benefits; and

(b) where employment and support allowance was awarded to a person prior to 1st April 2009 and that person continues to be entitled to that allowance on that day, payment of that allowance shall be deemed to have commenced on that day.”.

(1)

S.I. 1995/866 as amended by S.I. 1997/646, 1998/667 and 2217, 2000/606, 2002/2469, 2003/631, 2004/696, 865 and 1016, 2005/661 and 3074, 2006/600, 2007/3280 and 2008/655, and modified by S.I. 1996/971.

(2)

2007 c. 5.