The Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011

General interpretation

2.—(1) In these Regulations—

“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations 2008(1);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007(2);

“LGPS employer” means—

(a)

a Scheme employer, being a body mentioned in regulation 8, or listed in Schedule 2 to the Administration Regulations; or

(b)

a police authority in relation to a police cadet appointed under section 28 of the Police Act 1996(3).

(2) Subject to paragraph (3), “relevant employment”, in relation to any person, means employment with a LGPS employer or the predecessor of such an employer.

(3) “Relevant employment” shall not include—

(a) employment with a passenger transport executive;

(b) any period as a councillor member (which is treated as employment for the purposes of the Local Government Pension Scheme Regulations 1997(4)); or

(c) any period as the Mayor of London or a member of the London Assembly (which is treated as employment for the purposes of the Administration Regulations).

(4) “Relevant employer” in relation to any person means—

(a) the employer by whom the person in question was employed immediately before the person first qualifies for any allowance or lump sum payable under these Regulations;

(b) if the person dies without qualifying for any such allowance or lump sum, the employer who last employed the person in a relevant employment before the person’s death;

(c) if the employer specified in sub-paragraph (a) or (b) has ceased to exist (“the former employer”)—

(i) the employer to whom the person would have been transferred had the person continued in relevant employment; or

(ii) the person to whom the liabilities of the former employer have been legally assigned.

(5) References in these Regulations to an injury or disease do not include any injury or disease which is one in respect of which the person is entitled—

(a) to an injury award under a scheme made in accordance with section 34 (pensions etc.) of the Fire and Rescue Services Act 2004(5); or

(b) to injury benefits under regulations made in accordance with section 52 (regulations for police cadets) of the Police Act 1996(6).

(6) For the purposes of these Regulations, if a person—

(a) sustains an injury while travelling by vehicle to or from his or her place of work with his or her employer’s permission (whether express or implied) in connection with work related business; and

(b) at the time of the injury the vehicle was being operated (otherwise than in the course of a public transport service) by or on behalf of, or under arrangements made by the person’s employer,

the person shall be treated as having sustained the injury in the course of carrying out his or her work.

(1)

S.I. 2008/239 to which there are amendments not relevant to these Regulations.

(2)

S.I. 2007/1166; relevant amending instruments are S.I. 2007/1488, S.I. 2008/1083, S.I. 2009/3150, S.I. 2010/528 and S.I. 2010/2090.

(3)

1996 c. 16; section 28 was amended by the Greater London Authority Act 1999 (c. 29).

(4)

S.I. 1997/1612.

(5)

2004 c. 21.

(6)

Section 52 was amended by the Police Act 1997 (c. 50).