PART 4 N.I.Determination of entitlement

Interim assessments N.I.

14.—(1) Where the condition of the applicant does not allow the degree of permanent disablement to be assessed, the health care professional must—

(a) make an assessment of the period of time for which it is reasonable, having regard to the possibility of changes in the applicant's condition, to assess the degree of disablement of the applicant (“the interim period”);

(b) make an assessment of the degree of disablement of the applicant during the interim period (“an interim assessment”), and

(c) make a report to the Board—

(i) specifying the interim period and the interim assessment, and

(ii) reporting the reasons for the assessments.

(2) The interim period is to be a maximum of 2 years (but this is subject to [F1 paragraphs (5) and (6))].

(3) The Board must make arrangements for the applicant to be reassessed by a health care professional before the end of the interim period.

(4) Where, on reassessment under paragraph (3), the condition of the applicant allows the degree of permanent disablement to be assessed, the health care professional must—

(a) assess the degree of permanent disablement, and

(b) make a report to the Board of the assessed degree of permanent disablement and the reason for that assessment.

(5) But where the condition of the applicant still does not allow the degree of permanent disablement to be assessed, the health care professional must—

(a) extend the interim period;

(b) make an interim assessment, and

(c) make a report to the Board—

(i) specifying the interim period and the interim assessment;

(ii) reporting the reasons for the extension and the interim assessment.

(6) The interim period may be extended more than once but is to be a maximum of 4 years.

(7) Where an interim period is extended, paragraph (3) applies at the end of the interim period as extended.

(8) Paragraph (9) applies if, at the end of an interim period of 4 years, a health care professional considers that the condition of the person still does not allow the degree of permanent disablement to be assessed.

(9) Where this paragraph applies, the health care professional must—

(a) assess the degree of permanent disablement so far as it is possible, and

(b) make a report to the Board of the assessed degree of permanent disablement and the reason for that assessment.

Textual Amendments

F1 Words in reg. 14(2) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(6)

Commencement Information

I1 Reg. 14 in force at 29.5.2020, see reg. 1(3)