{
  "url": "https://openlegislation.uk/local-government-discretionary-payments-and-injury-benefits-scotland-amendment-regulations-2009/note",
  "json_url": "https://openlegislation.uk/local-government-discretionary-payments-and-injury-benefits-scotland-amendment-regulations-2009/note.json",
  "legislation": "ssi/2009/187",
  "legislation_title": "The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations 2009",
  "legislation_url": "https://openlegislation.uk/local-government-discretionary-payments-and-injury-benefits-scotland-amendment-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (“the Injury Benefit Regulations”). Regulations 3 to 6, 9 to 19, 21 to 25 and 28 are consequential to the Local Government Pension Scheme 2009 constituted by the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (“the Administration Regulations”) and the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 (“the Benefits Regulations”) or make other minor amendments.\nRegulations 7 and 8 also amend regulations 9 and 10 of the Injury Benefit Regulations to ensure that any lump sums and annual compensation arising from the award of compensatory added years under regulation 8 of those Regulations are calculated at 3/80 and 1/80 (respectively) of the person’s final pay.\nRegulation 20 amends regulation 35 of the Injury Benefit Regulations to increase the compensation payable to employees who cease to be employed by reason of redundancy or business efficiency from 66 weeks' pay to 104 weeks' pay.\nRegulation 26 inserts a new Part VI(A) into the Injury Benefit Regulations to provide for the discretionary payment of ill health gratuities by employing authorities to employees whose employment is terminated on the grounds of ill health but where the employing authority does not consider that the employee is rendered permanently incapable of discharging the duties of his or her current employment (regulation 20 of the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 provides for the payment of certain benefits in cases where the employing authority terminates employment on the grounds that the employee is rendered permanently incapable of discharging efficiently the duties of his or her current employment).\nAn ill health gratuity may consist only of a one off lump sum, which is calculated on the basis of one week’s pay for each year’s service and limited to a maximum of 30 weeks' pay. Regulation 27 amends regulation 51A(1) of the Inquiry Benefit Regulations to require employers to include in their policy statement the policy they intend to apply to their exercise of the discretionary in health gratuity.\nRegulation 29 amends the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 (“the Benefits Regulations”). Paragraph (a) amends regulation 20(1) of the Benefits Regulations to remove the requirement that a member must have a reduced likelihood of obtaining gainful employment before his or her normal retirement age before the member can receive benefits under that regulation.\nRegulations 31 to 33 amend the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (“the Administration Regulations”). Regulations 32 and 33 insert new regulations 38A and 60A which allow administering authorities to have a “Pensions Administration Strategy” which allows them to agree levels of performance that employing authorities should strive to achieve in carrying out their functions under the Administration Regulations and the Benefits Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2009/187/note",
    "retrieved_at": "2026-10-28T22:01:28.554579+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}