Regulation 8 Change of circumstances and backdatingI1

Northern Ireland

(1)

The amount of periodic compensation payable under these Regulations may be varied where –

(a)

there is a change in the circumstances of the person or persons to whom periodic compensation is payable, and

(b)

that change would have resulted in –

(i)

a different rate of periodic compensation being payable (including where a rate of nil may apply), or

(ii)

periodic compensation being payable from a different start date;

and such a variation shall take effect from the date that the change in circumstances occurred.

(2)

The amount of periodic compensation calculated under paragraph (1) shall be subject to paragraph 28 of Schedule 6 (annual increase in periodic compensation) and any regulations made under that paragraph, and paragraph 29 (Board’s powers to alter rates of revaluation and indexation) of that Schedule.

(3)

Where a person makes a claim for periodic compensation, his claim for periodic compensation shall be backdated to the date he became eligible to claim periodic compensation, or where that date is more than five years prior to the date of the claim, for five years from the date of the claim.

Annotations

Commencement

I1: Reg. 8 in operation at 6.4.2005, see reg. 1(1)