Regulation 20 Determination of degree of disablement for constant attendance allowance

(1)

For the purpose of determining whether a person is entitled to an increase by way of constant attendance allowance under section 61 or to a corresponding increase by virtue of section 159(3)(b) of the Act or section 7(3)(b) of the Industrial Injuries and Diseases (Old Cases) Act 1975 of any other benefit, the Secretary of State shall, in a case where that person is subject to disabilities in respect of which payments of two or more of the descriptions set out in the next following paragraph of this regulation fall to be made, determine the extent of that person's disablement by taking into account all such disabilities to which that person is subject.

(2)

The payments which may be taken into account are those of the following descriptions:—

(a)

payments by way of disablement pensions under the Act;

(b)

weekly payments to which that person is or has been at any time after 4 July 1948 entitled in respect of injury or disease being payments by way of compensation under the Workmen's Compensation Acts or under any contracting-out scheme duly certified thereunder;

(c)

payments to which that person is or has been at any time after 4 July 1948 entitled as a former constable or fireman on account of an injury pension under or by virtue of any enactment in respect of an injury received or disease contracted by that person before 5 July 1948 or in respect of his retirement in consequence of such an injury or disease;

(d)

payments by way of benefit under the Industrial Injuries and Diseases (Old Cases) Act 1975; and

(e)

payments of personal benefit by way of disablement pension or gratuity under any Personal Injuries Scheme or Service Pensions Instrument or 1914–18 War Injuries Scheme.

(3)

In sub-paragraph (2)(e) the expressions “personal benefit”, “disablement pension”, “Personal Injuries Scheme” and “Service Pensions Instrument” have the meanings which are assigned to them by the Social Security (Overlapping Benefits) Regulations 1979^f1 for the purposes of those regulations.

Annotations

Footnotes

f1: the relevant amending instrument is S.I. 1980/1927 .

Notes on Chapter

Textual amendments

F1: Words in regs. 17-22 heading omitted (6.4.1983) by virtue of The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 13(3)