Regulation 38 Adjustment of benefit for successive accidents where a disablement gratuity is payable
In a case where—
a person who is entitled, as a result of an accident, to a disablement pension (hereafter in this paragraph referred to as an “existing pension”) which is payable in respect of an assessment for a period which is limited by reference to that person's life, becomes as a result of any other accident, entitled to an award as a result of an assessment of disablement in respect of which a disablement gratuity would, but for this regulation, be payable; and
the aggregate amount of the assessment in respect of the existing pension and of the assessment in respect of which such disablement gratuity would be payable would, if it were the amount of the assessment of the extent of the disablement resulting from any one accident suffered by that person, have entitled him to receive a disablement pension at a higher rate than the rate of such existing pension;
then, if, at any time before his claim for disablement benefit is determined, he so elects, that person shall be entitled to a disablement pension in lieu of the said disablement gratuity at a rate equal to the difference between the said higher rate and the rate of the existing pension.
In a case in which a person who is entitled as a result of any accident to a disablement pension would but for the provisions of this paragraph become entitled in respect of any other accident to a disablement gratuity (not being a case in which he is entitled to a disablement pension in lieu of such gratuity)—
if the assessment in respect of which such pension is payable to him amounts to not less than 100 per cent, such person shall not be entitled to receive any disablement gratuity in respect of such other accident;
in any other case, such person shall not be entitled to receive, by way of disablement gratuity in respect of such other accident, an amount exceeding that which would be payable in respect of an assessment equal to the difference between 100 per cent and the percentage of the assessment in respect of which such pension is payable to him.
For the respective purposes of the two preceding paragraphs of this regulation—
references to an existing pension within the meaning of paragraph (1) and to any disablement pension in paragraph (2) respectively shall include references to all such pensions which may be payable to the person concerned, and references to the amount of the assessment in respect of which, and the rate at which, any such pension is payable shall include references to the aggregate amount of the assessments in respect of which or the aggregate of the rates at which all such pensions are payable as aforesaid;
the extent by which an assessment is increased by virtue of the provisions of section 62 of the Act (increase of disablement benefit during hospital treatment) shall be disregarded;
for the purposes of paragraph (1)(a) a person shall be deemed to be entitled to a disablement pension and to an award as described in the said sub-paragraph from the respective dates of commencement of the periods taken into account by the assessments relating to such pension and to such award.