The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 1996
S.R. 1996/76 · Made 7 March 1996 · Extends to Northern Ireland
SOCIAL SECURITY
Made 7th March 1996
Coming into operation 10th April 1996
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 171(4) of, and paragraph 2 of Schedule 8 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and paragraph 1 of Schedule 6 to the Social Security Administration (Northern Ireland) Act 1992f2 and of all other powers enabling it in that behalf, and with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1992 c. 7; paragraph 2 of Schedule 8 is amended by Article 7 of S.R. 1996 No. 73
- f2
Contents
- 1Citation, commencement and interpretation Not yet in force
- 2Amendment of regulation 5 of the principal Regulations Not yet in force
- 3Substitution of Schedule 1 to the principal Regulations Not yet in force
- 4Transitional provision relating to amount of allowance payable Not yet in force
- 5Transitional provision relating to claims not made, or made but not determined, before the operative date Not yet in force
- 6Transitional provision relating to review and appeal Not yet in force
- 7Revocation Not yet in force
- Signature
- Schedule Schedule to be substituted for Schedule 1 to the principal Regulations Not yet in force
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 10th April 1996.
In these Regulations—
-
“the operative date” means 10th April 1996;
-
“the principal Regulations” means the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1983f1.
The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to a Measure of the Assembly.
2Amendment of regulation 5 of the principal RegulationsI1
In regulation 5(2) of the principal Regulations (lesser incapacity allowances) for “12th April 1995” there shall be substituted “10th April 1996”.
3Substitution of Schedule 1 to the principal RegulationsI1
For Schedule 1 to the principal Regulations (table of rates of lesser incapacity allowance for beneficiaries to whom regulation 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to these Regulations.
4Transitional provision relating to amount of allowance payableI1
Paragraph (2) shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by regulation 7(2) of the principal Regulations had not been made by that date.
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
5Transitional provision relating to claims not made, or made but not determined, before the operative dateI1
Paragraph (2) shall apply to a person whose claim for lesser incapacity allowance—
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Regulations; or
was made but not determined before the operative date.
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Regulations made by regulation 3 not been made.
6Transitional provision relating to review and appealI1
Where a lesser incapacity allowance has been awarded to a person under the principal Regulations before the operative date and a question arises as to the weekly rate of allowance payable in consequence of these Regulations, the case shall be reviewed by the adjudication officer in the light of amendments made by, and transitional provisions contained in, these Regulations and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Regulations.
7RevocationI1
The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 1995f1 are hereby revoked.
Signature
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
L.S.
W. G. Purdy
Assistant Secretary
7th March 1996.
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
L.S.
J. G. Sullivan
Assistant Secretary
7th March 1996.
Schedule to be substituted for Schedule 1 to the principal RegulationsI1
“SCHEDULE 1
Regulation 5
Part I
Table of Rates of lesser Incapacity Allowance for Beneficiaries to whom Regulation 5(2) Applies
Rate of lesser incapacity allowance from 12th April 1995 to 9th April 1996 inclusive Rate of lesser incapacity allowance from 10th April 1996 £ £ 3·00 3·10 7·90 8·20 13·40 13·90 19·20 19·95 27·70 28·80 35·25 36·60 Part II
Table of Loss of Earnings and Corresponding Rate of Lesser Incapacity Allowance
Loss of earnings Rate of lesser incapacity allowance £ £ 9·95 3·10 21·75 8·20 33·65 13·90 39·70 19·95 48·50 28·80 Over 48·50 36·60 ”
Explanatory note
(This note is not part of the Regulations.)
These Regulations amend the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1983 by making adjustments to the lower rates of lesser incapacity allowance consequential upon the increase in the maximum rate of that allowance. The Regulations also include transitional provisions and revoke the Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 1995