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The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2005

S.R. 2005/142 · Made 16 March 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 16th March 2005

Coming into operation 13th April 2005

The Department for Social Development, in exercise of the powers conferred 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 now vested in itf3, 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. 2005 No. 82

f2

1992 c. 8; paragraph 1(7) of Schedule 6 was amended by paragraph 90 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

f3

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of regulation 5 of the principal Regulations
  3. 3Substitution of Schedule 1 to the principal Regulations
  4. 4Transitional provision relating to amount of allowance payable
  5. 5Transitional provision relating to claims not made, or made but not determined, before the operative date
  6. 6Transitional provision relating to revision and appeal
  7. 7Revocation
  8. Signature
  9. Schedule SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL REGULATIONS
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 13th April 2005.

(2)

In these Regulations –

  • “lesser incapacity allowance” means the allowance payable in accordance with regulation 5 of the principal Regulations;

  • “the operative date” means 13th April 2005, and

  • “the principal Regulations” means the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1983f1.

(3)

The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of regulation 5 of the principal Regulations

In regulation 5(2) of the principal Regulations (lesser incapacity allowances) for “14th April 2004” there shall be substituted “13th April 2005”.

3Substitution of Schedule 1 to the principal Regulations

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 payable

Where –

(a)

a beneficiary was, before the operative date, in receipt of a lesser incapacity allowance; and

(b)

the final calculation of loss of earnings required by regulation 7(2) of the principal Regulations had not been made in respect of him by that date,

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 that date.

5Transitional provision relating to claims not made, or made but not determined, before the operative date

Where –

(a)

a claim for lesser incapacity allowance either –

(i)

was not made before the operative date and the allowance is awarded for a period beginning on or 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

(ii)

was made but not determined before the operative date; and

(b)

such allowance is found to be payable in respect of a period before the operative date,

the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Regulations made by regulation 3 not been made.

6Transitional provision relating to revision and appeal

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 reconsidered in the light of the 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.

7Revocation

The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2004f1 are hereby revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 16th March 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

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 21st March 2005.

L.S.

Jack Layberry

A senior officer of the

Department of Finance and Personnel

SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

“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 14th April 2004 to 12th April 2005Rate of lesser incapacity allowance from 13th April 2005
££
3·703·80
9·9010·20
16·7517·25
24·2525·00
34·8535·95
44·3545·70

PART II

table of loss of earnings and corresponding rate of lesser incapacity allowance

Loss of earningsRate of lesser incapacity allowance
££
12·403·80
27·1510·20
42·0517·25
49·6525·00
60·6035·95
Over 60·60 Over45·70

”

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1983 by increasing the lower rates of lesser incapacity allowance consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order (Northern Ireland) 2005. The Regulations also include transitional and revocation provisions.

These Regulations do not impose any costs on business.