OpenLegislation

The Workmen’s Compensation (Supplementation) (Amendment) Scheme 1998

S.I. 1998/571 · Made 5 March 1998

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 5th March 1998

Laid before Parliament 12th March 1998

Coming into force 8th April 1998

The Secretary of State for Social Security, with the consent of the Treasury, in exercise of the powers conferred by paragraph 2 of Schedule 8 to the Social Security Contributions and Benefits Act 1992f1 and paragraph 1 of Schedule 9 to the Social Security Administration Act 1992f2 and of all other powers enabling her in that behalf, hereby makes the following Scheme:

Annotations to the whole text

Footnotes

f1

1992 c. 4.

f2

1992 c. 5.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of article 5 of the principal Scheme
  3. 3Substitution of Schedule 1 to the principal Scheme
  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 review and appeal
  7. Signature
  8. Schedule CONTAINING NEW SCHEDULE 1 TO BE SUBSTITUTED INTHE PRINCIPAL SCHEME
  9. Explanatory note

1Citation, commencement and interpretation

(1)

This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1998 and shall come into force on 8th April 1998.

(2)

In this Scheme—

  • “the operative date” means 8th April 1998;

  • “the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982f1; and

  • “lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.

2Amendment of article 5 of the principal Scheme

Paragraph (2) of article 5 of the principal Scheme (lesser incapacity allowances under scheme) shall be amended by substituting for the words “9th April 1997” the words “8th April 1998”.

3Substitution of Schedule 1 to the principal Scheme

For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rates of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.

4Transitional provision relating to amount of allowance payable

(1)

Paragraph (2) of this article 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 article 7(2) of the principal Scheme had not been made by that date.

(2)

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 date

(1)

Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance—

(a)

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 Scheme as it will have effect after the operative date; or

(b)

was made but not determined before the operative date.

(2)

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 Scheme made by article 3 of this Scheme not been made.

6Transitional provision relating to review and appeal

Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme 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 Scheme.

Signature

Signed by authority of the Secretary of State for Social Security.

Frank Field

Minister of State,

Department of Social Security

3rd March 1998

We consent,

Graham Allen

Jim Dowd

Two of the Lords' Commissioners of Her Majesty’s Treasury

5th March 1998

CONTAINING NEW SCHEDULE 1 TO BE SUBSTITUTED INTHE PRINCIPAL SCHEME

SCHEDULE 1

Article 5

PART I

TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES

Rate of Lesser Incapacity Allowance from 9th April 1997 to 7th April 1998Rate of Lesser Incapacity Allowance from8th April 1998
££
3.153.25
8.358.65
14.2014.70
20.3521.10
29.4030.45
37.3538.70

PART II

TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE

Loss of EarningsRate of Lesser Incapacity Allowance
££
10.503.25
23.008.65
35.6014.70
42.0021.10
51.3030.45
Over 51.3038.70

Explanatory note

(This note is not part of the Scheme)

This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982 by making adjustments to the rate of the lesser incapacity allowance consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order 1998. The Scheme also makes transitional provision.

This Scheme does not impose any costs on business.