Article 34 Contracting-out schemes
In relation to a person whose workmen's compensation is or was compensation under a contracting-out scheme, section 3(4) and (7) of the Act (which relates to the amount of a person's workmen's compensation) and articles 2, 4, 5 and 6 of this scheme shall apply subjectF1, where appropriate, to the modification that, where by reason of the nature of the provisions of the contracting-out scheme—
there is difficulty in distinguishing the amount to which that person is or was entitled by way of workmen's compensation under that scheme from other payments to him; or
the said amount is or was reduced in consequence of other payments to him;
the amount of his workmen's compensation shall be taken to be such an amount as is reasonable in his case, having regard to the provisions of the contracting-out scheme and to the amount of the weekly payment by way of workmen's compensation which would, but for the contracting-out scheme, have been payable to him in respect of the relevant injury or disease.
Annotations
Textual amendments
- F1
Words in art. 34 inserted (6.4.1987) by The Workmens Compensation (Supplementation) Amendment Scheme 1987 (S.I. 1987/419), arts. 1, 2(1)(c), with 2(2)