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Article 34 Contracting-out schemes

Original text. Later amendments are not shown.

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—

(a)

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

(b)

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)