The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) (Amendment) Regulations (Northern Ireland) 2006

Amendment of the Injury Benefits Regulations

4.—(1) The Injury Benefits Regulations shall be amended in accordance with paragraphs (2) to (5).

(2) For paragraph (4) of regulation 3 (Persons to whom these Regulations apply) there shall be substituted—

“(4) These Regulations shall not apply to a person—

(a) in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct;

(b) eligible to participate in a superannuation scheme established under Article 3 of the Superannuation (Northern Ireland) 1972.”.

(3) After regulation 19 (Avoidance of duplicate benefits), insert—

“Claim for benefits

19A.   A person claiming to be entitled to benefits under these Regulations and his employing authority including any previous employing authority of his shall provide such evidence of his entitlement as the Department may from time to time require.”

(4) After regulation 22 (Payment to personal representatives) insert—

“Decisions by employing authorities

22A.   The Department may make arrangements for its functions under Part II of these Regulations, in relation to a decision whether a person has sustained an injury or contracted a disease to which regulation 3(3) (Persons to whom these Regulations) applies and, if so, by what degree his earning ability has been temporarily reduced for the purpose of the payment of an allowance referred to in regulation 4(4) (Scale of benefit), to be discharged by the employing authority of that person.”

(5) In regulation 5 (Recovery of costs) in sub-paragraph 7(f)(ii)(1), for the words “non-GP provider” there shall be substituted “a non-GP provider”.

(1)

Sub-paragraph (7)(f) was inserted by regulation 13(4) of S.R. 2005 No. 565