The Workmen's Compensation (Supplementation) Scheme 1982

Amount of workmen's compensation

6.—(1) Subject to the following provisions of this article, any reference in articles 2F1 ... and 5 to the amount of a person's workmen's compensation shall be taken as referring to the amount (if any) of the weekly payments to which for the time being he is, or would but for the determination of his right be, entitled in respect of the relevant injury or disease.

(2) For the purposes of paragraph (1) of this article:—

(a) where in fixing the amount of those weekly payments under the provisions relating thereto regard was had to any payment, allowance or benefit which he might receive during the period of his incapacity from the person liable for the compensation and the amount is shown to have been reduced in consequence, the amount of those weekly payments shall for the purposes of this article be taken to be the reduced amount so fixed with the addition of the amount of the reduction;

(b) where the amount of those weekly payments has not been fixed under the provisions relating thereto, it shall be fixed for the purpose of this article without regard to any such payment, allowance or benefit as aforesaid;

(c) where an allowance or allowances under this scheme would, apart from the provisions of this sub-paragraph, be payable or be payable at a higher rate by reason of the amount of those weekly payments, fixed under the provisions relating thereto, not being the amount which ought reasonably and properly to be so fixed, the amount of those weekly payments shall, for the purposes of this article, be taken to be such as ought reasonably and properly to be so fixed, having regard to the rules for calculating such weekly payments under the provisions relating to his workmen's compensation.

(3) Where a person is or since the commencement of the 1951 Act has been entitled to payments under the Workmen's Compensation (War Addition) Acts 1917 and 1919 but had before that commencement ceased to be entitled to any other weekly payments by way of workmen's compensation in respect of the relevant injury or disease, the amount of his workmen's compensation shall for the purpose of articles 2F2 ... and 5 be calculated as if he had not ceased to be entitled to such other payments.

(4) Where a person is or since the commencement of the 1965 Act has been entitled to payments under the Workmen's Compensation (Supplementary Allowances) Act 1940, as amended by the Workmen's Compensation (Temporary Increases) Act 1943, but had before that date ceased to be entitled to any other weekly payments by way of workmen's compensation in respect of the relevant injury or disease, the amount of his workmen's compensation shall for the purposes of articleF3 ... 5 be calculated as if he had not ceased to be entitled to such other payments.

(5) Where by reason of the seasonal nature of a person's employment, or for any other cause, weekly payments by way of workmen's compensation were not made to that person at the same rate for each week during the 12 months preceding the making of a claim for, or an application for [F4 revision or supersession] of a decision as to, an allowance, the amount of that person's workmen's compensation shall for the purposes of articles 2F3 ... and 5 be calculated or estimated in such manner and on such basis as may be appropriate, having regard to all the circumstances of the case.

Textual Amendments

F1 Words in art. 6(1) revoked (6.4.1987) by The Workmens Compensation (Supplementation) Amendment Scheme 1987 (S.I. 1987/419), arts. 1, 2(1)(a), with 2(2)

F2 Words in art. 6(3) revoked (6.4.1987) by The Workmens Compensation (Supplementation) Amendment Scheme 1987 (S.I. 1987/419), arts. 1, 2(1)(b), with 2(2)

F3 Words in art. 6(4)(5) revoked (6.4.1987) by The Workmens Compensation (Supplementation) Amendment Scheme 1987 (S.I. 1987/419), arts. 1, 2(1)(b), with 2(2)

F4 Words in art. 6(5) substituted (5.7.1999) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), art. 1, Sch. 6 para. 2