The Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986

Awards in respect of two or more accidents

8.—(1) Where a person—

(a) was awarded a disablement gratuity under section 57(5) of the 1975 Act following any provisional assessment of the extent of his disablement arising from a relevant accident, and

(b) no final assessment of the extent of disablement in respect of that accident has been made, and

(c) has suffered one or more other relevant accidents in respect of which he claimed a disablement pension on or after 1st October 1986, and

(d) the degree of disablement arising from any such other accident is assessed as at least one per cent. for a period which coincides wholly or partly with the period of any such provisional assessment (the common period), and

(e) the aggregate of the degrees of disablement resulting from the relevant accidents for the common period entitles him to a disablement pension, that pension shall be payable to him until the expiration of the common period at the appropriate weekly rate for a degree of disablement calculated in accordance with the provisions of section 57(1B) of the 1975 Act (rounding of assessments)(1) but deducting from the resulting aggregate the degree of disablement in respect of which any disablement gratuity has been paid.

(2) Where payment of an award of disablement gratuity is suspended in accordance with regulation 41 of the Social Security (General Benefit) Regulations 1982(2), paragraph (1) above shall apply as if references to “provisional assessment” included a reference to a final assessment, and sub-paragraph (b) was omitted.

(3) Where the degree of disablement in respect of which a pension is payable under paragraph (1) is less than 20 per cent. the weekly rate of pension shall be calculated by treating each percentage point as equivalent to 1 per cent. of the amount payable for the degree of disablement of 100 per cent. as specified in paragraph 3 of Part V of Schedule 4 to the 1975 Act, and any resultant fraction of a penny shall be treated as a penny.

(4) Where the degree of disablement in respect of which a pension is payable under paragraph (1) is over 20 per cent. but is not a percent age specified in column 2 of paragraph 3 of Part V of Schedule 4 to the 1975 Act, the amount of pension shall be calculated—

(a) by reference to the amount payable in respect of the next lowest percentage degree of disablement which is so specified, and

(b) by adding to that amount for each percentage point by which the appropriate rate exceeds that percentage degree of disablement 1 per cent. of the amount payable for the degree of disablement of 100 per cent.,

any resultant fraction of a penny being treated as a penny.

(5) In this regulation and regulation 12 “accident” includes a disease prescribed under Part II of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985.

(1)

See paragraph 3 of Schedule 3 to the Social Security Act 1986.

(2)

The relevant amending instrument is S.I. 1983/186.