The Workmen's Compensation (Supplementation) Scheme 1982

PART VII TRANSITIONAL PROVISIONS

Finality of decisions of the Board

25.  Except as provided by article 26 of this scheme, any decision given by the Board on a claim or question under provisions of the Workmen's Compensation (Supplementation) Scheme 1966 in force immediately before 1st July 1977(1) or under any scheme made under the 1951 Act in force immediately before 1st March 1966 shall be final for the purposes of this scheme.

Review of decisions of the Board

[F1 26.— (1) The Secretary of State may at any time and from time to time revise or supersede any decision given by the Board under provisions of the Workmen’s Compensation (Supplementation) Scheme 1966 in force immediately before 1st July 1977, if—

(a) the decision was erroneous in view of new facts which have been brought to his notice since the date on which the decision was given or by reason of some mistake being made with respect to the facts or the law; or

(b) there has been any relevant change of circumstances since the decision was given.

(2) A decision of the Board may be revised or superseded by the Secretary of State on his own initiative or by application in writing to him for the purpose.

(3) Where it appears to the Secretary of State that an issue has arisen whether the decision as to an award of an allowance to which this article relates ought to be revised or superseded in accordance with the provisions of paragraph (1), he may decide that payment of the allowance shall be suspended in whole or in part until that issue has been determined.

(4) Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this article in any case where it is shown to the satisfaction of the Secretary of State that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.

(5) For the purposes of this article a decision given under any scheme made under the 1951 Act shall be treated as if it had been given under the Workmen’s Compensation (Supplementation) Scheme 1966 as it was immediately before the Workmen’s Compensation (Supplementation) Amendment Scheme 1977 came into operation.

(6) On a revision or supersession of a decision given by the Board under any scheme made under the 1951 Act in force before 1st March 1966 a decision given by the Secretary of State may determine any issues referred to him arising under any such scheme.]

Textual Amendments

F1 Art. 26 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. 8

Claims in respect of periods before commencement of scheme

27.  A claim may be made in respect of a period before the coming into operation of this scheme for an allowance payable by virtue of any scheme revoked by this scheme, or any scheme made under the 1951 Act, and such a claim and any question arising in connection therewith shall be determined by the appropriate determining authority and any allowance in respect of such a period shall be awarded and paid in accordance with the provisions of any scheme which was in force during that period.

Conditions for allowance satisfied by previous awards

28.  Any allowance under this scheme may be paid without any claim or award or awarded without any claim, if, in the opinion of the Secretary of State, evidence of the satisfaction of the conditions for that allowance is afforded by the award, in respect of a period before the coming into operation of this scheme, of an allowance payable by virtue of a scheme revoked by this scheme, or a scheme made under the 1951 Act, or of an allowance under the Workmen's Compensation and Benefit (Supplementation) Act 1956.

Preservation of entitlement to larger amount of allowances

29.  Any beneficiary, not being a person entitled to an allowance payable by virtue of any scheme made under section 5 of the Act who is entitled under the provisions of section 3(2) or (3) of the 1965 Act to payment of a greater amount or aggregate amount than he is entitled to receive by way of allowances under this scheme shall, so long as he is so entitled, be paid by way of increase to the allowance or, if more than one, the largest allowance to which he is entitled under this scheme, such a sum as will, in addition to the allowance or allowances payable to him by virtue of this scheme, ensure that the total amount or aggregate amount payable to him is the amount to which he is entitled by virtue of the said section 3(2) or (3).

Final calculation not made by 25th November 1981

30.—(1) The provision of the next succeeding paragraph of this article shall apply to a beneficiary who was, before 25th November 1981, in receipt of lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of this scheme had not been made by that date.

(2) In such a case as is referred to in the last preceding paragraph the beneficiary shall be treated as entitled from 25th November 1981 to an allowance at the rate to which he would have been entitled had the final calculation been made before that date.

Claims not made before 25th November 1981

31.—(1) The provisions of the next succeeding paragraph of this article shall apply to a person whose claim for lesser incapacity allowance was not made before 25th November 1981 and who is awarded such an allowance for a period after that date at one of the rates shown in the second column of Part II of Schedule 1 hereto.

(2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before 25th November 1981 shall—

(a) in so far as it relates to the period from 26th November 1980 to 24th November 1981 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 hereto which corresponds to the rate awarded to him for the period after 25th November 1981; and

(b) in so far as it relates to a period before 26th November 1980, be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after 25th November 1981.

Claims made but not determined before 25th November 1981

32.—(1) The provision of the next succeeding paragraph of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before 25th November 1981.

(2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before 25th November 1981 shall be paid at the rate or rates in force for that period which corresponds or correspond with that person's loss of earnings.

Review

33.  Where a lesser incapacity allowance has been awarded to a person under any of the schemes revoked by this scheme before any other such scheme came into operation and [F2 an issue] arises as to the weekly rate of allowance payable in consequence of that other scheme, the case shall be [F2 considered by the Secretary of State who may decide the issue afresh] in the light of amendments made by that other scheme, and the allowance shall continue to be payable at the weekly rate specified in the award until [F2 the issue] has been determined in accordance with the provisions of this scheme.

Textual Amendments

F2 Words in art. 33 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. 9

(1)

See S.I. 1977/991, article 4.