PART 4AMENDMENT OF THE NATIONAL HEALTH SERVICE (SCOTLAND) (INJURY BENEFITS) REGULATIONS 1998

Amendments to the National Health Service (Scotland) (Injury Benefits) Regulations 199866

The National Health Service (Scotland) (Injury Benefits) Regulations 199823 are amended in accordance with this Part.

Amendment of regulation 267

In regulation 2(1) (interpretation), in the definition of “average remuneration”24

a

in paragraph (b)(aa), for “regulation 4(3)” substitute “regulation 4(3A) or (3D)”; and

b

in paragraph (b)(bb), for “regulation 4(4) or (5)”, substitute “regulation 4(4), (4B), (5) or (5B)”.

Amendment of regulation 468

In regulation 4 (scale of benefits)—

a

in paragraph (2), after “earning ability is” insert “permanently”; and

b

omit paragraph (6A)25.

Amendment of regulation 18A69

In regulation 18A (claims for benefits)26, after paragraph (1) insert—

1A

No person shall be entitled to a benefit under these Regulations unless the person seeking the benefit makes a claim in accordance with this regulation and regulation 18B within a period of 6 months (or such longer period as the Scottish Ministers decide is reasonable) commencing with the day on which the person becomes aware (or, if earlier, the day on which the Scottish Ministers consider it is reasonable to expect the person to have become aware) that the person may be a person to whom regulation 3(1) applies.

Amendment of regulation 18B70

In regulation 18B (claims: additional matters)27

a

in paragraph (1), for “, and within such period,” substitute “and manner”; and

b

in paragraph (3), for “notify that person” substitute “notify the person making the claim”.