66. The National Health Service (Scotland) (Injury Benefits) Regulations 1998(1) are amended in accordance with this Part.
67. In regulation 2(1) (interpretation), in the definition of “average remuneration”(2)—
(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)”.
68. In regulation 4 (scale of benefits)—
(a)in paragraph (2), after “earning ability is” insert “permanently”; and
(b)omit paragraph (6A)(3).
69. In regulation 18A (claims for benefits)(4), 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.”
70. In regulation 18B (claims: additional matters)(5)—
(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”.
The definition of “average remuneration” was substituted by regulation 3(2)(b) of S.S.I. 2008/225. There are amendments to that definition that are not relevant for the purposes of these Regulations.
Paragraph (6A) was inserted by regulation 4(11) of S.S.I. 2013/52.
Regulation 18A was substituted by regulation 6 of S.S.I. 2013/52.
Regulation 18B was inserted by regulation 7 of S.S.I. 2013/52.