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The Workmen's Compensation (Supplementation) Scheme 1982

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Changes over time for: Section 34

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This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

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The Workmen's Compensation (Supplementation) Scheme 1982, Section 34 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Contracting-out schemes

34.  In relation to a person whose workmen's compensation is or was compensation under a contracting-out scheme, section 3(4) and (7) of the Act (which relates to the amount of a person's workmen's compensation) and articles 2, 4, 5 and 6 of this scheme shall apply subject[F1, where appropriate,] to the modification that, where by reason of the nature of the provisions of the contracting-out scheme—

(a)there is difficulty in distinguishing the amount to which that person is or was entitled by way of workmen's compensation under that scheme from other payments to him; or

(b)the said amount is or was reduced in consequence of other payments to him;

the amount of his workmen's compensation shall be taken to be such an amount as is reasonable in his case, having regard to the provisions of the contracting-out scheme and to the amount of the weekly payment by way of workmen's compensation which would, but for the contracting-out scheme, have been payable to him in respect of the relevant injury or disease.

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