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

Persons entitled immediately before 1st October 1986 to an increase under section 60 of the 1975 Act

10.  A beneficiary who on 30th September 1986 was entitled for any period to an increase of disablement pension under section 60 of the 1975 Act (increase for special hardship) shall be treated as entitled for any part of that period which falls after that day and in respect of which he would have satisfied the conditions of entitlement specified in that section but for paragraph 5(2) of Schedule 3 to the 1986 Act, to reduced earnings allowance either—

(a) at the weekly rate at which the increase was payable to him in respect of the week ending 30th September 1986, or

(b) where on a review a decision is revised after 30th September 1986, at the weekly rate of increase or, as the case may be, allowance, which is appropriate to the date of the review, increased as appropriate in accordance with any order made under section 124 of the 1975 Act (power to increase rates of benefit).