- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Social Security (Industrial Injuries) (Reduced Earnings Allowance and Transitional) Regulations 1987, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.—(1) On any award of reduced earnings allowance except the first award made in respect of a relevant accident or a disease prescribed in accordance with chapter V of Part II of the Act, a person's probable standard of remuneration shall be determined in accordance with the following provisions of this regulation or, if applicable, of regulation 3.
(2) On the second award made in respect of an accident or disease, a person's probable standard of remuneration in any employment shall be determined in the same manner as on the first award.
(3) On a third or subsequent award made in respect of an accident or disease, a person's probable standard of remuneration in an employment shall be determined—
(a)if applicable, in accordance with paragraphs (4)—(8) of this regulation or with regulation 3, or
(b)otherwise in the same manner as on the first award.
(4) Where at the time of the award a person's regular occupation has ceased to exist, his probable standard of remuneration in the regular occupation shall be determined in accordance with paragraph (6).
(5) Where at the time of the award either—
(a)a person is not employed, or
(b)he is employed but the employment is not suitable in his case, and
(c)there has been no relevant change of circumstances since the last previous award,
the probable standard of remuneration in any employed earner's employment which is suitable in his case and which he is likely to be capable of following shall be determined in accordance with paragraph (6).
(6) For the purposes of paragraphs (4) and (5) a person's probable standard of remuneration shall be determined by reference to the standard determined for the purposes of the last previous award of reduced earnings allowance [F1adjusted by a percentage equal to any percentage change] in the level of earnings for the relevant occupational groups.
(7) For the purposes of paragraph (6) and regulation 3(1)—
(a)the relevant occupational group is the numbered group specified in data relating to earnings published from time to time by the Department of Employment which is the nearest to, respectively,
(i)the person's regular occupation,
(ii)any employed earner's employments which are suitable in his case and which he is likely to be capable of following; and
(b)the [F2percentage change] in the level of earnings shall be determined by reference to the movement in average gross weekly earnings of full-time employees on adult rates in the relevant occupational group where pay was not affected by absence; and
(c)a [F3percentage change] for any year shall be applied to a determination of the probable standard of remuneration on an award made for a period commencing on or after the first Wednesday in the February of the year following the year to [F3which the change relates].
(8) For the purposes of paragraph (4), a person's regular occupation has ceased to exist where—
(a)his former employer has ceased to trade in the locality, or
(b)the work the person did at his former place of employment no longer exists or has changed to such a degree that the work amounts to a different occupation,
and there is in the person's locality no employer providing work similar to that in which he was engaged.
Textual Amendments
F1Words in reg. 2(6) substituted (11.4.1988) by The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1988 (S.I. 1988/553), regs. 1, 4(2)
F2Words in reg. 2(7)(b) substituted (11.4.1988) by The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1988 (S.I. 1988/553), regs. 1, 4(3)
F3Words in reg. 2(7)(c) substituted (11.4.1988) by The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1988 (S.I. 1988/553), regs. 1, 4(4)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: