PART IIREDUCED EARNINGS ALLOWANCE

Awards at the maximum rate3

1

Where on the second or subsequent award of reduced earnings allowance in respect of an accident or disease the award—

a

is made at the maximum rate payable under section 59A(8) of the Act, or

b

would have been made at that rate but for paragraph 5(3) of Schedule 3 to the 1986 Act or regulation 8,

then, but subject to paragraph (2), on any award thereafter the probable standard of a person's remuneration in any employment shall be determined as being the same standard as that determined for the purpose of the last previous award of reduced earnings allowance increased by a percentage equal to any percentage increase in the level of earnings for the relevant occupational groups.

2

This regulation does not apply where—

a

on an award, reduced earnings allowance would be payable at a rate below the maximum rate payable under section 59A(8) of the Act otherwise than by virtue of paragraph 5(3) of Schedule 3 to the 1986 Act or regulation 8; or,

b

there has been a relevant change in the person's circumstances since the last previous award.