Awards at the maximum rateU.K.
3.—(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.