The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988

Abatement of weekly payments

11.—(1) Subject to paragraphs (9) and (10), where a steel employee is for any week in receipt of any of the benefits referred to in paragraph (2) or the payments referred to in paragraph (3), the amount of any weekly payment for which he would otherwise be eligible under this Scheme shall be abated as provided for in paragraphs (4) to (8).

(2) The benefits referred to in paragraph (1) are –

(i) disablement pension;

(ii) income support payable in excess of the amount which an adjudication officer determines would have been paid, had the payments under the Scheme been made before the amount of income support was determined;

(iii) invalidity pension;

(iv) maternity allowance;

(v) severe disablement allowance;

(vi) sickness benefit;

(vii) statutory maternity pay;

(viii) statutory sick pay;

(ix) unemployment benefit.

(3) The payments referred to in paragraph (1) are –

(a) a pension in respect of his employment with a steel company;

(b) periodic payments of compensation from his employer in respect of his loss of earnings occasioned by the relevant event;

(c) compensation under the Iron and Steel (Compensation to Employees) Regulations 1968.

(4) Where a steel employee would otherwise be eligible under Article 3(1) or (2) to receive the amount payable thereunder, that amount shall be abated so that –

(a) the aggregate of:–

(i) such amount;

(ii) his current earnings; and

(iii) the sum of any of the benefits referred to in paragraph (2) which he received;

does not exceed 90% of his previous earnings; and

(b) the aggregate of the amounts referred to in sub-paragraph (a)(i) to (iii) above and paragraph (3) do not exceed the amount of his previous earnings.

(5) Where a steel employee would otherwise be eligible to receive the amount of £16 under Article 4 or 5(5), that amount shall be abated by the amount referred to in paragraph 2(ii).

(6) Where a steel employee would otherwise be eligible to receive the amount referred to in Article 5(4), that amount shall be abated –

(a) by the sum of any of the benefits referred to in paragraph (2) which he receives; and

(b) so that the aggregate of the said amount, the said sum, and any payments referred to in paragraph 3(a) and (c) does not exceed the amount of his previous earnings.

(7) Where a steel employee would otherwise be eligible to receive the amount referred to in Article 7(1), that amount shall be abated by the aggregate of –

(i) one thirteenth of the total amount deducted in respect of income tax from the employee’s weekly earnings in the thirteen weeks immediately before the date on which his course of training began;

(ii) the sum of any of the benefits referred to in paragraph (2) which he receives;

(iii) the gross amount of any pay or training allowance which he receives in respect of that week;

(iv) the payments referred to in paragraph 3(a) and (c).

(8) Where a steel employee would otherwise be eligible to receive the amount referred to in Article 7(3), that amount shall be abated by the aggregate of –

(a) one thirteenth of the total amount deducted in respect of income tax from the total of the employee’s previous earnings in the thirteen weeks immediately preceding the fourth week before the relevant date; and

(b) the amounts specified in paragraph 7(ii) to (iv).

(9) Where any benefit or payment referred to in paragraph (2) or (3) is not paid weekly, it shall be deemed to accrue from week to week.

(10) Where a relevant married woman is not eligible to receive a benefit referred to in paragraph (2) on the ground only of her election, the amount which she would otherwise be eligible to receive under this Scheme shall be abated by the amount of such benefit which she would have been eligible to receive, but for her election.