2010 No. 916
The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2010
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Scheme, with the consent of the Treasury, in exercise of the powers conferred by paragraph 2 of Schedule 8 to the Social Security Contributions and Benefits Act 19921 and paragraph 1 of Schedule 9 to the Social Security Administration Act 19922.
Citation, commencement and interpretation1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2010 and shall come into force on 14th April 2010.
2
In this Scheme—
lesser incapacity allowance
the operative date
the principal Scheme
Amendment of article 5 of the principal Scheme2
In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme for “8th April 2009” substitute “14th April 2010”.
Substitution of Schedule 1 to the principal Scheme3
For Schedule 1 (table of rates) to the principal Scheme substitute the following—
SCHEDULE 1
PART 1TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 8th April 2009 to 13th April 2010
Rate of lesser incapacity allowance from 14th April 2010
£
£
4.40
4.45
11.90
12.10
20.00
20.30
29.00
29.45
41.70
42.35
53.10
53.90
PART 2TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings
Rate of lesser incapacity allowance
£
£
14.60
4.45
32.00
12.10
49.60
20.30
58.50
29.45
71.40
42.35
Over 71.40
53.90
Transitional Provision4
1
Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of the beneficiary by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.
2
Where lesser incapacity allowance is payable in respect of a period before the operative date and the claim for the allowance was either—
a
not made before the operative date and the allowance is awarded for a period beginning on or after that date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this scheme); or
b
made but not determined before the operative date,
the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
3
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme—
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and
b
the allowance continues to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions
We consent,
(This note is not part of the Scheme)