The Victims’ Payments Regulations 2020

Further assessment where disablement worsens

33.—(1) A person may apply to have their degree of permanent disablement assessed again where—

(a) the person’s permanent disablement has become worse, and

(b) the person reasonably believes that their assessed degree of permanent disablement (“the original assessment”) does not provide a reasonable assessment of the degree of permanent disablement resulting from the relevant incident.

(2) An application under paragraph (1) must—

(a) be made to the Board

(b) be in writing;

(c) be on a form approved for the purpose by the Board;

(d) be signed by or on behalf of the claimant;

(e) be made within the period of 12 months beginning with the date on which the worsening began;

(f) specify the grounds on which the application is made;

(g) include medical evidence that the applicant’s disablement has become worse, and

(h) include such information as the President of the Board may from time to time determine.

(3) On receipt of an application under paragraph (1), the Board must—

(a) arrange for the applicant to be assessed by a health care professional, and

(b) provide that health care professional with any relevant information obtained under regulation 29 or otherwise in the possession of the Board.

(4) The health care professional must—

(a) assess the applicant’s degree of permanent disablement in accordance with regulation 15(2) to (8), and

(b) make a report to the Board—

(i) specifying the assessed degree of permanent disablement, and

(ii) reporting the reason for the assessment.

(5) Where the assessed degree of permanent disablement specified under paragraph (4)(b)(i) (“the further assessment”) is higher than the original assessment—

(a) the Board must determine the amount of victims’ payments payable to the applicant in accordance with regulations 18(2) to (5), 19 and 20 by reference to the further assessment, and

(b) the applicant is entitled to the amount of victims’ payments determined under sub-paragraph (a) from the date of that determination.

(6) Following the report made under paragraph (4)(b) or (in a case where paragraph (5) applies) following the determination made under paragraph (5)(a), the Board must as soon as reasonably practicable notify the applicant in writing of—

(a) the assessed degree of permanent disablement of the applicant;

(b) in a case where paragraph (5) applies, the amount determined under paragraph (5)(a), and

(c) the right to appeal.

(7) A person may make an application under this regulation only once.