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The Victims' Payments Regulations 2020
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Assessment of degree of disablementN.I.
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1.—(1) The degree of the disablement caused by a relevant incident is assessed by making a comparison between the condition of—
(a)the person so disabled, and
(b)an average, healthy person of the same age and sex who is not disabled.
(2) In making the comparison in accordance with sub-paragraph (1), the following must not be taken into account—
(a)the earning capacity of the person so disabled in the person's trade or occupation or any other trade or occupation, and
(b)the effect of any individual factors or extraneous circumstances.
(3) Where disablement is caused by more than one relevant incident, a composite assessment of the degree of disablement is to be made by reference to the combined effect of all such incidents.
(4) Subject to sub-paragraph (5), where the sole injury which an applicant suffers as a result of the relevant incident is one specified in column 1 of Schedule 2 to the Social Security (General Benefit) Regulations 1982 (prescribed degrees of disablement), whether or not such injury incorporates one or more other injuries so specified, the assessed degree of disablement suffered by the applicant as a result of that injury is the degree of disablement specified in column 2 of that Schedule.
(5) The degree of disablement assessed in accordance with [F1sub-paragraph (4)] is subject to such increase or reduction of that degree of disablement as may be reasonable in the circumstances of the case where that degree of disablement does not provide a reasonable assessment of the degree of disablement resulting from the relevant incident.
(6) Where the assessed degree of disablement is increased or decreased in accordance with [F2sub-paragraph (5)], the health care professional conducting the assessment must make a record of the reason for the increase or decrease.
(7) For the purpose of assessing the degree of disablement resulting from an injury not specified in Column 1 of Schedule 2 to the Social Security (General Benefit) Regulations 1982, the health care professional may have such regard as the health care professional considers appropriate, to the prescribed degrees of disablement set against injuries specified in that Schedule.
Textual Amendments
F1Words in Sch. 2 para. 1(5) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(15)(a)
F2Words in Sch. 2 para. 1(6) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(15)(b)
Commencement Information
I1Sch. 2 para. 1 in force at 29.5.2020, see reg. 1(3)
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