The Workmen’s Compensation (Supplementation) Amendment Scheme 1990

• Citation: S.I. 1990/688
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1990 and shall come into force on 11th April 1990.

(2) This Scheme shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982 (“the principal Scheme”).

(3) In this Scheme, “the operative date” means 11th April 1990.

Section 2 Amendment of article 5 of the principal Scheme

Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “12th April 1989” the date “11th April 1990”.

Section 3 Substitution of Schedule 1 to the principal Scheme

For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.

Section 4 Transitional provision relating to amount of allowance payable

(1) The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.

(2) In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.

Section 5 Transitional provision relating to claims not made before the operative date

(1) The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.

(2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall–

(a) in so far as it relates to the period from 12th April 1989 to 10th April 1990 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and

(b) in so far as it relates to a period before 12th April 1989 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.

Section 6 Transitional provision relating to claims made but not determined before the operative date

(1) The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.

(2) Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.

Section 7 Transitional provision relating to review and appeal

Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by this Scheme and the allowance shall continue 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.