The Personal Injuries (Civilians) Amendment (No.2) Scheme 1992

• Citation: S.I. 1992/3226
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment (No.2) Scheme 1992 and shall come into force on 7th January 1993.

(2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .

Section 2 Amendment of article 2 of the principal Scheme

In article 2 of the principal Scheme (interpretation) , after paragraph (14) (definition of “material date”) there shall be inserted the following paragraph—

(14A) “noise-induced sensorineural hearing loss” means damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise, and a condition or symptom is to be treated as related to such hearing loss if it is another condition, or a symptom, which is the consequence of damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise;

Section 3 Amendment of article 10 of the principal Scheme

In article 10 of the principal Scheme (determination of degree of disablement), after paragraph (2) there shall be inserted the following paragraphs—

(2A) Where the average hearing loss at frequencies of 1, 2 and 3 kHz is not 50 dB or more in each ear, the degree of disablement in respect of that loss shall be assessed at less than 20 per cent.

(2B) Neither noise-induced sensorineural hearing loss nor a related condition or symptom shall be taken into account in determining a person’s degree of disablement if the degree of disablement in respect of that loss alone is less than 20 per cent.

Section 4 Amendment of article 72 of the principal Scheme

In article 72 of the principal Scheme (power to award lump sums) at the beginning there shall be inserted the words “Subject to article 72A,”.

Section 5 Insertion of article 72A in the principal Scheme

After article 72 of the principal Scheme there shall be inserted the following article—

(72A) A lump sum under article 72 shall not be payable in relation to—

(a) noise-induced sensorineural hearing loss, or

(b) a related condition or symptom if it is accompanied by noise-induced sensorineural hearing loss.

Section 6 Transitional provision

(1) Where the degree of disablement in respect of noise-induced sensorineural hearing loss, or in respect of such hearing loss and a related condition or symptom, is assessed at less than 20 per cent, and a claim for an award in respect of that disablement was made prior to 7th January 1993, payment of any award resulting from that claim shall be made as though articles 2, 3, 4 and 5 of this Scheme were omitted.

(2) Expressions used in this article which are defined in the principal Scheme have the same meaning in this article as they have in the principal Scheme.