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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Workmen's Compensation (Supplementation) (Amendment) Scheme 2007 No. 804 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070804.html

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"the principal Scheme" means the Workmen's Compensation (Supplementation) Scheme 1982[3].

Amendment of article 5 of the principal Scheme
     2. In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme, for "12th April 2006" substitute "11th April 2007".

Substitution of Schedule 1 to the principal Scheme
     3. For Schedule 1 (table of rates) to the principal Scheme substitute the following—

" SCHEDULE 1Article 5



PART 1
TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES


Rate of lesser incapacity allowance from 12th April 2006 to 10th April 2007	Rate of lesser incapacity allowance from 11th April 2007
£	£
3.90	4.05
10.50	10.90
17.70	18.35
25.70	26.60
36.90	38.20
46.95	48.65




PART 2
TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE


Loss of earnings	Rate of lesser incapacity allowance
£	£
13.20	4.05
28.90	10.90
44.75	18.35
52.85	26.60
64.50	38.20
Over 64.50	48.65"

Transitional provision
     4. —(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 him 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) This paragraph applies to a case 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.

    (3) In a case to which paragraph (2) applies, 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.

    (4) 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.


James Purnell
Minister of State, Department for Work and Pensions

8th March 2007



We consent,


Frank Roy

Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury

12th March 2007

[2] 1992 c. 5. Paragraph 1(6) of Schedule 9 was amended by paragraph 115 of Schedule 7 to the Social Security Act 1998 (c. 14).back

[3] S.I. 1982/1489; relevant amending instruments are S.I. 1990/2538 and 2006/738.back

 © Crown copyright 2007