Statutory Instrument 2002 No. 718

The Workmen's Compensation (Supplementation) (Amendment) Scheme 2002

---

© Crown Copyright 2002

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Workmen's Compensation (Supplementation) (Amendment) Scheme 2002, ISBN 0 11 039517 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" SCHEDULE 1Article 5



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


Rate of Lesser Incapacity Allowance from 11th April 2001 to 9th April 2002	Rate of Lesser Incapacity Allowance from 10th April 2002
£	£
3.50	3.55
9.35	9.50
15.80	16.05
22.80	23.20
32.80	33.35
41.75	42.45




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


Loss of earnings	Rate of Lesser Incapacity Allowance
£	£
11.50	3.55
25.20	9.50
39.05	16.05
46.05	23.20
56.25	33.35
Over 56.25	42.45"

Transitional provisions
     4. Where - 

(a) a beneficiary was, before the operative date, in receipt of a lesser incapacity allowance; and

(b) 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 shall be treated as entitled, from the operative date, to an allowance at the same rate as if the final calculation had been made before that date.

     5. Where - 

(a) a claim for lesser incapacity allowance either - 


(i) was not made before the operative date and the allowance is awarded for a period beginning on or after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme (as amended by this Scheme); or

(ii) was made but not determined before the operative date; and



(b) such allowance is found to be payable in respect of a period before the operative date,

the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Scheme effected by article 3 of this Scheme not been made.

     6. 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, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, 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.



Signed by authority of the Secretary of State for Work and Pensions.


N. Brown
Minister of State, Department for Work and Pensions

13th March 2002



We consent,


Tony McNulty

Graham Stringer
Two of the Lords Commissioners of Her Majesty's Treasury

15th March 2002

[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; the relevant amending instruments are S.I.s 1982/1490, 1983/1361, 1984/1118, 1985/1446, 1986/1174, 1987/419 and 429, 1988/574, 1989/525, 1990/688 and 2538, 1991/718, 1992/319, 1993/422, 1994/671, 1995/746, 1996/598, 1997/731 and 823, 1998/571, 1999/720, 2000/697 and 2001/1001.back

[4] Those words were inserted into article 5(2) by S.I. 2001/1001.back