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STATUTORY INSTRUMENTS
2005 No. 832
SOCIAL SECURITY
The Workmen's Compensation (Supplementation) (Amendment) Scheme 2005
|
Made |
14th March 2005 | |
|
Laid before Parliament |
23rd March 2005[a] | |
|
Coming into force |
13th April 2005 | |
The Secretary of State for Work and Pensions, with the consent of the Treasury, in exercise of the powers conferred on him by paragraph 2 of Schedule 8 to the Social Security Contributions and Benefits Act 1992[1] and paragraph 1 of Schedule 9 to the Social Security Administration Act 1992[2], and of all other powers enabling him in that behalf, hereby makes the following Scheme:
Citation, commencement and interpretation
1.
- (1) This Scheme may be cited as the Workmen's Compensation (Supplementation) (Amendment) Scheme 2005 and shall come into force on 13th April 2005.
(2) In this Scheme -
"lesser incapacity allowance" means the allowance payable in accordance with article 5 of the principal Scheme;
"the operative date" means 13th April 2005; and
Amendment of article 5 of the principal Scheme
2.
Article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme shall be amended by substituting "13th April 2005" for "14th April 2004"[4].
Substitution of Schedule 1 to the principal Scheme
3.
For Schedule 1 to the principal Scheme (table of rates), there shall be substituted the following -
Transitional provision
4.
- (1) Where -
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.
(2) Where -
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.
(3) 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.
Malcolm Wicks
Minister of State, Department for Work and Pensions
14 March 2005
We consent,
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury
14 March 2005
EXPLANATORY NOTE
(This note is not part of the Scheme)
This Scheme amends the Workmen's Compensation (Supplementation) Scheme 1982 by making adjustments to the rate of lesser incapacity allowance, such adjustments being consequential upon the increase in the maximum rate of that allowance made by the Social Security Benefits Up-rating Order 2005. The Scheme also makes transitional provision.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
Notes:
[1]
1992 c. 4; paragraph 2(6)(c) of Schedule 8 was amended by S.I. 2005/522.back
[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. 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, 2001/1001, 2002/718, 2003/656 and 2004/582.back
[4]
Substituted in article 5(2) by S.I. 2004/582.back
[a]
Amended by Correction Slip.
Page 1; the date laid before Parliament should read "23rd March 2005".
back
ISBN
0 11 072628 6
© Crown copyright 2005
Prepared
29 March 2005
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URL: https://www.bailii.org/uk/legis/num_reg/2005/20050832.html