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"the principal Regulations" means the Workmen's Compensation (Supplementation) Regulations (Northern Ireland) 1983[4].

    (3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of regulation 5 of the principal Regulations
     2. In regulation 5(2) of the principal Regulations (lesser incapacity allowances) for "14th April 2004" there shall be substituted "13th April 2005".

Substitution of Schedule 1 to the principal Regulations
     3. For Schedule 1 to the principal Regulations (table of rates of lesser incapacity allowance for beneficiaries to whom regulation 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 these Regulations.

Transitional provision relating to amount of allowance payable
     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 regulation 7(2) of the principal Regulations 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 rate to which he would have been entitled had the final calculation been made before that date.

Transitional provision relating to claims not made, or made but not determined, before the operative 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 Regulations; 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 Regulations made by regulation 3 not been made.

Transitional provision relating to revision and appeal
     6. Where a lesser incapacity allowance has been awarded to a person under the principal Regulations before the operative date and a question arises as to the weekly rate of allowance payable in consequence of these Regulations, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, these Regulations 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 Regulations.

Revocation
     7. The Workmen's Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2004[6] are hereby revoked.



Sealed with the Official Seal of the Department for Social Development on


16th March 2005.

L.S.

John O'Neill
A senior officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


21st March 2005.

L.S.

Jack Layberry
A senior officer of the Department of Finance and Personnel

" SCHEDULE 1Regulation 5



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


Rate of lesser incapacity allowance from 14th April 2004 to 12th April 2005	Rate of lesser incapacity allowance from 13th April 2005
£	£
3·70	3·80
9·90	10·20
16·75	17·25
24·25	25·00
34·85	35·95
44·35	45·70




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


Loss of earnings	Rate of lesser incapacity allowance
£	£
12·40	3·80
27·15	10·20
42·05	17·25
49·65	25·00
60·60	35·95
Over 60·60 Over	45·70"

[2] 1992 c. 8; paragraph 1(7) of Schedule 6 was amended by paragraph 90 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] S.R. 1983 No. 101; relevant amending regulations are S.R. 1990 No. 445 and S.R. 2004 No. 101back

[5] 1954 c. 33 (N.I.)back

[6] S.R. 2004 No. 101back

 © Crown copyright 2005