The Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations recast the framework previously contained in Part 5 (injury allowances etc.) and regulation 45 (decisions and appeals) of the Local Government (Discretionary Payments) Regulations 1996 (“the 1996 Regulations”), for the payment of discretionary awards to persons employed by a Local Government Pension Scheme employer (“LGPS employer”) who in the course of carrying out their work sustain an injury or contract a disease.

Regulation 2 sets out the definition of terms used in these Regulations. It is based on regulation 2 (general interpretation) and regulation 33 (interpretation of Part 5) the 1996 Regulations but with some amendment in particular the definition of an LGPS employer no longer includes an admission body (i.e. a body admitted to the LGPS by virtue of an admission agreement).

Regulations 3 and 4 recast with amendments the provisions contained in regulations 34 and 35 of the 1996 Regulations relating to the payment either of an allowance where a person suffers a reduction in remuneration as a result of the injury or disease, or an annual allowance where the person ceases employment because of permanent incapacity as a result of the injury or disease. The amendments clarify the circumstances when a person may be eligible to receive an award

Regulation 5 introduces a new requirement for an LGPS employer to obtain a certificate from an independent registered medical practitioner (“IRMP”) qualified in occupational health medicine to provide an opinion on whether a person has sustained an injury or contracted a disease in the course of carrying out their work.

Regulation 6 recasts with amendments the provisions contained in regulation 36 of the 1996 Regulations relating to the payment of an allowance for pensioners who prior to retirement were entitled to an allowance for loss of remuneration. The amendments update references to various Local Government Pension Scheme Regulations.

Regulation 7 recasts with amendments the provisions contained in regulation 37 of the 1996 Regulations where a person subsequently dies as a result of their injury or disease the award may be payable to a surviving spouse or civil partner. The amendments provide that an award may be payable to a surviving nominated cohabiting partner and the term “dependant” is now defined.

Regulation 8 recasts with amendments the provisions contained in regulation 38 of the 1996 Regulations relating to the matters which an LGPS employer is to have regard to in determining the amount of an award. The amendment provides that the employer is to have regard to the degree of injury or severity of disease as assessed by the IRMP.

Regulations 9 and 10 replace the provisions contained in regulation 45 of the 1996 Regulations. Regulation 10 sets out the procedure for notifying a person of a decision about an award and of their right to appeal under the new dispute resolution procedure introduced under regulation 11.

Regulation 11 replaces the right of appeal to the Secretary of State under regulation 45 of the 1996 Regulations with a new internal process for reconsidering a decision.

Regulation 12 sets out the appeal decision notification process and the matters to be contained in the decision notice.

Regulation 13 provides that an appeal application under regulation 11 may be continued on behalf of the applicant by a representative nominated by the applicant or a personal representative where the applicant has died.

Regulation 14 provides that an LGPS employer must publish its policy regarding the exercise of powers under these Regulations to make discretionary awards, and keep that policy under review.

Regulation 15 replicates regulation 46 of the 1996 Regulations and provides that payments under these regulations must not be met out of any pension fund.

Regulation 16 makes transitional provisions and revocations subject to savings. The effect is that the remaining parts of 1996 Regulations not previously revoked, are now revoked, but that Part 5 continues to have effect in relation to any event occurring before these Regulations come into force, and the regulation 45 appeal process will continue to apply in relation to any appeal brought within 6 months of these Regulations coming into force.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.