Source: All England Reporter
Publisher Citation: [2004] All ER (D) 160 (Dec)
Neutral Citation: [2004] EWHC 2879 (Admin)
Court: Administrative Court
Judge:

Wilkie J
Representation Kenneth Hamer (instructed by Christian Khan) for the claimant.
  Elisabeth Laing (instructed by the Office of the Solicitor for the Department of Health) for the Secretary of State.
Judgment Dates: 10 December 2004

Catchwords

National health service - Benefits - Injury benefits - Calculation of average earnings - National Health Service (Injury Benefits) Regulations 1995, SI 1995/866, reg 2(1).

The Case

The end-date for the relevant period for the calculation of average earnings of a person to whom reg4(2) of the National Health Service (Injury Benefits) Regulations 1995 applied was to be calculated by reference to para(b)(iii) of the definition of 'average earnings' in reg2(1) of those Regulations, irrespective of whether that person had previously been entitled to a temporary injury allowance under reg4(5).

Practice Areas

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