||All England Reporter
|| All ER (D) 160 (Dec)
|| EWHC 2879 (Admin)
||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.
||10 December 2004
National health service - Benefits - Injury benefits - Calculation of average earnings - National Health Service (Injury Benefits) Regulations 1995, SI 1995/866, reg 2(1).
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).
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