2Amendment of the National Health Service (Injury Benefits) Regulations 1995
(1) The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
(2) For paragraph (3) of regulation 3 (persons to whom the Regulations apply), substitute—
“(3) These Regulations shall not apply to a person—
(a) in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct;
(b) eligible to participate in a superannuation scheme established under section 1 of the Superannuation Act 1972.”.
(3) In paragraph (4) of regulation 4 (scale of benefits) after “suffers a”, insert “permanent”.
(4) After regulation 18 (avoidance of duplicate benefits), insert—
“Claims for benefits18A
A person claiming to be entitled to benefits under these Regulations and his employing authority including any previous employing authority of his shall provide such evidence of entitlement as the Secretary of State may from time to time require.”.
(5) After regulation 21 (payment to personal representatives), insert—
“Decisions by medical practitioners and other persons21A
(1) The Secretary of State may make arrangements for his functions under Part II of these Regulations in relation to—
(a) a decision whether a person has sustained an injury or contracted a disease to which regulation 3(2) applies and, if so, by what degree his earning ability has been permanently reduced for the purpose of the payment of an allowance referred to in regulation 4(2), (3) or (4);
(b) a decision whether a person has sustained an injury or contracted a disease to which regulation 3(2) applies for the purpose of the payment of an allowance referred to in regulation 4(5),
to be discharged by the person or authority specified in paragraph (2).
(2) In the case of—
(a) a decision specified in paragraph (1)(a), the function may be discharged by a registered medical practitioner appointed by the Secretary of State to act on his behalf;
(b) a decision specified in paragraph (1)(b), the function may be discharged by the employing authority of that person.”.
Specified date: 1 April 2004: see reg 1(1).