Decision Summary Information

Back to Results | Search Again | Most Recent Decisions

Neutral Citation Number:
Reported Number:	R(I) 2 02
File Number:	CIS 4478 1999
Appellant:	Secretary of State v. Hagan
Respondent:
Judge/Commissioner:	N/A
Date Of Decision:	30/07/2001
Date Added:	19/04/2002
Main Category:	Industrial injuries benefits
Main Subcategory:	reduced earnings allowance
Secondary Category:
Secondary Subcategory:
Notes:	Reduced earnings allowance - more than one industrial accident each causing a change in regular occupation - whether there can be a reduced earnings allowance claim for each accident The claimant had two industrial accidents, in 1982 and 1984. On different dates in 1998 he made two claims for reduced earnings allowance (REA). The first claim, made in respect of the first accident, was disallowed, but he was awarded REA on the second claim, made in respect of the second accident, from a date three months before that claim. The claimant?s appeal against the disallowance was dismissed by a tribunal and he appealed to the Commissioner. The Commissioner held inter alia that there could be only one award of REA and that loss of earnings from all accidents should be taken into account in that one award made on one claim, subject to the maximum of 40% of the maximum rate of a disablement pension as provided in paragraph 11(10) of Schedule 7 to the Social Security Contributions and Benefits Act 1992. The Commissioner therefore decided that the second claim had been unnecessary and that the claimant was entitled to REA from a date three months before the first claim. The Secretary of State appealed. Held, allowing the appeal, that: 1. there can be multiple claims for and awards of REA where there are successive industrial injuries each of which makes the claimant incapable of following his current regular occupation; 2. on each claim the maximum amount of REA payable is 40% of the maximum disablement pension; 3. the maximum total amount of disablement pension and reduced earnings allowance payable in respect of all the accidents is the 140% referred to in the last part of paragraph 11(10); 4. the claimant was not entitled to REA for the period more than three months before the second claim.
Decision(s) to Download:	R(I) 2_02.doc