Human Resources Policy No. HR21

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1 Human Resources Policy No. HR21 Sponsor: Head of Human Resources in conjunction with Director of Corporate Affairs Date agreed by TNCC: March 2005 Date agreed by Board: May 2005 Date of next review: March 2010 Date of Issue: January 2006 Page 1 of 5

2 Contents Page Number Section 1 Introduction 3 Section 2 Eligibility 3 Section 3 Temporary Injury Allowance 4 Section 4 Permanent 4 Section 5 Dependants Allowance 5 Section 6 Industrial Injury Benefit 5 Date of Issue: January 2006 Page 2 of 5

3 1. INTRODUCTION 1.1 This policy is an outline of the rules of the NHS Schemes, the detailed rules of which take authority in all cases. Full details of the schemes are available on the NHS Pensions Agency website, which may be found at The policy also gives information on the related State benefit. 1.2 The NHS Scheme provides benefits for any NHS employee who, as a result of injury, disease or health condition caused by the duties of their NHS employment is on certified sick leave with reduced or no pay or dies leaving a spouse and/or dependants. N.B. Managers must ensure that all injuries at work are recorded in accordance with Trust policy. 1.3 There are three types of injury benefit temporary injury allowance, permanent injury benefit and dependant s allowance (following death). 1.4 There are two main tests for NHS : is the condition wholly or mainly attributable to NHS employment? has, or will the condition result in a loss of earnings (Temporary Injury Allowance) or a permanent reduction in earning ability (Permanent Injury Benefit)? 1.5 The level of proof required to determine if a loss of earnings (ability) is attributable to an injury is on balance of probability. 1.6 Payment of an NHS Injury Benefit does not represent a legal admission of liability for the injury. 1.7 The NHS Scheme is administered nationally, with some functions delegated to Trusts. 1.8 All enquiries relating to NHS should be referred to the Trust s Pensions Manager, who have to take advice from the NHS Pensions Agency. 2. ELIGIBILITY 2.1 The NHS Scheme covers all NHS employees, whether or not they are members of the NHS Pensions Scheme. Cover is provided from the first day of employment and continues throughout employment. 2.2 The Scheme does not cover agency staff or other external contractors but does cover Bank staff. Date of Issue: January 2006 Page 3 of 5

4 3. TEMPORARY INJURY ALLOWANCE 3.1 This applies where an employee is on certified sick leave with reduced pay or no pay because of an injury, disease or health condition, which is wholly or mainly attributable to their NHS employment. 3.2 Temporary Injury Allowance is paid by the Trust and is designated to top up income to 85% of the average remuneration after taking into account salary and certain Social Security Benefits. When an employee returns to work or leaves their employment, the allowance stops. 3.3 Individuals who feel they may be eligible for payment should raise this with their line Manager, who will refer the matter to the Pensions Manager. This includes cases where the Manager has doubts as to eligibility. 3.4 In general, the Trust decides whether temporary injury allowance is appropriate, i.e. whether the injury, disease or health condition qualifies for the allowance. 3.5 All applications for Temporary Injury Allowance will be reviewed by the Trust s Pensions Manager and will require the authorisation of an Assistant Director of Finance or an Executive Director, or by the NHS Pensions Agency, as appropriate. 3.6 In cases where there is doubt or a dispute of opinion then the advice of the Scheme s Independent Administrator will be sought by the Trust s Pensions Manager. The Occupational Health Service may also be called on to give some guidance. 3.7 The Scheme s Independent Administrators will always be consulted by the Trust s Pensions Manager on stress related injury allowance claims or cases of disease. 3.8 Staff who are dissatisfied with the Trust s decision may write to the Director of Finance to ask him to review the case. This request must be made within 3 months of being advised of the decision. 4. PERMANENT INJURY BENEFITS 4.1 If the injury or disease sustained by the individual permanently reduces his/her earnings ability by 11% or more, then the individual may be entitled to permanent injury benefit. The calculation of the guaranteed income is based upon the length of NHS Service and the reduction in earnings ability. The amount of guaranteed income can be up to 85% of the previous salary, and is paid direct to the individual by the NHS Pensions Agency, with costs being recharged to the Trust. 4.2 Permanent are payable for life, although they may be affected by a subsequent reemployment. There are three main circumstances in which an employee would qualify for this benefit, namely: working reduced hours in the same job, or taking lower paid employment, e.g. by dropping down to a lower grade, or leaving work with the Trust altogether. Date of Issue: January 2006 Page 4 of 5

5 4.3 The NHS Pensions Agency will decide whether the injury qualifies for an allowance after the employee has had their salary reduced or stopped. In practice, this means that the employee will not be able to know whether (s)he will qualify until such time as they actually have their pay reduced or have left employment. Any benefit will be based on the permanent loss of earning ability, taking into account the continuing earning capability in the general field of employment, not only in the position that the employee fills. The NHS Pensions Agency will also determine the start date for any payment to be made. 4.4 Individuals who feel they may have a claim should refer to their Manager. 4.5 Managers should refer all cases where the benefit may be payable to the Pensions Manager. This includes cases where the Manager has doubts as to eligibility. 5. DEPENDANTS ALLOWANCE (FOLLOWING DEATH OF AN EMPLOYEE OR EX- EMPLOYEE) 5.1 If the injury or disease results in death, an income guarantee of 45% is provided for the widow/widower and a guarantee of 10% for each of the first four dependent children (20% if there is no widow/widower). Benefits continue to be payable until the widow/widower remarries or lives with another person as husband and wife. The NHS Pensions Agency has discretion in such cases e.g. if financial hardship would result on termination. 5.2 If, at the time of death, a higher allowance was being paid to the injured person, then the widow/widower will receive that amount for six months. 5.3 In addition, a lump sum of 50% will be paid to the widow/widower provided that one had not been paid to the employee or ex-employee prior to their death. 5.4 Managers learning of the death of an individual who was in receipt of should inform Pay Services in writing as soon as possible, giving the known details. 6. INDUSTRIAL INJURY BENEFIT 6.1 This is a government benefit and applies to the whole population, not just NHS employees. Benefits are paid by the Benefits Agency (formerly the D.S.S.) if an employee has sustained either an injury or disease which has caused disability. 6.2 To claim benefit, the individual should be advised to go to the Benefits Agency and request the appropriate form. There are a number of leaflets available which advise on how to claim for specific work related diseases. 6.3 This benefit is independent of those benefits outlined in the rest of this Policy. Date of Issue: January 2006 Page 5 of 5

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