Successive accidents

(1) Where a person after suffering personal injury as a result of an accident suffers personal injury as a result of another accident (hereafter in this Regulation referred to as a “successive accident”) against which he is insured under the Act he shall be entitled to receive injury benefit or disablement benefit subject to the provisions of this Regulation. (2) An insured person shall not for the same period be entitled to receive injury benefit and disablement pension but shall be entitled to receive the benefit which is payable at the higher rate. (3) Where a person who is entitled to receive or is receiving a disablement pension in respect of loss of faculty resulting from an accident (hereafter in this Regulation 92 Social Security referred to as “existing pension”) suffers loss of faculty as a result of successive accident, if the disablement resulting from the successive accident is assessed at twenty–five percent or more he shall be entitled to receive a disablement pension in respect of such accident: Provided that the sum of the amount of the existing pension and of the pension in respect of the successive accident shall not exceed the amount of pension which would be payable had one hundred per cent disablement resulted from any one accident. (4) Where a person in receipt of an existing pension suffers loss of faculty as a result of a successive accident which is assessed at less than twenty-five per cent– (a) if the assessment in respect of which the existing pension is payable amounts to not less than one hundred per cent he shall not be entitled to receive any disablement grant in respect of the successive accident; (b) in any other case he shall not be entitled to receive by way of disablement grant in respect of the successive accident an amount exceeding that which would be payable in respect of an assessment equal to the difference between one hundred per cent and the percentage of the assessment in respect of which the existing pension is Fourth Schedule.