NHS Injury Allowance - Section 22

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01 / 10 / 2014 4.37pm

The NHS Injury Allowance provides support for staff who sustain an injury, disease or other health condition which is attributable to their employment.

The NHS Injury Allowance scheme was introduced on 31 March 2013 following a NHS Staff Council partnership review of the NHS Injury Benefit Scheme.

Significant amendments have also been made to the NHS Injury Benefit Scheme regulations as part of the long term transitional arrangements to the new allowance. A range of support materials have been produced by the NHS Staff Council to help both employers and staff understand the provisions of the NHS Injury Allowance and the associated changes to NHS Injury Benefit Scheme. 

Injury Allowance (IA) - a guide for employers 

Injury Allowance - a guide for staff 

Transactional protection arrangements - guidance on the application of the sunset and exception clauses 

Details of the NHS Staff Council’s partnership review underpinning the agreed changes are also available 

Background information on the NHS Injury Benefit Scheme review 

Overview 

The Department of Health amended regulations which closed the Injury Benefit Scheme in respect of injuries or diseases occurring on or after 31 March 2013. These amended regulations also detail the transitional arrangements in respect of injuries or diseases occurring before that date.

In its place a clear and transparent contractual provision called the NHS ‘Injury Allowance’ (IA) was introduced as a new section of the NHS Terms and Conditions of Service Handbook on 31 March 2013. 

What is the purpose of the Injury Allowance? 

The function of the IA is to recompense employees who have temporarily lost income due to an injury or illness as a result of work. 

The IA is paid as an income top-up to eligible staff. The allowance will top up NHS sick pay (or earnings when on phased return on reduced pay) and certain other income i.e. contributory state benefits, up to 85 per cent of pay.

The allowance is limited to the period of the employment contract only and restricted to a period of up to 12 months per episode, subject to local absence management, return to work and rehabilitation policies. 

The details of the Injury Allowance provisions are set out in Section 22 of the NHS Terms and Conditions of Service handbook.

Who is eligible for Injury Allowance? 

Eligible employees are those employees covered by the provisions contained within the NHS Terms and Conditions of Service handbook or by reference within other national or local NHS employment contracts. Eligible employees must be on authorised sickness absence or a phased return to work, with reduced pay or no pay. 

Local implementation issues 

Employers need to ensure that the management of injuries, diseases or other health conditions is adopted as part of a holistic approach to absence management. 

Employers need to ensure that all their relevant policies, procedures and monitoring arrangements are reviewed in partnership with local trades unions to ensure that they are consistent with the new provisions. 

To enable consistency across the workforce employers will need to ensure that any local contracts covering their staff are amended as necessary to ensure that they have access to the new IA. 

Further information 

Employers should send any queries to: agendaforchange@nhsemployers.org 

External links NHS Business Services Authority The NHS BSA manages the amended NHS Injury Benefit Scheme.   Full detail available from

http://www.nhsbsa.nhs.uk/InjuryBenefitScheme.aspx

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