The Local Government (Discretionary Payments and InjuryBenefits) (Scotland) Amendment Regulations 2009 have now been issued…

These new regulations are backdated to 1 April 2009 and make provision for:


• A “third tier” discretionary ill-health lump sum compensation payment to members who cease to be employed on capability grounds but who are not deemed to be permanently incapable of carrying out efficiently the duties of their employment.
• An increased maximum lump sum compensation payment in cases of redundancy or efficiency of 104 weeks (up from 66 weeks).
• Any lump sums and annual compensation arising from the award of compensatory added years to continue to be calculated at 3/80th and 1/80th (respectively) of the member’s pay.
• Administering authorities to be able to recover additional costs resulting from an employing authority’s level of performance.
• Administering authorities to publish an administration strategy setting out procedures for liaising and communicating with employing authorities.

These changes are largely as anticipated from earlier consultation and draft publication.