S.L. 111.1 Art. 28Provision for prevention of double payments.

(1) Where the Committee is satisfied that a payment has been or will be made under an appropriate provision in respect of an injury (whether resulting in disablement or death), no award of a pension or allowance in respect of that injury shall be made under Part III of this Scheme and any such award which has been made shall be cancelled.

(2) Where periodical payments are being made under an appropriate provision or under this Scheme to or in respect of a person in respect of an injury by whomsoever sustained, the Committee may take the weekly value of those payments into account against the amount of any pension or allowance to or in respect of that person which has been or may be awarded under Part III of this Scheme in respect of any other injury (not being an injury by the person who sustained the injury first mentioned in this sub-article), and may, for the purpose of securing that only so much, if any, of that amount as exceeds that value shall be or shall have been paid to or in respect of that person, withhold or cancel the award of that pension or allowance or reduce the amount thereof.

(3) Where -

(a) periodical payments out of public funds, not being payments under an appropriate provision or under this Scheme, are being made to or in respect of a minor; or

(b) a minor is being maintained in any institution wholly or mainly supported out of public funds, the amount of any pension or allowance which may be or has been awarded under Part III of this Scheme in respect of that minor as a dependent minor may be reduced by an amount equal to the weekly value of those payments or by such amounts as the Committee may think fit having regard to the fact that the minor is being so maintained.

(4) Nothing in this article shall prevent the Committee from making an award in accordance with the provisions of article 11(3) of this Scheme.

(5) References in sub-articles (2) and (3) of this article to periodical payments or to a pension or allowance shall not include references to periodical payments or to a pension or allowance payable only in a case of need, and references in those sub-articles to periodical payments made to a person shall include references to any periodical payments which would have been made to that person if they had not been commuted, and to any periodical payments granted to that person and applied for benefit.

(6) In this article the expression "an appropriate provision" means any of the following enactments, provisions or instruments, that is to say -

(a) any Scheme made under the United Kingdom Personal Injuries (Emergency Provision) Act, 1939;

(b) any United Kingdom enactment mentioned in paragraphs (a), (b), (f), (g) and (i) of sub-article (6) of article 30 of the United Kingdom Personal Injuries (Civilians) Scheme.