This week the topic interrupts the current series of industrial injuries and industrial diseases, to include an important update about reduced earnings allowance, or REA for short.

This week the topic interrupts the current series of industrial injuries and industrial diseases, to include an important update about reduced earnings allowance, or REA for short.

CURRENT POSITION OF TEST CASES

The current position is that two cases referred to the Social Security Commissioner decided that the new legislation introduced in March 1996 could be used to reduce the REA to retirement allowance, causing a loss of up to £30 per week. Although the cases involved men and women the case for the women did not deal with the discriminatory aspect relating to EC Law. There are, however, four cases selected to determine that point and we expect that there will be a hearing soon. The question of a reference to the European Court of Justice has been raised but not yet determined.

IS THIS THE END FOR THE MEN?

The good news is that the cases referred to the Commissioner, and decided against, contained none of the points that are in my appeals. These points are to be decided in other cases to the Commissioner. The cases that lost are to be heard in the court of appeal, and the Commissioner who dealt with them has added a special note when granting leave to appeal to the court of appeal, that they may wish to expedite the cases, that is to say, list them for hearing as soon as possible.

WHAT NOW?

Until all the possible alternative cases have been heard, there will not be a great deal of progression on any of the outstanding cases until the court of appeal hearing, so unfortunately it is a case of sit and wait.

JIM STRANG COMMENTS

If you need to know more about this article, then you can write to Jim Strang c/o S & J Property Management Ltd., 81 Duke Street, Birkenhead. Don't forget to include an SAE for the reply.

If you wish him to act on your behalf, then you can contact him on 652-8600 at the same address between 10am and 4pm, Mon-Fri.

Readers are advised that Jim Strang represents clients on a 'no win, no fee' basis. Details are available from him.

Converted for the new archive on 13 March 2001. Some images and formatting may have been lost in the conversion.