Commentary on Sections Part 3: Other benefit changes Section 65: Trainees
329.Section 65 means that from the commencement date trainees will be paid under the main IIDB scheme rather than by the current separate ‘analogous’ scheme that exists solely for trainees.
330.As trainees are not ‘employed earners’ they are not currently entitled to IIDB through the main scheme. The Analogous Industrial Injuries (AIIS) scheme is a separate scheme for trainees who suffer an accident at work whilst participating in certain training schemes or courses that are funded out of public funds by the Young People’s Learning Agency and Skills Funding Agency in England (and equivalent bodies in Scotland and Wales).
331.Subsection (1) inserts a new section 95A into the SSCBA 1992 which will treat trainees as if they were in employed earner’s employment. This means that any trainees, who are injured by accident or disease whilst participating in prescribed training schemes or courses, will be able to access benefit under the main IIDB scheme, instead of the AIIS scheme.
332.Subsection (2) removes the powers in section 11(3) of the Employment and Training Act 1973 of the Secretary of State and Industrial Training Boards to make payments equivalent to those which might be paid for IIDB.
333.Subsection (3) enables the Secretary of State to provide in regulations for all claims – existing, and new - under the AIIS scheme to be treated as claims for industrial injuries benefits. It is intended that such regulations will result in all claims being made, decided and appealed under the same rules that apply to IIDB.