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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Disablement benefit, etc.

12.—(1) In section 108 of that Act (disablement questions), at the end of subsection (1) add “(and accordingly fall to be determined by an adjudication officer)”.

(2) For subsection (4A) of that section substitute the following subsections—

(4A) Where, in the case of a claimant for disablement benefit, the extent of any disablement of his resulting from an aggregable accident (that is to say, an accident other than the one which is the basis of the claim in question) has been assessed in accordance with paragraph 4(2) of Schedule 8 to this Act at less than 14 per cent., then—

(a)the adjudication officer may refer the disablement questions relating to the aggregable accident to one or more adjudicating medical practitioners for fresh determination; and

(b)on any such reference—

(i)those questions shall be determined as at the first day of the common period; and

(ii)the period to be taken into account shall be the period beginning with that day.

(4B) In subsection (4A) above “the first day of the common period” means whichever is the later of—

(a)the first day of the period taken into account by the assessment of the extent of the claimant’s disablement resulting from the accident which is the basis of the claim in question;

(b)the first day of the period taken into account by the assessment of the extent of his disablement resulting from the aggregable accident..

13.—(1) In Schedule 8 to that Act (assessment of extent of disablement), for paragraph 4(2) substitute the following sub-paragraphs—

(2) Where the assessed extent of a claimant’s disablement amounts to less than 14 per cent., then, subject to sub-paragraphs (3) and (4) below, that assessment shall be a final assessment and the period to be taken into account by it shall not end before the earliest date on which it seems likely that the extent of the disablement will be less than 1 per cent.

(3) Sub-paragraph (2) above does not apply in any case where it seems likely that—

(a)the assessed extent of the disablement will be aggregated with the assessed extent of any present disablement; and

(b)that aggregate will amount to 14 per cent. or more.

(4) Where the extent of the claimant’s disablement is assessed at different percentages for different parts of the period taken into account by the assessment, then—

(a)sub-paragraph (2) above does not apply in relation to the assessment unless the percentage assessed for the latest part of that period is less than 14 per cent.; and

(b)in any such case that sub-paragraph shall apply only in relation to that part of that period (and subject to sub-paragraph (3) above)..

(2) In paragraph 5 of that Schedule, in paragraph (a) of the proviso (degree of particularity in assessment of extent and period of disablement)—

(a)for “section 57” substitute “sections 57 and 59A”; and

(b)at the end add “and reduced earnings allowance (whether or not a claim has been made)”.

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