The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2000

Transitional provision

3.—(1) The amendments made by regulation 2(3) and (4) of these Regulations shall not apply in relation to a claim made within 3 months after the commencement date and the amendments made by regulation 2(2)(b), (5) and (6) of these Regulations shall not apply where the date of onset of the relevant disease is prior to the commencement date and the claim is made within 3 months after that date.

(2) The amendments made by regulation 2(2)(b) and (6) of these Regulations shall not apply in the case of a person—

(a) who had an assessment of disablement in respect of the relevant disease for a period up to the date 3 months after the commencement date; or

(b) in respect of whom a decision in relation to a relevant disease on a claim for disablement benefit made before or within 3 months after the commencement date is revised or superseded after that date under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998(1) resulting in an assessment,

during any period when there is in respect of him a continuous assessment of disablement in respect of that disease, and for this purpose two or more assessments, one of which begins on the day following the end of a preceding assessment, shall be treated as continuous.

(3) The amendments made by regulation 2(2)(b) and (6)(a) and (b) of these Regulations shall not apply in the case of a person—

(a) who had an assessment of disablement in respect of the relevant disease for a period which ended before or within 3 months after the commencement date;

(b) who suffers a further attack of that relevant disease before or within 3 months after the commencement date;

(c) who makes a claim for disablement benefit in respect of that disease after the commencement date; and

(d) in respect of whom it is decided under regulation 7 of the principal Regulations(2) (recrudescence) that the further attack is a recrudescence of that disease.

(4) In this regulation—

“commencement date” means the date on which these Regulations come into operation;

“relevant disease” means the disease referred to in the amendment, or the regulation of the principal Regulations which is amended by the amendment.

(1)

S.I. 1998/1506 (N.I. 10); Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(2)

Regulation 7 was amended by regulation 3 of S.R. 1989 No. 319, regulation 5 of S.R. 1993 No. 148 and regulation 5 of S.R. 1993 No. 350