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Social Security Contributions and Benefits Act 1992

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This is the original version (as it was originally enacted).

94Right to industrial injuries benefit

(1)Industrial injuries benefit shall be payable where an employed earner suffers personal injury caused after 4th July 1948 by accident arising out of and in the course of his employment, being employed earner’s employment.

(2)Industrial injuries benefit consists of the following benefits—

(a)disablement benefit payable in accordance with sections 103 to 105 below, paragraphs 2 and 3 of Schedule 7 below and Parts II and III of that Schedule;

(b)reduced earnings allowance payable in accordance with Part IV;

(c)retirement allowance payable in accordance with Part V; and

(d)industrial death benefit, payable in accordance with Part VI.

(3)For the purposes of industrial injuries benefit an accident arising in the course of an employed earner’s employment shall be taken, in the absence of evidence to the contrary, also to have arisen out of that employment.

(4)Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.

(5)Subject to sections 117, 119 and 120 below, industrial injuries benefit shall not be payable in respect of an accident happening while the earner is outside Great Britain.

(6)In the following provisions of this Part of this Act “work” in the contexts “incapable of work” and “incapacity for work” means work which the person in question can be reasonably expected to do.

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