SCHEDULES

SCHEDULE 7Industrial Injuries Benefits

Part VIIndustrial Death Benefit

Death of person with constant attendance allowance

20

1

If a person dies at a time when—

a

he is entitled to an increase under section 104 above of a disablement pension and the amount of the increase is not less than the amount which at that time is specified in Schedule 4, Part V, paragraph 2(a); or

b

he would have been so entitled but for having received medical or other treatment as an in-patient in a hospital or similar institution,

he is to be regarded for the purposes of entitlement to industrial death benefit as having died as a result of the injury in respect of which the disablement pension was payable.

2

The reference in sub-paragraph (1) above to an increase under section 104 above includes only a payment by way of increase of a disablement pension, and in particular does not include any payment for constant attendance under paragraph 4(2)(b) of Schedule 8 to this Act.

3

Sub-paragraph (1) above does not affect death benefit where the death occurred before 26th July 1971.