Social Security Contributions and Benefits (Northern Ireland) Act 1992

Part III Interpretation

5 (1) In this Schedule, except where the context otherwise requires—

• “corresponding disablement pension rate” means the weekly rate for the time being of a disablement pension in respect of an assessment of 100 per cent.;

• “injury pension” includes any pension or similar benefit payable in respect of a person’s employment or former employment, being a pension or benefit which would not be payable or would be payable at a less rate but for an injury or disease referable to that employment;

• “the regulations” has the meaning given by paragraph 2(1) above;

• “the Supplementation Act” means the [1966 c. 14 (N.I.).] Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966;

• “workmen’s compensation” means compensation under any of the Workmen’s Compensation Acts or under any contracting-out scheme duly certified under any of those Acts;

• “the Workmen’s Compensation Acts” means the [1927 c. 16 (N.I.).] Workmen’s Compensation Acts (Northern Ireland) 1927 to 1943, or the enactments repealed by the Workmen’s Compensation Act (Northern Ireland) 1927 or the enactments repealed by the [1906 c. 58.] Workmen’s Compensation Act 1906 .

(2) For the purposes of this Schedule—

(a) a period shall be treated as considerable if it lasts or can be expected to last for not less than 13 weeks;

(b) a person may be treated as being, as the result of an injury or disease or as the joint result of two or more injuries or diseases, totally incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the injury or disease or, as the case may be, from the injuries or diseases taken together is not such as to prevent him from being capable of work, if it is likely to prevent his earnings (including any remuneration or profit derived from a gainful occupation) exceeding in a year such amount as is for the time being prescribed for purposes of unemployability supplement.

(3) For the purposes of paragraph 4 above, paragraph 4 of Schedule 3 to the 1986 Order and paragraph 1 of Schedule 7 to this Act shall be deemed not to have been enacted.