Statutory Instruments

1979 No. 463

SOCIAL SECURITY

The Social Security Benefit (Persons Abroad) Amendment Regulations 1979

Made

10th April 1979

To be laid before Parliament

9th May 1979

Coming into Operation

17th April 1979

The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 131 of the Social Security Act 1975 and of all other powers enabling him in that behalf, without having referred any proposals to the Industrial Injuries Advisory Council since it appears to him that by reason of urgency it is inexpedient to do so(1), hereby makes the following regulations:—

Citation, commencement and interpretation

1. These regulations, which may be cited as the Social Security Benefit (Persons Abroad) Amendment Regulations 1979, shall come into operation on 17th April 1979; and in these regulations “the principal regulations” means the Social Security Benefit (Persons Abroad) Regulations 1975(2).

Amendment of the principal regulations

2. After regulation 10B of the principal regulations there shall be inserted the following regulation:—

““Modification of Parts II and III of the Act in relation to accidents happening or prescribed diseases contracted outside Great Britain

10C.—(1) In this regulation—

`prescribed area' means an area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State;

`prescribed disease' means a disease or injury prescribed for the purposes of Chapter V of Part II of the Act; and

`prescribed employment' means employment in a prescribed area in connection with the exploration of the seabed and subsoil and the exploitation of the natural resources of that area, or prescribed employment as defined in regulation 11 of these regulations (modification of the Act in relation to the United Kingdom continental shelf).

(2) Where on or after 30th November 1964 a person sustains or has sustained an accident or contracts or has contracted a prescribed disease while outside Great Britain, for the purposes of Chapter IV or V of Part II of the Act (benefit for industrial injuries and diseases) section 50(5) of the Act or regulation 14 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1975(3) shall not operate to make benefit not payable in respect of that accident or prescribed disease if that person—

(a)in connection with prescribed employment has sustained the accident or contracted the prescribed disease in a prescribed area, or while travelling between one prescribed area and another, or while travelling between a designated area (as defined in regulation 11 of these regulations) and a prescribed area, or while travelling between Norway or a member State (including the United Kingdom) and a prescribed area; or

(b)has sustained the accident or contracted the prescribed disease while in the territory of a member State (other than the United Kingdom).

(3) Where, before the date on which this regulation comes into operation, a decision has been given disallowing a claim for industrial injuries benefit in respect of an accident sustained or a prescribed disease contracted on or after 30th November 1964, then notwithstanding the provisions of section 107(6)(b) of the Act (decision that an accident not an industrial accident not reviewable) that decision may be reviewed by an insurance officer under section 104(1)(b) of the Act (review on ground of relevant change of circumstances) if he is satisfied that had paragraphs (1) and (2) of this regulation been in force when that decision was given those paragraphs would have applied, but a decision on review under this paragraph shall not make industrial injuries benefit payable for any period before the date on which this regulation comes into operation.

(4) Paragraph (3) of this regulation shall apply to a decision refusing a declaration that an accident was an industrial accident as it applies to a decision disallowing a claim for industrial injuries benefit.”

David Ennals

Secretary of State for Social Services

10th April 1979

EXPLANATORY NOTE

These Regulations further amend the Social Security Benefit (Persons Abroad) Regulations 1975.

The Regulations modify the restrictions relating to entitlement to industrial injuries benefit under the Social Security Act 1975 in the case of employed earners under that Act who—

(a)in connection with employment related to the exploitation of the natural resources of the continental shelf areas of the State of Norway or of a Member State of the European Economic Community, have suffered accidents or contracted prescribed diseases in such areas, or while travelling between such areas, or between such areas and one of those States; or

(b)have suffered accidents or contracted prescribed diseases in the territory of a Member State of that Community.

The restrictions are modified in relation to accidents happening or prescribed diseases contracted on or after 30th November 1964 (the date on which the National Insurance (Industrial Injuries) (Continental Shelf) Regulations 1964 No. 1856 came into operation) but not so as to make industrial injuries benefit payable for any period before 17th April 1979 (the date on which these Regulations come into operation).

(1)

See section 141(2) of the Social Security Act 1975.

(2)

To which there are amendments not directly relevant to these Regulations.

(3)

To which there are amendments not directly relevant to these Regulations.