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The Social Security Benefit (Persons Abroad) Amendment Regulations 1979

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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(1) 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.

(1)

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

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