The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 1993

Transitional provision with respect to claims for prescribed disease D12

9.—(1) In this regulation—

“prescribed disease D12” means the disease bearing that number and listed in Part I of Schedule 1 to the principal Regulations(1) (chronic bronchitis and emphysema);

“relevant claim” means a claim for benefit in respect of prescribed disease D12; and

“relevant date” means 13th September 1993 or the date upon which the claimant in question first satisfies the conditions specified in Schedule 1 to the principal Regulations in respect of prescribed disease D12, whichever is the later.

(2) The provisions of the Social Security (Claims and Payments) Regulations 1987(2) shall apply in relation to a relevant claim subject to the following provisions of this regulation.

(3) A person who is aged not less than 70 on 13th September 1993 may make a relevant claim at any time in the period beginning with 13th September 1993 and ending with 28th February 1994, and if so made the claim shall be treated as having been made on the relevant date.

(4) A person who is aged less than 70 on 13th September 1993 and who, on the date the claim is made, has an award of attendance allowance at the higher rate under section 65(3) of the Social Security Contributions and Benefits Act 1992(3) or of the care component of disability living allowance at the highest rate under section 72(4) of that Act, may make a relevant claim at any time in the period beginning with 13th September 1993 and ending with 28th February 1994, and if so made the claim shall be treated as having been made on the relevant date.

(5) A person who does not fall within either of paragraphs (3) and (4) above may not make a relevant claim before 1st March 1994, but if such a person, or a person falling within paragraph (4) above who has not previously made a relevant claim, makes a relevant claim in the period beginning with that day and ending with 31st August 1994 that claim shall be treated as having been made on the relevant date.

(1)

S.I. 1985/967.

(2)

S.I. 1987/1968.

(3)

1992 c. 4.