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6. (1) Subject to paragraphs (2) and (3), where, for a reason which relates to the disabled person’s disability, a provider of services treats a disabled person less favourably than he treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of section 20 of the 1995 Act if the treatment is in connection with insurance business carried on by the provider of services and relates to a cover document which incepted before 2nd December 1997 and which was not due to be renewed, or the terms of which document were not due to be reviewed, before 4th December 2006.
(2) Paragraph (1) does not apply in a case where—
(a)the relevant master policy was entered into or renewed on or after 2nd December 1996; or
(b)the terms of the relevant master policy were reviewed on or after 2nd December 1996,
and for this purpose “the relevant master policy” means the master policy under which the cover document was issued.
(3) Where a cover document is due to be renewed, or the terms of such a document are due to be reviewed, on or after 4th December 2006, any less favourable treatment which occurs on or after the date that the review or renewal is due shall not be taken to be justified under paragraph (1).
(4) In this regulation—
“cover document” means a certificate or policy issued under a master policy;
“master policy” means a contract between an insurer and another person under which that person is entitled to issue certificates or policies to individuals, and which details the terms on which that person may do so.
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