Prospective
CHAPTER 1SELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK
1SThe regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual's eligibility depends on the individual—
(a)having suffered a relevant personal injury caused by an accident arising out of and in the course of the individual's employment, or
(b)developing a relevant disease, or suffering a relevant personal injury, due to the nature of the individual's employment.
2(1)The regulations may be framed so that, despite the criterion described in paragraph 1 not being fulfilled, an individual may nevertheless be eligible.S
(2)Where the regulations allow an individual to be eligible despite the criterion described in paragraph 1 not being fulfilled, they must be framed so that the individual's eligibility depends on the individual having, or having had, a relationship of a kind specified in the regulations to an individual who suffered a personal injury, or developed a disease, in the circumstances mentioned in paragraph 1.
3(1)The regulations are to define the following terms for the purpose of determining entitlement to employment-injury assistance—S
(a)employment,
(b)relevant personal injury,
(c)relevant disease.
(2)The regulations may not define “employment” so as to include employment, or training for employment, that is not “relevant employment” as defined in the interpretation provision of Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.
(3)The regulations may define “relevant personal injury” and “relevant disease” by reference to the circumstances in which an injury is suffered or a disease is developed as well as by reference to its kind and severity.