SCHEDULES

SCHEDULE 3Protected Occupiers in their own right

PART IDefinitions

Incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease

2

1

A person is, for the purposes of this Act, incapable of whole-time work in agriculture in consequence of a qualifying injury or disease if—

a

he is incapable of such work in consequence of—

i

an injury or disease prescribed in relation to him, by reason of his employment in agriculture, under section 76(2) of the [1975 c. 14.] Social Security Act 1975, or

ii

an injury caused by an accident arising out of and in the course of his employment in agriculture, and

b

at the time when he became so incapable, he was employed in agriculture as a whole-time worker.

2

A person is, for the purposes of this Act, incapable of work in agriculture as a permit worker in consequence of a qualifying injury or disease if—

a

he is incapable of such work in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and

b

at the time when he became so incapable, he was employed in agriculture as a permit worker.

3

Where—

a

a person has died in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and

b

immediately before his death, he was employed in agriculture as a whole-time worker, or as a permit worker,

he shall be regarded for the purposes of this Act as having been, immediately before his death, incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.