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.