Conditions of entitlement.
2
1
In the case of a person who is disabled by a disease to which this Act applies, the conditions of entitlement are—
a
that disablement benefit is payable to him in respect of the disease;
b
that every relevant employer of his has ceased to carry on business; and
c
that he has not brought any action, or compromised any claim, for damages in respect of the disablement.
2
In the case of the dependant of a person who, immediately before he died, was disabled by a disease to which this Act applies, the conditions of entitlement are—
a
that no payment under this Act has been made to the deceased in respect of the disease;
b
that death benefit is payable to or in respect of the dependant by reason of the deceased’s death as a result of the disease, or that disablement benefit was payable to the deceased in respect of the disease immediately before he died;
c
that every relevant employer of the deceased has ceased to carry on business; and
d
that neither the deceased nor his personal representatives nor any relative of his has brought any action, or compromised any claim, for damages in respect of the disablement or death.
3
In this section—
- “ death benefit ” means industrial death benefit under section 76 of the Social Security Act 1975, or death benefit under a scheme made, or having effect as if made, under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975;
- “ disablement benefit ” means disablement benefit under section 76 of the Social Security Act 1975 or under any corresponding provision of the former Industrial Injuries Acts, or an allowance under a scheme made, or having effect as if made, under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 or under any corresponding provision of the former Old Cases Acts;
- “ the former Industrial Injuries Acts ” means the National Insurance (Industrial Injuries) Act 1946 and the National Insurance (Industrial Injuries) Act 1965;
- “ the former Old Cases Acts ” means the Pneumoconiosis and Byssinosis Benefit Act 1951 and the Industrial Injuries and Diseases (Old Cases) Act 1967;
- “ relevant employer ”, in relation to a person disabled by a disease to which this Act applies, means any person by whom he was employed at any time during the period during which he was developing the disease and against whom he might have or might have had a claim for damages in respect of the disablement.
4
For the purposes of this section any action which has been dismissed otherwise than on the merits (as for example for want of prosecution or under any enactment relating to the limitation of actions) shall be disregarded.
1975 c. 14.
1975 c. 16.
1946 c. 62.
1965 c. 52.
1951 c. 4.
1967 c. 34.