Part V

Benefit for Industrial Injuries

General provisions

Accidents in course of illegal employments.
97
1
Subsection (2) below has effect in any case where—
a
a claim is made for industrial injuries benefit in respect of an accident, or of a prescribed disease or injury; or
b
an application is made under Article 29 of the Social Security (Northern Ireland) Order 1998 for a declaration that an accident was an industrial accident, or for a corresponding declaration as to a prescribed disease or injury.
2
The Department may direct that the relevant employment shall, in relation to that accident, disease or injury, be treated as having been employed earner’s employment notwithstanding that by reason of a contravention of, or non-compliance with, some provision contained in or having effect under an enactment passed for the protection of employed persons or any class of employed persons, either—
a
the contract purporting to govern the employment was void; or
b
the employed person was not lawfully employed in the relevant employment at the time when, or in the place where, the accident happened or the disease or injury was contracted or received.
3
In subsection (2) above “relevant employment” means—
a
in relation to an accident, the employment out of and in the course of which the accident arises; and
b
in relation to a prescribed disease or injury, the employment to the nature of which the disease or injury is due.
Pt. 5 (ss. 94-111): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a)
Words in s. 97(1)(b) substituted (5.7.1999 for specified purposes and otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1, 78(1), Sch. 6 para. 46; S.R. 1999/310, art. 2(1)(b), Sch. 1