The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

PART VI TRANSITIONAL PROVISIONS AND REVOCATION

Transitional provisions regarding relevant dates

43.—(1) Subject to paragraph (2) the “ relevant date” , in relation to each disease set out in the first column of Schedule 4 hereto, is the date set against that disease in the second column of that Schedule.

(2) Where a disease set out in the first column of Schedule 4 hereto was prescribed in relation to any person by regulations which came into operation on a date earlier than the date set against that disease in the second column of that Schedule, the “relevant date” in relation to such disease is such earlier date on which the disease was prescribed in relation to the person in question.

(3) It shall be a condition of a person's right to benefit in respect of any disease set out in Schedule 4 that he was—

(a) incapable of work, or

(b) suffering from a loss of faculty,

as a result of that disease on or after the relevant date.

(4) The “relevant date” in relation to byssinosis—

(a) in the case of a person employed in an occupation involving work in any room in which the weaving of cotton or flax or any other process which takes place between, or at the same time as, the winding or beaming and weaving of cotton or flax is carried on in a factory in which any or all of those processes are carried on is 3rd October 1983;

(b) in any other case, is 6th April 1979 except that where the disease was prescribed in relation to any person by regulations which came into operation on a date earlier than 6th April 1979 the relevant date is that earlier date.

(5) Byssinosis is not prescribed in relation to any person if neither of the following conditions is satisfied, namely:—

(a) that he was suffering from a loss of faculty as a result of byssinosis on or after the relevant date;

(b) that he has been employed in employed earner's employment in any occupation mentioned in regulation 2(c) of the old regulations for a period or periods (whether before or after 5th July 1948) amounting in the aggregate to 5 years.

(6) Notwithstanding that a person does not satisfy paragraph (3) infection by leptospira is prescribed in relation to any person if he is or has been either incapable of work or suffering from a loss of faculty as a result of infection by—

(a) leptospira icterohaemorrhagiae in the case of a person employed in employed earner's employment before 7th January 1980 in any occupation involving work in places which are, or are liable to be, infested by rats, or

(b) leptospira canicola in the case of a person so employed in any occupation involving work at dog kennels or the care or handling of dogs.

(7) A person who, immediately before 3rd October 1983, was in receipt of benefit in respect of a disease or injury which was prescribed by virtue of the old regulations, or who makes a claim for benefit in respect of a prescribed disease after 2nd October 1983 where the date of onset of the disease or injury was before 3rd October 1983, shall be treated for the purpose only of determining whether the disease or injury is in relation to him a prescribed disease by virtue of the occupation in which he is or was engaged as if the old regulations were still in force and these regulations had not come into operation, if that would be more favourable to him.

Transitional provisions regarding dates of development and dates of onset

44.  Where a claim for benefit has been made before 6th April 1983 or a date of onset is determined which is before 6th April 1983 or a claim for injury benefit is made after 5th April 1983 for a day falling or a period beginning before 6th April 1983, these regulations shall take effect subject to the provisions of Schedule 5.

Revocation

45.  The regulations specified in Schedule 6 hereto are hereby revoked to the extent mentioned in the third column of that Schedule.