The Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989

Statutory Instruments

1989 No. 1824

SOCIAL SECURITY

The Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989

Made

4th October 1989

Laid before Parliament

11th October 1989

Coming into force

1st November 1989

The Secretary of State for Social Security, in exercise of powers conferred by sections 84(1) and 89(1) and (1A) of the Social Security Act 1986(1), and of all other powers enabling him in that behalf, after reference to the Industrial Injuries Advisory Council(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989 and shall come into force on 1st November 1989.

(2) In these Regulations, “the Miscellaneous Provisions Regulations 1986” means the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986(3).

Amendment of the Miscellaneous Provisions Regulations 1986

2.—(1) Regulation 7 of the Miscellaneous Provisions Regulations (savings in relation to the Social Security (General Benefit) Regulations 1982(4)) shall be modified by

(a) in paragraph (5), substituting for the words “section 59A of that Act”, the words “section 59A of that Act, or in a case to which section 59B of the 1975 Act applies(5) (ending of entitlement to reduced earnings allowance) to retirement allowance payable under that section; and for the purposes of this provision the reference to retirement allowance includes a reference to a retirement allowance which would have been payable but for any failure to satisfy the requirement in subsection (2) of section 59B as to the weekly rate or aggregate weekly rate of reduced earnings allowance payable.”; and

(b) in paragraph (6)(b) inserting after the words “section 59A” the words “or, as the case may be, section 59B”.

(2) Regulation 13 of the Miscellaneous Provisions Regulations 1986 shall cease to have effect.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

4th October 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st November 1989, amend the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 (“the 1986 Regulations”).

Regulation 2 amends the 1986 Regulations so as to enable awards of disablement gratuity to be payable as a disablement pension whilst retirement allowance is in payment.

Regulation 2 further provides that regulation 13 of the 1986 Regulations (which relates to claims made after 1st October 1986 in relation to accidents which occurred before, or to diseases where the date of onset was before 1st October 1986) shall cease to have effect.

(1)

1986 c. 50; section 89(1A) was inserted by the Social Security Act 1989 (c. 24), section 32(1), Schedule 8, paragraph 10(2). See in section 84(1) the definitions of “Prescribed” and “Regulations”.

(2)

See section 141 of the Social Security Act 1975 (c. 14).

(3)

S.I. 1986/1561.

(4)

S.I. 1982/1408.

(5)

Section 59B was inserted by section 2(1) of the Social Security Act 1988 (c. 7).