Social Security Contributions and Benefits (Northern Ireland) Act 1992

94 Right to industrial injuries benefit. N.I.

(1) Industrial injuries benefit shall be payable where an employed earner suffers personal injury caused F1 ... by accident arising out of and in the course of his employment, being employed earner’s employment.

(2) Industrial injuries benefit consists of the following benefits—

(a) disablement benefit payable in accordance with sections 103 to 105 below, paragraphs 2 and 3 of Schedule 7 to this Act and Parts II and III of that Schedule;

(b) reduced earnings allowance payable in accordance with Part IV of that Schedule;

(c) retirement allowance payable in accordance with Part V of that Schedule; and

(d) industrial death benefit, payable in accordance with Part VI of that Schedule.

(3) For the purposes of industrial injuries benefit an accident arising in the course of an employed earner’s employment shall be taken, in the absence of evidence to the contrary, also to have arisen out of that employment.

(4) Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.

(5) Subject to sections 117 and 119 below, industrial injuries benefit shall not be payable in respect of an accident happening while the earner is outside Northern Ireland.

(6) In the following provisions of this Part of this Act “work” in the contexts “incapable of work” and “incapacity for work” means work which the person in question can be reasonably expected to do.

(7) Subsection (5) above shall cease to have effect on such day as the Head of the Department may by order appoint.

Textual Amendments

F1 Words in s. 94(1) repealed (31.10.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 70(1)(a); S.R. 2016/234, art. 3(2)(a)

Modifications etc. (not altering text)

C1 S. 94(2)(a) applied (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 167(1).