The Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986

Delayed claims

13.—(1) Where a relevant accident occurred before, or the date of onset of a disease prescribed in accordance with Part II of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 was before, 1st October 1986 and

(a) the claimant delays making a claim for disablement benefit until on or after that date, and

(b) the degree of his disablement is assessed at less than 14 per cent., and

(c) he proves that throughout a period commencing on a date before 1st October 1986 and ending with the date of claim—

(i) he was incapable of making an earlier claim or,

(ii) he had good cause for delaying making such a claim because of advice provided by the Department of Health and Social Security.

then the claim shall be determined as though it had been made on 30th September 1986.

(2) In cases to which paragraph (1) applies a claimant to whom a disablement gratuity is awarded shall not be entitled to receive a pension in lieu of that gratuity under regulation 18(2) of the Social Security (General Benefit) Regulations 1982.