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

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Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

6.—(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 shall be amended in accordance with the following provisions of this regulation.

(2) For regulation 17 there shall be substituted the following regulation:—

““Special provisions as to determination of regular occupation in relation to persons claiming reduced earnings allowance

17.  Where a person who has been assessed as at least one per cent. disabled in respect of a prescribed disease establishes that he has abandoned any occupation as a result of the relevant disease at any time after having been employed in employed earner's employment in any occupation prescribed for that disease but before the first day in respect of which he was so assessed, then for the purpose of determining his right to, or the rate of, reduced earnings allowance under Section 59A, any occupation he has so abandoned may be treated as his regular occupation for the purposes of that section.”.

(3) In regulation 23, for the words preceding “and for that purpose only” there shall be substituted the words—

““Reduced earnings allowance—special provision for pneumoconiosis cases

23.  Where a beneficiary in receipt of a disablement pension in respect of pneumoconiosis receives advice from a special medical board that in consequence of the disease he should not follow his regular occupation unless he complies with certain special restrictions as to the place, duration or circumstances of his work, or otherwise, then for the purpose of determining whether he fulfils the conditions laid down in section 59A (reduced earnings allowance)”.

(4) In regulation 34(6), after the words “disablement benefit” there shall be inserted the words “or reduced earnings allowance”.

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