Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1979

JurisdictionUK Non-devolved

1979 No. 727

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1979

26thJune 1979

3rdJuly 1979

4thJuly 1979

The Secretary of State in exercise of the power conferred on him by sections 4, 5 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(a) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1979 and shall come into operation on 4th July 1979.

(2) In these Regulations "the Act" means the Pneumoconiosis etc. (Workers' Compensation) Act 1979.

(3) Any reference in these Regulations to a numbered Regulation shall be construed as a reference to the Regulation bearing that number in these Regulations.

Manner of making claims

2. Any claim made under the provisions of the Act, by a person who is disabled by a disease to which the Act applies or by the dependant of a person who, immediately before he died, was disabled by a disease to which the Act applies, shall be made in writing, signed by or on behalf of the person making the claim, in such form, provided by the Secretary of State, as he may determine.

Time for making claims

3.—(1) In the case of a person disabled by a disease to which the Act applies no claim shall be considered for payment by the Secretary of State unless it is made within the period of 12 months from the date on which disablement benefit first became payable to that person or, if such benefit first became payable before the Act came into force, before 4th July 1980.

(2) In the case of a dependant of a person who immediately before he died was disabled by a disease to which the Act applies no claim shall be considered for payment by the Secretary of State unless it is made within the period of 12 months from the date of the deceased's death or, if such death occurred before the Act came into force, before 4th July 1980.

(a) 1979 c. 41.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this Regulation the Secretary of State may extend the period for making any claims referred to in the said paragraphs for such further period as he considers appropriate, having regard to the circumstances of any particular case.

Particulars to be supplied as respects claims

4. As respects any claim made under the provisions of the Act the...

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