Section 75 Death of person with constant attendance allowance
If a person dies at a time when—
he is entitled to an increase under section 61 above of a disablement pension and the amount of the increase is not less than the amount which at that time is specified in Schedule 4, Part V, paragraph 7(a); or
he would have been so entitled but for having received medical or other treatment as an in-patient in a hospital or similar institution,
he is to be regarded for the purposes of entitlement to industrial death benefit as having died as a result of the injury in respect of which the disablement pension was payable.
The reference in subsection (1) above to an increase under section 61 includes only a payment by way of increase of a disablement pension, and in particular does not include any payment for constant attendance under section 159(3)(W below (payments for pre-1948 cases).
Subsection (1) above does not affect death benefit where the death occurred before 26th July 1971.