Regulation 43 Construction of Section A

(1)

Regulation 34 applies for the construction of this Section as it applies for the construction of Section E of Part III.

(2)

Except as provided in this Section, any reference in Part II of the Administration Act or in these Regulations to the relevant accident shall be construed as a reference to the relevant disease and any reference to the date of the relevant accident shall be construed as a reference to the date of onset of the relevant disease.

(3)

In the following provisions of this Section any question arising in connection with a claim for, or award of, disablement benefit—

(a)

whether any person is suffering or has suffered from a prescribed disease, is referred to as a diagnosis question;

(b)

whether a prescribed disease has, in fact, been contracted afresh in a case where that question arises under the provisions of regulation 7 or 8 of the Prescribed Diseases Regulations^f1 is referred to as a recrudescence question.

Annotations

Footnotes

f1: Relevant amending regulations are S.R. 1989 No. 319 and S.R. 1993 Nos. 148 and 350