Regulation 7 Transitional provision

(1)

The amendments made by regulations 3 and 4 shall not apply in relation to a claim made within 3 months after the commencement date and the amendments made by regulations 2(3), 5 and 6 shall not apply where the date of onset of the relevant disease is prior to the commencement date and the claim is made within 3 months after that date.

(2)

The amendments made by regulations 2(3) and 6 shall not apply in the case of a person—

(a)

who had an assessment of disablement in respect of the relevant disease for a period up to the date 3 months after the commencement date; or

(b)

in respect of whom a decision in relation to a relevant disease on a claim for disablement benefit made before or within 3 months after the commencement date is revised or superseded after that date under section 9 or 10 of the Social Security Act 1998^f1 resulting in an assessment;

during any period when there is in respect of him a continuous assessment of disablement in respect of that disease, and for this purpose two or more assessments, one of which begins on the day following the end of a preceding assessment, shall be treated as continuous.

(3)

The amendments made by regulations 2(3) and 6(2) and (3) shall not apply in the case of a person—

(a)

who had an assessment of disablement in respect of the relevant disease for a period which ended before or within 3 months after the commencement date;

(b)

who suffers a further attack of that relevant disease before or within 3 months after the commencement date;

(c)

who makes a claim for disablement benefit in respect of that disease after the commencement date; and

(d)

in respect of whom it is decided under regulation 7 of the principal Regulations (recrudescence) that the further attack is a recrudescence of that disease.

(4)

In this regulation—

“commencement date” means the date on which these Regulations come into force; and
“relevant disease” means the disease referred to in the amendment, or the regulation of the principal Regulations which is amended by the amendment.

Annotations

Footnotes

f1: 1998 c. 14. Section 10 was amended by paragraph 23 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).