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Prescription of diseases and injuries

Social Security (Benefit) Regulations, reg. 58 · Revised Edition 2020

(1) Each disease or injury set out in column 1 of the Third Schedule is prescribed in relation to all persons who have been employed on or after the appointed day in insurable employment in any occupation set out against such disease or injury in column (2) of the said Schedule. (2) Where a person develops a disease or dies as a result of a disease which is prescribed in relation to him in column (1) of the Third Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his employment if that employment was in any occupation set out against that disease in column (2) of the same Schedule and he was so employed on, or at any time within one year immediately preceding the date on which, under the provisions of Regulation 59 he is treated as having developed the disease: Provided that this paragraph shall not apply to the diseases numbered 6, 12 and 14 respectively, in the said Schedule. (3) Where a person in relation to whom tuberculosis is prescribed in paragraph 12 of the Third Schedule develops that disease, the disease shall, unless the contrary is proved, be presumed to be due to the nature of his employment if the date on which, under Regulation 59, he is treated as having developed the disease – (a) is not less than six weeks after the date on which he was first employed in any occupation set out against the disease in column (2) of the said Schedule; and Third Schedule (b) is not more than two years after the date on which he was last so employed in insurable employment. 100 Social Security (4) In relation to provisions in these Regulations relating to prescribed diseases, references in this Part to accidents resulting in personal injuries shall be construed as references to prescribed diseases and reference to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease. (5) In this and subsequent Regulations any reference to a disease includes a reference to an injury prescribed in the Third Schedule.
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