Recrudescence of prescribed diseases

(1) If a person after having been awarded benefit in respect of a prescribed disease recovers wholly or partially from the attack of the disease, and thereafter suffers from another attack of the same disease, or dies as a result thereof, then– (a) if the further attack commences or the death occurs during an injury benefit period or during a period taken into account by an assessment of disablement relating to such a previous award (either of which periods is hereafter in this Regulation referred to as a “relevant period”), the disease shall be treated as a recrudescence of the attack to which the relevant period relates, unless it is otherwise determined in the manner referred to in the following sub-paragraph; (b) if the further attack commences or the death occurs otherwise than during a relevant period, or if it is determined in the manner provided under the Regulations that the disease was in fact contracted afresh, it shall be treated as having been so contracted. 102 Social Security (2) For the purpose of the foregoing paragraph, a further attack of a prescribed disease shall be deemed to have commenced on the date which would be treated as the date of development under the provisions of Regulation 59 if no previous claim had been made in respect of that disease. (3) Where, under the foregoing provisions of this Regulation, a disease is treated as having been contracted afresh, the provisions of Regulation 59 shall be applied as though no previous claim had been made in respect of that disease and the date of development shall be determined accordingly. (4) Where, under the provisions aforesaid, a disease is treated as a recrudescence during a period taken into account by a previous assessment of disablement, any assessment of disablement in respect of the recrudescence shall be by way of review of such previous assessment, and such review shall be subject to the provisions of the Determination of Claims and Questions Regulations relating to the review of a previous assessment of disablement. Miscellaneous