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Social Security Benefit (Persons Abroad) Amendment Regulations 1982

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Statutory Instruments

1982 No. 388

SOCIAL SECURITY

Social Security Benefit (Persons Abroad) Amendment Regulations 1982

Made

16th March 1982

Laid before Parliament

24th March 1982

Coming into Operation

14th April 1982

The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 131 of the Social Security Act 1975 and of all other powers enabling him in that behalf, after agreement with the Industrial Injuries Advisory Council that proposals to make these regulations should not be referred to it, hereby makes the following regulations:—

Citation, commencement and interpretation

1.  These regulations, which may be cited as the Social Security Benefit (Persons Abroad) Amendment Regulations 1982, shall come into operation on 14th April 1982; and in these regulations “the principal regulations” means the Social Security Benefit (Persons Abroad) Regulations 1975(1).

Amendment of regulation 10C of the principal regulations

2.  In regulation 10C of the principal regulations (modification of Parts II and III of the Act in relation to accidents happening or prescribed diseases contracted outside Great Britain) after paragraph (2) there shall be inserted the following paragraph:—

(2A) Where a person sustains an accident or contracts a prescribed disease while outside Great Britain in circumstances to which paragraph (2)(a) applies and the employment of that person would, but for the employment being outside Great Britain, have been employed earner's employment, that employment shall for the purposes of Chapter IV or V of Part II of the Act (benefit for industrial injuries and diseases) be treated as employed earner's employment if:—

(a)that person is ordinarily resident in Great Britain and immediately before the commencement of the employment was resident therein, and

(b)the employer of that person has a place of business in Great Britain.

Norman Fowler

Secretary of State for Social Services

16th March 1982

EXPLANATORY NOTE

These Regulations amend the Social Security Benefit (Persons Abroad) Regulations 1975 (the principal regulations).

They add a new paragraph to regulation 10C of the principal regulations (modifications of Parts II and III of the Social Security Act 1975 in relation to accidents happening or prescribed diseases contracted outside Great Britain in the continental shelf areas of Norway or of a Member State of the Community) which prescribes the circumstances in which employment outside Great Britain shall be treated as employed earner's employment for the purposes of entitlement to industrial injuries benefit under the Social Security Act 1975. In particular the regulations enable such treatment to be made in industrial injuries cases for a period after the period of 52 weeks currently prescribed in regulation 120 of the Social Security (Contributions) Regulations 1979 (S.I. 1979/591).

(1)

the relevant amending instrument is S.I. 1979/463.

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