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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 12 March 2007 - onwards
Version 2 of 2

Regulation 26 Date of development

(1)

(a) Subject to paragraph (b), for the purposes of the first claim in respect of a prescribed disease suffered by an insured person, the date of development shall be determined in accordance with this article and, save as provided in article 27, that date shall be treated as the date of development for the purposes of any subsequent claim in respect of the same disease suffered by the same person.

(b) Where, on the consideration of a claim referred to in paragraph (a), an award of benefit is not made, any date of development determined for the purposes of that claim shall be disregarded for the purposes of any subsequent claim.

(2) Where a claim for the purposes of which the date of development is to be determined is -

(a) a claim for injury benefit, the date of development shall be either the first day on or after 1 May 1967 on which the claimant was incapable of work as a result of the disease or, where applicable, the date from which benefit is payable, or

(b) a claim for disablement benefit, the date of development shall be either the day on or after 1 May 1967 on which the claimant first suffered from the relevant loss of faculty or, where applicable, the date from which benefit is payable, or

(c) a claim for death benefit, the date of development shall be the date of death.