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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 27 Recrudescence

(1) Where an insured person has been awarded benefit under section 87 in respect of a prescribed disease other than pneumoconiosis, byssinosis, occupational asthma or occupational deafness and has recovered wholly or partially and thereafter suffers a further attack of the same disease, or dies as a result of such attack -

(a) where the further attack of the disease 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 period is referred to as a "relevant period") it shall be treated as a recrudescence of the attack to which the relevant period relates except where, having regard to the particular circumstances relating to the further attack it is found that the disease was contracted or received afresh, in which case it shall be then so treated,

(b) where the further attack of the disease commences or the death occurs on a date outside a relevant period, it shall be treated as having been contracted or received afresh, and

(c) for the purposes of this sub-article, the date on which the further attack of the disease commenced shall be the date deemed to be the date of development under the provision of article 26 applied as though no previous claim had been made in respect of the disease.