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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 47 Occupational deafness - further claim

Where a claimant for disablement benefit in respect of occupational deafness is found not to satisfy the minimum hearing loss requirement prescribed in column (1) of paragraph A.11 of Part 1 of Schedule 4, disablement benefit shall not be payable to him or her in respect of a further claim except -

(a) where such further claim is made after the expiration of 3 years from the date of a claim which was disallowed because the claimant was not suffering from occupational deafness, or

(b) where such further claim is made after the expiration of 3 years from the date the extent of his disablement has been reassessed at less than 20 per cent, or

(c) where the claimant would otherwise be precluded by article 46(2) from making a further claim after the expiration of 3 years from the date of the disallowed claim or from the date the extent of his or her disablement has been reassessed at less than 20 per cent, as the case may be, and it is the first claim made since that date and is made within 5 years from the latest date before the date of the further claim on which he or she worked in an occupation prescribed in relation to occupational deafness.