Chwilio Deddfwriaeth

The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978

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Adjustment of the basic benefit

6.—(1) If in any week in respect of which the basic benefit is payable to any coal industry employee he is entitled to receive any of the payments specified under heads (i), (ii), (iii), (iv) or (v) of this Article the basic benefit shall be reduced by making the deduction specified below in relation to that head—

(a)in respect of—

(i)special hardship allowance in respect of an industrial accident sustained or an industrial disease developed before the relevant date;

(ii)supplementary disablement pension under the National Coal Board Industrial Death and Retirement Scheme;

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits) after the last week before the relevant date in which such employee is not entitled to sickness or injury benefit or invalidity pension;

(b)in respect of—

(iii)workmen's compensation under the Workmen's Compensation Acts 1925 to 1945, the enactments repealed by the Workmen's Compensation Act 1925, or under any contracting-out scheme duly certified under any of those Acts;

(iv)benefit under the Workmen's Compensation (Supplementation) Scheme 1966;

(v)benefit under the Scheme established by the Board pursuant to a resolution dated 2nd July 1948 for providing benefits to persons in receipt of workmen's compensation or in receipt of benefits under the Pneumoconiosis (Benefit) Scheme 1943;

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits or any individual variation thereof resulting from a change of category from partial to total, or from lesser to major, incapacity, as the case may be) after the last week before the relevant date in which such employee is not entitled to sickness or injury benefit or invalidity pension;

Provided that the foregoing deductions shall not operate so as to reduce the amount payable in any week to less than £6.16; and if in any week in respect of which the basic benefit is payable to any coal industry employee he is entitled to receive any of the payments specified under heads (vi), (vii), (viii), (ix) or (x) of this Article, the basic benefit already reduced to an amount of not less than £6.16 by the foregoing provisions of this Article shall be further reduced or extinguished by making the deduction specified below in relation to that head—

(c)in respect of—

(vi)earnings related supplement;

(vii)injury benefit in excess of the amount of any sickness benefit or invalidity pension which would have been payable to a coal industry employee had he been entitled to receive sickness benefit or invalidity pension in place of that injury benefit;

(viii)pension benefits, other than widows' benefits, paid under the Mineworkers' Pension Scheme;

(ix)pension benefits, other than widows' benefits, paid before normal retiring age under any scheme, other than the Mineworkers' Pension Scheme or the Staff Superannuation Scheme, established or continued by the Board under the Coal Industry Nationalisation (Superannuation) Regulations 1950;

(x)supplementary allowance or supplementary pension in excess of the amount which the Supplementary Benefits Commission determine would have been paid had the payments under this scheme been made before the amount of the supplementary allowance or supplementary pension was determined;

by the amount of such benefits which such employee becomes entitled to receive after the relevant date.

(2) Where a coal industry employee eligible for payments under this Scheme has been entitled to receive unemployment benefit and his right to that benefit excluding an earnings related supplement thereof has become exhausted, so long as he remains unemployed there shall be payable to him, in addition to basic benefit, a weekly sum equal to the weekly rate of unemployment benefit, excluding an earnings-related supplement thereof, which he would have been entitled to receive but for such exhaustion.

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