- Statutory Instrument 1997 No. 824
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997
© Crown Copyright 1997
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STATUTORY INSTRUMENTS
1997 No. 824
| Made | 13th March 1997 | ||
| Laid before Parliament | 17th March 1997 | ||
| Coming into force in accordance with article 1(1) |
The Secretary of State for Social Security, with the consent of the Treasury, in exercise of powers conferred by paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992[1] and of all other powers enabling him in that behalf, hereby makes the following Scheme:
Citation, commencement and interpretation
1 . - (1) This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997 and shall come into force for the purposes of articles 1 and 2 on 7th April 1997 and for all other purposes on 9th April 1997.
(2) "The principal Scheme" means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983[2].
Substitution of article 17 of the principal Scheme
2 . For article 17 of the principal Scheme (sums not payable when delay in claiming) there shall be substituted the following article -
-
"
17.
- (1) An allowance, or an increase of allowance, shall not be payable to any person in respect of any period more than three months before the claim for the allowance or the increase, as the case may be, is made.
(2) Death benefit shall not be payable in respect of the death of any person to or for the benefit of any dependant who fails to make a claim for that benefit within a period of three months beginning with the day of the death.".
Amendment of Schedule 1 to the principal Scheme
3
.
- (1) Schedule 1 to the principal Scheme shall be amended in accordance with the following provisions of this article.
(2) In column 2 of the entry relating to disease number 5 (primary malignant neoplasm of the mesothelium etc.) for the present entry there shall be substituted the following entry -
-
"
Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.".
(3) In column 1 of the entry relating to disease number 8 (primary carcinoma of the lung etc.) for sub-paragraph (b) there shall be substituted the following sub-paragraph -
-
"
(b) unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which -
-
(i) in the case of unilateral diffuse pleural thickening, covers 50 per cent or more of the area of the chest wall of the lung affected; or
(ii) in the case of bilateral diffuse pleural thickening, covers 25 per cent or more of the combined area of the chest wall of both lungs.".
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchelol
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997
We consent
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty's Treasury
13th March1997
(This note is not part of the Scheme)
This Scheme amends the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (S.I. 1983/136) by limiting to three months the period of backdating for an allowance or an increase of an allowance and by reducing the time limit for claiming death benefit to three months from the date of death.
It also amends the definition of disease number 5 (primary malignant neoplasm of the mesothelium etc.) and disease number 8 (primary carcinoma of the lung etc.).
With the exception of article 3, this Scheme does not impose any costs on business. An assessment of the compliance costs for employers of article 3 of this Scheme has been made and a copy has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, Deregulation Unit, Adelphi, 1 - 11 John Adam Street, London, WC2N 6HT.
Notes:
[1] 1992 c.4. back
[2] S.I. 1983/136; relevant amending instrument is S.I. 1985/491. back
ISBN 0 11 064185 X