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Social Security Contributions and Benefits Act 1992

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This is the original version (as it was originally enacted).

4(1)The Secretary of State may, by scheme made with the consent of the Treasury, provide for the payment of allowances or other benefits-

(a)to persons who, having been employed in Great Britain before 5th July 1948 in any occupation prescribed in relation to a disease to which this paragraph applies, are at the commencement of the scheme, or thereafter become, disabled by that disease;

(b)to any person who, as the joint result of—

(i)a disease to which this paragraph applies in respect of which he is, or has at any time after 4th July 1956 been, entitled to weekly payments by way of an allowance by virtue of paragraph (a) above or by virtue of section 1(1)(a) of the [1951 c. 4 (15 & 16 Geo.6 & 1 Eliz.2).] Pneumoconiosis and Byssinosis Benefit Act 1951 or section 5(1)(a) of the Old Cases Act; and

(ii)one or more other diseases or injuries in respect of each of which he is, or has at any such time been, entitled to weekly payments by way either of such an allowance or of workmen’s compensation or of an allowance under paragraph 2 above or under the [1951 c. 22.] Workmen’s Compensation (Supplementation) Act 1951 or section 2 of the Old Cases Act,

is totally incapable of work and likely to remain so incapable for a considerable period;

(c)to the dependants of persons who, having been so employed, died, or have at any time, after 31st December 1949 died, as a result of the disease in question, so however, that in relation to such a disease as is mentioned in sub-paragraph (2)(d) below this paragraph shall have effect as if for the reference to 31st December 1949 there were substituted a reference to 27th July 1967.

(2)The diseases to which this paragraph applies are—

(a)pneumoconiosis;

(b)byssinosis;

(c)any disease in respect of which compensation was payable under the [1925 c. 84.] Workmen’s Compensation Act 1925 by virtue of section 43 of that Act;

(d)any other disease which is a malignant or potentially malignant neoplasm and is for the time being prescribed for the purposes of Part V of this Act;

but a scheme under this paragraph shall not provide for the payment of benefit in respect of such a disease as is mentioned in paragraph (c) or (d) above unless the Secretary of State is satisfied that the disease is of such a nature that there are likely to be cases where—

(i)a person suffers from it and it is due to the nature of his employment; but

(ii)it does not manifest itself until more than 12 months after he has ceased to be engaged in the employment.

(3)Subject to the provisions of this Schedule, the right to benefit in pursuance of a scheme under this paragraph shall be subject to such conditions as may be provided by the scheme, and the rate or amount of any such benefit shall be such as may be so provided.

(4)A scheme under this paragraph may make provision as to the circumstances in which any benefit payable to a person in pursuance of the scheme may be paid to another person on his behalf.

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