Social Security Contributions and Benefits Act 1992

Restrictions on scope of schemes under paragraph 4

5 (1) A scheme under paragraph 4 above shall not provide for the payment of benefit to or in respect of a person disabled or dying as a result of a disease to which that paragraph applies—

(a) if he or any other person is or has been entitled to benefit under Part V of this Act in respect of the disablement or death;

(b) if he or any member of his family within the meaning of the Workmen’s Compensation Act 1925 has received or is entitled to compensation in respect of the disablement or death under the Workmen’s Compensation Acts or by virtue of a scheme made or certified under those Acts or by virtue of any scheme or law in force in any country or territory outside Great Britain providing for compensation in respect of that disease;

(c) if he would have received or would be entitled to such compensation by virtue of any scheme so made or certified under the Workmen’s Compensation Acts but for the fact that he was or is entitled to receive compensation in respect of disablement from any other disease or in respect of an injury by accident;

(d) if he or his personal representative or any of his relatives has recovered any sum by way of damages in respect of the disablement or death, whether at common law or under the [1976 c. 30.] Fatal Accidents Act 1976 or section 1 of the [1934 c. 41.] Law Reform (Miscellaneous Provisions) Act 1934 ;

(e) if throughout the employment mentioned in paragraph 4(1)(a) above he was employed otherwise than as a workman within the meaning of the [1925 c. 84.] Workmen’s Compensation Act 1925 .

(2) A scheme under paragraph 4 above shall not provide for the payment of benefit to a person disabled as a result of the disease of byssinosis unless it is determined in accordance with the scheme that the disablement is likely to be permanent.

(3) Sub-paragraphs (1) and (2) above shall be without prejudice to any other restrictions which may be imposed by a scheme under paragraph 4 above in respect of the persons to or in respect of whom benefit is payable under the scheme; and those other restrictions shall include restrictions relating to the nature or degree of disablement.

(4) For the avoidance of doubt, the benefits in relation to which restrictions are or may be imposed by virtue of this paragraph shall not include an allowance by virtue of paragraph 4(1)(b) above.

(5) Notwithstanding anything in this paragraph the [S.I.1983/136.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 and any further scheme under paragraph 4 above may contain any provision which the Secretary of State considers corresponds to a provision which was required by paragraph 2 or authorised by paragraph 3 of Schedule 1 to the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977.