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This is the original version (as it was originally enacted).

Part IWorkmen’s compensation and industrial diseases benefit in respect of employment before 5th July 1948

Continuation of workmen’s compensation

1The Workmen’s Compensation Acts and any other enactment specified in Schedule 9 to the original Industrial Injuries Act which was repealed by section 89 of that Act shall continue to apply to any cases to which, if the 1967 Act had not been passed, they would have applied by virtue of the said section 89, being certain cases where a right to compensation arises or has arisen in respect of employment before 5th July 1948.

Schemes for supplementing workmen’s compensation

2(1)The Secretary of State may, by scheme made with the consent of the Treasury, provide for conferring a right to allowances on persons who are, or have at any time after 20th March 1951 been, entitled to weekly payments by way of workmen’s compensation, other than a person whose entitlement to such payments—

(a)arose in consequence of an accident happening after 31st December 1923; and

(b)ceased before 5th July 1956.

(2)Subject to the provisions of this Schedule, the right to such an allowance or to a payment on account of such an allowance shall be subject to such conditions, and the rate of the allowance shall be such, as may be provided by a scheme under sub-paragraph (1) above.

(3)The allowances for the payment of which a scheme under sub-paragraph (1) above may make provision shall be—

(a)where the relevant accident happened before 1st January 1924, an allowance (in this paragraph referred to as a “basic allowance”) in respect of any period such as is mentioned in sub-paragraph (8) below;

(b)an allowance in respect of any period such as is mentioned in sub-paragraph (8)(a) below (in this paragraph referred to as a “major incapacity allowance”);

(c)subject to sub-paragraphs (4) and (5) below, an allowance in respect of any period such as is mentioned in sub-paragraph (8)(b) below (in this paragraph referred to as a “lesser incapacity allowance”);

and a major incapacity allowance or lesser incapacity allowance in respect of any period shall be payable whether or not a basic allowance is also payable in respect of that period.

(4)A lesser incapacity allowance—

(a)shall not be payable to any person in respect of any period unless there is or may be expected to be (or, but for the cesser at a time after 1st March 1966 of that person’s entitlement to workmen’s compensation, would or might be expected to have been) payable to that person in respect of that period either a weekly payment by way of basic allowance or a weekly payment by way of workmen’s compensation which is not a notional payment;

(b)except to a person who immediately before 1st March 1966 was receiving an allowance under a scheme made under the [1951 c. 22.] Workmen’s Compensation (Supplementation) Act 1951, shall not be payable if the relevant accident happened after 31st December 1923 and the claimant’s entitlement to workmen’s compensation in consequence of it ceased before 1st March 1966.

(5)For the purposes of a lesser incapacity allowance, a weekly payment by way of workmen’s compensation shall be treated as a notional payment if awarded or paid for the purpose of safeguarding a potential entitlement to compensation and not related to any existing loss of earnings; and a scheme under sub-paragraph (1) above may provide that—

(a)in such circumstances or cases as may be specified in the scheme; and

(b)in particular, in cases where weekly payments by way of such compensation are being paid to a person to whom such payments were not made, or were made at a lower rate, during the period of 12 months immediately preceding such date not earlier than 30th November 1965 as may be specified in the scheme,

a weekly payment by way of such compensation shall be deemed to be a notional payment unless the contrary is proved.

(6)The weekly rate—

(a)of a basic allowance shall not exceed £2 less the amount of the recipient’s workmen’s compensation and, in respect of a period such as is mentioned in sub-paragraph (8)(b) below which is a period of partial incapacity only, shall also not exceed the difference between 2/3rds of the amount representing his weekly loss of earnings determined in accordance with a scheme under sub-paragraph (1) above and the amount of his workmen’s compensation;

(b)of a major incapacity allowance shall be the corresponding disablement pension rate;

(c)of a lesser incapacity allowance shall not exceed £32.55.

(7)Sub-paragraph (6)(b) above shall have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of Parts I to VI of this Act, for so long as he continues to be treated as retired for those purposes, as if at the end of the paragraph there were added the words “less the amount of the recipient’s workmen’s compensation and less the amount of his basic allowance, if any”.

(8)The periods referred to in sub-paragraph (3) above are—

(a)any period during which the person claiming or receiving an allowance under this paragraph—

(i)being or having been entitled to his workmen’s compensation in respect of any injury or disease other than pneumoconiosis or byssinosis, is as a result of that injury or disease totally incapable of work and likely to remain so incapable for a considerable period; or

(ii)being or having been entitled to his workmen’s compensation in respect of pneumoconiosis, is certified under a scheme made under the [1918 c. 14.] Workmen’s Compensation (Silicosis) Act 1918 (as originally enacted or as extended by the [1934 c. 41.] Workmen’s Compensation (Silicosis) Act 1924 or under section 47 of the [1925 c. 84.] Workmen’s Compensation Act 1925 (as originally enacted or as extended by any subsequent enactment), or is determined in accordance with a scheme under sub-paragraph (1) above, to be totally disabled; or

(iii)is, or but for the determination of his right would be, entitled to his workmen’s compensation in respect of byssinosis; or

(iv)being or having been entitled to his workmen’s compensation in respect of two or more injuries or diseases such as are mentioned in sub-paragraphs (i) to (iii) above, is as the joint result of those injuries or diseases totally incapable of work and likely to remain so incapable for a considerable period;

(b)any period which, not being a period such as is mentioned in paragraph (a) above, is a period of total or partial incapacity for work resulting from the relevant injury or disease.

Provisions supplementary to paragraph 2

3(1)For the purposes of paragraph 2 above—

(a)the expressions “relevant accident” and “relevant injury or disease” mean the accident in consequence of which or, as the case may be, the injury or disease in respect of which, an entitlement to weekly payments by way of workmen’s compensation arose;

(b)any reference to the happening of an accident shall, in relation to a case of disease, be construed in the same way as for the purposes of the Workmen’s Compensation Acts;

(c)a payment—

(i)under the Workmen’s Compensation (War Addition) Acts 1917 and 1919; or

(ii)under the [1940 c. 47.] Workmen’s Compensation (Supplementary Allowances) Act 1940 as amended by the [1943 c. 49.] Workmen’s Compensation (Temporary Increases) Act 1943,

shall be treated as a weekly payment by way of workmen’s compensation.

(2)For the purposes of paragraph 2(1) above, a person shall be deemed to be or have been entitled to weekly payments by way of workmen’s compensation at any time if he would be or, as the case may be, have been so entitled at that time if—

(a)the amount of any payment, allowance or benefit received by him otherwise than by way of workmen’s compensation; or

(b)where the relevant accident happened before 1st January 1924, either that amount, or the amount he is earning or able to earn in some suitable employment or business, or both those amounts,

were sufficiently reduced.

(3)Subject to sub-paragraph (7) below, for the purpose of the reference in paragraph 2(8)(b) above to a period of total incapacity for work resulting from the relevant injury or disease, a person who is or has been unable to obtain employment shall be treated as subject to such an incapacity if he is treated as being so for the purposes of his workmen’s compensation in respect of the relevant injury or disease and in such other circumstances as may be provided by a scheme under paragraph 2 above.

(4)Any reference in paragraph 2 above or this paragraph to the amount of a person’s workmen’s compensation shall (subject to sub-paragraphs (5) to (7) below) be taken as referring to the amount, if any, of the weekly payments to which for the time being he is, or would but for the determination of his right be, entitled in respect of the relevant injury or disease except that—

(a)where in fixing the amount of those weekly payments under the provisions relating to them regard was had to any payment, allowance or benefit which he might receive during the period of his incapacity from the person liable for the compensation, and the amount is shown to have been reduced in consequence, the amount of those weekly payments shall for the purposes of this sub-paragraph be taken to be the reduced amount so fixed with the addition of the amount of the reduction; and

(b)where the amount of those weekly payments has not been fixed under the said provisions, it shall be fixed for the purposes of this sub-paragraph without regard to any such payment, allowance or benefit.

(5)A scheme under paragraph 2 above may include provision that, in such special circumstances or cases and for such purposes as may be specified in the scheme, any reference in paragraph 2 above or this paragraph to the amount of a person’s workmen’s compensation shall be taken as referring to such amount as it may be determined in manner provided by the scheme ought reasonably and properly to have been the amount of the weekly payments referred to in sub-paragraph (4) above.

(6)Where a person is, or has at any time after 20th March 1951 been, entitled to payments under the enactments referred to in sub-paragraph (1)(c)(i) or (ii) above but ceased before 21st March 1951 to be entitled to any other weekly payments by way of workmen’s compensation in respect of the relevant injury or disease, the amount of his workmen’s compensation shall for the purposes of paragraph 2 above be calculated as if he had not ceased to be entitled to such other payments.

(7)A scheme under paragraph 2 above may provide for modifying the operation of sub-paragraphs (3) to (5) above in relation to a person whose workmen’s compensation is or was compensation under a contracting-out scheme in such manner as appears to the Secretary of State to be proper having regard to the provisions of the contracting-out scheme.

Industrial diseases benefit schemes

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.

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.

Nature and amount of benefit under paragraph 4

6(1)The benefit payable to any person in pursuance of a scheme under paragraph 4 above by virtue of sub-paragraph (1)(a) or (b) of that paragraph shall be by way of a weekly allowance.

(2)Subject to the provisions of this Schedule and to any provisions of the scheme for the adjustment of benefit under it by reference to pensions, allowances or other benefits payable out of public funds, the weekly rate—

(a)of an allowance by virtue of paragraph 4(1)(a) above in respect of total disablement shall be the corresponding disablement pension rate;

(b)of an allowance by virtue of paragraph 4(1)(a) above in respect of disablement which is not total shall be £32.55;

(c)of an allowance by virtue of paragraph 4(1)(b) above shall be the corresponding disablement pension rate.

(3)Sub-paragraph (2)(c) above shall have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of Parts I to VI above, for so long as he continues to be treated as retired for those purposes, as if at the end of the paragraph there were added the words “less the amount of any weekly payments by way of workmen’s compensation payable to the recipient in consequence of any of the diseases or injuries in consequence of which the allowance is payable”.

(4)The weekly rate of an allowance such as is mentioned in sub-paragraph (2)(a) or (b) above shall be increased, in such circumstances and subject to such conditions as may be prescribed by the scheme (in accordance, for the purposes of paragraph (b) of this paragraph, with any regulations in force under paragraph 8 of Schedule 6 to this Act)—

(a)in any case, by an amount equal to the unemployability supplement which would be payable under paragraph 2 of Schedule 7 to this Act or, as the case may be, paragraphs 2 and 3 of that Schedule if the person entitled to the allowance were entitled to a disablement pension;

(b)where the person requires constant attendance as the result of the disablement, by an amount equal to any increases which would be payable under section 104 or 105 above if he were entitled to a disablement pension in respect of an assessment of 100 per cent.;

(c)where the person is entitled to child benefit in respect of a child or children, and is in receipt of an allowance which comprises such an increase as is mentioned in paragraph (a) above, by an amount equal to any increase which would be payable under paragraph 4 of Schedule 7 to this Act in respect of that child or those children if he were entitled to disablement pension plus unemployability supplement;

(d)where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under section 82 above in respect of the spouse if the person were entitled to sickness benefit).

(5)Where under this paragraph an allowance comprises such an increase as is mentioned in paragraph (a) of sub-paragraph (4) above, that sub-paragraph shall have effect as if for paragraph (d) there were substituted the following paragraph—

(d)where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under paragraph 6 of Schedule 7 to this Act in respect of the spouse if the person were entitled to disablement pension plus unemployability supplement)..

(6)The benefit payable in pursuance of such a scheme in respect of the death of any person shall be payable to or for the benefit of such persons as may be prescribed by the scheme (being members of the deceased’s family within the meaning of the [1925 c. 84.] Workmen’s Compensation Act 1925 ); and subject to the provisions of this Schedule such benefit shall be a capital sum or sums of an amount or aggregate amount not exceeding £300.

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