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Social Security Administration Act 1992

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This is the original version (as it was originally enacted).

Provisions ancillary to paragraph 4 of Schedule 8

2(1)Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6) of paragraph 1 above shall have effect for the purposes of paragraph 4 of Schedule 8 to the Contributions and Benefits Act as if in those sub-paragraphs—

(a)any reference to a scheme were a reference to a scheme under paragraph 4;

(b)any reference to paragraph 2 of Schedule 8 to the Contributions and Benefits Act were a reference to paragraph 4;

(c)any reference to allowances (other than the reference in sub-paragraph (4)) included a reference to any other payment under paragraph 4.

(2)Nothing in this Schedule or in Schedule 8 to that Act shall authorise the recovery of sums by deduction from payments under paragraph 4 of that Schedule in respect of the death of any person, or the abatement of such payments.

(3)Without prejudice to the powers conferred by paragraph 1 above as applied by this paragraph, a scheme under paragraph 4 may in particular make provision for the determination by a medical board of questions of such classes as may be prescribed by the scheme.

(4)Without prejudice to the provision made by sub-paragraphs (1) and (3) above with respect to the determination of questions, such a scheme may, where it appears to the Secretary of State expedient so as to avoid the introduction or working of the scheme being impeded, provide that, in any circumstances prescribed by the scheme, a person shown to be disabled by a disease shall be presumed for the purposes of the scheme to have been disabled by that disease for such period previously, and the disablement to have been during that period or any part of it of such a nature and degree, as may be so prescribed.

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