The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973

Adjustment of the basic benefit

6.—(1) If in any week in respect of which the basic benefit is payable to any coal industry employee he is entitled to receive any of the payments specified under heads (a), (b), (c), (d) or (e) of this Article the basic benefit shall be reduced or extinguished by making the deduction specified below in relation to that head—

(i) in respect of—

(a)

special hardship allowance in respect of an industrial accident sustained or an industrial disease developed before the relevant date;

(b)

supplementary disablement pension under the National Insurance (Industrial Injuries) Colliery Workers Supplementary Scheme;

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits) after the last week before the relevant date in which such employee is not entitled to sickness, invalidity or injury benefit;

(ii) in respect of—

(c)

workmen's compensation under the Workmen's Compensation Act 1925 to 1945, the enactments repealed by the Workmen's Compensation Act 1925, or under any contracting-out scheme duly certified under any of those Acts;

(d)

benefit under the Workmen's Compensation (Supplementation) Scheme 1966(1);

(e)

benefit under the Scheme established by the Board pursuant to a resolution dated 2nd July 1948 for providing benefits to persons in receipt of workmen's compensation or in receipt of benefits under the Pneumoconiosis (Benefit) Scheme 1943(2);

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits or any individual variation thereof resulting from a change of category from partial to total, or from lesser to major, incapacity, as the case may be) after the last week before the relevant date in which such employee is not entitled to sickness, invalidity or injury benefit;

Provided that in respect of any week commencing after 6th April 1973 the foregoing deductions shall not operate so as to reduce the amount payable to less than £3, and if in any week in respect of which the basic benefit is payable to any coal industry employee he is entitled to receive any of the payments specified under heads (f), (g), (h), (i) or (j) of this Article the basic benefit already reduced by the foregoing provisions of this Article shall be further reduced or extinguished by making the deduction specified below in relation to that head—

(iii) in respect of—

(f)

earnings-related supplement;

(g)

injury benefit in excess of the amount of any sickness benefit or invalidity pension which would have been payable to a coal industry employee had he been entitled to receive sickness benefit or invalidity benefit in place of that injury benefit;

(h)

pension benefits, other than widows' benefits, paid under the Mineworkers' Pension Scheme or the Coal Industry Ancillary Workers Pension Scheme;

(i)

pension benefits, other than widows' benefits, paid before normal retiring age under any scheme, other than the Mineworkers' Pension Scheme or the Staff Superannuation Scheme, established or continued by the Board under the Coal Industry Nationalisation (Superannuation) Regulations 1950;

(j)

supplementary allowance or supplementary pension in excess of the amount which the Supplementary Benefits Commission determine would have been paid had the payments under this Scheme been made before the amount of supplementary allowance or supplementary pension was determined;

by the amount of any such benefits which such employee becomes entitled to receive after the relevant date.

(2) Where a coal industry employee eligible for payments under this Scheme has been entitled to receive unemployment benefit and his right to that benefit excluding an earnings-related supplement thereof has become exhausted, so long as he remains unemployed there shall be payable to him, in addition to the basic benefit, a weekly sum equal to the weekly rate of unemployment benefit, excluding an earnings-related supplement thereof, which he would have been entitled to receive but for such exhaustion.

(3) In any week commencing before 6th April 1973 in respect of which a coal industry employee is entitled to receive under paragraph (2) an addition to the basic benefit, the aggregate of the basic benefit and that addition shall be reduced or extinguished by deducting therefrom an amount equal to the aggregate of the amounts referred to in paragraph (1) which such employee is entitled to receive in respect of that same week.

(4) The weekly sum payable by virtue of Article 5(1)(b) in respect of a week commencing on or after 6th April 1974 to a coal industry employee whose relevant date falls on or after the said date shall be reduced by an amount equal to any increase in the amount of unemployment benefit for a man over the age of 18 with one adult dependant which may have been made during the 12 months immediately preceding 6th April 1974.

(5) The weekly sum payable by virtue of Article 5(1)(b) in respect of a week commencing on or after 6th April 1975 to a coal industry employee whose relevant date falls on or after the said date, having been reduced in accordance with paragraph (4) of this Article, shall be further reduced by an amount equal to any increase in the amount of unemployment benefit for a man over the age of 18 with one adult dependant which may have been made during the 12 months immediately preceding 6th April 1975.

(6) Where a coal industry employee makes an election under Article 5(4), paragraphs (4) and (5) of this Article shall not apply and the weekly sum referred to in Article 5(1)(b) shall be reduced by an amount equal to any increase in the amount of unemployment benefit for a man over the age of 18 with one adult dependant which may have been made during the period between 5th April 1973 and the 6th April immediately preceding the date substituted as the relevant date by virtue of an election under Article 5(4).

(1)

(1966 I, p. 325).

(2)

(Rev. XXIV, p. 597: 1943 I, p. 1016).