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The Refractories Industries (Silicosis) and Sandstone Industry (Silicosis) Schemes (Transfer of Beneficiaries) Scheme 1977

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General Transitional Provisions

5.—(1) The following paragraphs of this article apply to any person who before the operative date had claimed compensation under either of the Silicosis Schemes but who had not at that date become entitled to compensation under that scheme.

(2) Such person shall, upon proving to the satisfaction of the appropriate determining authority that he would have been entitled to compensation under a Silicosis Scheme had his claim been determined before the operative date, be entitled to payment of benefit under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 and, subject to paragraphs (3) and (4) of this article, the provisions of that latter scheme shall apply in respect of such person.

(3) In a case to which this article applies—

(a)any question whether one of the Silicosis Schemes had applied to the claimant shall be referred to the Secretary of State;

(b)any other question relating to right to compensation under one of the Silicosis Schemes shall be referred to the appropriate determining authority;

and, in either case, the question shall, subject to the foregoing provisions of this paragraph, be determined in accordance with the provisions of the relevant Silicosis Scheme in force when the claim was made.

(4) In a case where the appropriate determining authority decides that compensation under a Silicosis Scheme in respect of total or partial disablement would have been payable to the claimant for a period before the operative date, benefit under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 shall be payable for that period at the rate at which compensation for total or partial disablement would have been payable under the relevant Silicosis Scheme.

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