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The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978

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Statutory Instruments

1978 No. 415

COAL INDUSTRY

The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978

Laid before the House of Commons in draft

Made

13th March 1978

Coming into Operation

25th March 1978

The Secretary of State, in exercise of the powers conferred by section 7(1) of the Coal Industry Act 1977 (hereinafter referred to as “the Act”) hereby makes the following Order, a draft of which has been laid before the Commons House of Parliament and has been approved by a resolution of that House in accordance with section 7(7) of the Act:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978 and shall come into operation on 25th March 1978.

(2) The Interpretation Act 1889 shall have effect in relation to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Application of the Schemes

2.  The Schemes set out in the Schedule to this Order shall have effect in relation to the classes of persons prescribed therein.

Alexander Eadie

Parliamentary Under Secretary of State

Department of Energy

13th March 1978

THE SCHEDULETHE REDUNDANT MINEWORKERS AND CONCESSIONARY COAL PAYMENTS SCHEMES

Definitions

1.  In this Schedule, unless the context otherwise requires:—

the basic benefit” means the total amount payable under Article 5;

the Board” means the National Coal Board;

coal industry employeehas the meaning assigned thereto in Article 2;

coal industry employerin relation to any person employed by the Board, by one of their subsidiaries or by a small mine licensee means the Board, that subsidiary or the small mine licensee as the case may be, and in relation to any person who is a workmen's employee means the person or persons responsible for the payment of such person's remuneration;

concessionary coalhas the meaning assigned thereto in section 7(8) of the Act;

disablement pension” means disablement pension under section 57 of the Social Security Act 1975;

earnings related supplement” means an increase of unemployment or sickness benefit under section 14(7) of the Social Security Act 1975;

the former Schemes” means the Redundant Mineworkers Payments Schemes set out in the Schedules to the Redundant Mineworkers (Payments Scheme) Order 1968 as amended(1), the Redundant Mineworkers (Payments Scheme) Order 1972 as amended(2), and the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973 as amended(3);

househas the same meaning as in section 58(1) of the Housing (Financial Provisions) Act 1958;

industrial accident” means any accident arising out of or in the course of employment;

industrial disease” means any disease or personal injury for the time being prescribed under section 76 of the Social Security Act 1975;

injury benefit” means industrial injury benefit under section 56 of the Social Security Act 1975;

invalidity pension” means invalidity pension under section 15 of the Social Security Act 1975;

Mineworkers' Pension Scheme” means the Mineworkers' Pension Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1950;

National Coal Board Industrial Death and Retirement Scheme” means the National Coal Board Industrial Death and Retirement Scheme established by the Board pursuant to a resolution dated 6th March 1970;

pre-redundancy earnings” means

(a)

in relation to any person employed as a coal industry employee during the relevant tax year who had earnings from that employment in not less than 13 weeks of that year, that person's average weekly earnings during that year in the grade in which he was employed at the relevant date;

(b)

in relation to any other person, the average weekly earnings which it is calculated that he would have received if he had been employed as a coal industry employee during the whole of the relevant tax year, having such regard as the Secretary of State may consider appropriate to the average weekly earnings of other coal industry employees employed in the same grade by that same employer, during the whole of that year,

there being left out of account, in any calculation of average weekly earnings, any contributions paid by the employer towards the cost of transport and any payments made by him in lieu of earnings during any period of involuntary or authorised absence;

prescribed place” means a place of a class specified in Appendix 1;

redundant personhas the meaning assigned thereto in Article 4;

relevant datehas the same meaning as in sections 3(4) or 4(2) of the Redundancy Payments Act 1965 as the case may be;

the relevant tax year” means the last complete income tax year before the relevant date;

sickness benefit” means sickness benefit under section 14 of the Social Security Act 1975;

self-employed” means a self-employed earner for the purposes of section 2(1)(b) of the Social Security Act 1975;

small mine licensee” means any individual working coal by virtue of the grant of a gale in the Forest of Dean or in any other part of the Hundred of St Briavels and any person or body of persons for the time being engaged in coal mining activities by virtue of a licence granted by the Board under section 36(2)(a) of the Coal Industry Nationalisation Act 1946;

special hardship allowance” means an increase of disablement pension under section 60 of the Social Security Act 1975;

the Staff Superannuation Scheme” means the National Coal Board Superannuation Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1946;

subsidiaryshall be construed in accordance with section 154 of the Companies Act 1948;

supplementary allowance” means supplementary allowance under section 4 of the Supplementary Benefit Act 1966;

the Supplementary Benefits Commission” means the Commission established with that name by section 3 of the Supplementary Benefit Act 1966;

supplementary pension” means supplementary pension under section 4 of the Supplementary Benefit Act 1966;

unemployment benefit” means unemployment benefit under section 14 of the Social Security Act 1975;

week” means a period of seven days beginning with midnight between Saturday and Sunday;

workmen's employee” means any person who is employed at a coal mine or a prescribed place being a person remunerated out of moneys provided by deductions from the wages of or contributions by employees of a coal industry employer;

year” means a period of 52 weeks;

and references to any enactment, order, regulation or scheme shall be construed as references to the same as amended up to the date on which this Order was made.

Part 1THE REDUNDANT MINEWORKERS PAYMENTS SCHEME

Eligibility for payment

2.  Any person who is or was on the relevant date employed at a coal mine or a prescribed place being either—

 (a)a person so employed by the Board, by one of their subsidiaries, or by a small mine licensee—

(i)in a grade which renders him eligible for membership of the Mine-workers' Pension Scheme; or

(ii)in a grade which is specified in Appendix 2; or

2.

 (b)a person so employed as a workmen's employee,

shall, subject as hereinafter provided, and provided he is not eligible for payments under any of the former Schemes, be eligible for payments under this Scheme; such a person is hereafter referred to as a “coal industry employee”.

Age and redundancy requirements

3.  A coal industry employee shall not be eligible for payments under Article 5 unless—

(a)he is a redundant person and, in the case of an employee employed at a prescribed place, became a redundant person by reason of the cessation or reduction of the services or facilities at that place, being services or facilities ancillary to one or more coal mines, in consequence of the closure of one or more of such mines or the reduction in the number of persons employed thereat;

(b)when he became a redundant person the relevant date fell between 25th March 1978 and 29th March 1981; and

(c)on the relevant date he had attained the age of 55 and had not attained the age of 65 in the case of a man or 60 in the case of a woman.

Requirements of a redundant person

4.—(1) A coal industry employee shall be a redundant person within the meaning of this Scheme if he has completed a total period of not less than 10 years' employment with one or more coal industry employers, or with any other employer at a coal mine or at a prescribed place prior to 1st January 1947, and in consequence of his dismissal on the relevant date by a coal industry employer, he either—

(a)becomes entitled to receive a redundancy payment under the Redundancy Payments Act 1965 from that employer; or

(b)would have become entitled to receive such a payment were it not that he had not been continuously employed by one coal industry employer for a period of 104 weeks ending with the relevant date, if he had either—

(i)during such period of 104 weeks left the employment of a coal industry employer and not later than one week after leaving such employment entered into employment with that or any other coal industry employer; or

(ii)become entitled previously to receive such a payment from a coal industry employer and had entered into employment with that or any other coal industry employer not later than 52 weeks after becoming so entitled.

(2) Appendix 3 hereof and not section 8 of the Redundancy Payments Act 1965 (which provides for the calculation of periods of employment) shall apply for the purposes of paragraph (1) of this Article, for ascertaining the length of a coal industry employee's period of employment, and whether or not the period of 104 weeks ending with the relevant date has been continuous.

Basic benefit payable

5.  Subject as hereinafter provided—

(1) The Secretary of State may pay to any coal industry employee eligible for payments under the foregoing provisions of this Scheme—

(a)whose relevant date fell between 25th March 1978 and 6th April 1978 the weekly sum specified in column 2 of Part 1 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings, and

(b)whose relevant date fell on or after 6th April 1978 the weekly sum specified in column 2 of Part 2 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings.

(2) When the weekly sum payable under paragraph (1) has been paid for 52 weeks it may be supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of the said 52 weeks and when the said weekly sum (supplemented as aforesaid) has been paid for a further 52 weeks it may be further supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of these further 52 weeks.

(3) Where any coal industry employee eligible for payments under this Scheme is re-employed by a coal industry employer and then ceases to be so employed the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during his period of re-employment by a coal industry employer as well as the changes in the cost of living during a period specified in that paragraph:

Provided that this paragraph does not apply to such an employee who is so employed for a period of not less than one year and makes an election under paragraph (4).

(4) A coal industry employee eligible for payments under this Scheme who is re-employed by a coal industry employer for a period of not less than one year and then is dismissed by a coal industry employer by reason of redundancy within the meaning of section 1 of the Redundancy Payments Act 1965, may elect to substitute his date of cessation of that employment as the relevant date for the purpose of calculating his pre-redundancy earnings referred to in paragraph (1) and for the purposes of adjusting his basic benefit under Article 6 provided the said election is made within 26 weeks of such cessation.

(5) Where a coal industry employee makes an election under paragraph (4), the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the date on which the weekly sum payable under paragraph (1) has been paid for 52 weeks and the further period of 52 weeks respectively after the date substituted as the relevant date by virtue of the said election under paragraph (4).

(6) Where any coal industry employee was on the relevant date occupying a house as a tenant of or under a licence from the Board and, in consequence of his having ceased to be in their employment, the Board—

(a)in the case of an employee who immediately before such relevant date was not making any payment to them in respect of his occupation of that house, charge that employee any weekly payment in respect of his occupation of that house or any other house; or

(b)in the case of an employee who immediately before such relevant date was making a payment to them in respect of his occupation of that house, increase the weekly amount payable in respect of his occupation of that house or any other house,

then, provided that such employee is eligible for payments under the foregoing provisions of this Scheme, the Secretary of State may pay to him in addition to any sums payable under this Article either—

(i)a weekly sum equal to the weekly amount of such payment or weekly increase of such payment as the case may be; or

(ii)the weekly sum of £1.50,

whichever shall be the less.

(7) A coal industry employee shall remain eligible for payments under paragraph (6) notwithstanding the sale of the house in respect of which the weekly sum is payable or his having moved to another house.

(8) Paragraph (6) shall not apply to any coal industry employee who receives any rent rebate or allowance under the Housing Finance Act 1972 or the Housing (Financial Provisions) (Scotland) Act 1972.

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 (i), (ii), (iii), (iv) or (v) of this Article the basic benefit shall be reduced by making the deduction specified below in relation to that head—

(a)in respect of—

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

(ii)supplementary disablement pension under the National Coal Board Industrial Death and Retirement 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 or injury benefit or invalidity pension;

(b)in respect of—

(iii)workmen's compensation under the Workmen's Compensation Acts 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;

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

(v)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;

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 or injury benefit or invalidity pension;

Provided that the foregoing deductions shall not operate so as to reduce the amount payable in any week to less than £6.16; 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 (vi), (vii), (viii), (ix) or (x) of this Article, the basic benefit already reduced to an amount of not less than £6.16 by the foregoing provisions of this Article shall be further reduced or extinguished by making the deduction specified below in relation to that head—

(c)in respect of—

(vi)earnings related supplement;

(vii)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 pension in place of that injury benefit;

(viii)pension benefits, other than widows' benefits, paid under the Mineworkers' Pension Scheme;

(ix)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;

(x)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 the supplementary allowance or supplementary pension was determined;

by the amount of 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 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.

Limitation of benefits

7.—(1) No weekly payment except under Article 8(1) shall be made under this Scheme to any coal industry employee who receives any payment, other than widow's benefit, under the Staff Superannuation Scheme.

(2) Subject to paragraphs (4) and (5), no weekly payments shall be made under this Scheme to any coal industry employee in respect of any day in any week unless in respect of such day that employee satisfies the conditions for receipt of unemployment benefit, sickness benefit or invalidity pension, or would satisfy those conditions but for—

(a)the provisions of regulations made under section 85 of the Social Security Act 1975 (overlapping benefits); or

(b)the fact that his right to that benefit is exhausted; or

(c)(in the case of unemployment benefit only) the fact that he was employed or self-employed for not more than 16 hours in that week; or

(d)being a married woman or widow and having elected to pay primary class 1 contributions at the reduced rate in accordance with section 5(2) of the Social Security Act 1975; or

(e)(in the case of unemployment benefit only) being self-employed for a period after the relevant date;

and for the purposes of this paragraph, payments in respect of any day shall be one sixth of the appropriate weekly rate.

(3) No weekly payments shall be made under this Scheme in respect of any week in which a coal industry employee is in the employment of a coal industry employer.

(4) In respect of any week during which a coal industry employee is self-employed or in the employment of a person other than a coal industry employer the weekly payment to him under this Scheme shall not exceed—

(a)the basic benefit adjusted if appropriate in accordance with Article 6; or

(b)the sum of £8,

whichever shall be the less.

(5) Paragraph (2) shall not apply to any coal industry employee who resides outside the United Kingdom and is considered by the Secretary of State, having regard to sub-paragraphs (a) to (e) of that paragraph, to have satisfied in respect of any day in any week the conditions for receipt of benefits corresponding to unemployment benefit, sickness benefit or invalidity pension in the country in which that employee resides.

Additional weekly benefits payable

8.—(1) Subject to paragraph (2) the Secretary of State may pay to any coal industry employee who has been eligible to receive weekly payments under this Scheme or any of the former Schemes, after he shall have ceased to be so eligible, a weekly sum equal to the sum that would be payable to him under Article 6(2) were he eligible for payment under that paragraph:

Provided that no such sum shall be payable in respect of any week in which that employee fails to satisfy the conditions specified in Article 7(2) and is not, by virtue of Article 7(5), considered by the Secretary of State to have satisfied those conditions.

(2) The weekly sum payable under paragraph (1) to an employee who is in receipt of a pension under the Staff Superannuation Scheme shall be reduced or extinguished, as the case may be, by the amount by which the weekly value of such pension exceeds £8.

Duration of benefits

9.—(1) Subject to the following paragraphs of this Article, weekly payments under this Scheme shall first become payable to a coal industry employee in respect of the week commencing next after the relevant date applicable but shall not be payable to any coal industry employee in respect of any week falling after—

(a)the attainment by such employee of the age of 65 in the case of a man or 60 in the case of a woman; or

(b)30th March 1991,

whichever shall first occur.

(2) No coal industry employee shall be eligible for weekly payments under Article 5 of this Scheme in respect of an aggregate of more than 156 weeks.

(3) Any week in which a coal industry employee is in the employment of a coal industry employer shall not be taken into account in calculating the period of 156 weeks referred to in paragraph (2) nor the two periods of 52 weeks referred to in Article 5(2).

(4) Any day or week in respect of which a coal industry employee is disqualified under Article 7(2) from receiving weekly payments under this Scheme shall be taken into account in calculating such period of 156 weeks.

Meaning of Employment in Articles 7 and 9

10.  For the purposes of Article 7(3) and (4) and Article 9, employment or self-employment in any week for not more than 16 hours shall not be regarded as employment or self-employment as the case may be.

Rounding-off of benefits

11.  Where the total weekly payment to a coal industry employee under this Scheme exceeds five new pence or a multiple thereof by a fraction of five new pence that fraction shall be disregarded if it is less than two and a half new pence and shall be treated as five new pence if it is two and a half new pence or more.

Time of payment of benefits

12.  Weekly payments to a coal industry employee under this Scheme may be paid in arrear and at intervals of not more than 6 weeks.

Claims for weekly payments

13.—(1) Subject to paragraph (2), it shall be a condition of the making of weekly payments under this Scheme to any coal industry employee that a claim for those payments shall be submitted to the Secretary of State not later than 26 weeks after the relevant date.

(2) In any case in which the Secretary of State is satisfied that there is reasonable ground for failing to make a claim within such period as aforesaid he may, from time to time, extend the period within which a claim may be made under paragraph (1) on application being made to him in that behalf notwithstanding that such period has expired.

Lump Sum Payments

14.—(1) The Secretary of State may pay to any coal industry employee who—

(a)satisfies the conditions contained in paragraphs (a) and (b) of Article 3; and

(b)on the relevant date had attained the age of 35 but had not attained the age of 55 or who, having attained the age of 55, had not attained the age of 65 in the case of a man or 60 in the case of a woman, and is not eligible to receive payments under Article 5; and

(c)satisfies the conditions contained in either paragraph (a) or (b) of Article 4(1),

the sums specified in Appendix 5 in relation to his total period of employment (determined in accordance with Article 4(2)) with one or more coal industry employers or with any other employer at a coal mine or at a prescribed place prior to 1st January 1947 and to his age on the relevant date.

(2) No payments shall be made under this Article—

(a)in respect of more than 25 years' employment in the aggregate; or

(b)of a total amount exceeding £1,250; or

(c)in respect of any completed year of employment for which payment has been made under this Article; or

(d)for any completed year in respect of which payment has been made under an agreement dated 5th June 1973 made between the Board and the National Union of Mineworkers as amended from time to time, providing for redundancy payments in the Coke and By-Products Industry.

(3) The sums payable under paragraph (1) to a coal industry employee who on the relevant date had attained the age of 64 in the case of a man, or 59 in the case of a woman, shall be reduced by one-twelfth in respect of each whole month by which such employee exceeds the said age.

Part 2THE CONCESSIONARY COAL PAYMENTS SCHEME

Concessionary Coal

15.—(1) The Secretary of State may pay to the Board the full costs incurred on or after 26th March 1978 in providing concessionary coal (or making payments in lieu of such provision) to or in respect of any person mentioned in paragraph (3) who on the relevant date has attained the age of 55 but has not attained the age of 60, until he has attained the age of 60, and after he has attained the age of 60 half the costs so incurred; and one half of any such costs incurred in relation to any person mentioned in paragraph (3) who on the relevant date has attained the age of 60.

(2) In making such provision the Board shall take into account the rate at which that person would have received concessionary coal under the national or local arrangements applicable to that person (and subject to any qualification not relating to age contained therein) if on that person's relevant date he had left the employment of the Board because he had reached his normal retiring age.

(3) The persons referred to in paragraphs (1) and (2) are—

(a)any person who is or has been eligible for payments under the Scheme contained in Part 1 of this Schedule or any of the former Schemes; and

(b)any other employee of the Board or of any of their subsidiaries whose standard conditions of employment are embodied in the statement of standard conditions of employment of non-industrial staff prepared by the Board or by that subsidiary in pursuance of section 4 of the Contracts of Employment Act 1963 who on the relevant date was employed at a coal mine or at a prescribed place,

provided that each such employee or person—

(i)became redundant for the reasons contained in Article 3(a);

(ii)was eligible on 11th December 1972 for weekly payments under any of the former Schemes or, if not so eligible, when he became a redundant person the relevant date fell between 14th December 1969 and 29th March 1981;

(iii)on the relevant date had attained the age of 55 and had not attained the age of 65; and

(iv)is not a person to whom the arrangements referred to in paragraph 1(1)(viii) of Schedule 2 to the Coal Industry Act 1977 apply.

(4) The amount of any such payments under this scheme shall be determined in such a manner as may be agreed between the Secretary of State and the Board with the approval of the Treasury and shall be certified by the Board's auditors.

Article 1

Appendix 1PRESCRIBED PLACES

  • Area offices and establishments

  • Ambulance stations

  • Civil engineering depots

  • Coal depots

  • Coal laboratories

  • Coal preparation plants

  • Coal stocking grounds

  • Electricity distribution installations

  • Estate and house maintenance depots

  • Generating plants

  • Granaries (for foodstuffs for pit ponies)

  • Headquarters—controlled offices and establishments

  • Medical centres

  • Mineral processing plants

  • Pumping stations

  • Railway sidings and other places associated with the operation of railways

  • Regional offices and establishments

  • Rescue stations

  • Road transport depots

  • Shipping staithes and wharves

  • Stone and dust disposal and treatment plants

  • Timber impregnation plants

  • Training centres

  • Waterworks

  • Workshops, stores and plant pool depots.

Article 2(a)(ii)

Appendix 2GRADES OF EMPLOYMENT OR CAPACITIES IN WHICH A COAL INDUSTRY EMPLOYEE IS ELIGIBLE FOR PAYMENTS UNDER THE SCHEME CONTAINED IN PART I OF THIS SCHEDULE

1.  Any grade of official to whom the First Schedule of an agreement dated 26th March 1971 (made between the Board of the one part and the National Association of Colliery Overmen, Deputies and Shotfirers of the other part) applies.

2.  Any grade of weekly paid industrial staff to whom Schedule 1 or Schedule 4 of an agreement dated 1st May 1968 (made between the Board of the one part and the National Association of Colliery Overmen, Deputies and Shotfirers and the National Union of Mineworkers of the other part) applies.

3.  Foreman other than a grade of Foreman under the agreement referred to in paragraph 2.

4.  Canteen Manager.

5.  Canteen Manageress.

6.  Canteen Supervisor.

7.  Chauffeur.

8.  Commissionaire.

9.  Messenger.

10.  Security Officer.

Articles 4(2) and 14(1)

Appendix 3COMPUTATION OF PERIOD OF EMPLOYMENT

Preliminary

1.  A coal industry employee's period of employment shall be computed in weeks in accordance with this Appendix.

General provisions as to the period of employment

2.—(1) Except so far as is otherwise provided by the following provisions of this Appendix, any week which does not count under paragraph 3, 4, 5 or 6 of this Appendix breaks the continuity of the period of employment.

(2) During any week which breaks the continuity of the period of employment a coal industry employee shall not be treated as being in the employment of a coal industry employer.

Normal working weeks

3.  Any week in which a coal industry employee is employed for 16 hours or more by a coal industry employer shall count in computing a period of employment.

Employment governed by contract

4.  Any week during the whole or part of which a coal industry employee's relations with a coal industry employer are governed by a contract of employment which normally involves employment for 16 hours or more weekly shall count in computing a period of employment.

Absence from work

5.—(1) If in any week a coal industry employee is for the whole or part of that week—

(a)incapable of work in consequence of sickness or injury; or

(b)absent from work on account of a temporary cessation of work; or

(c)absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of a coal industry employer for all or any purposes,

that week shall, notwithstanding that it does not fall within paragraph 3 or 4 of this Appendix, count as a period of employment.

(2) Not more than 26 weeks shall count under head (a) of the foregoing sub-paragraph between any two periods falling within paragraph 3 or 4 of this Appendix.

Industrial disputes

6.  If during any week a coal industry employee was for the whole or any part of that week absent from work because he was taking part in a strike that week shall count as a period of employment.

Interpretation

7.  In this Appendix, unless the context otherwise requires—

period of employment” means period of employment by a coal industry employer and in the case of paragraph 1 by any other employer at a coal mine or at a prescribed place prior to 1st January 1947;

strike” means the cessation of work by a body of coal industry employees acting in combination or a concerted refusal or refusal under a common understanding of any number of coal industry employees to continue to work for a coal industry employer in consequence of a dispute undertaken as a means of compelling that coal industry employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment.

Appendix 4

Part 1TABLE OF PRE-REDUNDANCY EARNINGS AND WEEKLY PAYMENTS

Article 5(1)(a)

Column 1Column 2
Amount of pre-redundancy earningsWeekly sum payable under Article 5(1)(a)
Exceedingbut not exceeding
£p£p£p
0.0036.505.23
36.5036.755.27
36.7537.005.41
37.0037.255.54
37.2537.505.67
37.5037.755.80
37.7538.005.94
38.0038.256.07
38.2538.506.20
38.5038.756.34
38.7539.006.47
39.0039.256.60
39.2539.506.74
39.5039.756.87
39.7540.007.00
40.0040.257.13
40.2540.507.27
40.5040.757.40
40.7541.007.53
41.0041.257.67
41.2541.507.80
41.5041.757.93
41.7542.008.07
42.0042.258.20
42.2542.508.33
42.5042.758.46
42.7543.008.60
43.0043.258.73
43.2543.508.86
43.5043.759.00
43.7544.009.13
44.0044.259.26
44.2544.509.40
44.5044.759.53
44.7545.009.66
45.0045.259.79
45.2545.509.93
45.5045.7510.06
45.7546.0010.19
46.0046.2510.33
46.2546.5010.46
46.5046.7510.59
46.7547.0010.73
47.0047.2510.86
47.2547.5010.99
47.5047.7511.12
47.7548.0011.26
48.0048.2511.39
48.2548.5011.52
48.5048.7511.66
48.7549.0011.79
49.0049.2511.92
49.2549.5012.06
49.5049.7512.19
49.7550.0012.32
50.0050.2512.45
50.2550.5012.59
50.5050.7512.72
50.7551.0012.85
51.0051.2512.99
51.2551.5013.12
51.5051.7513.25
51.7552.00 13.39
52.0052.2513.52
52.2552.5013.65
52.5052.7513.78
52.7553.0013.92
53.0053.2514.05
53.2553.5014.18
53.5053.7514.32
53.7554.0014.45
54.0054.2514.58
54.2554.5014.72
54.5054.7514.85
54.7555.0014.98
55.0055.2515.11
55.2555.5015.25
55.5055.7515.38
55.7556.0015.51
56.0056.2515.65
56.2556.5015.78
56.5056.7515.91
56.7557.0016.05
57.0057.2516.18
57.2557.5016.31
57.5057.7516.44
57.7558.0016.58
58.0058.2516.71
58.2558.5016.84
58.5058.7516.98
58.7559.0017.11
59.0059.2517.24
59.2559.5017.38
59.5059.7517.51
59.7560.0017.64
60.0060.2517.77
60.2560.5017.91
60.5060.7518.04
60.7561.0018.17
61.0061.2518.31
61.2561.5018.44
61.5061.7518.57
61.7562.0018.71
62.0062.2518.84
62.2562.5018.97
62.5062.7519.10
62.7563.0019.24
63.0063.2519.37
63.2563.5019.50
63.5063.7519.64
63.7564.0019.77
64.0064.2519.90
64.2564.5020.04
64.5064.7520.17
64.7565.0020.30
65.0065.2520.43
65.2565.5020.57
65.5065.7520.70
65.7566.0020.83
66.0066.2520.97
66.2566.5021.10
66.5066.7521.23
66.7567.0021.37
67.0067.2521.50
67.2567.5021.63
67.5067.7521.76
67.7568.0021.90
68.0068.2522.03
68.2568.5022.16
68.5068.7522.30
68.7569.0022.43
69.0069.2522.56
69.2569.5022.70
69.5069.7522.83
69.7570.0022.96
70.0070.2523.09
70.2570.5023.23
70.5070.7523.36
70.7571.0023.49
71.0071.2523.63
71.2571.5023.76
71.5071.7523.89
71.7572.0024.03
72.0072.2524.16
72.2572.5024.29
72.5072.7524.42
72.7573.0024.56
73.0073.2524.69
73.2573.5024.82
73.5073.7524.96
73.7574.0025.09
74.0074.2525.22
74.2574.5025.36
74.5074.7525.49
74.7575.0025.62
75.0075.2525.75
75.2575.5025.89
75.5075.7526.02
75.7576.0026.15
76.0076.2526.29
76.2576.5026.42
76.5076.7526.55
76.7577.0026.69
77.0077.2526.82
77.2577.5026.95
77.5077.7527.08
77.7578.0027.22
78.0078.2527.35
78.2578.5027.48
78.5078.7527.62
78.7579.0027.75
79.0079.2527.88
79.2579.5028.02
79.5079.7528.15
79.7580.0028.28
80.00 AND OVER28.42

Part 2TABLE OF PRE-REDUNDANCY EARNINGS AND WEEKLY PAYMENTS

Article 5(1)(b)

Column 1Column 2
Amount of pre-redundancy earningsWeekly sum payable under Article 5(1)(b)
Exceedingbut not exceeding
£p£p£p
0.0039.256.16
39.2539.506.30
39.5039.756.43
39.7540.006.56
40.0040.256.70
40.2540.506.84
40.5040.756.97
40.7541.007.10
41.0041.257.25
41.2541.507.38
41.5041.757.51
41.7542.007.65
42.0042.257.78
42.2542.507.92
42.5042.758.05
42.7543.008.19
43.0043.258.32
43.2543.508.46
43.5043.758.60
43.7544.008.74
44.0044.258.86
44.2544.509.00
44.5044.759.14
44.7545.009.27
45.0045.259.40
45.2545.509.55
45.5045.759.68
45.7546.009.81
46.0046.259.94
46.2546.5010.09
46.5046.7510.22
46.7547.0010.35
47.0047.2510.49
47.2547.5010.62
47.5047.7510.76
47.7548.0010.89
48.0048.2511.03
48.2548.5011.16
48.5048.7511.30
48.7549.0011.44
49.0049.2511.57
49.2549.5011.70
49.5049.7511.84
49.7550.0011.98
50.0050.2512.11
50.2550.5012.24
50.5050.7512.39
50.7551.0012.52
51.0051.2512.65
51.2551.5012.78
51.5051.7512.93
51.7552.0013.06
52.0052.2513.19
52.2552.5013.33
52.5052.7513.46
52.7553.0013.60
53.0053.2513.73
53.2553.5013.87
53.5053.7514.00
53.7554.0014.14
54.0054.2514.28
54.2554.5014.41
54.5054.75 14.54
54.7555.0014.68
55.0055.2514.82
55.2555.5014.95
55.5055.7515.08
55.7556.0015.23
56.0056.2515.36
56.2556.5015.49
56.5056.7515.63
56.7557.0015.77
57.0057.2515.90
57.2557.5016.03
57.5057.7516.17
57.7558.0016.30
58.0058.2516.44
58.2558.5016.58
58.5058.7516.71
58.7559.0016.84
59.0059.2516.98
59.2559.5017.12
59.5059.7517.25
59.7560.0017.38
60.0060.2517.53
60.2560.5017.66
60.5060.7517.79
60.7561.0017.92
61.0061.2518.07
61.2561.5018.20
61.5061.7518.33
61.7562.0018.47
62.0062.2518.60
62.2562.5018.74
62.5062.7518.87
62.7563.0019.01
63.0063.2519.14
63.2563.5019.28
63.5063.7519.42
63.7564.0019.55
64.0064.2519.68
64.2564.5019.82
64.5064.7519.96
64.7565.0020.09
65.0065.2520.22
65.2565.5020.37
65.5065.7520.50
65.7566.0020.63
66.0066.2520.76
66.2566.5020.91
66.5066.7521.04
66.7567.0021.17
67.0067.2521.31
67.2567.5021.44
67.5067.7521.58
67.7568.0021.71
68.0068.2521.85
68.2568.5021.98
68.5068.7522.12
68.7569.0022.26
69.0069.2522.39
69.2569.5022.52
69.5069.7522.66
69.7570.0022.80
70.0070.2522.93
70.2570.5023.06
70.5070.7523.21
70.7571.0023.34
71.0071.2523.47
71.2571.5023.61
71.5071.7523.75
71.7572.0023.88
72.0072.2524.01
72.2572.5024.15
72.5072.7524.28
72.7573.0024.42
73.0073.2524.56
73.2573.5024.69
73.5073.7524.82
73.7574.0024.96
74.0074.2525.10
74.2574.5025.23
74.5074.7525.36
74.7575.0025.51
75.0075.2525.64
75.2575.5025.77
75.5075.7525.90
75.7576.0026.05
76.0076.2526.18
76.2576.5026.31
76.5076.7526.45
76.7577.0026.59
77.0077.2526.72
77.2577.5026.85
77.5077.7526.99
77.7578.0027.12
78.0078.2527.26
78.2578.5027.40
78.5078.7527.53
78.7579.0027.66
79.0079.2527.80
79.2579.5027.94
79.5079.7528.07
79.7580.0028.20
80.00 AND OVER28.35

Article 14

Appendix 5TABLE OF LUMP SUM PAYMENTS

Column 1 Column 2
Age of coal industry employee on the relevant dateSums payable in respect of each completed year of service after a coal industry employee's 20th birthday
35 years but less than 35 years 4 months£5
35 years 4 months but less than 35 years 8 months£10
35 years 8 months but less than 36 years£15
36 years but less than 36 years 4 months£20
36 years 4 months but less than 36 years 8 months£25
36 years 8 months but less than 37 years£30
37 years but less than 37 years 4 months£35
37 years 4 months but less than 37 years 8 months£40
37 years 8 months but less than 38 years£45
38 years but less than 55 years£50
55 years but less than 65 years in the case of a man, or 60 years in the case of a woman, and not eligible to receive benefit under Article 5.£50

EXPLANATORY NOTE

This Order establishes under the Coal Industry Act 1977 schemes for the payment of benefits to mineworkers and other coal industry employees made redundant between 25th March 1978 and 29th March 1981, and for the re-imbursement of the National Coal Board for the cost of providing concessionary coal to redundant men.

The schemes prescribe the classes of persons eligible and the conditions they must fulfil in order to qualify for benefit.

The schemes retain the pattern of benefits of earlier schemes. Men made redundant between age 55 and 65 receive a weekly sum equal to 95% of their net earnings in the previous tax year, taking account of other State benefits, for three years or until they reach age 65; if they are still under 65 at the end of three years, they receive a weekly sum equal to the current rate of unemployment benefit (plus their mineworker's pension) until they reach age 65. Men made redundant between age 35 and 55 receive a lump sum which varies with their length of service. Men made redundant at age 55 or over receive concessionary coal under the Board's existing arrangements. The full cost of this is re-imbursed to the Board until the man reaches age 60, and thereafter half the cost. For men made redundant over age 60 half the cost is re-imbursed. The principal changes from earlier schemes are the provision of a new table of basic weekly benefits adjusted to take account of changes in the level of unemployment benefit, the increase in the minimum benefit payable from £5.23 to £6.16 and the increase of rent allowance under Article 5 from £1 to £1.50.

The Order comes into operation on 25th March 1978.

(1)

S.I. 1971/553, 1972/335, 1973/1268.

(2)

S.I. 1973/1268, 1976/495.

(3)

S.I. 1975/545, 1976/495, 1977/524.

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