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

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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.

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