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

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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.

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