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The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1984

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Statutory Instruments

1984 No. 453

SOCIAL SECURITY

The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1984

Made

26th March 1984

Laid before Parliament

2nd April 1984

Coming into Operation

23rd April 1984

The Secretary of State for Social Services, after consultation with the Council on Tribunals in so far as is required by section 10 of the Tribunals and Inquiries Act 1971, and with the consent of the Treasury, in exercise of the powers conferred by sections 2, 4(2), (3), (4), (8) and 8(1) and (3) of the Industrial Injuries and Diseases (Old Cases) Act 1975(1) and of all other powers enabling him in that behalf, by this instrument, which is made in consequence of section 25 of and Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 and which is accordingly exempt from the requirement of section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (scheme not to be made unless a draft of that scheme has been approved by resolution of each House of Parliament)(2), hereby makes the following scheme:—

Citation, interpretation and commencement

1.  This scheme, which may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1984, shall be read as one with the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983(3) (“the principal scheme”) and shall come into operation on 23rd April 1984.

Amendment of the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

2.  (1)  The principal scheme shall be amended in accordance with the following provisions of this article.

(2) In article 12 of the principal scheme for the reference to the Social Security (Determination of Claims and Questions) Regulations 1975 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1984.

(3) In Schedule 3 to the principal scheme for the entries relating to the Social Security (Determination of Claims and Questions) Regulations 1975 there shall be substituted the following entries—

The Social Security (Adjudication) Regulations 1984
Regulation 2Procedure in connection with determinations; and right to representation.
Regulation 3Manner of making applications, appeals or references; and time limits.
Regulation 4Oral hearings.
Regulation 5Postponement and adjournment.
Regulation 6Withdrawal of appeals, applications for leave to appeal and references.
Regulation 7Medical references.
Regulation 8Non-disclosure of medical evidence.
Regulation 9Correction of accidental errors in decisions.
Regulation 10Setting aside of decisions on certain grounds.
Regulation 11Provisions common to regulations 9 and 10.
Regulation 17Procedure on claim or question involving question for determination by the Secretary of State.
Regulation 18Oral hearing of appeals and references.
Regulation 19Decisions of appeal tribunals.
Regulation 26Procedure before Commissioner on application for leave to appeal or appeal.
Regulation 83Review of decisions involving payment or increase of industrial injuries benefit.
Regulation 85Adjustment of industrial injuries benefit on review or appeal.

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Parliamentary Under-Secretary of State

Department of Health and Social Security

22nd March 1984

We consent.

Alastair Goodlad

Donald Thompson

Two of the Lords Commissioners of Her Majesty's Treasury

26th March 1984

EXPLANATORY NOTE

This scheme makes amendments to the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (“the principal scheme”) consequential on the passing of the Health and Social Services and Social Security Adjudications Act 1983 and the making of the Social Security (Adjudication) Regulations 1984.

It substitutes for the references to the Social Security (Determination of Claims and Questions) Regulations 1975 (S.I. 1975/558) in article 12 of and Schedule 3 to the principal scheme references to the corresponding provisions of the Social Security (Adjudication) Regulations 1984.

(1)

, as amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 11(1).

(2)

See Health and Social Services and Social Security Adjudications Act 1983, Schedule 8, paragraph 31(4).

(3)

, to which there is an amendment not relevant to this Scheme.

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