Social Security (Miscellaneous Provisions) Act 1977

Industrial injuries and diseases

9 Industrial death benefit in certain cases of death from pulmonary disease

(1) If after the passing of this Act a person dies as a result of any pulmonary disease and—

(a) he was entitled, for a period which includes the date of his death, to disablement benefit in respect of pneumoconiosis or byssinosis or pneumoconiosis accompanied by tuberculosis; and

(b) the extent of the disablement in respect of which the benefit was payable was assessed for such a period at not less than 50 per cent,

then, subject to the following subsection, his death shall be treated, for the purposes of the enactments relating to industrial death benefit, as having been caused by the disease aforesaid in respect of which the benefit was payable.

(2) Unless regulations provide otherwise, the requirements of paragraph (b) of the preceding subsection shall be treated as unsatisfied in a case where, had the physical condition of the deceased at the time of the assessment been normal apart from the diseases mentioned in paragraph (a) of that subsection, the extent of the disablement in question would have been assessed at less than 50 per cent.

10 Revocation of Silicosis Schemes and abolition of boards administering Pneumoconiosis etc and Supplementation Schemes

(1) The [S.R. & O. 1931 Nos. 345, 346.] Refractories Industries (Silicosis) Scheme 1931 and the Sandstone Industry (Silicosis) Scheme 1931, as amended, are hereby revoked; and Part I of Schedule 1 to this Act shall have effect in connection with the revocation of those schemes (and in particular for the purpose of securing that benefit under either of those schemes is replaced by benefit under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966).

(2) The Administrative Board established by Article 11 of the [S.R. & O. 1966 Nos. 164, 165.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 for the administration of that scheme and the Board established by Article 11 of the Workmen's Compensation (Supplementation) Scheme 1966 for the administration of that scheme are hereby abolished; and Part II of Schedule 1 to this Act shall have effect in connection with the abolition of those boards.

11 Miscellaneous amendments of Old Cases Act

(1) The Old Cases Act shall have effect with the following amendments, namely—

(a) in section 4(4)(a) (under which a scheme may include provision for the constitution of a board to be charged with the general administration of the scheme) for the words " the constitution of a board " and " the board " there shall be substituted the words " the Secretary of State "; and

(b) in section 4(5) (which includes provision for the remuneration of members of a board) the words " may pay to members of any board constituted by a scheme such remuneration or allowances, and " and the word " other " where it first occurs shall be omitted.

(2) In subsection (2) of section 6 of that Act (under which benefit as a result of byssinosis is not to be paid for a person unless he was employed for not less than 10 years in an occupation which is prescribed in relation to that disease) for the words " 10 years " there shall be substituted the words " 5 years ",

and after subsection (4) of that section there shall be inserted the following subsection—

(5) The Secretary of State may by regulations made by statutory instrument provide that subsection (2) of this section shall have effect as if for the reference to 5 years there were substituted a reference to a different period specified in the regulations; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In section 7(5) of that Act (under which death benefit in pursuance of a scheme under section 5 of that Act may only be paid to members of the deceased's family who at the time of his death were dependent on his earnings) the words from " who " to " earnings " shall be omitted.

(4) In section 8 of that Act paragraph (b) of subsection (3) (which relates to the determination of questions by a Commissioner appointed or a tribunal established under the principal Act), subsection (5) (under which a scheme under section 5 of that Act may provide for the county court to administer death benefit payable in pursuance of the scheme) and subsection (6) (which modifies subsection (5) in its application to Scotland) shall cease to have effect.

(5) In section 14(4)(b) of that Act (under which a person may be treated for the purposes of that Act as, and as likely to remain, totally incapable of work if the relevant disability is likely to prevent him from earning more than £104 a year) for the words " £104 a year " there shall be substituted the words " in a year such amount as is for the time being prescribed in pursuance of section 58(3) of the Social Security Act ".

(6) Paragraph (a) of section 4(8) of that Act (which specifies the cases in which a scheme under that Act is not to be made unless a draft of it has been approved by resolution of each House of Parliament) shall not apply to a scheme under that Act which—

(a) is made during the period of six months beginning with the date when this subsection comes into force; and either

(b) contains a declaration that it is made only in consequence of the enactment of any provisions of subsections (3) and (4) of this section ; or

(c) contains a declaration that it is made only in consequence of the enactment of any provisions of subsection (2) of the preceding section and Part II of Schedule 1 to this Act and to make amendments, in the schemes mentioned in that subsection, relating to the payment of allowances during imprisonment and to applications to undergo medical examination and an amendment to add to the diseases to which the first scheme so mentioned applies;

but a scheme to which by virtue of this subsection the said paragraph (a) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.