Part IIIInterpretation
8(1)In this Schedule, except where the context otherwise requires—
“corresponding disablement pension rate” means the weekly rate for the time being of a disablement pension in respect of an assessment of 100 per cent.;
“the 1967 Act” means the [1967 c. 34.] Industrial Injuries and Diseases (Old Cases) Act 1967;
“injury pension” includes any pension or similar benefit payable in respect of a person’s employment or former employment, being a pension or benefit which would not be payable or would be payable at a less rate but for an injury or disease referable to that employment;
“the original Industrial Injuries Act” means the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946;
“prescribed”, in relation to an occupation and a disease to which paragraph 4 above applies, means any occupation in the case of which, by virtue of regulations under section 108 of this Act that disease is prescribed in relation to earners employed in employed earners' employment;
“workmen’s compensation” means compensation under any of the Workmen’s Compensation Acts or under any contracting-out scheme duly certified under any of those Acts;
“the Workmen’s Compensation Acts” means the [1925 c. 84.] Workmen’s Compensation Acts 1925 to 1945, or the enactments repealed by the Workmen’s Compensation Act 1925, or the enactments repealed by the [1906 c. 58.] Workmen’s Compensation Act 1906 .
(2)Without prejudice to sub-paragraph (3) below, in the case of a person who suffers from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis may be treated, for the purposes of any scheme under paragraph 2 or 4 above, as if they were effects of the pneumoconiosis.
(3)In the case of a person the extent of whose disablement resulting from pneumoconiosis, or from pneumoconiosis accompanied by tuberculosis, would if his physical condition were otherwise normal, be determined in accordance with a scheme under paragraph 2 or 4 above to be of a gravity comparable to an assessment at not less than 50 per cent., and the pneumoconiosis is accompanied or, as the case may be, further accompanied by emphysema or chronic bronchitis, the effects of the emphysema or chronic bronchitis may be treated for the purposes of any such scheme as if they were effects of the pneumoconiosis.
(4)In sub-paragraph (1) above, in the definition of “prescribed”, the reference to regulations shall be construed, in relation to any scheme under paragraph 4 above, as a reference to the regulations in force at the commencement of the scheme or at such time thereafter as may be prescribed by the scheme, whether regulations under section 76 of the 1975 Act, section 56 of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 or section 108 above.
(5)For the purposes of this Schedule—
(a)a period shall be treated as considerable if it lasts or can be expected to last for not less than 13 weeks;
(b)a person may be treated as being, as the result of an injury or disease or as the joint result of two or more injuries or diseases, totally incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the injury or disease or, as the case may be, from the injuries or diseases taken together is not such as to prevent him from being capable of work, if it is likely to prevent his earnings (including any remuneration or profit derived from a gainful occupation) exceeding in a year such amount as is for the time being prescribed for purposes of unemployability supplement.
(6)For the purposes of paragraphs 6 and 7 above paragraph 4 of Schedule 3 to the 1986 Act and paragraph 1 of Schedule 7 to this Act shall be deemed not to have been enacted.