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

Definitions

1.  In this Schedule, unless the context otherwise requires:—

“the basic benefit” means the total amount payable under Article 5;

“the Board” means the National Coal Board;

“coal industry employee” has the meaning assigned thereto in Article 2;

“coal industry employer”in relation to any person employed by the Board, by one of their subsidiaries or by a small mine licensee means the Board, that subsidiary or the small mine licensee as the case may be, and in relation to any person who is a workmen's employee means the person or persons responsible for the payment of such person's remuneration;

“concessionary coal” has the meaning assigned thereto in section 7(8) of the Act;

“disablement pension” means disablement pension under section 57 of the Social Security Act 1975;

“earnings related supplement” means an increase of unemployment or sickness benefit under section 14(7) of the Social Security Act 1975;

“the former Schemes” means the Redundant Mineworkers Payments Schemes set out in the Schedules to the Redundant Mineworkers (Payments Scheme) Order 1968 as amended(1), the Redundant Mineworkers (Payments Scheme) Order 1972 as amended(2), and the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973 as amended(3);

“house” has the same meaning as in section 58(1) of the Housing (Financial Provisions) Act 1958;

“industrial accident” means any accident arising out of or in the course of employment;

“industrial disease” means any disease or personal injury for the time being prescribed under section 76 of the Social Security Act 1975;

“injury benefit” means industrial injury benefit under section 56 of the Social Security Act 1975;

“invalidity pension” means invalidity pension under section 15 of the Social Security Act 1975;

“Mineworkers' Pension Scheme” means the Mineworkers' Pension Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1950;

“National Coal Board Industrial Death and Retirement Scheme” means the National Coal Board Industrial Death and Retirement Scheme established by the Board pursuant to a resolution dated 6th March 1970;

“pre-redundancy earnings” means—

(a)

in relation to any person employed as a coal industry employee during the relevant tax year who had earnings from that employment in not less than 13 weeks of that year, that person's average weekly earnings during that year in the grade in which he was employed at the relevant date;

(b)

in relation to any other person, the average weekly earnings which it is calculated that he would have received if he had been employed as a coal industry employee during the whole of the relevant tax year, having such regard as the Secretary of State may consider appropriate to the average weekly earnings of other coal industry employees employed in the same grade by that same employer, during the whole of that year,

there being left out of account, in any calculation of average weekly earnings, any contributions paid by the employer towards the cost of transport and any payments made by him in lieu of earnings during any period of involuntary or authorised absence;

“prescribed place” means a place of a class specified in Appendix 1;

“redundant person” has the meaning assigned thereto in Article 4;

“relevant date” has the same meaning as in sections 3(4) or 4(2) of the Redundancy Payments Act 1965 as the case may be;

“the relevant tax year” means the last complete income tax year before the relevant date;

“sickness benefit” means sickness benefit under section 14 of the Social Security Act 1975;

“self-employed” means a self-employed earner for the purposes of section 2(1)(b) of the Social Security Act 1975;

“small mine licensee” means any individual working coal by virtue of the grant of a gale in the Forest of Dean or in any other part of the Hundred of St Briavels and any person or body of persons for the time being engaged in coal mining activities by virtue of a licence granted by the Board under section 36(2)(a) of the Coal Industry Nationalisation Act 1946;

“special hardship allowance” means an increase of disablement pension under section 60 of the Social Security Act 1975;

“the Staff Superannuation Scheme” means the National Coal Board Superannuation Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1946;

“subsidiary” shall be construed in accordance with section 154 of the Companies Act 1948;

“supplementary allowance” means supplementary allowance under section 4 of the Supplementary Benefit Act 1966;

“the Supplementary Benefits Commission” means the Commission established with that name by section 3 of the Supplementary Benefit Act 1966;

“supplementary pension” means supplementary pension under section 4 of the Supplementary Benefit Act 1966;

“unemployment benefit” means unemployment benefit under section 14 of the Social Security Act 1975;

“week” means a period of seven days beginning with midnight between Saturday and Sunday;

“workmen's employee” means any person who is employed at a coal mine or a prescribed place being a person remunerated out of moneys provided by deductions from the wages of or contributions by employees of a coal industry employer;

“year” means a period of 52 weeks;

and references to any enactment, order, regulation or scheme shall be construed as references to the same as amended up to the date on which this Order was made.

(1)

S.I. 1971/553, 1972/335, 1973/1268.

(2)

S.I. 1973/1268, 1976/495.

(3)

S.I. 1975/545, 1976/495, 1977/524.