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There are currently no known outstanding effects for the The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983, Section 1.
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1.—(1) This scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 , and shall come into operation on 16th March 1983.
(2) In this scheme, unless the context otherwise requires—
“the Act” means
[F1“the 1998 Act” means the Social Security Act 1998;]
“the Social Security Act” means
“the Industrial Diseases (Benefit) Acts” means
“the Workmen's Compensation Acts” means
“the Administrative Board”
“allowance” means
[F1“the appropriate determining authority” means
[F3‘asbestosis’ means
“beneficiary” means
“child benefit” means
[F1“claimant” means
“corresponding disablement pension rate” means
“death benefit” means
[F4“foundry” means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely the drying and subsequent preparation of moulds and cores, knock-out operations and dressing or fettling operations;]
[F1“medical practitioner” means
“medical board” means
“a specially qualified medical practitioner” means
“pneumoconiosis” means
“relevant injury or disease” in relation to any person means
“workmen's compensation” means
(3) For the purposes of this scheme—
(a)a claim for an allowance in respect of total disablement or total incapacity for work for a considerable period made by a person who has previously been awarded an allowance in respect of partial disablement shall be treated, for the purposes of the provisions relating to the making of claims, as a separate claim;
(b)a period shall be treated as considerable if it lasts or can be expected to last for not less than 13 weeks;
(c)a person may be treated as being, as the result of pneumoconiosis, byssinosis or any of the diseases set out in Schedule 1 hereto, or as the joint result of such a disease and one or more other relevant injuries or diseases, totally incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the disease or, as the case may be, diseases or injuries 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 in pursuance of section 58(3) of the Social Security Act (unemployability supplement).
(4) For the purposes of this scheme, 2 persons shall not be treated as having ceased to reside together if they would not have been so treated under regulation 2 of the Local Security Benefit (Persons Residing Together) Regulations 1977 (circumstances in which persons are not to be treated as having ceased to reside together).
(5) Except insofar as the context otherwise requires—
(a)any reference in this scheme to a numbered Part, article or Schedule is a reference to the Part, article or Schedule of or to this scheme bearing that number;
(b)any reference in an article to a numbered paragraph is to the paragraph of that article bearing that number; and
(c)any reference in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Textual Amendments
F1Words in art. 1(2) inserted (5.7.1999) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), art. 1, Sch. 7 para. 1
F2Words in art. 1(2) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 31
F3Art. 1(2) entry inserted (1.4.1985) by The Pneumoconiosis, Byssinosis, and Miscellaneous Diseases Benefit (Amendment) Scheme 1985 (S.I. 1985/491), arts. 1, 2
F4Words in art. 1(2) inserted (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 2
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