1990 No. 2538

SOCIAL SECURITY

The Workmen’s Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990

Made10th December 1990

Laid before Parliament19th December 1990

Coming into force9th January 1991

The Secretary of State for Social Security, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 19711 and with the consent of the Treasury, in exercise of the powers conferred by sections 2, 4(2), (3), (4) and (8), 5(1) and 8(1) of the Industrial Injuries and Diseases (Old Cases) Act 19752 and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation and commencement1

This Scheme, which may be cited as the Workmen’s Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990, shall come into force on 9th January 1991.

Workmen’s Compensation (Supplementation) Scheme2

1

The Workmen’s Compensation (Supplementation) Scheme 19823 shall be read as one with the following provisions of this article.

2

The Workmen’s Compensation (Supplementation) Scheme 1982 shall be varied in the following respects —

a

in articles 2(1), 4(1), 5(1) and 36 for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”;

b

in article 11 for the reference to the Social Security (Claims and Payments) Regulations 19794 there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 19875;

c

in article 12 —

i

for the reference to the Social Security (Adjudication) Regulations 19846 there shall be substituted a reference to the Social Security (Adjudication) Regulations 19867; and

ii

after the reference to the Social Security (Adjudication) Regulations there shall be added “and of the Social Security Commissioners Procedure Regulations 19878 and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 19889”;

d

in articles 23(1) and 26(8) for the words “National Insurance Fund” there shall be substituted the words “Secretary of State”; and

e

for Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to this Scheme.

Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme3

1

The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 198310 shall be read as one with the following provisions of this article.

2

The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 shall be varied in the following respects —

a

in articles 2(1) and 31 for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”;

b

in article 11 for the reference to the Social Security (Claims and Payments) Regulations 197911 there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 198712;

c

in article 12 —

i

for the reference to the Social Security (Adjudication) Regulations 1984 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986; and

ii

after the reference to the Social Security (Adjudication) Regulations there shall be added “and of the Social Security Commissioners Procedure Regulations 1987 and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988”;

d

in articles 23(1), 24 and 26(8) for the words “National Insurance Fund” there shall be substituted the words “Secretary of State”; and

e

for Schedule 3 there shall be substituted the Schedule set out in Schedule 2 to this Scheme.

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

Nicholas ScottMinister of State,Department of Social Security29th November 1990

We consent,

John MajorNorman LamontTwo of the Lords Commissioners of Her Majesty’s Treasury10th December 1990

SCHEDULE 1

Article 2(2)(e)

SCHEDULE 2PROVISIONS OF THE SOCIAL SECURITY ACT OR REGULATIONS APPLICABLE (WITH THE NECESSARY MODIFICATIONS) TO THIS SCHEME
Articles 11 and 12
Provisions of the Social Security Act or Regulations applicable
Subject matter
Social Security Act 197513
Section 99
Decision of adjudication officer
Section 100
Appeal to social security appeal tribunal
Section 101
Appeal from social security appeal tribunal to Commissioner
Section 102
Questions first arising on appeal
Section 104
Review of decisions
Section 115A
Referral of questions of special difficulty to experts
The Social Security (Claims and Payments) Regulations 198714
Regulation 4
Making a claim for benefit
Regulation 5
Amendment and withdrawal of claim
Regulation 6
Date of claim
Regulation 16
Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
Regulation 17
Duration of awards
Regulation 20
Time and manner of payment: general provision
Regulation 21
Direct credit transfer
Regulation 22
Long term benefits
Regulation 25
Payment of attendance allowance and constant attendance allowance at a daily rate
Regulation 28
Fractional amounts of benefit
Regulation 30
Payments on death
Regulation 33
Persons unable to act
Regulation 37
Suspension of benefit
Regulation 38
Extinguishment of right to payment where not obtained within pre-scribed period
Regulation 47
Instruments of payment
The Social Security(Adjudication) Regulations 198615
Regulation 2
Procedure in connection with determinations; and right to representation
Regulation 3
Manner of making applications, appeals or references; and time limits
Regulation 4
Oral hearings and inquiries
Regulation 5
Postponement and adjournment
Regulation 6
Withdrawal of applications, appeals and references
Regulation 9
Non-disclosure of medical evidence
Regulation 10
Correction of accidental errors in decisions
Regulation 11
Setting aside decisions on certain grounds
Regulation 12
Provisions common to regulations 10 and 11
Regulation 21
Procedure on claim or question involving questions for determination by the Secretary of State
Regulation 24
Oral hearing of appeals and references
Regulation 25
Decisions of appeal tribunals
Regulation 66
Review of decisions involving payment or increase of industrial injuries benefit
The Social Security (General Benefit) Regulations 198216
Regulation 3
Suspension of payment of benefit during imprisonment etc.
The Social Security Commissioners Procedure Regulations 198717
Regulation 3
Application to a Commissioner for leave to appeal
Regulation 4
Notice of application to a Commissioner for leave to appeal
Regulation 5
Determination of application
Regulation 6
Notice of appeal
Regulation 7
Time limit for appealing
Regulation 9
Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 10
Respondent’s written observations
Regulation 11
Written observations in reply
Regulation 12
Directions
Regulation 13
Medical references
Regulation 14
Non-disclosure of medical evidence
Regulation 15
Requests for oral hearings
Regulation 16
Representations at an oral hearing
Regulation 17
Oral hearings
Regulation 18
Summoning of witnesses
Regulation 19
Postponement and adjournment
Regulation 20
Withdrawal of applications for leave to appeal, appeals and references
Regulation 21
Irregularities
Regulation 22
Determinations and decisions of a Commissioner
Regulation 24
Correction of accidental errors in decisions
Regulation 25
Setting aside of decisions on certain grounds
Regulation 26
Provisions common to regulations 24 and 25
Regulation 27
General powers of a Commissioner
Regulation 29
Delegation of functions to nominated officers
Regulation 30
Manner of and time for service of notices, etc.
Regulation 31
Application to a Commissioner for leave to appeal to the Courts
Regulation 32
Revocation
Social Security (Payments on account, Overpayments and Recovery) Regulations 198818
Regulation 5
Offsetting prior payment against subsequent award

Provisions of the Social Security Act or Regulations applicable	Subject matter
Social Security Act 197513
Section 99	Decision of adjudication officer
Section 100	Appeal to social security appeal tribunal
Section 101	Appeal from social security appeal tribunal to Commissioner
Section 102	Questions first arising on appeal
Section 104	Review of decisions
Section 115A	Referral of questions of special difficulty to experts
The Social Security (Claims and Payments) Regulations 198714
Regulation 4	Making a claim for benefit
Regulation 5	Amendment and withdrawal of claim
Regulation 6	Date of claim
Regulation 16	Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
Regulation 17	Duration of awards
Regulation 20	Time and manner of payment: general provision
Regulation 21	Direct credit transfer
Regulation 22	Long term benefits
Regulation 25	Payment of attendance allowance and constant attendance allowance at a daily rate
Regulation 28	Fractional amounts of benefit
Regulation 30	Payments on death
Regulation 33	Persons unable to act
Regulation 37	Suspension of benefit
Regulation 38	Extinguishment of right to payment where not obtained within pre-scribed period
Regulation 47	Instruments of payment
The Social Security(Adjudication) Regulations 198615
Regulation 2	Procedure in connection with determinations; and right to representation
Regulation 3	Manner of making applications, appeals or references; and time limits
Regulation 4	Oral hearings and inquiries
Regulation 5	Postponement and adjournment
Regulation 6	Withdrawal of applications, appeals and references
Regulation 9	Non-disclosure of medical evidence
Regulation 10	Correction of accidental errors in decisions
Regulation 11	Setting aside decisions on certain grounds
Regulation 12	Provisions common to regulations 10 and 11
Regulation 21	Procedure on claim or question involving questions for determination by the Secretary of State
Regulation 24	Oral hearing of appeals and references
Regulation 25	Decisions of appeal tribunals
Regulation 66	Review of decisions involving payment or increase of industrial injuries benefit
The Social Security (General Benefit) Regulations 198216
Regulation 3	Suspension of payment of benefit during imprisonment etc.
The Social Security Commissioners Procedure Regulations 198717
Regulation 3	Application to a Commissioner for leave to appeal
Regulation 4	Notice of application to a Commissioner for leave to appeal
Regulation 5	Determination of application
Regulation 6	Notice of appeal
Regulation 7	Time limit for appealing
Regulation 9	Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 10	Respondent’s written observations
Regulation 11	Written observations in reply
Regulation 12	Directions
Regulation 13	Medical references
Regulation 14	Non-disclosure of medical evidence
Regulation 15	Requests for oral hearings
Regulation 16	Representations at an oral hearing
Regulation 17	Oral hearings
Regulation 18	Summoning of witnesses
Regulation 19	Postponement and adjournment
Regulation 20	Withdrawal of applications for leave to appeal, appeals and references
Regulation 21	Irregularities
Regulation 22	Determinations and decisions of a Commissioner
Regulation 24	Correction of accidental errors in decisions
Regulation 25	Setting aside of decisions on certain grounds
Regulation 26	Provisions common to regulations 24 and 25
Regulation 27	General powers of a Commissioner
Regulation 29	Delegation of functions to nominated officers
Regulation 30	Manner of and time for service of notices, etc.
Regulation 31	Application to a Commissioner for leave to appeal to the Courts
Regulation 32	Revocation
Social Security (Payments on account, Overpayments and Recovery) Regulations 198818
Regulation 5	Offsetting prior payment against subsequent award

SCHEDULE 2

Article 3(2)(e)

SCHEDULE 3PROVISIONS OF THE SOCIAL SECURITY ACT OR REGULATIONS APPLICABLE (WITH THE NECESSARY MODIFICATIONS) TO THIS SCHEME
Articles 11 and 12
Provisions of the Social Security Act or Regulations applicable
Subject matter
Social Security Act 1975
Section 99
Decision of adjudication officer
Section 100
Appeal to social security appeal tribunal
Section 101
Appeal from social security appeal tribunal to Commissioner
Section 102
Questions first arising on appeal
Section 104
Review of decisions
Section 114
Regulations as to the determination of questions
Section 115A
Referral of questions of special difficulty to experts
The Social Security (Claims and Payments) Regulations 198719
Regulation 4
Making a claim for benefit
Regulation 5
Amendment and withdrawal of claim
Regulation 6
Date of claim
Regulation 16
Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
Regulation 17
Duration of awards
Regulation 20
Time and manner of payment: general provision
Regulation 21
Direct credit transfer
Regulation 22
Long term benefits
Regulation 25
Payment of attendance allowance and constant attendance allowance at a daily rate
Regulation 28
Fractional amounts of benefit
Regulation 30
Payments on death
Regulation 33
Persons unable to act
Regulation 37
Suspension of benefit
Regulation 38
Extinguishment of right to payment where not obtained within prescribed period
Regulation 47
Instruments of payment
The Social Security (Adjudication) Regulations 198620
Regulation 2
Procedure in connection with determinations; and right to representation
Regulation 3
Manner of making applications, appeals or references; and time limits
Regulation 4
Oral hearings and inquiries
Regulation 5
Postponement and adjournment
Regulation 6
Withdrawal of applications, appeals and references
Regulation 9
Non-disclosure of medical evidence
Regulation 10
Correction of accidental errors in decisions
Regulation 11
Setting aside decisions on certain grounds
Regulation 12
Provisions common to regulations 10 and 11
Regulation 19
Other questions for determination by the Secretary of State
Regulation 21
Procedure on claim or question involving questions for determination by the Secretary of State
Regulation 24
Oral hearing of appeals and references
Regulation 25
Decisions of appeal tribunals
Regulation 66
Review of decisions involving payment or increase of industrial injuries benefit
The Social Security (General Benefit) Regulations 198221
Regulation 3
Suspension of payment of benefit during imprisonment etc.
The Social Security Commissioners Procedure Regulations 198722
Regulation 3
Application to a Commissioner for leave to appeal
Regulation 4
Notice of application to a Commissioner for leave to appeal
Regulation 5
Determination of application
Regulation 6
Notice of appeal
Regulation 7
Time limit for appealing
Regulation 9
Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 10
Respondent’s written observations
Regulation 11
Written observations in reply
Regulation 12
Directions
Regulation 13
Medical references
Regulation 14
Non-disclosure of medical evidence
Regulation 15
Requests for oral hearings
Regulation 16
Representations at an oral hearing
Regulation 17
Oral hearings
Regulation 18
Summoning of witnesses
Regulation 19
Postponement and adjournment
Regulation 20
Withdrawal of applications for leave to appeal, appeals and references
Regulation 21
Irregularities
Regulation 22
Determinations and decisions of a Commissioner
Regulation 24
Correction of accidental errors in decisions
Regulation 25
Setting aside of decisions on certain grounds
Regulation 26
Provisions common to Regulations 24 and 25
Regulation 27
General powers of a Commissioner
Regulation 29
Delegation of functions to nominated officers
Regulation 30
Manner of and time for service of notices, etc.
Regulation 31
Application to a Commissioner for leave to appeal to the Courts
Regulation 32
Revocation
Social Security (Payments on account, Overpayments and Recovery) Regulations 198823
Regulation 5
Offsetting prior payment against subsequent award

Provisions of the Social Security Act or Regulations applicable	Subject matter
Social Security Act 1975
Section 99	Decision of adjudication officer
Section 100	Appeal to social security appeal tribunal
Section 101	Appeal from social security appeal tribunal to Commissioner
Section 102	Questions first arising on appeal
Section 104	Review of decisions
Section 114	Regulations as to the determination of questions
Section 115A	Referral of questions of special difficulty to experts
The Social Security (Claims and Payments) Regulations 198719
Regulation 4	Making a claim for benefit
Regulation 5	Amendment and withdrawal of claim
Regulation 6	Date of claim
Regulation 16	Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
Regulation 17	Duration of awards
Regulation 20	Time and manner of payment: general provision
Regulation 21	Direct credit transfer
Regulation 22	Long term benefits
Regulation 25	Payment of attendance allowance and constant attendance allowance at a daily rate
Regulation 28	Fractional amounts of benefit
Regulation 30	Payments on death
Regulation 33	Persons unable to act
Regulation 37	Suspension of benefit
Regulation 38	Extinguishment of right to payment where not obtained within prescribed period
Regulation 47	Instruments of payment
The Social Security (Adjudication) Regulations 198620
Regulation 2	Procedure in connection with determinations; and right to representation
Regulation 3	Manner of making applications, appeals or references; and time limits
Regulation 4	Oral hearings and inquiries
Regulation 5	Postponement and adjournment
Regulation 6	Withdrawal of applications, appeals and references
Regulation 9	Non-disclosure of medical evidence
Regulation 10	Correction of accidental errors in decisions
Regulation 11	Setting aside decisions on certain grounds
Regulation 12	Provisions common to regulations 10 and 11
Regulation 19	Other questions for determination by the Secretary of State
Regulation 21	Procedure on claim or question involving questions for determination by the Secretary of State
Regulation 24	Oral hearing of appeals and references
Regulation 25	Decisions of appeal tribunals
Regulation 66	Review of decisions involving payment or increase of industrial injuries benefit
The Social Security (General Benefit) Regulations 198221
Regulation 3	Suspension of payment of benefit during imprisonment etc.
The Social Security Commissioners Procedure Regulations 198722
Regulation 3	Application to a Commissioner for leave to appeal
Regulation 4	Notice of application to a Commissioner for leave to appeal
Regulation 5	Determination of application
Regulation 6	Notice of appeal
Regulation 7	Time limit for appealing
Regulation 9	Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 10	Respondent’s written observations
Regulation 11	Written observations in reply
Regulation 12	Directions
Regulation 13	Medical references
Regulation 14	Non-disclosure of medical evidence
Regulation 15	Requests for oral hearings
Regulation 16	Representations at an oral hearing
Regulation 17	Oral hearings
Regulation 18	Summoning of witnesses
Regulation 19	Postponement and adjournment
Regulation 20	Withdrawal of applications for leave to appeal, appeals and references
Regulation 21	Irregularities
Regulation 22	Determinations and decisions of a Commissioner
Regulation 24	Correction of accidental errors in decisions
Regulation 25	Setting aside of decisions on certain grounds
Regulation 26	Provisions common to Regulations 24 and 25
Regulation 27	General powers of a Commissioner
Regulation 29	Delegation of functions to nominated officers
Regulation 30	Manner of and time for service of notices, etc.
Regulation 31	Application to a Commissioner for leave to appeal to the Courts
Regulation 32	Revocation
Social Security (Payments on account, Overpayments and Recovery) Regulations 198823
Regulation 5	Offsetting prior payment against subsequent award

(This note is not part of the Scheme)

This Scheme amends the Workmen’s Compensation (Supplementation) Scheme 1982 (“the 1982 Scheme”) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (“the 1983 Scheme”).

The Social Security Act 1990 amends the Industrial Injuries and Diseases (Old Cases) Act 1975 so that payment of allowances or other benefits are provided from money provided by Parliament instead of from the National Insurance Fund; articles 2(2)and (d) and 3(2)(a) and (d) of this Scheme amend the 1982 Scheme and 1983 Scheme accordingly.

The Scheme makes the following amendments to the 1982 Scheme:

article 2(2)(b) and (c) varies articles 11 and 12 of the 1982 Scheme by substituting references to the Social Security (Claims and Payments) Regulations 1987 and to the Social Security (Adjudication) Regulations 1986 for the references to earlier regulations which they replace;
article 2(2)(c)(ii) provides that article 12 of the 1982 Scheme shall also include a reference to the Social Security Commissioners Procedure Regulations 1987 and to the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.

Article 2(2)(e) and Schedule 1 substitutes Schedule 2 to the 1982 Scheme, which sets out provisions of the Social Security Act 1975 and regulations which apply to the Scheme, to make corresponding changes.

Schedule 1 applies for the first time to the 1982 Scheme:—

i

section 115A of the Social Security Act 1975,

ii

regulations 3 to 7, 9 to 22, 24 to 27 and 29 to 32 of the Social Security Commissioners Procedure Regulations 1987, and

iii

regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.

and omits regulation 41 of the Social Security (General Benefit) Regulations 1982.

The Scheme makes the following amendments to the 1983 Scheme:—

article 3(2)(b) and (c) varies articles 11 and 12 of the 1983 Scheme by substituting references to the Social Security(Claims and Payments) Regulations 1987 and the Social Security (Adjudication) Regulations 1986 for references to earlier regulations which they replace;
article 3(2)(c)(ii) provides that article 12 of the 1983 Scheme shall also include a reference to the Social Security Commissioners Procedure Regulations 1987 and the Society Security (Payments on account, Overpayments and Recovery) Regulations 1988.

Article 3(2)(e) and Schedule 2 substitutes Schedule 3 to the 1983 Scheme, which sets out provisions of the Social Security Act 1975 and regulations which apply to the Scheme, to make corresponding changes;

Schedule 2 applies to the Scheme for the first time: —

i

section 115A of the Social Security Act 1975,

ii

regulations 3 to 7, 9 to 22, 24 to 27 and 29 to 32 of the Social Security Commissioners Procedure Regulations 1987, and

iii

regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.