Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966
| Jurisdiction | UK Non-devolved |
| Citation | SI 1966/164 |
| Year | 1966 |
1966 No. 164
WORKMEN'S COMPENSATION
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 196617thFebruary 1966
1stMarch 1966
Whereas a draft of the following Scheme was laid before Parliament and approved by a resolution of each House of Parliament:
Now, therefore, the Minister of Pensions and National Insurance, with the consent of the Treasury, in exercise of powers conferred by the Pneumoconiosis and Byssinosis Benefit Act 1951(a), as extended by the Industrial Diseases (Benefit) Act 1954(b), and as further extended by the Workmen's Compensation and Benefit (Amendment) Act 1965(c), and of all other powers enabling her in that behalf, hereby makes the said Scheme:—
PART I
General
Citation, commencement and interpretation
1.—(1) This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966, and shall come into operation on the 1st March 1966.
(2) In this Scheme, unless the context otherwise requires—
"the Industrial Injuries Act" means the National Insurance (Industrial Injuries) Act 1965(d);
"the 1965 Act" means the Workmen's Compensation and Benefit (Amendment) Act 1965;
"the Supplementation Act" means the Workmen's Compensation (Supplementation) Act 1951;
"the Industrial Diseases (Benefit) Acts" means the Industrial Diseases (Benefit) Acts 1951 and 1954(e);
"the Workmen's Compensation Acts" means the Workmen's Compensation Acts 1925 to 1945, and any enactments repealed by the Workmen's Compensation Act 1925(f);
"the Benefit Regulations" means the National Insurance (Industrial Injuries) (Benefit) Regulations 1964(g);
"the Minister " means the Minister of Pensions and National Insurance;
"the Administrative Board " means the Administrative Board established under article 11 of this Scheme;
(a) 1951 C. 4.
(b) 1954 c. 16.
(c) 1965 c. 79.
(d) 1965 c. 52.
(e) 1951 c. 4; 1954 c. 16.
(f) 1925 c. 84.
(g) S.I. 1964/504 (1964 I, p. 833).
"allowance" means an allowance payable by virtue of Part II of this Scheme and includes any increase thereof;
"claimant" means a person claiming an allowance or death benefit under this Scheme and includes, in relation to the review of an award or a decision, a person entitled to benefit under the award or affected by the decision;
"the Commissioner" and an "insurance officer" mean respectively the Commissioner and an insurance officer for the time being charged with the duty of determining claims and questions, other than special questions, under the Industrial Injuries Act;
"corresponding disablement pension rate" means the weekly rate for the time being of a pension payable under Section 12(5) of the Industrial Injuries Act in respect of an assessment of one hundred per cent;
"death benefit" means the benefit payable under this Scheme in respect of the death of any person;
"Medical Board" means the Medical Board appointed under paragraph 3 of the Silicosis and Asbestosis (Medical Arrangements) Scheme 1931 (a);
"a specially qualified medical practitioner" means a member of a Medical Board;
"pneumoconiosis" means fibrosis of the lungs due to silica dust, asbestos dust or other dust, and includes the condition of the lungs known as dust reticulation; and in the case of a person who suffers or has suffered from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis may be treated as if they were the effects of the pneumoconiosis;
"relevant injury or disease" in relation to any person means an injury or disease in respect of which he is or has at any time after 4th July 1956 been entitled to weekly payments by way of workmen's compensation or of an allowance payable by virtue of any scheme made under the Supplementation Act or the Industrial Diseases (Benefit) Acts, including this Scheme;
"workmen's compensation" means compensation under the Workmen's Compensation Acts 1925 to 1945, the enactments repealed by the Workmen's Compensation Act 1925 and the enactments repealed by the Workmen's Compensation Act 1906(b) or under any contracting out scheme duly certified under any of those Acts or any payments under the Workmen's Compensation (War Addition) Acts 1917 and 1919(c) or under the Workmen's Compensation (Supplementary Allowances) Act 1940(d) as amended by the Workmen's Compensation (Temporary Increases) Act 1943(e).
(3) For the purposes of this Scheme—
(a) a claim for an allowance hi 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
(a) S.R. & O. 1931/341 (Rev. XXIV, p. 642: 1931 p. 680)
(b) 1906 c. 58.
(c) 1917 c. 42; 1919 c. 83.
(d) 1940 c. 47
(e) 1943 c. 49.
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 £104 a year.
(4) References in this Scheme to any enactment, scheme or regulations shall, unless the context otherwise requires, include references to such enactment, scheme or regulations as amended or reproduced by any subsequent enactment, order, scheme or regulations.
(5) Any notice or other document required or authorised to be given or sent to any person under the provisions of this Scheme shall be deemed to have been given or sent, if it was sent by post, to that person at his ordinary or last known address.
(6) The provisions of Section 37 of the Interpretation Act 1889(a) and the rules for the construction of Acts of Parliament contained in that Act, shall apply in relation to this instrument and in relation to the revocations effected by it as if this instrument and the instruments revoked by it were Acts of Parliament, and as if each revocation were a repeal.
PART II
Allowances and Death Benefit
Benefit payable under this Scheme
2.—(1) Subject to the following provisions of this Scheme, benefit as hereinafter provided shall be payable out of the Industrial Injuries Fund to or in respect of any person—
(a) who is totally or partially disabled or dies, or who has died at any time after 31st December 1949 as a result of pneumoconiosis or byssinosis if the conditions in paragraph (2) of this Article are satisfied; or
(b) who is a person who is totally or partially disabled (such disablement being likely to be permanent) or dies or has died at any time after 31st December 1949 as a result of any of the diseases set out in the first column of Schedule 1 hereto if he was a person who has been employed in Great Britain before 5th July 1948 in any of the occupations set against that disease in the second column of that Schedule; or
(c) who, being a person who satisfies the conditions for benefit for partial disablement under sub-paragraph (a) or (b) of this paragraph, is totally incapable of work and likely to remain so incapable for a considerable period as a joint result, either of two or more of the diseases referred to in those sub-paragraphs or of one such disease and one or more other relevant injuries or diseases.
(2) Benefit shall only be payable to or in respect of any person who is disabled or dies or who has died as a result of pneumoconiosis or byssinosis—
(i) if he has been employed in Great Britain before 5th July 1948 in any of the occupations in the case of which the disease is prescribed in relation to insured persons employed in insurable employment by virtue of regulations made under Section 56 of the Industrial Injuries Act which are in force at the date on which this Scheme comes into operation or are made at any tune thereafter during his lifetime;
(a) 1889 c. 63.
(ii) if, except in a case where benefit under this Scheme in respect of the disease has previously been awarded, the disease is not prescribed in relation to him under the Industrial Injuries Act;
(iii) if he is disabled or dies or has died as a result of byssinosis, having been employed for a period or periods amounting in the aggregate to not less than ten years in any of the occupations in the case of which that disease is prescribed as aforesaid;
(iv) if it is certified as provided in Article 16 or determined as provided in Article 15 as the case may require;
(a) that he is totally disabled as a result of the disease; or
(b) that, though not totally disabled, he is or was partially disabled within the meaning of Article 16 as a result of the disease; or
(c) that he has died as a result of the disease.
(3) For the purposes of this Scheme, the expression "partially disabled" means in relation to any person claiming benefit as a result of a disease other than pneumoconiosis or byssinosis that, though not totally disabled by any of the diseases set out in Schedule 1 hereto, that person is suffering from the disease to such a degree that his general physical capacity for employment is thereby impaired.
Restriction on payment of benefit
3. Benefit shall not be payable to or in respect of a person who is disabled or dies or has died as a result of pneumoconiosis or byssinosis or any of the said diseases set put in Schedule. 1 hereto if throughout the relevant employment mentioned in Article 2 he was employed otherwise than as a workman within the meaning of the Workmen's Compensation Act 1925, or if in respect of any attack of the disease suffered by him—
(a) he or any person is or...
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