Pneumoconiosis etc. (Workers' Compensation) Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 41 |
(1) If, on a claim by a person who is disabled by a disease to which this Act applies, the Secretary of State is satisfied that the conditions of entitlement mentioned in section 2(1) below are fulfilled, he shall in accordance with this Act make to that person a payment of such amount as may be prescribed by regulations.(2) If, on a claim by the dependant of a person who, immediately before he died, was disabled by a disease to which this Act applies, the Secretary of State is satisfied that the conditions of entitlement mentioned in section 2(2) below are fulfilled, he shall in accordance with this Act make to that dependant a payment of such amount as may be so prescribed.(3) The diseases to which this Act applies are pneumoconiosis, byssinosis and diffuse mesothelioma F1and any other disease which is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument.(4) Regulations under this section may prescribe different amounts for different cases or classes of cases or for different circumstances.(5) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.that disablement benefit is payable to him in respect of the disease F3or, subject to subsection (3A) below, would be payable to him in respect of it but for his disablement amounting to less than the appropriate percentage;that every relevant employer of his has ceased to carry on business;that no application has been made for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014) ; andthat he has not brought any action, or compromised any claim, for damages in respect of the disablement.that no payment under this Act has been made to the deceased in respect of the disease;but for his disablement amounting to less than the appropriate percentage; orbut for his not having claimed the benefit; orbut for his having died before he had suffered from the disease for the appropriate period; that every relevant employer of the deceased has ceased to carry on business;that no application has been made by the deceased, or any dependant, for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014) ; andthat neither the deceased nor his personal representatives nor any relative of his has brought any action, or compromised any claim, for damages in respect of the disablement or death.(3) In this section—
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