THE SCHEDULE
THE REDUNDANT MINEWORKERS AND CONCESSIONARY COAL PAYMENTS SCHEMES
1. Definitions
In this Schedule, unless the context otherwise requires:—
“” means
“” means
“” means
“” means
“”
“” in relation to any person employed by the Board, by one of their subsidiaries or by a small mine licensee means
“”
“” means
“” means
“” means
“”
“” means
“” means
“” means
“” and “” mean respectively invalidity benefit and invalidity pension under the National Insurance Act 1971;
“” means5
“” means
“” means
“”
“”
“” means
“” means
“” means
“” means
“” means
“” means6
“”
“” means
“”
“” means
“” means
“” means
“” means
“” means
and references to any enactment, order, regulation or scheme shall be construed as references to the same as amended from time to time.
PART I
THE REDUNDANT MINEWORKERS PAYMENTS SCHEME
2. Eligibility for payment
Any person who is or was on the relevant date employed at a coal mine or a prescribed place being either—
(a) a person so employed by the Board, by one of their subsidiaries, or by a small mine licensee—
(i) in a grade which renders him eligible for membership of the Mineworkers' Pension Scheme or the Coal Industry Ancillary Workers Pension Scheme; or
(ii) in a grade which is specified in Appendix 2; or
(b) a person so employed as a workmen's employee,
shall, subject as hereinafter provided, be eligible for payments under this Scheme and not under either of the former Schemes and such person is hereafter referred to as a “”.
3. Age and redundancy requirements
A coal industry employee shall not be eligible for payments under Article 5 unless—
(a) he is a redundant person and, in the case of an employee employed at a prescribed place, became a redundant person by reason of the cessation or reduction of the services or facilities at that place, being services or facilities ancillary to one or more coal mines, in consequence of the closure of one or more such mines or the reduction in the number of persons employed thereat;
(b) when he became a redundant person the relevant date fell between 10th December 1972 and 28th March 1976; and
(c) on the relevant date he had attained the age of 55 and had not attained the age of 65 in the case of a man or 60 in the case of a woman.
4. Requirements of a redundant person
(1) A coal industry employee shall be a redundant person within the meaning of this Scheme if he has completed a total period of not less than 10 years' employment with one or more coal industry employers, or with any other employer at a coal mine or at a prescribed place prior to 1st January 1947, and in consequence of his dismissal on the relevant date by a coal industry employer, he either—
(a)
(a) becomes entitled to receive a redundancy payment under the Redundancy Payments Act 1965 from that employer; or
(b)
(b) would have become entitled to receive such a payment except only that he had not been continuously employed by one coal industry employer for a period of 104 weeks ending with the relevant date and he had either—
(i) during such period of 104 weeks left the employment of a coal industry employer and not later than one week after leaving such employment had entered into employment with that or any other coal industry employer; or
(ii) become entitled previously to receive such a payment from a coal industry employer and had entered into employment with that or any other coal industry employer not later than 52 weeks after becoming so entitled.
(2) Appendix 3 hereof and not section 8 of the Redundancy Payments Act 1965 (which provides for the calculation of periods of employment) shall apply for the purposes of paragraph (1) of this Article, for ascertaining the length of a coal industry employee's period of employment, and whether or not the period of 104 weeks ending with the relevant date has been continuous.
5. Basic benefit payable
Subject as hereinafter provided—
(1) The Secretary of State may pay to any coal industry employee eligible for payments under the foregoing provisions of this Scheme—
(a)
(a) whose relevant date fell between 10th December 1972 and 6th April 1973 the weekly sum specified in column 2 of Part 1 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings, provided that in respect of any week commencing after 6th April 1973 the said sum shall not be less than £3; and
(b)
(b) whose relevant date fell on or after 6th April 1973 the weekly sum specified in column 2 of Part 2 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings.
(2) When the weekly sum payable under paragraph (1) has been paid for 52 weeks it may be supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of the said 52 weeks and when the said weekly sum (supplemented as aforesaid) has been paid for a further 52 weeks it may be further supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of these further 52 weeks.
(3) Where any coal industry employee eligible for payments under this Scheme is re-employed by a coal industry employer and then ceases to be so employed the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during his period of re-employment by a coal industry employer as well as the changes in the cost of living during a period specified in that paragraph:
Provided that this paragraph does not apply to such an employee who is so employed for a period of not less than one year and makes an election under paragraph (4).
(4) A coal industry employee eligible for payments under this Scheme who is re-employed by a coal industry employer for a period of not less than one year and then is dismissed by a coal industry employer by reason of redundancy within the meaning of section 1 of the Redundancy Payments Act 1965, may elect to substitute his date of cessation of that employment as the relevant date for the purpose of calculating his pre-redundancy earnings referred to in paragraph (1) and for the purpose of adjusting his basic benefit under Article 6 provided the said election is made within 26 weeks of such cessation.
(5) Where a coal industry employee makes an election under paragraph (4), the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the date on which the weekly sum payable under paragraph (1) has been paid for 52 weeks and the further period of 52 weeks respectively after the date substituted as the relevant date by virtue of the said election under paragraph (4).
(6) Where any coal industry employee was on the relevant date occupying a house as a tenant of or under a licence from the Board and, in consequence of his having ceased to be in their employment, the Board—
(a)
(a) in the case of an employee who immediately before such relevant date was not making any payment to them in respect of his occupation of that house, charge that employee any weekly payment in respect of his occupation of that house or any other house; or
(b)
(b) in the case of an employee who immediately before such relevant date was making a payment to them in respect of his occupation of that house, increase the weekly amount payable in respect of his occupation of that house or any other house,
then, provided that such employee is eligible for payments under the foregoing provisions of this Scheme, the Secretary of State may pay to him in addition to any sums payable under this Article either—
(i)
(i) a weekly sum equal to the weekly amount of such payment or weekly increase of such payment as...
