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

Made: 10th December 1990

Laid before Parliament: 19th December 1990

Coming into force: 9th 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 1971[^f00001] 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 1975[^f00002] and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation and commencement

1

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) Scheme

2

• (1) The Workmen’s Compensation (Supplementation) Scheme 1982[^f00003] 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 1979[^f00004] there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987[^f00005];

• (c) in article 12 —

• (i) for the reference to the Social Security (Adjudication) Regulations 1984[^f00006] there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986[^f00007]; and

• (ii) after the reference to the Social Security (Adjudication) Regulations there shall be added “and of the Social Security Commissioners Procedure Regulations 1987[^f00008] and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988[^f00009]”;

• (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 Scheme

3

• (1) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983[^f00010] 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 1979[^f00011] there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987[^f00012];

• (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.

SCHEDULE 1

SCHEDULE 2

Signed

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

Nicholas Scott — Minister of State, — Department of Social Security — 29th November 1990

We consent,

John Major — Norman Lamont — Two of the Lords Commissioners of Her Majesty’s Treasury — 10th December 1990

Explanatory note

(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.

Footnotes

[^f00001]: 1971 c. 62.

[^f00002]: 1975 c. 16; section 2(6)was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 67 with savings by article 3 of S.I. 1987/354 (retired people); the amount in section 2(6)(c) was substituted by article 6 of S.I. 1990/320; section 4(2) was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 10(1); section 4(4) was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 11(1)(a) and the Social Security Act 1986, Schedule 11; section 4(8) was amended by the Social Security Act 1986, Schedule 10, paragraph 68(1) and the Social Security Act 1990 (c. 27), Schedule 6, paragraph 12; and sections 2(1), 5(1) and 4(4)(e) were amended by that Act, section 16(8).

[^f00003]: S.I. 1982/1489.

[^f00004]: S.I. 1979/628; relevant provisions revoked by S.I. 1987/1968.

[^f00005]: S.I. 1987/1968.

[^f00006]: S.I. 1984/451; relevant provisions revoked by S.I. 1986/2218 and 1987/214.

[^f00007]: S.I. 1986/2218.

[^f00008]: S.I. 1987/214.

[^f00009]: S.I. 1988/664.

[^f00010]: S.I. 1983/136.

[^f00011]: S.I. 1979/628.

[^f00012]: S.I. 1987/1968.

[^f00013]: 1975 c. 14.

[^f00014]: S.I. 1987/1968; relevant amending instruments are S.I. 1988/522, 1725, 1989/1686.

[^f00015]: S.I. 1986/2218.

[^f00016]: S.I. 1982/1408, to which there are amendments not relevant to this Scheme.

[^f00017]: S.I. 1987/214.

[^f00018]: S.I. 1988/664.

[^f00019]: S.I. 1987/1968; relevant amending instruments are S.I. 1988/522, 1725, 1989/1686.

[^f00020]: S.I. 1986/2218.

[^f00021]: S.I. 1982/1408, to which there are amendments not relevant to this Scheme.

[^f00022]: S.I. 1987/214.

[^f00023]: S.I. 1988/664.