
PART I
1 

(1) This scheme may be cited as the 
Workmen's Compensation (Supplementation) Scheme 1982,
and shall come into operation on 19th November 1982.
(2) In this scheme, unless the context otherwise
requires—
 “the Act”
means the Industrial Injuries
and Diseases (Old Cases) Act 1975;
 “the Social Security Act”
 means the 
Social Security Act 1975;
 “the 1951 Act”
means the 
Workmen's Compensation (Supplementation) Act 1951;

 “the 1965 Act”
means the 
Workmen's Compensation and Benefit (Amendment) Act 1965;

 “the Secretary of State”
 means the Secretary of State for Social
Services;
 “allowance”
means an allowance payable by virtue of 
Part II of this scheme;
 “the appropriate determining
authority” means an insurance officer
or, as the case may be, a local tribunal or Social Security Commissioner within
the meaning of section 97
of the Social Security Act;
 “beneficiary”
means a person entitled to an allowance under this scheme;

 “the Board”
means the Board established for the administration of,
and for the determination of questions assigned to them under, the Workmen's Compensation (Supplementation)
Scheme 1966 and abolished by the Workmen's Compensation (Supplementation)
(Amendment) Scheme 1977;
 “claimant”
means a person claiming an allowance and includes, in
relation to the review of an award or a decision, a beneficiary under the
award or affected by the decision;
 “compensation scheme”
 means a scheme made under the Workmen's Compensation (Silicosis) Act
1918 (as originally enacted or as extended
by the Workmen's Compensation
(Silicosis) Act 1924 or under 
section 47 of the Workmen's Compensation
Act 1925 (as originally enacted or as extended
by any subsequent enactment);
 “corresponding disablement
pension rate” means the weekly
rate for the time being of a pension payable under 
section 57(6) of the Social Security Act in
respect of an assessment of one hundred per cent;
 “the insurance officer”
 means an insurance officer appointed
under section 97(1)
of the Social Security Act;
 “medical board”
means the medical board appointed under 
paragraph 3 of the Silicosis and Asbestosis
(Medical Arrangements) Scheme 1931;
 “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 from pneumoconiosis
accompanied by tuberculosis, the effects of the tuberculosis may be treated
as if they were effects of the pneumoconiosis and in the case of a person
who suffers from pneumoconiosis, or pneumoconiosis accompanied by tuberculosis,
to an extent which would, if his physical condition were otherwise normal,
be of a gravity comparable to an assessment of not less than 50 per cent under
the Social Security Act, the effects of any accompanying emphysema or chronic
bronchitis may be treated as if they were the effects of the pneumoconiosis;

 “the relevant injury or disease”
 in relation to any person means the
injury or disease in respect of which he is, or has since the appropriate
date specified in Part II
of this scheme been, entitled to weekly payments by way of workmen's compensation;

 “unemployment benefit”
 means unemployment benefit under the
Social Security Act;
 “workmen's compensation”
 means compensation under the Workmen's
Compensation Acts 1925 to 1945, the enactments repealed by the 
Workmen's Compensation Act 1925 or the enactments
repealed by the Workmen's Compensation
Act 1906 or under any contracting-out scheme
duly certified under any of those Acts.
(3) Any reference in this scheme to the happening
of an accident shall, in relation to a case of disease, he construed in the
same way as for the purposes of the Acts relating to workmen's compensation.

(4) For the purpose of this scheme—

(a) a person shall be deemed to be or have
been entitled to weekly payments by way of workmen's compensation at any time
if he would be or, as the case may be, have been so entitled at that time
if—
(i) the amount of any payment, allowance
or benefit received by him otherwise than by way of workmen's compensation,
or
(ii) where the accident in consequence of
which entitlement is deemed happened before 1st January 1924, either the said
amount, or the amount he is earning or able to earn in some suitable employment
or business, or both those amounts,were sufficiently reduced;
(b) a payment—
(i) under the 
Workmen's Compensation (War Addition) Acts 1917
and 1919,
or
(ii) under the 
Workmen's Compensation (Supplementary Allowances) Act 1940
as amended by the Workmen's
Compensation (Temporary Increases) Act 1943,
shall be treated as a weekly payment by way of workmen's compensation;

(c) a period shall be treated as considerable
if it lasts or can be expected to last for not less than 13 weeks;
(d) a person may be treated as being, as
the result of an injury or disease or as the joint result of 2 or more injuries
or diseases, totally incapable of work and likely to remain so incapable for
a considerable period notwithstanding that the disability resulting from the
injury or disease or, as the case may be, from the injuries or diseases 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 in a year such amount as is for the time
being prescribed in pursuance of section 58(3)
 of the Social Security Act (unemployability
supplement).
PART II
2 

(1) Subject to the following provisions of
this scheme, a person who is or since the commencement of the 1951 Act has
been entitled to weekly payments by way of workmen's compensation in consequence
of an accident happening before 1st January 1924, shall be entitled to a basic
allowance payable out of the National Insurance Fund during any period of
total or partial incapacity for work resulting from the relevant injury or
disease so long as he is ordinarily resident in the United Kingdom.
(2) In this article the expression “a period of total incapacity for work resulting from the
relevant injury or disease” includes
a period during which a person is treated as subject to such an incapacity
under the provisions of article 3.

(3) The weekly rate of a basic allowance—

(a) in the case of a basic allowance payable
to a person in respect of a period of total incapacity for work resulting
from the relevant injury or disease shall be £2.00 less the amount of
his workmen's compensation; and
(b) in the case of a basic allowance payable
to a person in respect of a period of partial incapacity for work resulting
from the relevant injury or disease shall be the difference between two-thirds
of the amount representing his weekly loss of earnings (ascertained in accordance
with article 7)
due to the relevant injury or disease and the amount of his workmen's compensation,
so however that the aggregate of the said weekly rate and the amount of his
workmen's compensation shall in no such case exceed £2.00.
3 

(1) For the purpose of the references in 
article 2 to a period of total incapacity for
work resulting from the relevant injury or disease, a person who is unable
to obtain employment shall, subject to the provisions of 
paragraph (3) of this article, be treated as
subject to such an incapacity:—
(a) if he is being treated as being so for
the purposes of his workmen's compensation in respect of the relevant injury
or disease; or
(b) if it appears to the appropriate determining
authority—
(i) that, having regard to all the circumstances,
it is probable that he would, but for the continuing effects of the relevant
injury or disease, be able to obtain work in the same grade in the same class
of employment as before the happening of the accident; or
(ii) that his inability to obtain employment
is a consequence, wholly or mainly, of the relevant injury or disease.
(2) Where a person who is unable to obtain
employment fails to satisfy the conditions laid down in 
paragraph (1) of this article because of the
supervening effects of an injury or disease other than the relevant injury
or disease, or of physical or mental infirmity due to old age, he shall nevertheless
be deemed to satisfy the said conditions if he proves—
(a) that he would have satisfied either of
the conditions set out in sub-paragraph (b)
of the said paragraph at the time when he first became subject to the aforesaid
supervening effects and that he was then unable to obtain employment; and

(b) that since that time the effects of the
relevant injury or disease have not become substantially less serious.
(3) This article shall not apply to any person
for any period for which he receives unemployment benefit.
(4) This article shall also apply for the
purposes of section 2(3)
of the 1951 Act (which relates to the circumstances in which a person is to
be treated as subject to total incapacity for work resulting from the relevant
injury or disease).
4 

(1) Subject to the following provisions of
this scheme, a major incapacity allowance shall be payable out of the National
Insurance Fund to a person who is or has since 5th July 1956 been entitled
to weekly payments by way of workmen's compensation—
(a) in respect of any injury or disease other
than pneumoconiosis or byssinosis if he is as a result of that injury or disease
totally incapable of work and likely to remain so for a considerable period;
or
(b) in respect of pneumoconiosis if he is
certified under a compensation scheme or is determined in accordance with 
article 14 of this scheme, to be totally disabled;
or
(c) in respect of byssinosis; or
(d) in respect of 2 or more injuries or diseases
such as are mentioned in the 3 foregoing sub-paragraphs, if he is as the joint
result of those injuries or diseases totally incapable of work and likely
to remain so for a considerable period;so long as he is ordinarily resident in the United Kingdom.
(2) The weekly rate of a major incapacity
allowance payable to a person shall be the corresponding disablement pension
rate less the amount of any workmen's compensation and less the amount of
any basic allowance payable to him for that week.
(3) For the purposes of this article an allowance
payable by virtue of any scheme under the 1951 Act in force immediately before
1st March 1966 shall be treated as a weekly payment by way of workmen's compensation.

5 

(1) Subject to the following provisions of
this scheme, a lesser incapacity allowance shall be payable out of the National
Insurance Fund to a person, not being a person entitled to a major incapacity
allowance, who was immediately before 1st March 1966 receiving an allowance
payable by virtue of a scheme under the 1951 Act in force at that time, or
who is or has since the commencement of the 1965 Act been entitled or may
be expected to be entitled to a basic allowance or to weekly payments by way
of workmen's compensation, other than notional payments, for any period during
which he is either totally or partially incapable of work as a result of the
relevant injury or disease, and is ordinarily resident in the United Kingdom.

(2) In any case where the lesser incapacity
allowance awarded to a beneficiary was, immediately before 25th November 1981,
of an amount which is shown in the first column of 
Part I of Schedule 1 hereto, the rate of lesser
incapacity allowance thereafter shall be the corresponding amount set out
in the second column thereof.
(3) In a case to which 
article 5(2) of this scheme does not apply
and subject to the provisions of the next succeeding paragraph, the weekly
rate of a lesser incapacity allowance payable to a person shall be determined
by reference to the loss of earnings (ascertained in accordance with the provisions
of article 7)
suffered by that person due to the relevant injury or disease; and where the
loss of earnings, ascertained as aforesaid, is of an amount shown in the first
column of Part II of Schedule 1
hereto, shall be the rate opposite thereto in the second column of that Part
and where such loss of earnings is of an amount (not less than 5 pence) not
so shown, shall be the rate in the said column opposite to the next larger
amount which is so shown.
(4) For the purposes of this article:—

(a) where the loss of earnings, ascertained
as aforesaid, is in excess of the largest amount shown in the said first column,
the weekly rate of lesser incapacity allowance shall be the rate in the second
column opposite to such largest amount;
(b) the weekly rate of lesser incapacity
allowance payable to any person shall be reduced by the amount of any workmen's
compensation payable to him for that week in excess of £2.00.
(5) In this article the expression “notional payment” means a payment by way of workmen's compensation awarded or paid for the
purpose of safeguarding a potential entitlement to compensation and not related
to any existing loss of earnings.
(6) For the purposes of this article a weekly
payment by way of workmen's compensation made to any person shall be deemed
to be a notional payment if—
(a) the amount of such weekly payment is
less than 2½ pence; or
(b) during the period of 12 months immediately
preceding 30th November 1965 either—
(i) no weekly payments by way of such compensation
were made to that person; or
(ii) any such weekly payments made to him
were of an amount less than 2½ pence;unless that person proves that such weekly payment is not a notional
payment.
6 

(1) Subject to the following provisions of
this article, any reference in articles 2, 
4 and 5
to the amount of a person's workmen's compensation shall be taken as referring
to the amount (if any) of the weekly payments to which for the time being
he is, or would but for the determination of his right be, entitled in respect
of the relevant injury or disease.
(2) For the purposes of 
paragraph (1) of this article:—
(a) where in fixing the amount of those weekly
payments under the provisions relating thereto regard was had to any payment,
allowance or benefit which he might receive during the period of his incapacity
from the person liable for the compensation and the amount is shown to have
been reduced in consequence, the amount of those weekly payments shall for
the purposes of this article be taken to be the reduced amount so fixed with
the addition of the amount of the reduction;
(b) where the amount of those weekly payments
has not been fixed under the provisions relating thereto, it shall be fixed
for the purpose of this article without regard to any such payment, allowance
or benefit as aforesaid;
(c) where an allowance or allowances under
this scheme would, apart from the provisions of this sub-paragraph, be payable
or be payable at a higher rate by reason of the amount of those weekly payments,
fixed under the provisions relating thereto, not being the amount which ought
reasonably and properly to be so fixed, the amount of those weekly payments
shall, for the purposes of this article, be taken to be such as ought reasonably
and properly to be so fixed, having regard to the rules for calculating such
weekly payments under the provisions relating to his workmen's compensation.

(3) Where a person is or since the commencement
of the 1951 Act has been entitled to payments under the 
Workmen's Compensation (War Addition) Acts 1917
and 1919
but had before that commencement ceased to be entitled to any other weekly
payments by way of workmen's compensation in respect of the relevant injury
or disease, the amount of his workmen's compensation shall for the purpose
of articles 2, 
4 and 5
be calculated as if he had not ceased to be entitled to such other payments.

(4) Where a person is or since the commencement
of the 1965 Act has been entitled to payments under the 
Workmen's Compensation (Supplementary Allowances) Act 1940,
as amended by the Workmen's
Compensation (Temporary Increases) Act 1943,
but had before that date ceased to be entitled to any other weekly payments
by way of workmen's compensation in respect of the relevant injury or disease,
the amount of his workmen's compensation shall for the purposes of 
articles 4 and 5
be calculated as if he had not ceased to be entitled to such other payments.

(5) Where by reason of the seasonal nature
of a person's employment, or for any other cause, weekly payments by way of
workmen's compensation were not made to that person at the same rate for each
week during the 12 months preceding the making of a claim for, or an application
for review of a decision as to, an allowance, the amount of that person's
workmen's compensation shall for the purposes of 
articles 2, 4 and 
5 be calculated or estimated in such manner
and on such basis as may be appropriate, having regard to all the circumstances
of the case.
7 

(1) For the purposes of 
section 2(6)(a) of the Act and of this scheme
the amount representing a person's loss of earnings due to the relevant injury
or disease shall, subject to the provisions of 
article 10(3) and of paragraph (5)
 of this article be ascertained by comparing
the standard of remuneration obtaining during the period of 12 months, or
such shorter period as the appropriate determining authority may determine,
ending with the day on which that person makes a claim for an allowance, in
the class of employment in which he was employed at the time when the accident
happened with the amount which he was earning or able to earn during the said
period in some suitable employment or business.
(2) Where the amount representing a person's
loss of earnings has been ascertained in accordance with 
paragraph (1) of this article and the period
taken into account for that purpose was 3 months or less, a final calculation
of that person's loss of earnings shall be made 6 months after the date on
which the claim was made for the purpose of comparing the standard of remuneration
obtaining during that later period in the class of employment in which he
was employed at the time when the accident happened or the disease developed
with the amount which he was earning or able to earn during the said period
in some suitable employment or business.
(3) In assessing, in relation to any person,
the standard of remuneration in any class of employment, regard shall be had
to that person's reasonable prospects of advancement and the class of employment
in which he was employed at the time when the accident happened shall be treated,
for this purpose, as extending to and including employment in the capacities
to which persons so employed are, in the normal course, advanced and to which,
if he had continued to be so employed without the accident having happened,
he would have had at least the normal prospects of advancement.
(4) Notwithstanding the provisions of 
paragraphs (1) and (2)
of this article, in any case where lesser incapacity allowance was in payment
to a person before 15th November 1976 and that allowance is based on a computation
of the loss of earnings due to the relevant injury or disease at a certain
amount, that amount shall continue to represent that person's loss of earnings
for the purposes of this scheme.
(5) In ascertaining the amount representing
a person's weekly loss of earnings under paragraph
(1) of this article—
(a) where the class of employment in which
he was employed at the time when the accident happened has ceased to exist
or cannot be related to the wage structure obtaining from time to time in
the industry in which he was employed at that time, the standard of remuneration
shall be taken to be such as is appropriate, having regard to all the circumstances
of the case;
(b) in a case of disease, where a person
proves that he left any class of employment as a result of the relevant disease
before the date which was treated as his date of disablement from that disease
for the purposes of the Acts relating to workmen's compensation, then any
class of employment which he so left may be treated as the class of employment
in which he was employed on the said date of disablement if it would have
been so treated had the said date of disablement fallen immediately before
he left that class of employment;
(c) the reference to the amount which a person
was earning or able to earn in some suitable employment or business shall
be taken as referring to such amount as that person would have been able to
earn but for the supervening effects of an injury or disease other than the
relevant injury or discase, or of physical or mental infirmity due to old
age or of that person's retirement from any such employment or business;
(d) the amount which represents a person's
weekly loss of earnings under paragraph (1)
of this article may be determined without having regard to the rules for calculating
the weekly payments in the case of partial incapacity under the provisions
relating to his workmen's compensation.
8 
Subject to the provisions of any reciprocal arrangements made by
the Secretary of State under section 13
of the Act—
(a) a basic allowance shall not be payable
to a person in respect of the relevant injury or disease for any period during
which he is entitled under any legislation of Northern Ireland to any payment
corresponding to a basic allowance in respect of the said injury or disease;
and
(b) a major incapacity allowance shall not
be payable to a person for any period during which he is entitled under any
legislation of Northern Ireland to any payment corresponding to a major incapacity
allowance; and
(c) a lesser incapacity allowance shall not
be payable to a person for any period during which he is entitled under any
legislation of Northern Ireland to any payment corresponding to a major incapacity
allowance or to a lesser incapacity allowance.
9 
Where a beneficiary ceases to be ordinarily resident in the United
Kingdom he shall not by reason of that fact cease to be entitled to allowances
under this scheme—
(a) where an application for a reference
to a medical referee has been made and the medical referee certifies in accordance
with paragraph 18 of Schedule
1 of the Workmen's Compensation Act
1906 or 
section 16 of the Workmen's Compensation
Act 1925 that the incapacity resulting from
the relevant injury or disease is likely to be of a permanent nature; or
(b) where no such application has been made,
if the appropriate determining authority is satisfied that the said incapacity
is likely to be of a permanent nature.
10 

(1) Subject to the provisions of this scheme,
where a claimant or beneficiary is entitled for the same period to weekly
payments by way of workmen's compensation in respect of 2 or more different
injuries or diseases, or has been so entitled at any time since, in the case
of basic allowance the commencement of the 1951 Act or, in the case of any
other allowance the commencement of the 1965 Act, he shall be entitled to
an allowance under this scheme in respect of each such injury or disease during
any period of total or partial incapacity for work resulting from that injury
or disease.
(2) For the purpose of the last foregoing
paragraph, a claimant or beneficiary—
(a) shall not for the same period be entitled
to receive 2 or more basic allowances at an aggregate weekly rate which exceeds
£2.00; and
(b) shall not in respect of any period for
which he is entitled to a major incapacity allowance by reason of one or the
joint result of 2 or more of such injuries or diseases, be entitled to receive
any other allowance under this scheme, except for a basic allowance, by reason
of any injury or disease; and
(c) shall not for the same period be entitled
to receive 2 or more lesser incapacity allowances at an aggregate weekly rate
which exceeds the amount specified in section
2(6)(c) of the Act.
(3) In such a case as is mentioned in 
paragraph (1) of this article, in ascertaining
for the purposes of this scheme the amount of loss of earnings due to the
relevant injury or disease the joint results of both or all such injuries
or diseases may be treated as the result of any one of them but, in respect
of any period during which such results are so treated, the claimant or beneficiary
shall not be entitled to receive more than one basic allowance or more than
one lesser incapacity allowance under this scheme.
(4) Where a claimant or beneficiary is entitled
for any period to an allowance under any scheme made under 
section 5 of the Act—
(a) in respect of total disablement or total
incapacity for a considerable period, he shall not be entitled to receive,
for that period, any allowance under this scheme;
(b) in respect of partial disablement, he
shall not be entitled to receive by way of lesser incapacity allowance, for
that period, a total weekly sum exceeding £1.00.
(5) A person shall not, in respect of the
same period, be entitled to receive 2 or more allowances under this scheme
or under this scheme and a scheme made under 
section 5 of the Act at an aggregate weekly
rate exceeding the corresponding disablement pension rate.
PART III
11 
This scheme shall be administered by the Secretary of State and,
subject to articles 17 and 
18, the provisions of the 
Social Security (Claims and Payments) Regulations 1979 and the 
Social Security (General Benefit) Regulations 1982
which are specified in Schedule 2
to this scheme shall, with the necessary modifications, apply for the purposes
of this scheme.
12 
Subject to the provisions of Part
IV of this scheme, any question relating to
any allowance or benefit under this scheme shall be determined as if it had
arisen under the Social Security Act and, except where this scheme otherwise
provides, the provisions of the Social Security Act and of the 
Social Security (Determination of Claims and Questions) Regulations 1975 which are specified in 
Schedule 2 to this scheme shall, with the necessary
modifications, apply for the purposes of this scheme.
PART IV
13 

(1) Subject to the provisions of 
paragraph (2) of this article, where a claimant
who is not certified under a compensation scheme as being totally disabled
as a result of pneumoconiosis claims a major incapacity allowance, the question
whether he is so disabled shall be referred by the insurance officer for determination
by the medical board.
(2) For the purposes of the last foregoing
paragraph—
(a) in a case where the claimant has been
held in arbitration proceedings under the Workmen's Compensation Acts to be
totally disabled as a result of pneumoconiosis, the insurance officer may
determine that the claimant is so disabled without referring that question
to the medical board;
(b) in a case where the insurance officer
is of the opinion that the determination of any other question disposes of
the claim, he may, without referring the question whether the claimant is
totally disabled as a result of pneumoconiosis to the medical board, make
a decision that an award cannot be made on the claim.
14 
Where, in pursuance of a reference under 
article 13 of this scheme, the medical board
are satisfied, having examined the claimant, that he is totally disabled as
a result of pneumoconiosis, they shall issue a certificate accordingly and
such certificate, signed by not less than 2 members thereof on behalf of the
medical board, shall be conclusive evidence of the matters therein certified.

15 
The medical board shall have power, in any case where they consider
necessary, to make or cause to be made a radiographic examination of the lungs
of the claimant and to obtain the report of a radiologist on the case.
PART V
16 
Every person who makes a claim for or is entitled to an allowance
and every person to whom or on whose behalf sums are payable by way of an
allowance shall furnish in such manner and at such times as the Secretary
of State may determine such certificates, documents, information and evidence
affecting the right to the allowance or to the receipt of any sums payable
by way of any allowance as may reasonably be required by the Secretary of
State and, if so required, shall for that purpose attend at such office or
place as the Secretary of State may direct.
17 

(1) Subject to the following provisions of
this article, every claimant for, and every beneficiary in receipt of, an
allowance shall comply with every notice given to him by the Secretary of
State which requires him to submit himself to a medical examination by a medical
authority (as defined in paragraph (4)
of this article).
(2) Every notice given to a claimant or beneficiary
requiring him to submit himself to medical examination shall be given in writing
and shall specify the time and place of examination but shall not require
the claimant or beneficiary to submit himself to examination—
(a) in the case of examination by the medical
board, before the expiration of the period of 6 days beginning with the date
of the notice or such shorter period as may be reasonable in the circumstances;

(b) in any other case, on a date earlier
than the third day after the date on which the notice was sent.
(3) Every claimant and every beneficiary
who, in accordance with the foregoing provisions of this article, is required
to submit himself to a medical examination shall attend at every such place
and at every such time as may be required.
(4) In this article, the expression “medical authority” means the medical board or a medical practitioner nominated by the Secretary
of State.
18 
An allowance shall not be payable to any person in respect of any
period more than 6 months before the claim for the allowance is made, except
that in any particular case the allowance shall be payable from such earlier
date as is reasonable in the circumstances, not being a date before the date
from which, apart from this article, the allowance would be payable.
19 
Every beneficiary shall, as soon as may be practicable, notify
the Secretary of State in writing of any change of circumstances which he
might reasonably be expected to know might affect the continuance of his right
to any allowance or any part thereof awarded to him, or to the receipt of
any such allowance or part of an allowance.
20 
Subject to the following provisions of this scheme, every assignment
of, or charge on, an allowance and every agreement to assign or charge an
allowance, shall be void, and on the bankruptcy of a beneficiary, the allowance
shall not pass to any trustee or other person acting on behalf of his creditors.

21 

(1) Subject to the provisions of 
paragraph (2) of this article, if a claimant
or beneficiary—
(a) fails without reasonable cause to comply
with any requirement of articles 16, 
17 or 19
of this scheme he shall, if the appropriate determining authority so decides,
forfeit any allowance which would, apart from this sub-paragraph, be payable
in respect of periods of such failure;
(b) wilfully obstructs, or is guilty of other
misconduct in connection with any medical or any other examination which he
is required under article 17
of this scheme to undergo, or with any proceedings under this scheme for the
determination of his right to an allowance or to the receipt thereof, he shall
forfeit, for such period as the appropriate determining authority shall determine,
any allowance which would, apart from this paragraph, be payable.
(2) Nothing in this article providing for
forfeiture of an allowance for failure to undergo medical or other examination
or for obstruction or misconduct in connection with such examination shall
authorise the disentitlement of the person concerned for a period exceeding
6 weeks on any forfeiture.
22 
Where a person has become entitled, in respect of a period, or
any part of a period, during which he is and has continuously been undergoing
imprisonment or detention in legal custody, to sums by way of allowance which,
in the aggregate, either
(a) equal the total amount payable by way
of an allowance for a period of one year; or
(b) together with any sums payable by virtue
of any scheme made under section 5
of the Act in respect of such period of imprisonment or detention in legal
custody equal the total amount payable by way of such allowances for a period
of one year;
then that person shall be disqualified from receiving any
further sums by way of allowance in respect of such period or any part thereof.

PART VI
23 

(1) Where any sums by way of an allowance
are required to be repaid to the National Insurance Fund under this scheme,
such sums may, without prejudice to any other method of recovery, be deducted
from any allowance or from any benefit under the Social Security Act or from
any allowance payable by virtue of a scheme made under 
section 5 of the Act then or thereafter payable
to the person by whom they are to be repaid, or to any person entitled to
receive such allowance or benefit on his death, and such deduction may be
made at such rate as the Secretary of State may determine.
(2) Where, in the case of any person, any
sum may be recovered by deduction—
(a) by virtue of any provision of the Social
Security Act from any payment under that Act; or
(b) by virtue of any provision of a scheme
made under section 5
of the Act from any payment under such scheme;it may instead be recovered in whole or in part by deduction from
any allowance then or thereafter payable to him, or to any person entitled
to receive such allowance on his death.
24 
Where, but for the provisions of 
article 10(5) of this scheme, a person would
be entitled, in respect of the same period, to 2 or more allowances under
this scheme and a scheme made under section 5
 of the Act at an aggregate weekly rate exceeding
the corresponding disablement pension rate, the rate of the allowance, or
if more than one, the largest allowance payable under this scheme shall be
reduced by such amount as is necessary to limit the said aggregate weekly
rate to the corresponding disablement pension rate.
PART VII
25 
Except as provided by article 26
of this scheme, any decision given by the Board on a claim or question under
provisions of the Workmen's
Compensation (Supplementation) Scheme 1966
in force immediately before 1st July 1977 or under any scheme
made under the 1951 Act in force immediately before 1st March 1966 shall be
final for the purposes of this scheme.
26 

(1) The insurance officer may at any time
and from time to time review any decision given by the Board under provisions
of the Workmen's Compensation (Supplementation)
Scheme 1966 in force immediately before 1st
July 1977, if
(a) the decision was erroneous in view of
new facts which have been brought to his notice since the date on which the
decision was given or by reason of some mistake being made with respect to
the facts or the law; or
(b) there has been any relevant change of
circumstances since the decision was given.
(2) The claimant or the Secretary of State
may raise a question with a view to the review of any decision of the Board
by application in writing to the insurance officer stating the grounds of
the application.
(3) Where it appears to the Secretary of
State that a question has arisen whether the award of an allowance to which
this article relates ought to be revised in accordance with the provisions
of paragraph (1)
of this article, he may direct that the payment of the allowance shall be
suspended in whole or in part until the question has been determined, but
if he does so he shall forthwith refer the question to the insurance officer
for determination in accordance with the provisions of this article.
(4) Any question arising in connection with
the review to which this article applies shall be determined and, if appropriate,
the decision shall be revised and an allowance awarded or paid in accordance
with the provisions in force when the original decision was given.
(5) Where on a review to which this article
applies a decision of the Board is revised so as to make an allowance payable
or to increase the rate of an allowance, the decision given on review shall,
subject to the next succeeding paragraph of this article, have effect from
the date of the application for the review or from such earlier date as appears
to the appropriate determining authority to be reasonable in the circumstances.

(6) Benefit shall not, by virtue of the last
preceding paragraph become payable from a date earlier than the earliest date
from which it could have been payable had it been awarded in the decision
being reviewed.
(7) A decision given on review under this
article, and a refusal to review a decision thereunder, shall be subject to
appeal to the local tribunal and the Commissioner on the grounds set out in 
sub-paragraphs (a) and (b) of paragraph
(1) of this article.
(8) Where a decision is revised on review
under this article, the decision given on review shall, subject to the provisions
of the next succeeding paragraph, require repayment to the National Insurance
Fund of any sums paid by way of an allowance in pursuance of the original
decision to the extent to which they would not have been payable if the decision
on the review had been given in the first instance.
(9) Notwithstanding the provision of the
last preceding paragraph of this article, repayment of sums by way of an allowance
in pursuance of the original decision shall not be required under this article
in any case where it is shown to the satisfaction of the appropriate determining
authority that in the obtaining and receipt of the benefit the beneficiary,
and any person acting for him, has throughout used due care and diligence
to avoid overpayment.
(10) For the purposes of this article a decision
given under any scheme made under the 1951 Act shall be treated as if it had
been a decision given under the Workmen's Compensation
(Supplementation) Scheme 1966 as it was immediately
before the Workmen's Compensation
(Supplementation) (Amendment) Scheme 1977 came
into operation.
(11) On the review of a decision given by
the Board under any scheme made under the 1951 Act in force before 1st March
1966, a decision given by an insurance officer on any question referred to
him for determination under any such scheme may be reviewed by such an insurance
officer in accordance with the provisions of that scheme.
27 
A claim may be made in respect of a period before the coming into
operation of this scheme for an allowance payable by virtue of any scheme
revoked by this scheme, or any scheme made under the 1951 Act, and such a
claim and any question arising in connection therewith shall be determined
by the appropriate determining authority and any allowance in respect of such
a period shall be awarded and paid in accordance with the provisions of any
scheme which was in force during that period.
28 
Any allowance under this scheme may be paid without any claim or
award or awarded without any claim, if, in the opinion of the Secretary of
State, evidence of the satisfaction of the conditions for that allowance is
afforded by the award, in respect of a period before the coming into operation
of this scheme, of an allowance payable by virtue of a scheme revoked by this
scheme, or a scheme made under the 1951 Act, or of an allowance under the Workmen's Compensation
and Benefit (Supplementation) Act 1956.
29 
Any beneficiary, not being a person entitled to an allowance payable
by virtue of any scheme made under section 5
 of the Act who is entitled under the provisions
of section 3(2) or 
(3) of the 1965 Act to payment of a greater
amount or aggregate amount than he is entitled to receive by way of allowances
under this scheme shall, so long as he is so entitled, be paid by way of increase
to the allowance or, if more than one, the largest allowance to which he is
entitled under this scheme, such a sum as will, in addition to the allowance
or allowances payable to him by virtue of this scheme, ensure that the total
amount or aggregate amount payable to him is the amount to which he is entitled
by virtue of the said section 3(2)
or (3).
30 

(1) The provision of the next succeeding
paragraph of this article shall apply to a beneficiary who was, before 25th
November 1981, in receipt of lesser incapacity allowance but in respect of
whom the final calculation of earnings required by 
article 7(2) of this scheme had not been made
by that date.
(2) In such a case as is referred to in the
last preceding paragraph the beneficiary shall be treated as entitled from
25th November 1981 to an allowance at the rate to which he would have been
entitled had the final calculation been made before that date.
31 

(1) The provisions of the next succeeding
paragraph of this article shall apply to a person whose claim for lesser incapacity
allowance was not made before 25th November 1981 and who is awarded such an
allowance for a period after that date at one of the rates shown in the second
column of Part II of Schedule 1
hereto.
(2) Any lesser incapacity allowance which
is found to be payable to such a person as aforesaid in respect of a period
before 25th November 1981 shall—
(a) in so far as it relates to the period
from 26th November 1980 to 24th November 1981 inclusive, be paid at the rate
shown in the first column of Part I of Schedule
1 hereto which corresponds to the rate awarded
to him for the period after 25th November 1981; and
(b) in so far as it relates to a period before
26th November 1980, be paid at the rate or rates then in force which corresponds
or correspond to the rate awarded to him for the period after 25th November
1981.
32 

(1) The provision of the next succeeding
paragraph of this article shall apply to a person whose claim for lesser incapacity
allowance was made but not determined before 25th November 1981.
(2) Any lesser incapacity allowance which
is found to be payable to such a person as aforesaid in respect of a period
before 25th November 1981 shall be paid at the rate or rates in force for
that period which corresponds or correspond with that person's loss of earnings.

33 
Where a lesser incapacity allowance has been awarded to a person
under any of the schemes revoked by this scheme before any other such scheme
came into operation and a question arises as to the weekly rate of allowance
payable in consequence of that other scheme, the case shall be reviewed by
the insurance officer in the light of amendments made by that other scheme,
and the allowance shall continue to be payable at the weekly rate specified
in the award until the question has been determined in accordance with the
provisions of this scheme.
PART VIII
34 
In relation to a person whose workmen's compensation is or was
compensation under a contracting-out scheme, 
section 3(4) and (7)
of the Act (which relates to the amount of a person's workmen's compensation)
and articles 2, 
4, 5 and 
6 of this scheme shall apply subject to the
modification that, where by reason of the nature of the provisions of the
contracting-out scheme—
(a) there is difficulty in distinguishing
the amount to which that person is or was entitled by way of workmen's compensation
under that scheme from other payments to him; or
(b) the said amount is or was reduced in
consequence of other payments to him;
the amount of his workmen's compensation shall be taken
to be such an amount as is reasonable in his case, having regard to the provisions
of the contracting-out scheme and to the amount of the weekly payment by way
of workmen's compensation which would, but for the contracting-out scheme,
have been payable to him in respect of the relevant injury or disease.
35 
Stamp duty shall not be chargeable upon an appointment or revocation
of an appointment of an agent and any other document authorized by or in pursuance
of this scheme or otherwise required in order to give effect to the provisions
of this scheme.
36 
If in pursuance of section 13(1)
of the Act (which relates to reciprocal arrangements with Northern Ireland)
the Secretary of State makes reciprocal arrangements for payments under any
corresponding legislation of Northern Ireland to be made out of the National
Insurance Fund, the provisions of this scheme shall apply in relation to such
payments as if they were payments under this scheme.
37 
If any person contravenes or fails to comply with any requirement
of article 16 or 
19 of this scheme he shall for such offence
be liable on summary conviction to a penalty not exceeding £10.
38 
Any notice or other document required or authorised to be given
or sent to any person under the provisions of this scheme may be sent by post
to that person at his ordinary or last known address.
39 
The schemes specified in column 1
of Schedule 3 hereto are, subject to the transitional
provisions contained in Part VII
of this scheme, hereby revoked to the extent mentioned in column 3; and nothing
in the said Part VII
shall be taken as restricting the general application of 
sections 16 and 17
of the Interpretation Act 1978
with regard to the effect of these revocations.
Signed by authority of the Secretary of State for Social Services.

Hugh Rossi
Minister of State
Department of Health and Social Security
1st October 1982We consent
Robert Boscawen
J.A. Cope
Two of the Lords Commissioners of Her Majesty's Treasury
19th October 1982
SCHEDULE 1
Article 5
PART I

Rate of lesser incapacity
allowance before 25th November 1981 Rate of lesser incapacity allowance from 25th November 1981
£ £
1.40 1.55

3.60 3.95
6.15
 6.70
8.85 9.70
12.80 
13.95
16.30 17.75
PART II

Loss of earnings Rate of lesser incapacity allowance

£ £
4.85 
1.55
10.65 3.95
16.40
 6.70
19.30 9.70
23.65 
13.95
Over
23.65 17.75
SCHEDULE 2
Articles 11 and 
12

Provisions of the Social Security Act and regulations
made thereunder applicable (with the necessary modifications) to this scheme.


Provisions
of the Social Security Act and of regulations made thereunder Subject matter

Social Security Act 1975
Section 99 Decision of insurance officer.
Section 100 Appeal to local tribunal.
Section 101 Appeal from local tribunal to Commissioner.
Section
102 Questions
first arising on appeal.

Section 104 
Review of decisions.
The Social Security (Claims and Payments)
Regulations 1979

Regulation 4 
Manner in which claims are to be made.
Regulation 5 Supply of claim forms.
Regulation 6 Claims not on appropriate forms.
Regulation 8 Amendment of claim forms.
Regulation 16 Time and manner of payment of certain pensions and
allowances.

Regulation 22 
Extinguishment of right to sums payable by way of benefit which are not obtained
within the prescribed time.

Regulation 28 
Persons unable to act.

Regulation 29 
Payments on death.
The Social Security (Determination of Claims
and Questions) Regulations 1975
Regulation 3 Procedure at hearings and in connection with determinations;
and right to representation.

Regulation 4 
Non-disclosure of evidence by local tribunal, medical appeal tribunal and
Commissioner.

Regulation 5 
Reference by the Secretary of State, an insurance officer or a competent tribunal
to medical practitioner for report.
Regulation 9 Appeals from insurance officer's decisions.
Regulation
10 Time
and place of hearing before local tribunals.
Regulation 11 Hearings before local tribunals.
Regulation 12 Decisions of local tribunals.
Regulation 13 Procedure before Commissioner on appeal from a local
tribunal.

Regulation 32(1) and (2)(a) Review of decisions involving payment or increase
of industrial injuries benefit.

Regulation 34 
Adjustment of industrial injuries benefit on review or appeal.
The 
Social Security (General Benefit) Regulations 1982
Regulation
3 Suspension
of payment of benefit during imprisonment etc.
Regulation 41 Suspension of payment of benefit pending appeals
or references.

SCHEDULE 3
Article 39


Citation Statutory Instrument Extent of revocation
The 
Workmen's Compensation (Supplementation) Scheme 1966 S.I. 1966/165 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1967 S.I. 1967/1204 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment (No. 2) Scheme 1967 S.I. 1967/1232 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1969 S.I. 1969/1195 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1971 S.I. 1971/1223 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1972 S.I. 1972/1288 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1973 S.I. 1973/1440 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1974 S.I. 1974/943 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment Scheme 1975 S.I. 1975/513 The whole of the scheme
The Workmen's Compensation
(Supplementation) Amendment (No. 2) Scheme 1975 S.I. 1975/1138 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1976 S.I. 1976/1277 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1977 S.I. 1977/991 The whole of the scheme
The Workmen's Compensation
Supplementation and Pneumoconiosis, Byssinosis and Miscellaneous Diseases
Benefit (Further Amendment) Scheme 1977 S.I. 1977/1063 Article 2
The Workmen's
Compensation (Supplementation) (Amendment) (No. 2) Scheme 1977 S.I. 1977/1607 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1978 S.I. 1978/1460 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1979 S.I. 1979/1190 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1980 S.I. 1980/1556 The whole of the scheme
The Workmen's Compensation
(Supplementation) (Amendment) Scheme 1981 S.I. 1981/1516 The whole of the scheme