
PART I
1 

(1) This scheme may be cited as the 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983
, and shall come into operation on 16th March
1983.
(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 Industrial Diseases (Benefit)
Acts” means the 
Pneumoconiosis and Byssinosis Benefit Act 1951
and the Industrial Diseases
(Benefit) Act 1954;
 “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Acts 1925 to 1945, and any enactments repealed by the 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;
 “the Administrative Board”
 has the meaning assigned to it by article 11 of the 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966
 immediately before the 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment)
(No.2) Scheme 1977 came into operation;
 “allowance”
means an allowance payable by virtue of 
Part II of this scheme and includes any increase
thereof;
 “the appropriate determining
authority” means the 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;

 “child benefit”
means benefit under 
Part I of the Child Benefit Act 1975
;
 “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;
 “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 100 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 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 and in the case of a person
who suffers or has suffered 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;
 “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 Act, the Industrial
Diseases (Benefit) Acts or the 
Workmen's Compensation (Supplementation) Act 1951,
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 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 or under the 
Workmen's Compensation (Supplementary Allowances) Act 1940
as amended by the Workmen's
Compensation (Temporary Increases) Act 1943
(3) For the purposes of this scheme—

(a) a claim for an allowance in 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 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 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).
(4) For the purposes of this scheme, 2 persons
shall not be treated as having ceased to reside together if they would not
have been so treated under 
regulation 2 of the Local Security
Benefit (Persons Residing Together) Regulations 1977
(circumstances in which persons are not to be treated as having ceased to
reside together).
(5) Except insofar as the context otherwise
requires—
(a) any reference in this scheme to a numbered
Part, article or Schedule is a reference to the Part, article or Schedule
of or to this scheme bearing that number;
(b) any reference in an article to a numbered
paragraph is to the paragraph of that article bearing that number; and
(c) any reference in a paragraph to a lettered
sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.

PART II
2 

(1) Subject to the following provisions of
this scheme, benefit as hereinafter provided shall be payable out of the National
Insurance 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) are satisfied; or
(b) who is a person who is totally or partially
disabled (such disablement being likely to be permanent) as a result of any
of the diseases set out in the first column of 
Schedule 1 or who dies or has died as a result
of any of those diseases at any time after, in each case, the date set out
in Schedule 4
against the number corresponding to the number given to that disease in the
first column of Schedule 1,
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 Schedule 1;
or
(c) who, being a person who satisfies the
conditions for benefit for partial disablement under 
sub-paragraph (a) or (b),
is totally incapable of work and likely to remain so incapable for a considerable
period as a joint result either of 2 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—
(a) 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 persons employed in employed earner's employment
by virtue of regulations made under section 76
 of the Social Security Act which are in force
at the date on which this scheme comes into operation or are made at any time
thereafter during his lifetime;
(b) if, except in a case where benefit under
this scheme or any scheme revoked by this scheme, in respect of the disease
has previously been awarded, the disease is not prescribed in relation to
him under the Social Security Act;
(c) if it is certified as provided in 
article 14—
(i) that he is totally disabled as a result
of the disease; or
(ii) that, though not totally disabled, he
is or was partially disabled, within the meaning of 
article 14, as a result of the disease; or

(iii) 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, that person is suffering from the
disease to such a degree that his general physical capacity for employment
is thereby impaired.
3 

(1) Subject to the provision of 
paragraph (2), 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 diseases set out in 
Schedule 1 if throughout the 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 has been entitled
to benefit under Chapter IV
or V of Part II of the Social
Security Act;
(b) he or any other person would be or would
have been so entitled but for the operation of 
section 82, 85
or 91 of the Social Security
Act (which sections relate respectively to disqualification and suspension,
overlapping benefits and adjustment for successive accidents);
(c) he or any person is or has been entitled
to any payment corresponding to such benefit under any legislation of Northern
Ireland;
(d) he, or any person, being a member of
his family within the meaning of the Workmen's
Compensation Act 1925, has received or is entitled
to compensation under the Workmen's Compensation Acts or by virtue of any
scheme made or certified thereunder (other than compensation in respect of
total or partial incapacity for work under the 
Refractories Industries (Silicosis) Scheme 1931
or the Sandstone Industry
(Silicosis) Scheme 1931  or by virtue of any
scheme or law in force in any country or territory outside Great Britain providing
for compensation in respect of the disease;
(e) he would have received or would be entitled
to such compensation under the Workmen's Compensation Acts or by virtue of
any scheme made or certified as aforesaid but for the fact that he was or
is entitled to receive compensation in respect of disablement from any other
disease or in respect of an injury by accident; or
(f) he, or his personal representative, or
any of his relatives has recovered any sum by way of damages whether at common
law or under the Fatal Accidents
Act 1976, or the 
Law Reform (Miscellaneous Provisions) Act 1934.

(2) The provisions of 
paragraph (1)(d), (e)
and (f) shall not operate
to prevent benefit from being payable to or in respect of any person in any
case in which the disablement or death in respect of which the claim is made
is the result of a separate and fresh contraction of the disease.
4 

(1) Subject to the provisions of this scheme,
the benefit payable—
(a) in cases of disablement due to pneumoconiosis,
byssinosis or any of the diseases set out in 
Schedule 1 shall be an allowance—
(i) for any period during which the disablement
is total, at the corresponding disablement pension rate; or
(ii) for any period during which the disablement
is partial, at the weekly rate specified in 
section 7(2)(b) of the Act;
(b) in cases of total incapacity for work
for a considerable period as a joint result of 2 or more relevant injuries
or diseases, at least one of which is a disease referred to in 
article 2(1)(a) or (b),
shall be an allowance at the corresponding disablement pension rate;and such allowances shall be payable in any such case at the appropriate
rate from the date (not being a date earlier than the date on which this scheme
comes into operation) as from which it is determined by the appropriate determining
authority that the claimant was totally incapable of work or totally or partially
so disabled, as the case may be, having regard, in the case of disablement
due to pneumoconiosis or byssinosis, to the date certified by a medical board
in accordance with the provisions of article
14(4).
(2) For the purposes of 
paragraph (1)—
(a) for any period during which the claimant
is totally disabled as a result of one of the said diseases or totally incapable
of work as a joint result of 2 or more of the said diseases or of one or more
such diseases and one or more injuries or diseases entitling the claimant
to workmen's compensation, the weekly rate of benefit shall be reduced—

(i) by the amount of any allowance payable
to him in excess of £1.00 for partial disablement due to any of the
said diseases; and
(ii) by the amount of any workmen's compensation
payable to him in respect of any relevant injury or disease; and
(b) subject to the provisions of 
sub-paragraph (a), a person shall not, in respect
of the same period, be entitled to receive 2 or more allowances under this
scheme at an aggregate weekly rate exceeding the corresponding disablement
pension rate.
(3) A claimant shall not be entitled to an
allowance unless he is ordinarily resident in the United Kingdom at the date
of the claim or was, immediately before 10th March 1952, in receipt of any
such benefit or payment as is mentioned in article
10.
(4) An increase of allowance under the provisions
of article 5, 
6, 7 or 
8 shall not be payable for any period during
which the person entitled to the allowance is absent from the United Kingdom,
unless that person is absent in circumstances which, by virtue of the provisions
of regulation 9(4)
of the Social Security Benefit (Persons Abroad) Regulations
1975 if that regulation referred to
absence from the United Kingdom, would except such a person from disqualification
for receiving the increase of disablement pension under the Social Security
Act corresponding to the increase of allowance claimed.
5 

(1) Subject to the provisions of 
paragraph (3), for any period during which
a person entitled to an allowance in respect of total disablement would be
treated as residing with his wife or contributing to her maintenance at a
weekly rate of not less than the amount specified in 
paragraph (2) the weekly rate of the allowance
payable to that person shall, subject to the provisions of 
Schedule 2, be increased by the amount specified
in paragraph (2).

(2) For the purposes of 
paragraph (1) and of paragraph 2 of
Schedule 2, the specified amount shall be an
amount equal to the increase of benefit in respect of an adult dependant specified
in paragraph 11 of Part V of Schedule 4
to the Social Security Act.
(3) Where a person is also entitled to an
increase of allowance under the provisions of 
article 7(1), and is residing with his wife,
the provisions of paragraph 1(b) of Schedule
2 shall not have effect, but where the earnings
of his wife for the calendar week ending last before any week for which he
is entitled to any such increase of allowance exceeded the amount first stated
in section 66(4)
of the Social Security Act, the increase of allowance under this article shall
be reduced in the manner provided by the said 
section 66(4), and for those purposes the earnings
of his wife shall be calculated in accordance with the provisions of regulations 2 to 5
of the Social Security Benefits (Computation of Earnings)
Regulations 1978.
(4) Where in any case a person is entitled
to an increase of allowance under the provisions of 
article 7(1), the foregoing provisions of this
article shall apply but with the substitution of the words “
paragraph 12” for the words 
“paragraph 11”
 in paragraph (2).

6 

(1) Subject to the provisions of 
paragraph (2), for any period during which
a person is entitled to child benefit in respect of a child or children within
the meaning of sections 64
and 65 of the Social Security
Act the weekly rate of the allowance payable to that person shall be increased
by an amount equal to the increase (if any) which would be payable to him
in respect of that child or those children under the said 
sections 64 and 65—

(a) if, in the case of a person entitled
to an allowance in respect of total disablement but not to an increase of
allowance under the provisions of article 7(1)
, he were entitled to injury benefit;
(b) if, in the case of a person entitled
to an increase of allowance under the provisions of 
article 7(1), he were entitled to a disablement
pension plus unemployability supplement.
(2) Where, for any period, the conditions
for the receipt by a person of an increase of allowance under this article
are satisfied, such increase of allowance shall be adjusted by reference to
the weekly rate at which an allowance or an increase of benefit in respect
of that child or those children is payable for that period under the Social
Security Act so as to be payable (if at all) for that period at a weekly rate
arrived at by deducting from the weekly rate at which the increase of allowance
under this article would otherwise have been payable the said weekly rate
of an allowance or increase of benefit payable under that Act.
7 

(1) Where a person could for the purposes
of section 58
of the Social Security Act (unemployability supplement) be treated as incapable
of work and likely to remain permanently so incapable as the result of any
disease in respect of which he is entitled to an allowance in respect of disablement,
the weekly rate of the allowance payable to him shall, subject to the provisions
of paragraph (3),
be increased by an amount equal to the increase of disablement pension (if
any) which would be payable to him under the said 
section 58 or, as the case may be, the said 
section 58 and section 59
of the said Act if he were entitled to disablement pension in respect of the
disease.
(2) For the purposes of this article, the
reference in section 59(2)
of the Social Security Act (increase of unemployability supplement by reference
to beneficiary's age on qualifying date) to “the
qualifying date” shall, subject
to the provisions of subsections (3), 
(4) and (5)
of that section, mean the beginning of the first week for which a person qualified
for an increase of allowance under this article.
(3) An increase of an allowance under this
article shall be payable for such period as may be determined at the time
it is granted, but may be renewed from time to time.
(4) An increase of an allowance under this
article shall not be payable to any person for any period during which he
is entitled to an increase of disablement pension by way of unemployability
supplement under section 58
or 159 of the Social Security
Act.
(5) Where a person is entitled to an allowance
in respect of partial disablement and is also entitled to an increase of that
allowance under this article, the provisions of 
article 5 shall apply to him for any period
during which he is entitled to such increase as they apply to a person entitled
to an allowance in respect of total disablement and an increase of that allowance
under this article.
8 

(1) Where a person is entitled to an allowance
in respect of total disablement and requires constant attendance as a result
of that disablement, the weekly rate of the allowance payable to him shall,
subject to the provisions of paragraph (2),
be increased by an amount equal to the increase of disablement pension (if
any) which would be payable to him under section
61 of the Social Security Act (constant attendance
allowance) or under section 63
of the said Act (exceptionally severe disablement allowance) if he were entitled
in respect of the disease to a disablement pension calculated by reference
to an assessment of 100 per cent.
(2) An increase of an allowance under this
article shall not be payable to any person in respect of any period during
which he is entitled to an increase of disablement pension in respect of the
need for constant attendance or in respect of exceptionally severe disablement
under section 61, 
63 or 159
of the Social Security Act.
9 

(1) The benefit payable in cases of death
due to pneumoconiosis, byssinosis or any of the said diseases set out in 
Schedule 1 shall be payable to or for the benefit
of such of the dependants of the deceased as are specified in 
paragraph (2) and, subject to the following
provisions of this scheme, shall be a capital sum of an amount calculated
in accordance with the provisions of paragraphs
(4) and (5).

(2) The dependants of a person entitled to
claim death benefit under this scheme are such of the members of the deceased's
family as were wholly or in part dependent on the deceased at the time of
his death or are treated as being so dependent under the provisions of 
paragraph (3), and for the purposes of this
paragraph the expression “member of a family”
 has the same meaning as it has for the
purposes of the Workmen's Compensation Act 1925
.
(3) For the purposes of 
paragraph (2), a person shall be treated as
having been wholly or in part dependent (as the case may be) upon the deceased
at the time of his death if that person would have been so dependent but for
the disablement due to the disease.
(4) The capital sum payable by way of death
benefit in respect of a deceased person shall, subject to the condition that
where, under the following provisions of this paragraph, such sum is payable
to more than one person the total payment shall not exceed £300, be
calculated and payment made in accordance with those provisions and with the
order of priority herein set out:—
(a) where the deceased is survived by—

(i) his widow who was residing with him at
his death, or
(ii) her widower who was wholly dependent
upon her and who was residing with her at her death,the sum of £300 shall be payable to that widow or, as the
case may be, to that widower;
(b) where the deceased is survived by no
such widow or widower as aforesaid but is survived by—
(i) either his widow who was at his death
receiving or entitled to receive or would but for the relevant disease have
been receiving from him periodic payments for her maintenance of not less
than the amount prescribed by regulations for the purposes of 
section 67(1)(b) of the Social Security Act
or, where the deceased was a woman, by her widower who was wholly dependent
upon her; and
(ii) a child who was at his or her death
residing with him or her and in respect of whom he or she was entitled to
child benefit,the sum of £300 shall be divided equally between the widow
or, as the case may be, widower and that child or, if there is more than one
child, between the widow or widower and those children;
(c) where the deceased is survived by such
a widow or widower as is mentioned in paragraph
(4)(b)(i) but by no such child as described
in paragraph (4)(b)(ii)
the sum of £300 shall be payable to that widow or, as the case may be,
to that widower;
(d) where the deceased is survived by no
such widow or widower as is mentioned in the foregoing sub-paragraphs but
is survived by a child who was at his death, residing with him and in respect
of whom he was entitled to child benefit, the sum of £300 shall be payable
to that child or, if more than one, divided equally between those children;

(e) where the deceased is survived by no
such person as aforesaid but is survived by a member of his family who was
wholly maintained by him at the date of his death, the sum of £300 shall
be payable to that member or, if more than one, divided equally between those
members;
(f) where the deceased is survived by no
such person as aforesaid but is survived by any member of his family who was
partly maintained by him at the date of his death, such sum or sums not exceeding
in total £300 shall be payable to that member or, if more than one,
those members, as may be reasonable and proportionate to the loss sustained
by such member or members.
(5) For the purposes of this article, a dependant
shall be disregarded—
(a) where the dependant has died (whether
he had made a claim for death benefit or not) before an award of such benefit
in respect of the deceased has been made; or
(b) where the dependent was not ordinarily
resident in the United Kingdom at the date of the death of the deceased.
10 

(1) Where benefit is payable or has been
paid to or in respect of any person under the 
Byssinosis (Benefit) Scheme 1941 or the 
Pneumoconiosis (Benefit) Scheme 1943—

(a) the amount of an allowance payable to
him for any period in respect of pneumoconiosis or byssinosis shall be reduced
by the amount of any weekly payments of such benefit for the same period;
and
(b) the amount of death benefit shall be
reduced by the amount of any benefit paid or payable in respect of his death
under the said Pneumoconiosis (Benefit) Scheme
.
(2) For the purposes of 
paragraph (1) of this article, any payments
made by the National Coal Board to or in respect of a person in whose case
benefit would have been payable under the Pneumoconiosis
(Benefit) Scheme 1943, but for the fact that
he was certified as totally disabled, or that he had died, more than 5 years
after 1st July 1943, shall be treated as if they had been payments by way
of benefit under the said scheme up to the amount of the benefit which would
have been so payable.
PART III
11 
This scheme shall be administered by the Secretary of State and,
subject to articles 16 and 
17, the provisions of the 
Social Security (Claims and Payments) Regulations 1979 and the 
Social Security (General Benefit) Regulations 1982
which are specified in Schedule 3
shall, with the necessary modifications, apply for the purposes of this scheme.

12 
Subject to the provisions of Part
IV, 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 3
shall, with the necessary modifications, apply for the purposes of this scheme.

PART IV
13 

(1) Subject to the provisions of 
paragraph (3), the insurance officer on the
consideration of a claim for an allowance in respect of pneumoconiosis or
byssinosis shall refer the case to the medical board.
(2) The insurance officer need not refer
the case as provided in paragraph (1),
but may determine that an award cannot be made on the claim if the claimant
fails to satisfy him—
(a) that he fulfils the conditions relating
to the allowance apart from the condition as to a certificate;
(b) that there is reasonable cause for suspecting
that he is totally or partially disabled within the meaning of this scheme
as a result of pneumoconiosis or byssinosis or, where he has previously been
awarded an allowance in respect of partial disablement and claims that he
has become totally disabled, that he is totally so disabled.
(3) For the purpose of determining whether
there is reasonable cause for suspecting that the claimant is totally or partially
disabled by pneumoconiosis, the insurance officer shall have power, in any
case where he considers necessary, to obtain a radiological report on the
case.
14 

(1) Where a case is referred to the medical
board under the provisions of article 13,
the medical board shall, except as provided in 
paragraph (3), examine the claimant and shall
give a certificate—
(a) that the claimant is totally disabled
as a result of the disease, if satisfied that he is so disabled;
(b) that the claimant is or was partially
disabled as a result of the disease if satisfied—
(i) where the claim is made in respect of
pneumoconiosis, that though not totally disabled as a result of the disease,
he is or was suffering from the disease to such a degree that his general
physical capacity for employment is or was impaired by reason of the disease;
or
(ii) where the claim is made in respect of
byssinosis, that although not totally disabled as a result of the disease,
he is or was suffering from the disease to such a degree that, if the Social
Security Act had been applicable in his case, the resulting disablement would,
in the opinion of the medical board, have been assessed at not less than the
minimum degree of disablement for which disablement benefit in respect of
byssinosis is payable under that Act.
(2) For the purposes of the last foregoing
paragraph of this article, in the case of a claimant disabled as a result
of byssinosis, the medical board shall not give a certificate as provided
in this paragraph unless satisfied that the disablement is likely to be permanent,
in which event the medical board shall include a statement to that effect
in the certificate.
(3) The medical board may give a certificate
in accordance with the provisions of paragraph
(1) without examining the claimant, if satisfied
that such examination can be dispensed with, having regard to any medical
reports available as a result of any previous examination of the claimant
carried out by the medical board or a specially qualified medical practitioner,
whether in accordance with this scheme or otherwise, or if the claimant has
died after having claimed the allowance but before having been examined by
the medical board on the reference under article
13(1).
(4) A certificate given under 
paragraph (1) shall state—
(a) where the medical board is satisfied
that the relevant condition specified in paragraph
(1)(a) is fulfilled, the date (not being a
date earlier than 10th March 1952) as from which it was fulfilled;
(b) where the medical board is satisfied
that the relevant condition specified in paragraph
(1)(b) is or was fulfilled, the date (not being
a date earlier than 8th November 1954) as from which it was fulfilled.
(5) If, on a claim for death benefit, any
question arises whether the deceased had suffered from pneumoconiosis or from
pneumoconiosis accompanied by tuberculosis to an extent which would if his
physical condition were otherwise normal have been of a gravity comparable
to an assessment under the Social Security Act of not less than 50 per cent,
the insurance officer shall refer that question to the medical board, who
shall determine the question and shall give a certificate accordingly.
(6) Any certificate given in pursuance of
the provisions of this article shall be signed by not less than 2 members
of the medical board on behalf of the said board and forwarded to the insurance
officer and shall for the purposes of this scheme be conclusive evidence of
the matters therein certified.
(7) A certificate issued under 
paragraph (5) certifying that the deceased
had not suffered from pneumoconiosis or from pneumoconiosis accompanied by
tuberculosis to the extent mentioned in that paragraph may be reviewed by
the medical board at any time if the board is satisfied that the certificate
was given in ignorance of or was based on a mistake as to some material fact;
and on such a review the medical board shall issue a further certificate confirming
or revising the original certificate, and the provision of this paragraph
shall thereupon apply to the further certificate.
PART V
15 
Every person who makes a claim for or is entitled to an allowance
or death benefit and every person to whom or on whose behalf sums are payable
by way of an allowance or death benefit 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 death benefit
or to the receipt of any sum payable by way of an allowance or death benefit
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.
16 

(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)).

(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 a 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 a medical board or medical practitioner nominated by the Secretary
of State.
17 

(1) An allowance, or an increase of allowance,
shall not be payable to any person in respect of any period more than 6 months
before the claim for the allowance or the increase, as the case may be, 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 or increase
would be payable.
(2) Subject to the provisions of 
paragraph (3), death benefit shall not be payable
in respect of the death of any person to or for the benefit of any dependant
who fails to make a claim for that benefit within a period of 6 months beginning
with the day of the death.
(3) Where in the opinion of the appropriate
determining authority there is reasonable cause for failure to make the claim
before the date on which it is made, that period shall be extended to the
date on which the claim is made.
18 
Where an allowance is payable under this scheme by means of orders
for the payment through the Post Office of weekly sums on account of the allowance,
those weekly sums shall be payable on Thursdays.
19 
Every person entitled to an allowance 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 person entitled to an
allowance, the allowance shall not pass to any trustee or other person acting
on behalf of his creditors.
21 

(1) Subject to the provision of 
paragraph (2), if a claimant or person entitled
to an allowance—
(a) fails without reasonable cause to comply
with any requirement of article 15, 
16 or 19,
he shall, if the appropriate determining authority so decides, forfeit any
allowance which would, apart from this paragraph, be payable in respect of
the period of such failure;
(b) wilfully obstructs or is guilty of other
misconduct in connection with any medical or other examination which he is
required under article 16
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 
paragraph (1) providing for forfeiture of an
allowance for failure to undergo medical examination or other examination
or any 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, including
increases for dependants, 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 2
of the Act in respect of that 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 that period, or any part thereof.
PART VI
23 

(1) Where any sums paid by way of an allowance
are required to be repaid to the National Insurance Fund under this scheme,
those sums may, without prejudice to any other method of recovery, be deducted
from any allowance or from any benefit under 
Chapter IV or V of Part II
of the Social Security Act or from any allowance under a scheme made under 
section 2 of the Act then or thereafter payable
to the person by whom they are to be repaid or to any person entitled to receive
any such allowance or benefit on his death, and the 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 2
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 any person has received any sum under
a scheme made under section 2
of the Act to which, by virtue of any provisions of such scheme he was disentitled
by reason of his being entitled in respect of the same period to an allowance
under this scheme subsequently awarded, and there has not been a requirement
to repay that sum (hereafter referred to as “the
overpayment”) to the National Insurance Fund, then the
rate of the allowance, which would apart from this provision be payable for
any week in that period, shall be reduced by the overpayment made in respect
of that week.
PART VII
25 
Except as provided by article 26,
any decision given by the Administrative Board on a claim or question under
provisions of the Pneumoconiosis,
Byssinosis and Miscellaneous Diseases Benefit Scheme 1966
in force immediately before 1st July 1977 or under any scheme
made under the Industrial Diseases (Benefit) Acts 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 Administrative Board
under provisions of the Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit 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 Administrative
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),
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 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 Administrative 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 paragraph (6),
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 
paragraph (5), become payable from a date earlier
than the earliest date from which it could have been payable had it been awarded
in the decision begin 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 
paragraph (1)(a) and (b).

(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 Industrial Diseases (Benefit) Acts shall
be treated as if it had been a decision given under the 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966
 as it was immediately before 1st July 1977.

(11) On the review of a decision given by
the Administrative Board under any scheme made under the Industrial Diseases
(Benefit) Acts 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 Industrial Diseases (Benefit)
Acts, 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 the appropriate scheme 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 Industrial Diseases (Benefit) Acts, or of
an allowance under the Workmen's
Compensation and Benefit (Supplementation) Act 1956.

29 
Any beneficiary who is entitled under the provisions of section 3(2) or 
(3) of the Workmen's Compensation and
Benefit (Amendment) Act 1965 to payment of
a greater amount or aggregate amount than he is entitled to receive by way
of allowances under this scheme and any other scheme made under the Act 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 allowances payable to
him by virtue of this scheme and any other scheme made under the Act, 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).

PART VIII
30 
Stamp duty shall not be chargeable upon an appointment or revocation
of an appointment of an agent and any other document authorised by or in pursuance
of this scheme or otherwise required in order to give effect to the provisions
of this scheme.
31 
If in pursuance of section 13(1)
of the Act (reciprocal arrangements with Northern Ireland) the Secretary of
State makes reciprocal arrangements for payments under 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
made under this scheme.
32 
If any person contravenes or fails to comply with any requirements
of article 15 or 
article 19 he shall for such offence be liable
on summary conviction to a penalty not exceeding £10.
33 
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.
34 
The schemes and regulations specified in 
column 1 of Schedule 5 hereto are, subject
to the transitional provisions contained in 
Part VII, hereby revoked to the extent mentioned
in column 3.
Norman Fowler
Secretary of State for Social Services
7th February 1983We consent.
Donald Thompson
J. A. Cope
Two of the Lords Commissioners of Her Majesty's Treasury
9th February 1983
SCHEDULE 1
Article 2


Description of disease Nature of occupation
1. Epitheliomatous cancer or ulceration of the
skin due to tar, pitch, bitumen, mineral oil (including paraffin), or any
compound, product, or residue of any of these substances, including scrotal
epithelioma (chimney sweep's cancer). 
Any occupation involving:The use or handling of, or
exposure to, tar, pitch, bitumen, mineral oil (including paraffin), soot or
any compound, product, or residue or any of these substances.
2. Inflammation, ulceration or malignant
disease of the skin or subcutaneous tissue or of the bones or anaemia of aplastic
type due to X-rays, radium or other radio-active substance. Exposure to X-rays, radium or other radio-active substance.

3. 
(a) Carcinoma of the mucous membrane of the nose or associated
air sinuses.(b)
Primary carcinoma of a bronchus or of a lung. 
Work in a factory where nickel is produced by decomposition of a gaseous nickel
compound which necessitates working in or about a building or buildings where
that process or any other industrial process ancillary or incidental thereto
is carried on.
4. Primary
neoplasm of the epithelial lining of—(a) the urinary bladder (papilloma of the bladder),
(b) the renal pelvis,
(c) the ureter,
or(d) the urethra.
 (a)
Work in a building in which any of the following substances is produced for
commercial purposes—(i) Alpha-naphthylamine or
beta-naphthylamine;(ii) diphenyl substituted by at
least one nitro or primary amino group or by at least one nitro and primary
amino group;(iii) any of the substances mentioned in 
sub-paragraph (ii) above if further ring substituted
by halogeno, methyl or methoxy groups, but not by other groups;(iv) the salts of any of the substances mentioned in subparagraphs (i) to (iii) above;
(v) auramine or magenta;(b) the use or handling of any of the substances
mentioned in sub-paragraphs (i)
to (iv) of paragraph (a), or work in a process
in which any such substance is used or handled or is liberated;(c) the maintenance or cleaning
of any plant or machinery used in any such process as is mentioned in 
paragraph (b), or the cleaning of clothing
used in any such building as is mentioned in 
paragraph (a), if such clothing is cleaned
within the works of which the building forms a part or in a laundry maintained
and used solely in connection with such works.
5. Primary malignant neoplasm of the mesothelium (diffuse
mesothelioma) of the pleura or of the peritonium. (a) The working or handling
of asbestos or any admixture of asbestos;(b) the manufacture or repair of asbestos textiles
or other articles containing or composed of asbestos;(c) the cleaning of any machinery or plant used in
any of the foregoing operations and of any chambers, fixtures and appliances
for the collection of asbestos dust;
(d) substantial exposure to the dust arising from any of the foregoing
operations.
6. Adeno-carcinoma
of the nasal cavity or associated air sinuses. Attendance for work in or about a building where wooden furniture
is manufactured.
7. Carcinoma
of the nasal cavity or associated air sinuses (nasal carcinoma). (a) Attendance
for work in a building used for the manufacture of footwear or components
of footwear made wholly or partly of leather or fibre board; or(b) attendance for work at a
place used wholly or mainly for the repair of footwear made wholly or partly
of leather or fibre board.
SCHEDULE 2
Article 5
1 
An increase of an allowance under the provisions
of article 5 in
respect of a wife shall not be payable for any period for which an increase
of disablement benefit in respect of a wife would not be payable under the
provisions of—
(a) section
82(5) of the Social Security Act (disqualification
for periods of absence from Great Britain and of imprisonment); or
(b) 
regulation 8 of the Social Security
Benefit (Dependency) Regulations 1977 (increase
of benefit in respect of wife not payable where her weekly earnings exceed
the amount therein specified).
2 
Where for any period—
(a) any benefit payable otherwise than under
this scheme which is specified as a dependency benefit in 
regulation 7(2) of the Social Security
(Overlapping Benefits) Regulations 1979 (adjustment
of dependency benefit under the Social Security Act by reference to other
dependency benefits) is payable to a person in respect of his wife or other
adult dependant or to any other person on behalf of his wife; or
(b) any one or more of the personal benefits
specified in regulation 10(1)
of the Social Security (Overlapping Benefits) Regulations
1979 (adjustment of dependency benefit under
the Social Security Act by reference to personal benefits) is or are payable
to his wife;
at a weekly rate or (if more than one) at an aggregate weekly
rate—
(i) which is equal to or exceeds the amount
specified in article 5(2),
then for that period an increase of an allowance in respect of his wife shall
not be payable; or
(ii) of less than the amount specified in 
article 5(2), then for that period such increase
shall be reduced by an amount equal to the weekly rate or the aggregate weekly
rate of such benefit or benefits.
SCHEDULE 3
Articles 11 and 
12


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

Social Security Act

Section 95(1)(b) Question for determination by Secretary of State
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 and Commissioner
Regulation
5 Reference
by the Secretary of State or 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 of 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 4
Article 2


Number of disease in 
Schedule 1 Date after which death must have occurred
1 
31st December 1949
2 31st December 1949
3 27th July 1967
4 
27th July 1967
5 27th July 1967
6 27th May 1969
7 
8th August 1979
SCHEDULE 5
Article 34


Citation Statutory
Instrument Extent of revocation

The 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966
 S.I. 1966/164 
The whole of the scheme
The 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment)
Scheme 1966 
S.I. 1966/581 
The whole of the scheme
The 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment)
Scheme 1967 
S.I. 1967/1205 
The whole of the scheme
The 
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment)
(No. 2) Scheme 1967 S.I. 1967/1233 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1969 S.I. 1969/722 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1969 S.I. 1969/1196 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1971 S.I. 1971/1222 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1972 S.I. 1972/1289 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1973 S.I. 1973/1439 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1974 S.I. 1974/944 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1975 S.I. 1975/514 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1975 S.I. 1975/1139 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1977 S.I. 1977/380 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1977 S.I. 1977/992 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 The whole of the scheme
The Pneumoconiosis, Byssinosis
and Miscellaneous Diseases Benefit (Amendment) Scheme 1979 S.I. 1979/996 The whole of the scheme