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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Workmen's Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990 No. 2538 URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_19902538_en.html |
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Statutory Instruments
SOCIAL SECURITY
Made
10th December 1990
Laid before Parliament
19th December 1990
Coming into force
9th January 1991
The Secretary of State for Social Security, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971(1) and with the consent of the Treasury, in exercise of the powers conferred by sections 2, 4(2), (3), (4) and (8), 5(1) and 8(1) of the Industrial Injuries and Diseases (Old Cases) Act 1975(2) and of all other powers enabling him in that behalf, hereby makes the following Scheme:
1. This Scheme, which may be cited as the Workmen's Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990, shall come into force on 9th January 1991.
2.-(1) The Workmen's Compensation (Supplementation) Scheme 1982(3) shall be read as one with the following provisions of this article.
(2) The Workmen's Compensation (Supplementation) Scheme 1982 shall be varied in the following respects -
(a)in articles 2(1), 4(1), 5(1) and 36 for the words "the National Insurance Fund" there shall be substituted the words "money provided by Parliament";
(b)in article 11 for the reference to the Social Security (Claims and Payments) Regulations 1979(4) there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987(5);
(c)in article 12 -
(i)for the reference to the Social Security (Adjudication) Regulations 1984(6) there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986(7); and
(ii)after the reference to the Social Security (Adjudication) Regulations there shall be added "and of the Social Security Commissioners Procedure Regulations 1987(8) and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(9)";
(d)in articles 23(1) and 26(8) for the words "National Insurance Fund" there shall be substituted the words "Secretary of State"; and
(e)for Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to this Scheme.
3.-(1) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983(10) shall be read as one with the following provisions of this article.
(2) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 shall be varied in the following respects -
(a)in articles 2(1) and 31 for the words "the National Insurance Fund" there shall be substituted the words "money provided by Parliament";
(b)in article 11 for the reference to the Social Security (Claims and Payments) Regulations 1979(11) there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987(12);
(c)in article 12 -
(i)for the reference to the Social Security (Adjudication) Regulations 1984 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986; and
(ii)after the reference to the Social Security (Adjudication) Regulations there shall be added "and of the Social Security Commissioners Procedure Regulations 1987 and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988";
(d)in articles 23(1), 24 and 26(8) for the words "National Insurance Fund" there shall be substituted the words "Secretary of State"; and
(e)for Schedule 3 there shall be substituted the Schedule set out in Schedule 2 to this Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th November 1990
We consent,
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty's Treasury
10th December 1990
Article 2(2)(e)
Articles 11 and 12
| Provisions of the Social Security Act or Regulations applicable | Subject matter |
|---|---|
| Social Security Act 1975(13) | |
| Section 99 | Decision of adjudication officer |
| Section 100 | Appeal to social security appeal tribunal |
| Section 101 | Appeal from social security appeal tribunal to Commissioner |
| Section 102 | Questions first arising on appeal |
| Section 104 | Review of decisions |
| Section 115A | Referral of questions of special difficulty to experts |
| The Social Security (Claims and Payments) Regulations 1987(14) | |
| Regulation 4 | Making a claim for benefit |
| Regulation 5 | Amendment and withdrawal of claim |
| Regulation 6 | Date of claim |
| Regulation 16 | Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate |
| Regulation 17 | Duration of awards |
| Regulation 20 | Time and manner of payment: general provision |
| Regulation 21 | Direct credit transfer |
| Regulation 22 | Long term benefits |
| Regulation 25 | Payment of attendance allowance and constant attendance allowance at a daily rate |
| Regulation 28 | Fractional amounts of benefit |
| Regulation 30 | Payments on death |
| Regulation 33 | Persons unable to act |
| Regulation 37 | Suspension of benefit |
| Regulation 38 | Extinguishment of right to payment where not obtained within pre-scribed period |
| Regulation 47 | Instruments of payment |
| The Social Security(Adjudication) Regulations 1986(15) | |
| Regulation 2 | Procedure in connection with determinations; and right to representation |
| Regulation 3 | Manner of making applications, appeals or references; and time limits |
| Regulation 4 | Oral hearings and inquiries |
| Regulation 5 | Postponement and adjournment |
| Regulation 6 | Withdrawal of applications, appeals and references |
| Regulation 9 | Non-disclosure of medical evidence |
| Regulation 10 | Correction of accidental errors in decisions |
| Regulation 11 | Setting aside decisions on certain grounds |
| Regulation 12 | Provisions common to regulations 10 and 11 |
| Regulation 21 | Procedure on claim or question involving questions for determination by the Secretary of State |
| Regulation 24 | Oral hearing of appeals and references |
| Regulation 25 | Decisions of appeal tribunals |
| Regulation 66 | Review of decisions involving payment or increase of industrial injuries benefit |
| The Social Security (General Benefit) Regulations 1982(16) | |
| Regulation 3 | Suspension of payment of benefit during imprisonment etc. |
| The Social Security Commissioners Procedure Regulations 1987(17) | |
| Regulation 3 | Application to a Commissioner for leave to appeal |
| Regulation 4 | Notice of application to a Commissioner for leave to appeal |
| Regulation 5 | Determination of application |
| Regulation 6 | Notice of appeal |
| Regulation 7 | Time limit for appealing |
| Regulation 9 | Acknowledgement of a notice of appeal or a reference and notification to each respondent |
| Regulation 10 | Respondent's written observations |
| Regulation 11 | Written observations in reply |
| Regulation 12 | Directions |
| Regulation 13 | Medical references |
| Regulation 14 | Non-disclosure of medical evidence |
| Regulation 15 | Requests for oral hearings |
| Regulation 16 | Representations at an oral hearing |
| Regulation 17 | Oral hearings |
| Regulation 18 | Summoning of witnesses |
| Regulation 19 | Postponement and adjournment |
| Regulation 20 | Withdrawal of applications for leave to appeal, appeals and references |
| Regulation 21 | Irregularities |
| Regulation 22 | Determinations and decisions of a Commissioner |
| Regulation 24 | Correction of accidental errors in decisions |
| Regulation 25 | Setting aside of decisions on certain grounds |
| Regulation 26 | Provisions common to regulations 24 and 25 |
| Regulation 27 | General powers of a Commissioner |
| Regulation 29 | Delegation of functions to nominated officers |
| Regulation 30 | Manner of and time for service of notices, etc. |
| Regulation 31 | Application to a Commissioner for leave to appeal to the Courts |
| Regulation 32 | Revocation |
| Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(18) | |
| Regulation 5 | Offsetting prior payment against subsequent award |
Article 3(2)(e)
Articles 11 and 12
| Provisions of the Social Security Act or Regulations applicable | Subject matter |
|---|---|
| Social Security Act 1975 | |
| Section 99 | Decision of adjudication officer |
| Section 100 | Appeal to social security appeal tribunal |
| Section 101 | Appeal from social security appeal tribunal to Commissioner |
| Section 102 | Questions first arising on appeal |
| Section 104 | Review of decisions |
| Section 114 | Regulations as to the determination of questions |
| Section 115A | Referral of questions of special difficulty to experts |
| The Social Security (Claims and Payments) Regulations 1987(19) | |
| Regulation 4 | Making a claim for benefit |
| Regulation 5 | Amendment and withdrawal of claim |
| Regulation 6 | Date of claim |
| Regulation 16 | Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate |
| Regulation 17 | Duration of awards |
| Regulation 20 | Time and manner of payment: general provision |
| Regulation 21 | Direct credit transfer |
| Regulation 22 | Long term benefits |
| Regulation 25 | Payment of attendance allowance and constant attendance allowance at a daily rate |
| Regulation 28 | Fractional amounts of benefit |
| Regulation 30 | Payments on death |
| Regulation 33 | Persons unable to act |
| Regulation 37 | Suspension of benefit |
| Regulation 38 | Extinguishment of right to payment where not obtained within prescribed period |
| Regulation 47 | Instruments of payment |
| The Social Security (Adjudication) Regulations 1986(20) | |
| Regulation 2 | Procedure in connection with determinations; and right to representation |
| Regulation 3 | Manner of making applications, appeals or references; and time limits |
| Regulation 4 | Oral hearings and inquiries |
| Regulation 5 | Postponement and adjournment |
| Regulation 6 | Withdrawal of applications, appeals and references |
| Regulation 9 | Non-disclosure of medical evidence |
| Regulation 10 | Correction of accidental errors in decisions |
| Regulation 11 | Setting aside decisions on certain grounds |
| Regulation 12 | Provisions common to regulations 10 and 11 |
| Regulation 19 | Other questions for determination by the Secretary of State |
| Regulation 21 | Procedure on claim or question involving questions for determination by the Secretary of State |
| Regulation 24 | Oral hearing of appeals and references |
| Regulation 25 | Decisions of appeal tribunals |
| Regulation 66 | Review of decisions involving payment or increase of industrial injuries benefit |
| The Social Security (General Benefit) Regulations 1982(21) | |
| Regulation 3 | Suspension of payment of benefit during imprisonment etc. |
| The Social Security Commissioners Procedure Regulations 1987(22) | |
| Regulation 3 | Application to a Commissioner for leave to appeal |
| Regulation 4 | Notice of application to a Commissioner for leave to appeal |
| Regulation 5 | Determination of application |
| Regulation 6 | Notice of appeal |
| Regulation 7 | Time limit for appealing |
| Regulation 9 | Acknowledgement of a notice of appeal or a reference and notification to each respondent |
| Regulation 10 | Respondent's written observations |
| Regulation 11 | Written observations in reply |
| Regulation 12 | Directions |
| Regulation 13 | Medical references |
| Regulation 14 | Non-disclosure of medical evidence |
| Regulation 15 | Requests for oral hearings |
| Regulation 16 | Representations at an oral hearing |
| Regulation 17 | Oral hearings |
| Regulation 18 | Summoning of witnesses |
| Regulation 19 | Postponement and adjournment |
| Regulation 20 | Withdrawal of applications for leave to appeal, appeals and references |
| Regulation 21 | Irregularities |
| Regulation 22 | Determinations and decisions of a Commissioner |
| Regulation 24 | Correction of accidental errors in decisions |
| Regulation 25 | Setting aside of decisions on certain grounds |
| Regulation 26 | Provisions common to Regulations 24 and 25 |
| Regulation 27 | General powers of a Commissioner |
| Regulation 29 | Delegation of functions to nominated officers |
| Regulation 30 | Manner of and time for service of notices, etc. |
| Regulation 31 | Application to a Commissioner for leave to appeal to the Courts |
| Regulation 32 | Revocation |
| Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(23) | |
| Regulation 5 | Offsetting prior payment against subsequent award |
(This note is not part of the Scheme)
This Scheme amends the Workmen's Compensation (Supplementation) Scheme 1982 ("the 1982 Scheme") and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 ("the 1983 Scheme").
The Social Security Act 1990 amends the Industrial Injuries and Diseases (Old Cases) Act 1975 so that payment of allowances or other benefits are provided from money provided by Parliament instead of from the National Insurance Fund; articles 2(2)and (d) and 3(2)(a) and (d) of this Scheme amend the 1982 Scheme and 1983 Scheme accordingly.
The Scheme makes the following amendments to the 1982 Scheme:
article 2(2)(b) and (c) varies articles 11 and 12 of the 1982 Scheme by substituting references to the Social Security (Claims and Payments) Regulations 1987 and to the Social Security (Adjudication) Regulations 1986 for the references to earlier regulations which they replace;
article 2(2)(c)(ii) provides that article 12 of the 1982 Scheme shall also include a reference to the Social Security Commissioners Procedure Regulations 1987 and to the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.
Article 2(2)(e) and Schedule 1 substitutes Schedule 2 to the 1982 Scheme, which sets out provisions of the Social Security Act 1975 and regulations which apply to the Scheme, to make corresponding changes.
Schedule 1 applies for the first time to the 1982 Scheme:-
(i)section 115A of the Social Security Act 1975,
(ii)regulations 3 to 7, 9 to 22, 24 to 27 and 29 to 32 of the Social Security Commissioners Procedure Regulations 1987, and
(iii)regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.
and omits regulation 41 of the Social Security (General Benefit) Regulations 1982.
The Scheme makes the following amendments to the 1983 Scheme:-
article 3(2)(b) and (c) varies articles 11 and 12 of the 1983 Scheme by substituting references to the Social Security(Claims and Payments) Regulations 1987 and the Social Security (Adjudication) Regulations 1986 for references to earlier regulations which they replace;
article 3(2)(c)(ii) provides that article 12 of the 1983 Scheme shall also include a reference to the Social Security Commissioners Procedure Regulations 1987 and the Society Security (Payments on account, Overpayments and Recovery) Regulations 1988.
Article 3(2)(e) and Schedule 2 substitutes Schedule 3 to the 1983 Scheme, which sets out provisions of the Social Security Act 1975 and regulations which apply to the Scheme, to make corresponding changes;
Schedule 2 applies to the Scheme for the first time: -
(i)section 115A of the Social Security Act 1975,
(ii)regulations 3 to 7, 9 to 22, 24 to 27 and 29 to 32 of the Social Security Commissioners Procedure Regulations 1987, and
(iii)regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.
1975 c. 16; section 2(6)was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 67 with savings by article 3 of S.I. 1987/354 (retired people); the amount in section 2(6)(c) was substituted by article 6 of S.I. 1990/320; section 4(2) was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 10(1); section 4(4) was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 11(1)(a) and the Social Security Act 1986, Schedule 11; section 4(8) was amended by the Social Security Act 1986, Schedule 10, paragraph 68(1) and the Social Security Act 1990 (c. 27), Schedule 6, paragraph 12; and sections 2(1), 5(1) and 4(4)(e) were amended by that Act, section 16(8).
S.I. 1982/1489.
S.I. 1987/1968.
S.I. 1986/2218.
S.I. 1987/214.
S.I. 1988/664.
S.I. 1983/136.
S.I. 1979/628.
S.I. 1987/1968.
S.I. 1986/2218.
S.I. 1982/1408, to which there are amendments not relevant to this Scheme.
S.I. 1987/214.
S.I. 1988/664.
S.I. 1986/2218.
S.I. 1982/1408, to which there are amendments not relevant to this Scheme.
S.I. 1987/214.
S.I. 1988/664.