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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Pneumoconiosis, Byssinosis, and Miscellaneous Diseases Benefit (Amendment) Scheme 1985 No. 491 URL: http://www.bailii.org/uk/legis/num_reg/1985/uksi_1985491_en.html |
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Statutory Instruments
SOCIAL SECURITY
Laid before Parliament in draft
Made
21st March 1985
Coming into Operation
1st April 1985
Whereas a draft of the following Scheme was laid before Parliament and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Services, with the consent of the Treasury, in exercise of his powers under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 and of all other powers enabling him in that behalf, hereby makes the said Scheme:-
1.
2. In Article 1(2) of the principal Scheme (interpretation), there shall be inserted, after the entry relating to "the appropriate determining authority", the following entry:-
"-�asbestosis' means
3. Schedule 1 to the principal Scheme shall be amended by the addition, at the end of the first and second columns thereof respectively, of the disease specified in the first column of the Schedule hereto and of the occupations set against the said disease in the second column of that Schedule.
4. Schedule 4 to the principal Scheme shall be amended by the addition of "8" at the end of the first column thereof and of "1st April 1985" at the end of the second column thereof.
5. Article 6(1)(a) of the principal Scheme (increase of allowance in respect of children) is hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State
Department of Health and Social Security
19th March 1985
John Major
A. G. Hamilton
Two of the Lords Commissioners of Her Majesty's Treasury
21st March 1985
Article 3
| Description of disease | Nature of occupation |
|---|---|
| 8. Primary carcinoma of the lung where there is accompanying evidence of one or both of the following:- (a) asbestosis; (b) bilateral diffuse pleural thickening. | (a) The working of handling of asbestos of any admixture of asbestos; or (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (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; or (d) substantial exposure to dust arising from any of the foregoing operations. |
This Scheme amends the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 ("the principal Scheme") so as to add to the list of diseases, in respect of which benefit is payable out of the National Insurance Fund under the principal Scheme, a further disease falling within the category of malignant or potentially malignant neoplasms, namely lung carcinoma, when accompanied by asbestosis or bilateral diffuse pleural thickening.
Article 5 revokes Article 6(1)(a) of the principal Scheme, which relates to child dependency increases and which is now otiose following changes made to section 41 of the Social Security Act 1975 (c.14) by section 13 and paragraph 3 of Schedule 5 to the Health and Social Security Act 1984 (c.48).
the relevant amending instrument is S.I. 1983/504.