The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

Issue of certificate by medical board

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.