The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978

Basic benefit payable

5.  Subject as hereinafter provided—

(1) The Secretary of State may pay to any coal industry employee eligible for payments under the foregoing provisions of this Scheme—

(a) whose relevant date fell between 25th March 1978 and 6th April 1978 the weekly sum specified in column 2 of Part 1 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings, and

(b) whose relevant date fell on or after 6th April 1978 the weekly sum specified in column 2 of Part 2 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings.

(2) When the weekly sum payable under paragraph (1) has been paid for 52 weeks it may be supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of the said 52 weeks and when the said weekly sum (supplemented as aforesaid) has been paid for a further 52 weeks it may be further supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of these further 52 weeks.

(3) Where any coal industry employee eligible for payments under this Scheme is re-employed by a coal industry employer and then ceases to be so employed the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during his period of re-employment by a coal industry employer as well as the changes in the cost of living during a period specified in that paragraph:

Provided that this paragraph does not apply to such an employee who is so employed for a period of not less than one year and makes an election under paragraph (4).

(4) A coal industry employee eligible for payments under this Scheme who is re-employed by a coal industry employer for a period of not less than one year and then is dismissed by a coal industry employer by reason of redundancy within the meaning of section 1 of the Redundancy Payments Act 1965, may elect to substitute his date of cessation of that employment as the relevant date for the purpose of calculating his pre-redundancy earnings referred to in paragraph (1) and for the purposes of adjusting his basic benefit under Article 6 provided the said election is made within 26 weeks of such cessation.

(5) Where a coal industry employee makes an election under paragraph (4), the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the date on which the weekly sum payable under paragraph (1) has been paid for 52 weeks and the further period of 52 weeks respectively after the date substituted as the relevant date by virtue of the said election under paragraph (4).

(6) Where any coal industry employee was on the relevant date occupying a house as a tenant of or under a licence from the Board and, in consequence of his having ceased to be in their employment, the Board—

(a) in the case of an employee who immediately before such relevant date was not making any payment to them in respect of his occupation of that house, charge that employee any weekly payment in respect of his occupation of that house or any other house; or

(b) in the case of an employee who immediately before such relevant date was making a payment to them in respect of his occupation of that house, increase the weekly amount payable in respect of his occupation of that house or any other house,

then, provided that such employee is eligible for payments under the foregoing provisions of this Scheme, the Secretary of State may pay to him in addition to any sums payable under this Article either—

(i) a weekly sum equal to the weekly amount of such payment or weekly increase of such payment as the case may be; or

(ii) the weekly sum of £1.50,

whichever shall be the less.

(7) A coal industry employee shall remain eligible for payments under paragraph (6) notwithstanding the sale of the house in respect of which the weekly sum is payable or his having moved to another house.

(8) Paragraph (6) shall not apply to any coal industry employee who receives any rent rebate or allowance under the Housing Finance Act 1972 or the Housing (Financial Provisions) (Scotland) Act 1972.