The Redundant Mineworkers and Concessionary Coal (Payments Schemes) (Amendment) Order 1982

1.  This Order may be cited as the Redundant Mineworkers and Concessionary Coal (Payments Schemes) (Amendment) Order 1982 and shall become into operation on 6th April 1982.

2.  In this Order—

“the 1973 Order” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973(1); and “the 1978 Order” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978(2)

3.  The 1973 Order shall be further varied in the Schedule as follows—

(a) in Article 1, after the definition of “the relevant tax year” there shall be inserted the following definition—

“`the Schemes of 1978' means the Redundant Mineworkers and Concessionary Coal Payments Schemes, set out in the Schedule to the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978”;

(b) in Article 2 after the word “shall”, there shall be inserted the words “unless he has made an election under Article 5B of the Schemes of 1978 and”;

(c) in Article 5 at the end of the proviso to paragraph (4), there shall be added the words “and that such cessation is before 6th April 1982”;

(d) in Article 6, in the proviso to sub-paragraphs (1)(i) and (1)(ii), for the words “6th April 1981” and the figures “£8·92” there shall be substituted respectively the words “6th April 1982” and the figures “£9·93”;

(e) for Article 11, there shall be substituted the following Article—

“11.   Where the total weekly payment to a coal industry employee under this Scheme includes a fraction of a penny that fraction shall be disregarded if it is less than half a penny and shall be treated as a whole penny if it is half a penny or more.”.

4.  The 1978 Order shall be further varied in the Schedule as follows—

(a) In Article 1, after the definition of “the relevant tax year”, there shall be inserted the following definition—

“`the Schemes of 1973' means the Redundant Mineworkers and Concessionary Coal Payments Schemes, set out in the Schedule to the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973;”.

(b) In Article 5—

(i) at the end of paragraph (1)(d), the word “and” shall be deleted;

(ii) in paragraph (1)(e), for the words “on or after 6th April 1981”, there shall be substituted the words “after 5th April 1981 and before 6th April 1982”; and the word “and” shall be inserted at the end of that sub-paragraph;

(iii) after paragraph (1)(e), there shall be inserted the following sub-paragraph—

“(f) whose relevant date fell on or after 6th April 1982 the weekly sum specified in Part 6 of Appendix 4 opposite the amounts specified in column 1 thereof appropriate to the amount of that employee's pre-redundancy earnings.”;

(iv) at the end of paragraph (3), there shall be added the words “or under Article 5B”;

(v) at the end of paragraph (4), there shall be inserted the words “and that his date of cessation of that employment is before 6th April 1982”;

(vi) in paragraph (5), there shall be inserted after “under paragraph (4)” the words “or under Article 5B”;

(vii) in paragraph (6), after the word “Scheme” there shall be inserted “or under Article 5B”.

(c) After Article 5A, there shall be inserted the following Article—

“5B.— (1) Notwithstanding anything in the foregoing provisions of this Scheme, a person—

(a) who would be a coal industry employee within Article 2(1) except that his relevant date fell on or after 10th December 1972 and before 25th March 1978; and

(b) who is re-employed by a coal industry employer for a period of not less than one year; and

(c) who is then dismissed by a coal industry employer by reason of redundancy within the meaning of section 81(2) and (3) of the Employment Protection (Consolidation) Act 1978(3); and

(d) whose date of cessation of the period of employment referred to in sub-paragraph (b) is on or after 6th April 1982,

shall be eligible for payments under Article 5(1) and (2);

Provided that such payments shall be payable to such a person who does not make an election in accordance with paragraph (2) only after the exhaustion of his eligibility to benefit under Article 5(1) of the Schemes of 1973, and the weekly sum payable shall be that received by him during the final week of that eligibility, adjusted in accordance with Article 5(2) of this Scheme as if that sum had been paid under Article 5(1) of this Scheme.

(2) A person within paragraph (1), or a coal industry employee who is eligible for payments under the foregoing provisions of this Scheme and satisfies the requirements of sub-paragraphs (b), (c) and (d) of paragraph (1), may elect to substitute the date of cessation referred to in sub-paragraph (d) as the relevant date for the purposes of Article 5(1) and (2) and of adjusting his basic benefit under Article 6:

Provided that:

(i) such election is made within 26 weeks of the said date of cessation;

(ii) notwithstanding the provisions of Article 5(1), in respect of any week within the said period of 26 weeks prior to the coal industry employee making the election, the benefit payable to him shall be the sum payable under Article 5(1) and (2) less any sum for which he is eligible under Article 5(1) and (2) of the Schemes of 1973 in respect of the same week.”.

(d) In Article 6, in the proviso to sub-paragraph (1)(a) and (1)(b), for the words “6th April 1981” and the figures “£8.92” there shall be substituted respectively the words “6th April 1982” and the figures “£9.93”.

(e) In Article 9—

(i) in sub-paragraph (2)(a), before the words “No coal industry employee”, there shall be inserted the words “Subject to sub-paragraph (c),”;

(ii) after sub-paragraph (2)(b), there shall be inserted the following sub-paragraph—

“(c) No person who may elect as provided in Article 5B, shall be eligible for weekly payments under Article 5 of this Scheme in respect of an aggregate of more than 260 weeks less the number of weeks (if any) in respect of which he was eligible for benefit solely under Article 5 of the Schemes of 1973.”.

(f) For Article 11, there shall be substituted the following Article—

“11.   Where the total weekly payment to a coal industry employee under this Scheme includes a fraction of a penny that fraction shall be disregarded if it is less than half a penny and shall be treated as a whole penny if it is half a penny or more.”.

(g) After Part 5 of Appendix 4, there shall be inserted the Table set out in the Schedule to this Order.

John Moore

Parliamentary Under Secretary of State

Department of Energy

16th March 1982