The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

Reduction of allowance or death benefit where benefit payable or paid under pre-1949 benefit schemes

10.—(1) Where benefit is payable or has been paid to or in respect of any person under the Byssinosis (Benefit) Scheme 1941(1) or the Pneumoconiosis (Benefit) Scheme 1943—

(a) the amount of an allowance payable to him for any period in respect of pneumoconiosis or byssinosis shall be reduced by the amount of any weekly payments of such benefit for the same period; and

(b) the amount of death benefit shall be reduced by the amount of any benefit paid or payable in respect of his death under the said Pneumoconiosis (Benefit) Scheme .

(2) For the purposes of paragraph (1) of this article, any payments made by the National Coal Board to or in respect of a person in whose case benefit would have been payable under the Pneumoconiosis (Benefit) Scheme 1943, but for the fact that he was certified as totally disabled, or that he had died, more than 5 years after 1st July 1943, shall be treated as if they had been payments by way of benefit under the said scheme up to the amount of the benefit which would have been so payable.

(1)

, amended by S.R. & O. 1944/504, 1947/826 and modified by S.I. 1950/476, 1951/671.