4.—(1) Subject to the provisions of this scheme, the benefit payable—
(a)in cases of disablement due to pneumoconiosis, byssinosis or any of the diseases set out in Schedule 1 shall be an allowance—
(i)for any period during which the disablement is total, at the corresponding disablement pension rate; or
(ii)for any period during which the disablement is partial, at the weekly rate specified in section 7(2)(b) of the Act;
(b)in cases of total incapacity for work for a considerable period as a joint result of 2 or more relevant injuries or diseases, at least one of which is a disease referred to in article 2(1)(a) or (b), shall be an allowance at the corresponding disablement pension rate;
and such allowances shall be payable in any such case at the appropriate rate from the date (not being a date earlier than the date on which this scheme comes into operation) as from which it is determined by the appropriate determining authority that the claimant was totally incapable of work or totally or partially so disabled, as the case may be, having regard, in the case of disablement due to pneumoconiosis or byssinosis, [F1to the date decided by the Secretary of State] in accordance with the provisions of article 14(4).
(2) For the purposes of paragraph (1)—
(a)for any period during which the claimant is totally disabled as a result of one of the said diseases or totally incapable of work as a joint result of 2 or more of the said diseases or of one or more such diseases and one or more injuries or diseases entitling the claimant to workmen's compensation, the weekly rate of benefit shall be reduced—
(i)by the amount of any allowance payable to him in excess of £1.00 for partial disablement due to any of the said diseases; and
(ii)by the amount of any workmen's compensation payable to him in respect of any relevant injury or disease; and
(b)subject to the provisions of sub-paragraph (a), a person shall not, in respect of the same period, be entitled to receive 2 or more allowances under this scheme at an aggregate weekly rate exceeding the corresponding disablement pension rate.
(3) A claimant shall not be entitled to an allowance unless he is ordinarily resident in the United Kingdom at the date of the claim or was, immediately before 10th March 1952, in receipt of any such benefit or payment as is mentioned in article 10.
[F2(4) An increase of allowance under the provisions of article 5, 6, 7 or 8 shall not be payable for any period during which the person entitled to the allowance is absent from the United Kingdom except that—
(a)a person shall not be disqualified from receiving an increase of allowance under article 5 or 6 by reason of being temporarily absent from the United Kingdom during a period in which that person is entitled to receive an increase of allowance on account of unemployability under article 7;
(b)a person shall not be disqualified from receiving an increase of allowance under article 8 by reason of being temporarily absent from the United Kingdom during the period of 6 months from the date on which such absence commences or during such longer period as the Secretary of State may, having regard to the purposes of the absence and any other factors which appear to him to be relevant, allow;
(c)a person shall not be disqualified from receiving an increase of allowance under article 7 by reason of being temporarily absent from the United Kingdom.]
Textual Amendments
F1Words in art. 4(1) substituted (5.7.1999) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), art. 1, Sch. 7 para. 3
F2Words in art. 4(4) substituted (6.4.1983) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1983 (S.I. 1983/504), arts. 1, 2