- Latest available (Revised)
- Original (As made)
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983
You are here:
- UK Statutory Instruments
- 1983 No. 136
- Schedules only
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (Schedules only)
Alternative versions:
Status:
This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more
Changes to legislation:
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 is up to date with all changes known to be in force on or before 03 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- Sch.1 amended by S.I. 1997/824 art.3
- art. 12 amended by
- art.17 substituted by S.I. 1997/824 art.2
- art. 23 amended by
Article 2
SCHEDULE 1Diseases and occupations to which, in addition to pneumoconiosis and byssinosis, this scheme applies
| Description of disease | Nature of occupation |
|---|---|
| 1. Epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil (including paraffin), or any compound, product, or residue of any of these substances, including scrotal epithelioma (chimney sweep's cancer). | Any occupation involving: The use or handling of, or exposure to, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue or any of these substances. |
| 2. Inflammation, ulceration or malignant disease of the skin or subcutaneous tissue or of the bones or anaemia of aplastic type due to X-rays, radium or other radio-active substance. | Exposure to X-rays, radium or other radio-active substance. |
3. (a) Carcinoma of the mucous membrane of the nose or associated air sinuses. (b) Primary carcinoma of a bronchus or of a lung. | Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried on. |
4. Primary neoplasm of the epithelial lining of— (a) the urinary bladder (papilloma of the bladder), (b) the renal pelvis, (c) the ureter, or (d) the urethra. | (a) Work in a building in which any of the following substances is produced for commercial purposes— (i) Alpha-naphthylamine or beta-naphthylamine; (ii) diphenyl substituted by at least one nitro or primary amino group or by at least one nitro and primary amino group; (iii) any of the substances mentioned in sub-paragraph (ii) above if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups; (iv) the salts of any of the substances mentioned in subparagraphs (i) to (iii) above; (v) auramine or magenta; (b) the use or handling of any of the substances mentioned in sub-paragraphs (i) to (iv) of paragraph (a), or work in a process in which any such substance is used or handled or is liberated; (c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in paragraph (b), or the cleaning of clothing used in any such building as is mentioned in paragraph (a), if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works. [F1(d) exposure to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ).] |
| 5. Primary malignant neoplasm of the mesothelium (diffuse mesothelioma) of the pleura or of the peritonium. | [F2Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.] |
| 6. Adeno-carcinoma of the nasal cavity or associated air sinuses. | Attendance for work in or about a building where wooden furniture is manufactured. |
| 7. Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma). | (a) Attendance for work in a building used for the manufacture of footwear or components of footwear made wholly or partly of leather or fibre board; or (b) attendance for work at a place used wholly or mainly for the repair of footwear made wholly or partly of leather or fibre board. |
8. [F3Primary carcinoma of the lung where there is accompanying evidence of asbestosis. | (a) [F3The working or handling of asbestos or any admixture of asbestos; or (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or (d) substantial exposure to the dust arising from any of the foregoing operations. |
8A. Primary carcinoma of the lung. | Exposure to asbestos for a period of, or periods which amount in aggregate to, five years or more in the course of— (a) the manufacture of asbestos textiles; or (b) the manufacture of gas masks; or (c) spraying asbestos; or (d) asbestos insulation work; or (e) applying or removing materials containing asbestos in the course of shipbuilding. |
8B. Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.] | (a)The working or handling of asbestos or any admixture of asbestos; or (b)the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (c)the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or (d)substantial exposure to the dust arising from any of the foregoing operations.] |
9. [F4Primary carcinoma of the lung] | (a)[F5Work underground in a tin mine; or (b)exposure to bis (chloromethyl) ether produced during the manufacture of chloromethyl methyl ether; or (c)exposure to zinc chromate, calcium chromate or strontium chromate in their pure forms.] |
[F610. Primary carcinoma of the lung where there is accompanying evidence of silicosis.] | [F6Exposure to silica dust in the course of— (a) the manufacture of glass or pottery; (b) tunnelling in or quarrying sandstone or granite; (c) mining metal ores; (d) slate quarrying or the manufacture of artefacts from slate; (e) mining clay; (f) using siliceous materials as abrasives; (g) cutting stone; (h) stonemasonry; or (i) work in a foundry.] |
Textual Amendments
F1Words in Sch. 1 added (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 3(2)
F2Words in Sch. 1 substituted (9.4.1997) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997 (S.I. 1997/824), arts. 1(1), 3(2)
F3Sch. 1 paras. 8-8B substituted for Sch. 1 para. 8 (6.4.2006) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006 (S.I. 2006/638), arts. 1(1), 3
F4Words in Sch. 1 substituted (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 3(3)
F5Words in Sch. 1 inserted (1.4.1987) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1987 (S.I. 1987/400), arts. 1, 2(b)
F6Sch. 1 entry added (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 3(4)
Article 5
SCHEDULE 2Conditions relating to increase of allowance in respect of a [F7spouse [F8or civil partner]]
Textual Amendments
F7Word in Sch. 2 substituted (1.4.1987) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1987 (S.I. 1987/400), arts. 1, 4(a)
F8Words in Sch. 2 heading added (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 12(4)(a) (with art. 3)
1. An increase of an allowance under the provisions of article 5 in respect of a [F7spouse [F9or civil partner]] shall not be payable for any period for which an increase of disablement benefit in respect of a [F7spouse [F9or civil partner]] would not be payable under the provisions of—
(a)section 82(5) of the Social Security Act (disqualification for periods of absence from Great Britain and of imprisonment); or
(b) regulation 8 of the Social Security Benefit (Dependency) Regulations 1977 (increase of benefit in respect of [F7spouse [F9or civil partner]] not payable where [F10his or her] weekly earnings exceed the amount therein specified).
Textual Amendments
F9Words in Sch. 2 para. 1 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 12(4)(b) (with art. 3)
F10Words in Sch. 2 substituted (1.4.1987) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1987 (S.I. 1987/400), arts. 1, 4(b)
2. Where for any period—
(a)any benefit payable otherwise than under this scheme which is specified as a dependency benefit in regulation 7(2) of the Social Security (Overlapping Benefits) Regulations 1979 (adjustment of dependency benefit under the Social Security Act by reference to other dependency benefits) is payable to a person in respect of [F10his or her] [F7spouse [F11or civil partner]] or other adult dependant or to any other person on behalf of [F10his or her] [F7spouse [F11or civil partner]]; or
(b)any one or more of the personal benefits specified in regulation 10(1) of the Social Security (Overlapping Benefits) Regulations 1979 (adjustment of dependency benefit under the Social Security Act by reference to personal benefits) is or are payable to [F10his or her] [F7spouse [F11or civil partner]];
at a weekly rate or (if more than one) at an aggregate weekly rate—
(i)which is equal to or exceeds the amount specified in article 5(2), then for that period an increase of an allowance in respect of [F10his or her] [F7spouse [F11or civil partner]] shall not be payable; or
(ii)of less than the amount specified in article 5(2), then for that period such increase shall be reduced by an amount equal to the weekly rate or the aggregate weekly rate of such benefit or benefits.
Textual Amendments
F10Words in Sch. 2 substituted (1.4.1987) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1987 (S.I. 1987/400), arts. 1, 4(b)
F11Words in Sch. 2 para. 2 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 12(4)(c) (with art. 3)
Articles 11 and 12
[F12SCHEDULE 3PROVISIONS OF THE 1998 ACT OR REGULATIONS APPLICABLE (WITH THE NECESSARY MODIFICATIONS) TO THIS SCHEME
Textual Amendments
| Provisions of the 1998 Act or of Regulations | Subject matter |
|---|---|
| Social Security Act 1998— | |
| Decisions by Secretary of State |
| Revisions, and supersession of decisions |
| Regulations with respect to decisions. |
| Appeal to an appeal tribunal |
| Appeal from an appeal tribunal to Commissioner |
| The Social Security (General Benefit) Regulations 1982— | |
| Suspension of payment of benefit during imprisonment etc. |
| The Social Security (Claims and Payments) Regulations 1987— | |
| Making a claim for benefit |
| Amendment and withdrawal of claim |
| Date of claim |
| Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate |
| Duration of awards |
| Time and manner of payment: general provision |
| Payment on presentation of an instrument for benefit payment |
| Direct credit transfer |
| Long term benefits |
| Payment of attendance allowance and constant attendance allowance at a daily rate |
| Fractional amounts of benefit |
| Payments on death |
| Persons unable to act |
| Extinguishment of right to payment where not obtained within prescribed period |
| Instruments of payment |
| Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988— | |
| Offsetting prior payment against subsequent award |
| The Social Security and Child Support (Decisions and Appeals) Regulations 1999— | |
| Revision of decisions |
| Late application for a revision |
| Date from which a decision revised under section 9 takes effect |
| The Social Security and Child Support (Decisions and Appeals) Regulations 1999— | |
| Supersession of decisions |
| Date from which a decision superseded under section 10 takes effect |
| Effective date for late notification of change of circumstances |
| Decisions of the Secretary of State relating to industrial injuries benefit |
| Suspension in prescribed cases |
| Provision of information or evidence |
| Termination in cases of failure to furnish information or evidence |
| Suspension and termination for failure to submit to medical examination |
| Making of payments which have been suspended |
| Other persons with a right of appeal |
| Decisions against which an appeal lies |
| Decisions against which no appeal lies |
| Notice of decision against which appeal lies |
| Appeal against a decision which has been revised |
| Time within which an appeal is to be brought |
| Late appeals |
| Making of appeals and applications |
| Death of a party to an appeal |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| Misconceived appeals |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| The Social Security and Child Support (Decisions and Appeals) Regulations 1999— | |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| The Social Security Commissioners (Procedure) Regulations 1999— | |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . . |
| F14. . . | F14. . .] |
Textual Amendments
F13Words in Sch. 3 omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 33(a)
F14Words in Sch. 3 omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 33(b)
Article 2
SCHEDULE 4Dates after which death from diseases correspondingly numbered and set out in Schedule 1 must have occurred for provisions of this scheme to apply
| Number of disease in Schedule 1 | Date after which death must have occurred |
|---|---|
| 1 | 31st December 1949 |
| 2 | 31st December 1949 |
| 3 | 27th July 1967 |
| 4 | 27th July 1967 [F15except in the case of a death where benefit is payable by reason only of paragraph (d) in the entry in respect of that disease in Schedule 1, and in that case 24th June 1993] |
| 5 | 27th July 1967 |
| 6 | 27th May 1969 |
| 7 | 8th August 1979 |
| [F168] | [F161st April 1985] |
| [F179] | [F171st April 1987] |
| [F1810] | [F1824th June 1993] |
Textual Amendments
F15Words in Sch. 4 inserted (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 4(a)
F16Words in Sch. 4 added (1.4.1985) by The Pneumoconiosis, Byssinosis, and Miscellaneous Diseases Benefit (Amendment) Scheme 1985 (S.I. 1985/491), arts. 1, 4
F17Words in Sch. 4 inserted (1.4.1987) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1987 (S.I. 1987/400), arts. 1, 3
F18Sch. 4 entry added (24.6.1993) by The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 (S.I. 1993/1363), arts. 1(1), 4(b)
Article 34
SCHEDULE 5Schemes revoked
| Citation | Statutory Instrument | Extent of revocation |
|---|---|---|
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 | S.I. 1966/164 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1966 | S.I. 1966/581 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1967 | S.I. 1967/1205 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1967 | S.I. 1967/1233 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1969 | S.I. 1969/722 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1969 | S.I. 1969/1196 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1971 | S.I. 1971/1222 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1972 | S.I. 1972/1289 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1973 | S.I. 1973/1439 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1974 | S.I. 1974/944 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1975 | S.I. 1975/514 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1975 | S.I. 1975/1139 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1977 | S.I. 1977/380 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) (No. 2) Scheme 1977 | S.I. 1977/992 | The whole of the scheme |
| The Workmen's Compensation Supplementation and Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Further Amendment) Scheme 1977 | S.I. 1977/1063 | The whole of the scheme |
| The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1979 | S.I. 1979/996 | The whole of the scheme |
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Schedules only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.