The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997

• Citation: S.I. 1997/824
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997 and shall come into force for the purposes of articles 1 and 2 on 7th April 1997 and for all other purposes on 9th April 1997.

(2) “The principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 .

Section 2 Substitution of article 17 of the principal Scheme

For article 17 of the principal Scheme (sums not payable when delay in claiming) there shall be substituted the following article—

(17)

(1) An allowance, or an increase of allowance, shall not be payable to any person in respect of any period more than three months before the claim for the allowance or the increase, as the case may be, is made.

(2) Death benefit shall not be payable in respect of the death of any person to or for the benefit of any dependant who fails to make a claim for that benefit within a period of three months beginning with the day of the death.

Section 3 Amendment of Schedule 1 to the principal Scheme

(1) Schedule 1 to the principal Scheme shall be amended in accordance with the following provisions of this article.

(2) In column 2 of the entry relating to disease number 5 (primary malignant neoplasm of the mesothelium etc. ) for the present entry there shall be substituted the following entry—

Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.

(3) In column 1 of the entry relating to disease number 8 (primary carcinoma of the lung etc.) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which—

(i) in the case of unilateral diffuse pleural thickening, covers 50 per cent or more of the area of the chest wall of the lung affected; or

(ii) in the case of bilateral diffuse pleural thickening, covers 25 per cent or more of the combined area of the chest wall of both lungs.