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Section 58

SCHEDULE 6 Schedule to be inserted in the Pneumoconiosis etc. (Workers' Compensation) Act 1979

Section 2(3)

“THE SCHEDULE Definition of “relevant employer”

Basic definition

1 Subject to the following provisions, “relevant employer”, in relation to a person disabled by a disease to which this Act applies, means any person—

(a) by whom the disabled person was employed in a prescribed occupation at any time during the period during which he was developing the disease, and

(b) against whom he might have or might have had a claim for damages in respect of the disablement.

Disregarded employers

2 A person is not a relevant employer in relation to a person disabled by a disease to which this Act applies if the disabled person has had no period of employment with him which is a qualifying period of employment.

3 A person is not a relevant employer in relation to a person disabled by a disease to which this Act applies if the disabled person’s qualifying period of employment with him did not exceed 12 months.

4 A person is not a relevant employer in relation to a person disabled by a disease to which this Act applies if the disabled person’s qualifying period of employment with him—

(a) did not exceed 5 years, and

(b) represents not more than 25% of the time during which the disabled person was employed in a prescribed occupation.

5 A person is not a relevant employer in relation to a person disabled by a disease to which this Act applies if the disabled person’s qualifying period of employment with him—

(a) did not exceed 7 years, and

(b) represents not more than 20% of the time during which the disabled person was employed in a prescribed occupation.

6 In paragraphs 3 to 5, references to the disabled person’s qualifying period of employment with his employer, where there has been more than one such period, are to the aggregate of those periods.

“Qualifying period of employment”

7 (1) In this Schedule, “qualifying period of employment”, in relation to a person disabled by a disease to which this Act applies, means any period of employment in a prescribed occupation, except for—

(a) a period of employment which ended more than 20 years before the qualifying date, and

(b) in the case of a claim relating to diffuse mesothelioma, a period of employment which began not more than 15 years before the qualifying date.

(2) In sub-paragraph (1), “qualifying date” means—

(a) the date on which the Secretary of State determines a claim for disablement benefit made by or on behalf of the disabled person in respect of the disease, or

(b) if the disabled person has died without a claim for disablement benefit in respect of the disease having been determined, the date on which he died.

“Prescribed occupation”

8 (1) In this Schedule, “prescribed occupation”, in relation to a person disabled by a disease to which this Act applies, means an occupation prescribed in relation to the disease by the Secretary of State by order made by statutory instrument.

(2) A statutory instrument that—

(a) contains an order under sub-paragraph (1), and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power to amend Schedule

9 Regulations made by the Secretary of State may—

(a) amend this Schedule for the purpose of adding to the cases in which a person is not a relevant employer in relation to a person disabled by a disease to which this Act applies;

(b) amend or repeal any provision of this Schedule relating to such cases.”

Section 63

SCHEDULE 7 Minor and consequential amendments relating to Part 4

Vaccine Damage Payments Act 1979 (c. 17)

1 (1) The Vaccine Damage Payments Act 1979 is amended as follows.

(2) In section 4(2) (power to make regulations about appeals), at the beginning insert “In relation to appeals under subsection (1) to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998,”.

(3) In section 4(3) (provision which may be made under the preceding subsection), for “The regulations” substitute “Regulations under subsection (2)”.

(4) In section 7A (correction of errors and setting aside of decisions)—

(a) in subsection (1)(a) (decisions with respect to which regulations made by the Secretary of State may make provision), after “Act” insert “, other than a decision of an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998”;

(b) in subsection (2) (nothing in subsection (1) to affect other powers), after “subsection (1)” insert “or (1A)”.

(5) In section 8 (regulations), in subsection (1) (references in the Act to regulations are to regulations made by the Secretary of State), after “provisions of this Act” insert “, except sections 4(3A) and (3B) and 7A(1A),”.

(6) In that section, in subsection (3) (provision which may be contained in regulations made by the Secretary of State)—

(a) after paragraph (b) insert “and”;

(b) paragraph (d) (power to confer functions on appeal tribunals) ceases to have effect.

(7) In that section, at the end insert—

“(4) Any power of the Department for Social Development in Northern Ireland to make regulations under this Act—

(a) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 which shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954; and

(b) includes power to make such incidental or supplementary provision as appears to the Department to be appropriate.”

(8) After section 9 insert—

“9A Interpretation: “appeal tribunal”

In this Act, references to an appeal tribunal, without more, are to a tribunal constituted under—

(a) Chapter 1 of Part 1 of the Social Security Act 1998; or

(b) Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998.”

(9) In section 12(3)(b) (duty of Secretary of State to pay travelling and other allowances to persons required to attend before tribunals under section 4)—

(a) after “required” insert “under section 4”, and

(b) for “under section 4 above” substitute “constituted under Chapter 1 of Part 1 of the Social Security Act 1998”.

Social Security Contributions and Benefits Act 1992 (c. 4)

2 (1) The Contributions and Benefits Act is amended as follows.

(2) In section 73 (mobility component of disability living allowance), in subsection (9)(a), after “subsection (1)” insert “(a) to (d)”.

(3) In section 140 (social fund payments: principles of determination), for subsection (3) substitute—

“(3) Without prejudice to the generality of subsection (2), the Secretary of State may issue directions under that subsection for the purpose of securing that allocations under section 168 of the Administration Act are not exceeded.”

Social Security Administration Act 1992 (c. 5)

3 (1) The Administration Act is amended as follows.

(2) In section 2AA(2) (benefits to which section applies), for paragraph (e) substitute—

“(e) carer’s allowance.”

(3) In section 123 (unauthorised disclosure of information relating to particular persons), in subsection (6A), for “medical practitioner” substitute “health care professional”.

(4) In section 168 (allocations from social fund), in subsection (5) (power to give directions with respect to the control and management of social fund allocations to particular officers or groups of officers), for “the amounts allocated to them” substitute “any amounts allocated to them”.

(5) In subsection (6) of that section (definition of “appropriate officer”), for “payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act” substitute “section 138(1)(b) payments”.

Social Security Act 1998 (c. 14)

4 In section 38(7) of the Social Security Act 1998 (principles applicable on review of social fund determination), at the end of paragraph (a)(i) insert “and”.