Welfare Reform Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 6 — Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
70

Schedule 6
Section 55

Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation)
Act 1979
“THE SCHEDULE
Section 2(3)

Definition of “relevant employer”
5
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
10
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
15
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’s qualifying period of employment with him did not
exceed 12 months.
3
A person is not a relevant employer in relation to a person
20
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.
25
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 7 years, and
(b)
represents not more than 20% of the time during which the
30
disabled person was employed in a prescribed occupation.
5
In paragraphs 2 to 4, 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”
35
6     (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—

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
71

(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.
5
      (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
10
disablement benefit in respect of the disease having been
determined, the date on which he died.
“Prescribed occupation”
7     (1)
In this Schedule, “prescribed occupation”, in relation to a person
disabled by a disease to which this Act applies, means an
15
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
20
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
25
8
Regulations may modify this Schedule.”
Schedule 7
Section 59

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.
30
      (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
35
(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
40

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
72

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
5
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”;
10
(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—
15
(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
20
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—
25
(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)—
30
(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.
35
      (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
40
State may issue directions under that subsection for the purpose of
securing that allocations under section 168 of the Administration Act
are not exceeded.”

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
73

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.”
5
      (3)
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”.
      (4)
In subsection (6) of that section (definition of “appropriate officer”), for
10
“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
15
“and”.