Schedule 9 | Old Cases payments administration

Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act

(1)The provisions of this paragraph shall have effect with respect of schemes under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such scheme is hereinafter in this paragraph referred to as “a scheme”.

(2)A scheme may make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be necessary or expedient for the purposes of that paragraph.

(3)A scheme shall in particular make provision with respect to the making of claims for allowances, with respect to the determination of questions arising on or in connection with any such claim or the payment of allowances, and with respect to any other matters necessary for the proper administration of any scheme; and, subject to any provisions of a scheme for reviewing decisions, the decision in accordance with a scheme of any question arising under a scheme shall be final for the purposes of paragraph 2 of Schedule 8 to the Contributions and Benefits Act.

(4)Without prejudice to the generality of sub-paragraph (2) above, a scheme may make provision—

(a)for the Secretary of State to be charged with the general administration of any scheme and (subject to any provisions of a scheme) with the determination of questions arising under any scheme, and for enabling the decision of the Secretary of State on any such question to be proved in legal proceedings by means of a certificate or otherwise;

(b)for enabling any class or description of such questions to be determined as if they had arisen under Parts II to VI of the Contributions and Benefits Act;

(c)for applying, with or without modifications, section 187(1) and (2) above, or for making provision corresponding to them;

(d)for requiring persons claiming or receiving allowances to furnish information and evidence and to undergo medical or other examination, for summoning persons to attend and give evidence or produce documents at any hearing for the purpose of determining questions arising under a scheme, and for authorising the administration of oaths to witnesses at any such hearing;

(e)for requiring the repayment to the Secretary of State in whole or in part of payments under paragraph 2 of Schedule 8 to the Contributions and Benefits Act subsequently found not to have been due, for the deduction of any sums so required to be repaid from payments under that paragraph or by way of industrial injuries benefit, and for the deduction from payments under that paragraph of any sums which may by virtue of any provision of this Act be recovered by deduction from any payment by way of such benefit.

(5)The Secretary of State may make such payments in connection with the administration of any scheme (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under any such scheme), as he may with the consent of the Treasury determine.

(6)Notwithstanding anything in this Act, Chapter II of Part I of the Social Security Act 1998 or the Contributions and Benefits Act, a scheme shall not require a person to submit himself to medical treatment.^F1

(7)A scheme varying an earlier scheme may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier scheme in respect of periods before the making of the later scheme.

Provisions ancillary to paragraph 4 of Schedule 8

(1)Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6) of paragraph 1 above shall have effect for the purposes of paragraph 4 of Schedule 8 to the Contributions and Benefits Act as if in those sub-paragraphs—

(a)any reference to a scheme were a reference to a scheme under paragraph 4;

(b)any reference to paragraph 2 of Schedule 8 to the Contributions and Benefits Act were a reference to paragraph 4;

(c)any reference to allowances (other than the reference in sub-paragraph (4)) included a reference to any other payment under paragraph 4.

(2)Nothing in this Schedule or in Schedule 8 to that Act shall authorise the recovery of sums by deduction from payments under paragraph 4 of that Schedule in respect of the death of any person, or the abatement of such payments.

(3)Without prejudice to the powers conferred by paragraph 1 above as applied by this paragraph, a scheme under paragraph 4 may in particular make provision for the determination by a medical board of questions of such classes as may be prescribed by the scheme.

(4)Without prejudice to the provision made by sub-paragraphs (1) and (3) above with respect to the determination of questions, such a scheme may, where it appears to the Secretary of State expedient so as to avoid the introduction or working of the scheme being impeded, provide that, in any circumstances prescribed by the scheme, a person shown to be disabled by a disease shall be presumed for the purposes of the scheme to have been disabled by that disease for such period previously, and the disablement to have been during that period or any part of it of such a nature and degree, as may be so prescribed.

Adjustment of benefit in certain cases

(1)A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under the paragraph in question or under the other of those paragraphs in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under the paragraph in question or, as the case may be, to both such an allowance and an allowance under the other of those paragraphs.

(2)Where immediately before 22nd June 1967 (the commencement of the Industrial Injuries and Diseases (Old Cases) Act 1967) a person was receiving payments by virtue of section 3(2) of the Workmen's Compensation and Benefit (Amendment) Act 1965 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive on or after 6th April 1975 (the commencement of the Old Cases Act) by way of allowances under section 2 or 5 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period commencing on or after that date for which he would have so continued if neither Act had been passed.

Overpayments

(4)A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 71 above in relation to the benefits to which it applies.