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Article 4 Major incapacity allowances under scheme

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this scheme, a major incapacity allowance shall be payable out of F1money provided by Parliament to a person who is or has since 5th July 1956 been entitled to weekly payments by way of workmen's compensation—

(a)

in respect of any injury or disease other than pneumoconiosis or byssinosis if he is as a result of that injury or disease totally incapable of work and likely to remain so for a considerable period; or

(b)

in respect of pneumoconiosis if he is certified under a compensation scheme or is determined in accordance with article 14 of this scheme, to be totally disabled; or

(c)

in respect of byssinosis; or

(d)

in respect of 2 or more injuries or diseases such as are mentioned in the 3 foregoing sub-paragraphs, if he is as the joint result of those injuries or diseases totally incapable of work and likely to remain so for a considerable period;

so long as he is ordinarily resident in the United Kingdom.

(2)

The weekly rate of a major incapacity allowance payable to a person shall be the corresponding disablement pension rateF2....

(3)

For the purposes of this article an allowance payable by virtue of any scheme under the 1951 Act in force immediately before 1st March 1966 shall be treated as a weekly payment by way of workmen's compensation.

Annotations

Textual amendments

F1

Words in art. 4(1) substituted (9.1.1991) by The Workmens Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990 (S.I. 1990/2538), arts. 1, 2(2)(a)

F2

Words in art. 4(2) revoked (6.4.1987) by The Workmens Compensation (Supplementation) Amendment Scheme 1987 (S.I. 1987/419), arts. 1, 2(1)(a), with 2(2)