Joint Committee on Statutory Instruments Fifth Report


APPENDIX III

Memorandum by the Department of Social Security

WORKMEN'S COMPENSATION (SUPPLEMENTATION) (AMENDMENT) (NO. 2) SCHEME 1997 (S.I. 1997/823)

PNEUMOCONIOSIS, BYSSINOSIS AND MISCELLANEOUS DISEASES BENEFIT (AMENDMENT) SCHEME 1997 (S.I. 1997/824)

  1. This memorandum relates to the instruments referred to above and is in response to the Committee's request to submit a memorandum on the following point:

    New Article 18 (inserted by Article 2 of S.I. 1997/823) limits to 3 months the period of backdating for an allowance under the Workmen's Compensation Scheme 1982 (S.I. 1982/1489). New Article 17 (inserted by Article 2 of S.I. 1997/824) amends the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Scheme 1983 (S.I. 1983/136) by limiting to 3 months the period of backdating for an allowance (or an increase of allowance) and by reducing the time limit for claiming death benefit to 3 months from the date of death. Explain whether these provisions are intended to apply to claims made before the instruments came into force (7 April 1997) and, if so, what authorises this retrospective effect.

  2. The provisions referred to are not intended to apply to claims made before 7 April 1997. Claims made before that date should be dealt with according to the legislation applicable at that time. The provisions do not therefore have retrospective effect.

24th June 1997


 
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