Citation, commencement and interpretation

1.-(1) This Order, which may be cited as the Redundant Mineworkers (Payments Scheme) Order 1972, shall come into operation fourteen days after it has been approved by resolution of each House of Parliament.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Amendment of former Order

2. The Redundant Mineworkers (Payments Scheme) Order 1968 (1)as amended (2) is further amended-

(a)by the substitution of paragraphs (4) and (6) to (8) of Article 5 of the Schedule to this Order for paragraph (2) of Article 5 of the Schedule thereto;

(b)by the substitution of paragraphs (1) to (3) of Article 6 of the Schedule to this Order for paragraphs (1) to (4) of Article 6 of the Schedule thereto; and

(c)by the substitution of paragraph (2) of Article 7 of the Schedule to this Order for the same paragraph of the same Article of the Schedule thereto.

Application of the Scheme

3. The Scheme set out in the Schedule to this Order shall apply to the classes of persons prescribed therein, being persons who at any time between 25th March 1972 and 31st March 1974-

(a)were employed at a coal mine or at any place of a class prescribed in the Scheme; and

(b)became redundant within the meaning of the Scheme after attaining the age of 55 and before attaining the age of 65 in the case of men or 60 in the case of women.

APPENDIX 1PRESCRIBED PLACES

• Ambulance stations

• Civil engineering depots

• Coal depots

• Coal laboratories

• Coal preparation plants

• Coal stocking grounds

• Electricity distributions installations

• Estate and house maintenance depots

• Generating plants

• Granaries (for foodstuffs for pit ponies)

• Medical centres

• Mineral processing plants

• Pumping stations

• Railway sidings and other places associated with the operation of railways

• Rescue stations

• Road transport depots

• Shipping staithes and wharves

• Stone and dust disposal and treatment plants

• Timber impregnation plants

• Training centres

• Waterworks

• Workshops, stores and plant pool depots

APPENDIX 2GRADES OF EMPLOYMENT IN WHICH A COAL INDUSTRY EMPLOYEE IS ELIGIBLE FOR PAYMENTS UNDER THIS SCHEME

1. Any grade of official to whom the First Schedule of an agreement dated 26th March 1971 (made between the Board of the one part and the National Association of Colliery Overmen, Deputies and Shotfirers of the other part) applies.

2. Any grade of weekly paid industrial staff to whom Schedule 1 or Schedule 4 of an agreement dated 1st May 1968 (made between the Board of the one part and the National Association of Colliery Overmen, Deputies and Shotfirers and the National Union of Mineworkers of the other part) applies.

3. Foreman other than a grade of Foreman under the agreement referred to in paragraph 2.

4. Canteen Manager.

5. Canteen Managers.

6. Canteen Supervisor.

APPENDIX 3COMPUTATION OF PERIOD OF EMPLOYMENT

Preliminary

1. A coal industry employee's period of employment shall be computed in weeks in accordance with this Appendix, and the period of ten years mentioned in Article 4 of this Scheme shall be taken as 520 weeks.

General provisions as to the period of employment

2.-(1) Except so far as is otherwise provided by the following provisions of this Appendix any week which does not count under paragraphs 3, 4, 5 and 6 of this Appendix breaks the continuity of the period of employment.

(2) During any week which breaks the continuity of the period of employment a coal industry employee shall not be treated as being in the employment of a coal industry employer.

Normal working weeks

3. Any week in which a coal industry employee is employee for 21 hours or more by a coal industry employer shall count in computing a period of employment.

Employment governed by contract

4. Any week during the whole or part of which a coal industry employee's relations with a coal industry employer are governed by a contract of employment which normally involves employment for 21 hours or more weekly shall count in computing a period of employment.

Periods in which there is a no contract of employment

5.-(1) If in any week a coal industry employee is for the whole or part of that week:-

(a)incapable of work in consequence of sickness or injury; or

(b)absent from work on account of a temporary cessation of work; or

(c)absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of a coal industry employer for all or any purposes,

that week shall, notwithstanding that it does not fall within paragraphs 3 or 4 of this Appendix, count as a period of employment.

(2) Not more than 26 weeks shall count under head (a) of the foregoing sub-paragraph between any two periods falling within paragraphs 3 and 4 of this Appendix.

Industrial Disputes

6. If during any week a coal industry employee was for the whole or any part of that week absent from work because he was taking part in a strike that week shall count as a period of employment.

Interpretation

7. In this Appendix, unless the context otherwise requires;-

"period of employment" means period of employment by a coal industry employer and in the case of paragraph 1 by any other employer at a coal mine or at a prescribed place prior to 1st January 1947;

"strike" means the cessation of work by a body of coal industry employees acting in combination or a concerted refusal or refusal under a common understanding of any number of coal industry employees to continue to work for a coal industry employer in consequence of a dispute done as a means of compelling that coal industry employer or any person or body of persons employed or to aid other employees in compelling their employer or any person or body of persons employed to accept or not to accept terms or conditions of or affecting employment.

APPENDIX 4

THE SCHEDULETHE REDUNDANT MINEWORKERS PAYMENTS SCHEME

Definitions

1. In this Scheme, unless the context otherwise requires:-

"the Board" means the National Coal Board;

"the basic benefit" means the total amount payable under Article 5;

"coal industry employee" has the meaning assigned thereto in Article 2;

"coal industry employer" in relation to any person employed by the Board or by a small mine licensee means the Board or the small mine licensee as the case may be, and in relation to any person who is a workmen's employee means the person or persons responsible for the payment of such person's remuneration;

"disablement pension" means disablement pension under the National Insurance (Industrial Injuries) Act 1965;

"earnings-related supplement" means an increase of unemployment or sickness benefit under section 2 of the National Insurance Act 1966 (benefit by way of an earnings-related supplement) but not such an increase as is referred to in section 2(6) of that Act (benefit payable to a widow);

"the former Scheme" means the Redundant Mineworkers Payments Scheme contained in the Schedule to the Redundant Mineworkers (Payments Scheme) Order 1968 as amended;

"house" has the same meaning as in section 58(1) of the Housing (Financial Provisions) Act 1958;

"industrial accident" means any accident arising out of or in the course of employment;

"industrial disease" means any disease or personal injury for the time being prescribed under section 56 of the National Insurance (Industrial Injuries) Act 1965;

"injury benefit" means industrial injury benefit under the National Insurance (Industrial Injuries) Act 1965;

"invalidity benefit" and "invalidity pension" meanrespectively invalidity benefit and invalidity pension under the National Insurance Act 1971;

"Mineworkers' Pension Scheme" means the Mineworkers' Pension Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1950(3);

"pre-redundancy earnings" means in relation to any person that person's average weekly earnings as a coal industry employee during the relevant tax year in the grade in which he was employed at the relevant date if he was so employed during that year and had earnings from that employment in not less than 13 weeks of that year, but otherwise the average weekly earnings which it is calculated he would have had if he had been so employed during the whole of that year having such regard as the Secretary of State may consider appropriate to the average weekly earnings of other coal industry employees who were employed in the same grade by that same employer throughout the relevant tax year;

"prescribed place" means a place of a class specified in Appendix 1;

"redundant person" has the meaning assigned thereto in Article 4;

"the relevant date" has the same meaning as in sections 3(4) or 4(2) of the Redundancy Payments Act 1965 as the case may be;

"the relevant tax year" means the last complete income tax year before the relevant date;

"sickness benefit" means sickness benefit under the National Insurance Act 1965;

"self-employed" means a self-employed person for the purposes of section 1(2)(b) of the National Insurance Act 1965 (description and classification of insured persons);

"small mine licensee" means any individual working coal by virtue of the grant of a gale in the Forest of Dean or in any other part of the Hundred of St. Briavels and any person or body of persons for the time being engaged in coal mining activities by virtue of a licence granted by the Board under section 36(2)(a) of the Coal Industry Nationalisation Act 1946;

"special hardship allowance" means an increase of disablement pension under section 14 of the National Insurance (Industrial Injuries) Act 1965 (increase of disablement pension in cases of special hardship);

"the Staff Superannuation Scheme" means the National Coal Board Superannuation Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1946(4);

"supplementary allowance" means supplementary allowance under the Ministry of Social Security Act 1966;

"the Supplementary Benefits Commission" has the same meaning as in Section 3 of the Ministry of Social Security Act 1966;

"supplementary pension" means Supplementary pension under the Ministry of Social Security Act 1966;

"unemployment benefit" means unemployment benefit under the National Insurance Act 1965;

"week" means a period of seven days beginning with midnight between Saturday and Sunday;

"workmen's employee" means any person who is employed at a coal mine or a prescribed place being a person remunerated out of moneys provided by deductions from the wages of or contributions by employees of a coal industry employer;

and references to any enactment, order, regulation or scheme shall be construed as references to the same as amended from time to time.

Eligibility for payment

2. Any person who is or was on the relevant date employed at a coal mine or a prescribed place being either-

(a)a person so employed by the Board or by a small mine licensee-

(i)in a grade which renders him eligible for membership of the Mineworkers' Pension Scheme; or

(ii)in a grade which is specified in Appendix 2; or

(b)a person so employed as a workmen's employee,

shall, subject as hereinafter provided, and provided he is not eligible for payments under the former Scheme, be eligible for payments under this Scheme and such person is hereafter referred to as a "coal industry employee".

Age and redundancy requirements

3. A coal industry employee shall not be eligible for payments under this Scheme unless-

(a)he is a redundant person and, in the case of an employee employed at a prescribed place, became a redundant person by reason of the cessation or reduction of the services or facilities at that place, being services or facilities ancillary to one or more coal mines, in consequence of the closure of one or more such mines or the reduction in the number of persons employed thereat;

(b)when he became a redundant person the relevant date fell between 25th March 1972 and 31st March 1974; and

(c)on the relevant date he had attained the age of 55 and had not attained the age of 65 in the case of a man or 60 in the case of a woman.

Requirements of a redundant person

4.-(1) A coal industry employee shall be a redundant person within the meaning of this Scheme if he has completed a total period of not less than 10 years' employment with one or more coal industry employers, or with any other employer at a coal mine or at a prescribed place prior to 1st January 1947, and in consequence of his dismissal on the relevant date by a coal industry employer, he either-

(a)becomes entitled to receive a redundancy payment under the Redundancy Payments Act 1965 from that employer; or

(b)would have become entitled to receive such a payment except only that he had not been continuously employed by one coal industry employment for a period of 104 weeks ending with the relevant date and he had either-

(i)during such period of 104 weeks left the employment of a coal industry employer and not later than one week after leaving such employment had entered into employment with that or any other coal industry employer; or

(ii)become entitled previously to receive such a payment from a coal industry employer and had entered into employment with that or any other coal industry employer not later than 52 weeks after becoming so entitled.

(2) Appendix 3 hereof and not section 8 of the Redundancy Payments Act 1965 (which provides for the calculation of periods of employment) shall apply for the purposes of paragraph (1) of this Article, for ascertaining the length of a coal industry employee's period of employment, and whether or not the period of 104 weeks ending with the relevant date has been continuous.

Basic benefit to be paid

5. Subject as hereinafter provided-

(1) The Secretary of State may pay to any coal industry employee eligible for payments under the foregoing provisions of this Scheme the weekly sum specified in column 2 of Appendix 4 opposite the amounts specified in column 1 of that Appendix appropriate to the amount of that employee's pre-redundancy earnings.

(2) When the weekly sum payable under paragraph (1) has been paid for 52 weeks it may be supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of the said 52 weeks and when the said weekly sum (supplemented as aforesaid) has been paid for a further 52 weeks it may be further supplemented in respect of any subsequent week by such additional weekly sum as the Secretary of State may think appropriate to take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the expiry of these further 52 weeks.

(3) Where any coal industry employee eligible for payments under this Scheme is re-employed by a coal industry employer and then ceases to be so employed the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during his period of re-employment by a coal industry employers as well as the changes in the cost of living during a period specified in that paragraph:

Provided that this paragraph does not apply to such an employee who is so employed for a period of not less than one year and makes an election under paragraph (4).

(4) A coal industry employee eligible for payments under this Scheme who is re-employed by a coal industry employer for a period of not less than one year and then is dismissed by a coal industry employer by reason of redundancy within the meaning of section 1 of the Redundancy Payments Act 1965, may elect to substitute his date of cessation of that employment as the relevant date for the purpose of calculating his pre-redundancy earnings referred to in paragraph (1) and for the purpose of adjusting his basic benefit under Article 6 provided the said election is made within 26 weeks of such cessation.

(5) Where a coal industry employee makes an election under paragraph (4), the Secretary of State in assessing the supplements under paragraph (2) may take account of changes in the cost of living during the period of 12 months ending on the 6th April which immediately precedes the date on which the weekly sum payable under paragraph (1) has been paid for 52 weeks and the further period of 52 weeks respectively after the date substituted as the relevant date by virtue of the said election under paragraph (4).

(6) Where any coal industry employee was on the relevant date occupying a house as a tenant of or under a licence from the Board and, in consequence of his having ceased to be in their employment, the Board-

(a)in the case of an employee who immediately before such relevant date was not making any payment to them in respect of his occupation of that house, charge that employee any weekly payment in respect of his occupation of that house or any other house; or

(b)in the case of an employee who immediately before such relevant date was making a payment to them in respect of his occupation of that house, increase the weekly amount payable in respect of his occupation of that house or any other house,

then, provided that such employee is eligible for payments under the foregoing provisions of this Scheme, the Secretary of State may pay to him in addition to any sums payable under this Article either-

(i)a weekly sum equal to the weekly amount of such payment or weekly increase of such payment as the case may be; or

(ii)the weekly sum of £1,

whichever shall be the less.

(7) A coal industry employee shall remain eligible for payments under paragraph (6) notwithstanding the sale of the house in respect of which the weekly sum is payable or his having moved to another house.

(8) Paragraph (6) shall not apply to any coal industry employee who receives any rent rebate or allowance under any National Rent Rebate and Allowance Scheme.

Adjustment of the basic benefit

6.-(1) Subject to paragraph (3), if in any week in respect of which the basic benefit is payable to any coal industry employee he is entitled to receive any of the payments specified under heads (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) of this Article the basic benefit payable to him in respect of that week shall be reduced or extinguished by making the deduction specified below in relation to that head-

(i)in respect of-

(a)earnings-related supplement;

(b)injury benefit in excess of the amount of any sickness benefit or invalidity pension which would have been payable to a coal industry employee had he been entitled to receive sickness benefit or invalidity pension in place of that injury benefit;

(c)pension benefits, other than widows' benefits, paid under the Mineworkers' Pension Scheme;

(d)pension benefits, other than widows' benefits, paid before normal retiring age under any scheme, other than the Mineworkers' Pension Scheme or the Staff Superannuation Scheme, established or continued by the Board under the Coal Industry Nationalisation (Superannuation) Regulations 1950;

(e)supplementary allowance or supplementary pension in excess of the amount which the Supplementary Benefits Commission determine would have been paid had the payments under this Scheme been made before the amount of supplementary allowance or supplementary pension was determined;

by the amount of any such benefits which such employee becomes entitled to receive after the relevant date;

(ii)in respect of-

(f)special hardship allowance in respect of an industrial accident sustained or an industrial disease developed before the relevant date;

(g)supplementary disablement pension under the National Insurance (Industrial Injuries) Colliery Workers Supplementary Scheme;

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits) after the last week before the relevant date in which such employee is not entitled to sickness, invalidity or injury benefit;

(iii)in respect of-

(h)workmen's compensation under the Workmen's Compensation Acts 1925 to 1945, the enactments repealed by the Workmen's Compensation Act 1925, or under any contracting-out scheme duty certified under any of those Acts;

(i)benefit under the Workmen's Compensation (Supplementation) Scheme 1966(5);

(j)benefit under the Scheme established by the Board pursuant to a resolution dated 2nd July 1948 for providing benefits to persons in receipt of workmen's compensation or in receipt of benefits under the Pneumoconiosis (Benefit) Scheme 1943(6);

by the amount of any such benefits which such employee becomes entitled to receive taking into account any increases or decreases thereof (but ignoring any general increases in such benefits or any individual variation thereof resulting from a change of category from partial to total, or from lesser to major, incapacity, as the case may be) after the last week before the relevant date in which such employee is not entitled to sickness, invalidity or injury benefit.

(2) Where a coal industry employee eligible for payments under this Scheme has been entitled to receive unemployment benefit and his right to that benefit excluding an earnings-related supplement thereof has become exhausted, so long as he remains unemployed there shall be payable to him, in addition to the basic benefit, a weekly sum equal to the weekly rate of unemployment benefit, excluding an earnings-related supplement thereof, which he would have been entitled to receive but for such exhaustion.

(3) In any week in respect of which a coal industry employee is entitled to receive under paragraph (2) an addition to the basic benefit, the aggregate of the basic benefit and that addition shall be reduced or extinguished by deducting therefrom an amount equal to the aggregate of the amounts referred to in paragraph (1) which such employee is entitled to receive in respect of that same week.

(4) The weekly sum payable by virtue of Article 5(1) in respect of a week commencing after 6th April 1973 to a coal industry employee whose relevant date falls on or after the said date shall be reduced by an amount equal to any increase in the amount of unemployment benefit for a man over the age of 18 with one adult dependant which may have been made during the 12 months immediately preceding 6th April 1973.

(5) Where a coal industry employee makes an election under Article 5(4) paragraph (4) of this Article will not apply and the weekly sum referred to in Article 5(1) shall be reduced by an amount equal to any increase in the amount of unemployment benefit for a man over the age of 18 with one adult dependent which may have been made during the period between 6th April 1972 and the 6th April immediately preceding the date substituted as the relevant date by virtue of an election under Article 5(4).

Limitation of benefits

7.-(1) No payments shall be made under this Scheme to any coal industry employee who receives any payment, other than widow's benefit, under the Staff Superannuation Scheme.

(2) Subject to paragraph (4), no payments shall be made under this Scheme to any coal industry employee in respect of any day in any week unless in respect of such day that employee satisfies the conditions for receipt of unemployment benefit, sickness benefit or invalidity benefit, or would satisfy those conditions but for-

(a)the provisions of regulations made under section 50 of the National Insurance Act 1965 (overlapping benefits); or

(b)the fact that his right to that benefit is exhausted; or

(c)(in the case of unemployment benefit only) the fact that he was employed or self-employed for not more than 21 hours in that week;

(d)being a married woman or widow and having elected not to pay National Insurance contributions;

(e)(in the case of unemployment benefit only) being self-employed for a period after the relevant date;

and for the purposes of this paragraph, payments in respect of any day shall be one-sixth of the appropriate weekly rate.

(3) No payments shall be made under this Scheme in respect of any week in which a coal industry employee is in the employment of a coal industry employer.

(4) In respect of any week during which a coal industry employee is self-employed or in the employment of a person other than a coal industry employer the amount payable to him under this Scheme shall not exceed-

(a)the basic benefit adjusted if appropriate in accordance with the provisions of Article 6; or

(b)the sum of £6,

whichever shall be the less.

Duration of benefits

8.-(1) Subject to the following paragraphs of this Article, payments under this Scheme shall first become payable to a coal industry employee in respect of the week commencing next after the relevant date applicable but shall not be payable to any coal industry employee in respect of any week falling after-

(a)the attainment by such employee of the age of 65 in the case of a man or 60 in the case of a woman; or

(b)26th March 1977,

whichever shall first occur.

(2) No coal industry employee shall be eligible for payments under this Scheme in respect of an aggregate of more than 156 weeks.

(3) Any week in which a coal industry employee is in the employment of a coal industry employer shall not be taken into account in calculating the period of 156 weeks referred to in paragraph (2) nor the two periods of 52 weeks referred to in Article 5(2).

(4) Any day or week in respect of which a coal industry employee is disqualified under Article 7(2) from receiving payments under this Scheme shall be taken into account in calculating such period of 156 weeks.

Meaning of Employment in Articles 7 and 8

9. For the purposes of Article 7(3) and (4) and Article 8, employment or self-employment in any week for not more than 21 hours shall not be regarded as employment or self-employment as the case may be.

Rounding-off of benefits

10. Where the total weekly sum payable to a coal industry employee under this Scheme exceeds five new pence or a multiple thereof by a fraction of five new pence that fraction shall be disregarded if it is less than two and a half new pence and shall be treated as five new pence if it is two and a half new pence or more.

Time of payments of benefits

11. Sums payable to a coal industry employee under this Scheme may be paid in arrear and at intervals of not more than 6 weeks.

Claims for benefits

12.-(1) Subject to paragraph (2), it shall be a condition of the making of payments under this Scheme to any coal industry employee that a claim for those payments shall be submitted to the Secretary of State not later than 26 weeks after the relevant date.

(2) In any case in which the Secretary of State is satisfied that there is reasonable ground for failing to make a claim within such period as aforesaid he may, from time to time, extend the period within which a claim may be made under paragraph (1) on application being made to him in that behalf and notwithstanding that such period has expired.

EXPLANATORY NOTE

This Order establishes under the Coal Industry Act 1967 and the Coal Industry Act 1971 a scheme for the payment of weekly benefits in certain cases to supplement the income of mineworkers made redundant between 25th March 1972 and 31st March 1974, after attaining the age of 55 and before attaining the age of 65 in the case of men or 60 in the case of women.

The scheme prescribes the classes of persons eligible and sets out the places at which they must be employed in order to qualify.

The amount of benefit is based on pre-redundancy earnings, but is subject to certain specified additions and deductions and no person is eligible for benefit for a total period of more than 156 weeks.

The scheme differs in certain respects from the former scheme. The weekly sum payable to beneficiaries will be supplemented after the fifty-second and one hundred and fourth weeks of benefit to take account of changes in the cost-of-living. The amount of weekly benefit which a beneficiary may retain if he obtains other employment has been increased. In addition there are a number of minor changes from the provisions of the former scheme made under the Coal Industry Act 1967. The order also makes some amendments to the former scheme.

This Order comes into operation on 16th March 1972.