HC Deb 03 April 1990 vol 170 cc1133-5

Amendments made: No. 67, in page 43, line 38, at end insert—

'Regulations relating to industrial injuries and diseases

3A.—(1) In section 76 of the principal Act, after subsection (4) (power to make regulations for determining, among other things, the time at which a person is to be treated as having developed a prescribed injury or disease) there shall be inserted-

"(4A) Notwithstanding any other provision of this Act, the power conferred by subsection (4)(a) above includes power to provide that the time at which a person shall be treated as having developed a prescribed disease or injury shall be the date on which he first makes a claim which results in the payment of benefit by virtue of this Chapter in respect of that disease or injury."

(2) In section 77 of that Act, at the end of subsection (2) (power to modify provisions relating to disablement benefit and its administration) there shall be added the words—"and for the purposes of this subsection the provisions of this Act which relate to the administration of disablement benefit or reduced earnings allowance shall be taken to include section 165A and any provision which relates to the administration of both the benefit in question and other benefits."

(3) Regulations 6(2)(c), 25 and 36 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (onset of occupational deafness and time for claiming in respect of occupational deafness or occupational asthma), and any former regulations which they directly or indirectly re-enact with or without amendment, shall be taken to be, and always to have been, validly made.'.

No. 85, in page 44, line 29, at end insert—

'Restrictions on entitlement to benefit in certain cases of error'

5A.—(1) In section 104 of the principal Act (reviews), after the subsection (6) inserted by section 5(3) of this Act, there shall be inserted— (7) Section 165C below shall apply in relation to a review under this section of a decision on the ground that it was erroneous in point of law in any case where the claim in question was made or treated as made as mentioned in subsection (1)(b) of that section as it applies in relation to a claim so made or treated as made.

(2) After the section 165B of that Act inserted by section 5(2) of this Act there shall be inserted the following section—

"Restrictions on entitlement to benefit in certain cases of error

165C.—(1) This section applies where—

  1. (a) on the determination of a Commissioner or the court (the "relevant determination"), a decision made by an adjudicating authority is found to have been erroneous in point of law; and
  2. (b) a claim for benefit is or has been made or treated as made (whether by the same or any other claimant and whether for the same or some other benefit and whether before or after the relevant determination) which, in consequence of the relevant determination, falls to be determined otherwise than it would have been determined had it been required to be determined in acordance with the erroneous decision.

(2) Where this section applies, the claimant in relation to the claim mentioned in subsection (1)(b) above shall not be entitled to the benefit in question—

  1. (a) if it is a widow's payment, in respect of a death occurring before the relevant date, or
  2. (b) if it is any other benefit, in respect of any period before the relevant date, notwithstanding anything in section 165A(2) above.

(3) In this section— adjudicating authority" means an adjudication officer, a social security appeal tribunal or a medical appeal tribunal; the court" means the High Court, the Court of Appeal, the Court of Session, the House of Lords or the Court of Justice of the European Community; the relevant date" means whichever is the later of—

  1. (a) the date on which the relevant determination was made; and
  2. (b) the day falling twelve months before the date on which the claim is made or treated as made.".'.

No. 88, in page 48, line 36 at end insert—

'Mobility allowance for certain persons eligible for invalid carriages: pre-consolidation amendment.

10A. The amendments of paragraph (a) of section 13(3) of the Social Security (Miscellaneous Provisons) Act 1977 by the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 shall be deemed never to have been made and that paragraphs shall accordingly have effect and be deemed at all times to have had effect as originally enacted.'.—[Mr. Newton.]
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