PNEUMOCONIOSIS AND BYSSINOSIS BENEFIT AMENDMENT SCHEME, 1958 (Hansard, 23 July 1958)

§ THE EARL OF SELKIRK

My Lords, I beg to move that this Scheme be approved. This is the fourth amending scheme to the benefit scheme made under the Pneumoconiosis and Byssinosis Benefit Act, 1951. This Act, of course, applies only to persons who contracted the disease as a result of employment before 5th July, 1948: subsequent to that date they would fall under the Industrial Injuries Act. This Order has a very limited scope and brings the adjudication in case of death resulting from the disease into line with the procedure under the Industrial Injuries Act.

Up to the present time these questions have been decided by the Silicosis Medical Board, and the decision of the Board has been binding and conclusive. It is now proposed that these questions should be decided in the first instance by an insurance officer, with a right of appeal to the local appeal tribunal and ultimately to the Industrial Injuries Commissioner. I am sure that this is desirable because it will ensure uniformity of decisions on similar questions arising under the scheme and the Industrial Injuries Act. A widow would, of course, have full right to appeal before the tribunal or the Commissioner, with the support, if she wishes, of medical or other witnesses. I beg to move.