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The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348286618

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 7(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41), for approval by resolution of each House of Parliament.

SOCIAL SECURITY

Made ***

Coming into force 31st October 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), (2) and (4), and 7(1) and (2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979f1 (“the 1979 Act”).

In accordance with section 7(3) of the 1979 Actf2, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

1979 c. 41.

f2

Section 7(3) was amended by section 58(4) of the Welfare Reform Act 2007 (c. 5).

Contents

  1. 1Citation, commencement, application and extent
  2. 2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
  3. 3Amendment to regulation 2
  4. 4Amendment to regulation 3
  5. 5Amendment to regulation 4
  6. 6Omission of regulations 5 and 6
  7. 7Amendment to regulation 7
  8. 8Insertion of regulation 7A
  9. 9Omission of regulation 8
  10. 10Amendment to the Schedule
  11. Signature
  12. Explanatory note

1Citation, commencement, application and extent

(1)

These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 and come into force on 31st October 2026.

(2)

These Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after 31st October 2026.

(3)

These Regulations extend to England and Wales and Scotland.

2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988f1 are amended as follows.

3Amendment to regulation 2

In regulation 2(1) (interpretation)—

(a)

for sub-paragraph (e) substitute—

“(e)

“determination” means a determination made by the Secretary of State in connection with a claim for disablement benefit;”;

(b)

for sub-paragraph (h) substitute—

“(h)

“percentage assessment” means percentage disability assessed in respect of a disease for the purpose of determining entitlement to disablement benefit under section 108 of the Social Security Contributions and Benefits Act 1992f1 or under any corresponding provision of the former Industrial Injuries Actsf2;”;

(c)

omit sub-paragraph (j).

4Amendment to regulation 3

In regulation 3 (payments to persons disabled by a disease)—

(a)

in paragraph (1), for “Table 1 of” substitute “the table in”;

(b)

omit paragraphs (2) and (4).

5Amendment to regulation 4

In regulation 4 (payments to dependants of persons disabled by a disease)—

(a)

in paragraph (1), for the words “by ascertaining the amount” to the end, substitute “in accordance with the table in the Schedule”;

(b)

omit paragraphs (2) to (5);

(c)

in paragraph (6)—

(i)

in sub-paragraph (a), in the words before paragraph (i), for “Table 2 of” substitute “the table in”;

(ii)

in sub-paragraph (b)—

(aa)

for “Part A of Table 2” substitute “the table in the Schedule”;

(bb)

for “Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board” substitute “medical practitioner appointed to act on behalf of the Secretary of State”;

(d)

omit paragraph (7).

6Omission of regulations 5 and 6

Omit—

(a)

regulation 5 (payment where death results from diffuse mesothelioma);

(b)

regulation 6 (payment where pneumoconiosis is accompanied by tuberculosis).

7Amendment to regulation 7

In regulation 7 (power of Secretary of State to determine amount of payment)—

(a)

in the words before paragraph (a), for “regulation 3” substitute “paragraph 3(1) of the Schedule”;

(b)

in paragraph (a), for “regulation 3” substitute “paragraph 3(1) of the Schedule”.

8Insertion of regulation 7A

After regulation 7, insert—

“Payment to personal representatives

7A
(1)

Where—

(a)

a claim is made, and

(b)

the person making the claim dies before payment is made,

payment must be made to the person’s personal representatives, subject to the condition in paragraph (2) having been met.

(2)

The condition is that any document that is by law sufficient evidence of the grant of—

(a)

probate of the will of the person,

(b)

letters of administration of the estate of the person, or

(c)

confirmation as executor of the person,

has been provided to the Secretary of State.”.

9Omission of regulation 8

Omit regulation 8 (minimum amount payable to dependant).

10Amendment to the Schedule

In the Schedule—

(a)

in the shoulder note, for “Regulations 3, 4 and 6”, substitute “Regulations 3 and 4”;

(b)

in the part headed “Table 1”—

(i)

in the heading, for “Table 1” substitute “Table”;

(ii)

in paragraph 1—

(aa)

omit “or regulation 6”;

(bb)

for “regulation 4(1)” substitute “regulation 4”;

(iii)

omit paragraph 2;

(iv)

in paragraph 3—

(aa)

for sub-paragraph (1), substitute—

“(1)

In the first column of the table, “age of disabled person” means—

(a)

in relation to the determination of a payment to a disabled person under regulation 3, the person’s age on the date that the claim was received by the Secretary of State;

(b)

in relation to the determination of a payment to a dependant of a deceased sufferer under regulation 4, the age of the deceased sufferer at their date of death.

(1A)

The applicable payment rate is the rate that is in force on the date specified in sub-paragraph (1)(a) or (b), as appropriate.”;

(bb)

omit sub-paragraph (2);

(v)

omit paragraph 4;

(vi)

in the table, in the shared heading to columns 2 to 11, omit “for the relevant period”;

(vii)

omit the part headed “Table 2”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Department for Work and Pensions

Explanatory note

(This note is not part of the Regulations)

Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41) (“the 1979 Act”), lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled before they died. The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the 1988 Regulations”) prescribe the amount of payments to be made under the 1979 Act, according to the person’s age and level of disablement.

These Regulations amend the 1988 Regulations to:

  • remove reference to defunct assessment boards;

  • align the rates of pay for dependants with the rates for sufferers;

  • remove the top-up awards;

  • introduce a clear relevant date for the purposes of calculating awards;

  • clarify to whom payment is to be made where a person makes a claim in life but dies before it can be paid.

By virtue of regulation 1(2), the amendments made by these Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Act on or after 31st October 2026.

A full impact assessment has not been produced as these Regulations concern financial assistance from the Department for Work and Pensions which is out of scope of the Better Regulation Framework.

An Explanatory Memorandum is available alongside these Regulations at www.legislation.gov.uk.