Explanatory note

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.