The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012
Draft 2012, ISBN 9780111520628
This Draft Statutory Instrument has been printed in substitution for the Statutory Instrument of the same title, published on 23rd. January 2012,and is being issued free of charge to all known recipients of that Draft Statutory Instrument.
Draft Regulations laid before Parliament under section 7(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, for approval by resolution of each House of Parliament.
Social Security
Made *** 2012
Coming into force 1st April 2012
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1), (2) and (4) and 7(2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979f1.
In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
-
1979 c.41; section 1 was amended by section 24 of the Social Security Act 1985 (c.53) and section 7(3) was amended by section 58 of the Welfare Reform Act 2007 (c.5).
Contents
- 1Citation, commencement and application
- 2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and application
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012 and come into force on 1st April 2012.
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 the day on which they come into force.
2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988f1—
in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,731” substitute “£2,873”;
in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,648” (in both places) substitute “£5,942”; and
for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.
Signature
Signed by authority of the Secretary of State for Work and Pensions
Name
Parliamentary Under-Secretary of State,
Department for Work and Pensions
Date
“SCHEDULE
Regulations 3, 4, 5 and 6
TABLE 1
1.This table is for the determination of payments to disabled persons under regulation 3 or regulation 6 and for the determination of payments to dependants of deceased sufferers under regulation 4(1).
2.The relevant period is the period specified in regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).
3.(1)The age of the disabled person is his age determined in accordance with regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b).
(2)In determining the amount payable to a dependant of a disabled person under regulation 4(1), the age to be taken for the purpose of calculating the sum to be deducted from the amount which would have been payable to the disabled person had he still been alive is the age of the deceased at his last birthday preceding his death.
4.Part A of the table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 1992f1 or under any corresponding provision of the former Industrial Injuries Actsf2, or would be payable but for the disablement amounting to less than the appropriate percentage.
5.Part B of the table prescribes payments to disabled persons to whom an allowance is payable under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 or under any corresponding provision of the former Old Cases Actsf3.
Part A
Age of disabled person
Percentage assessment for the relevant period
10% or
less
£
11%-
20%
£
21%-
30%
£
31%-
40%
£
41%-
50%
£
51%-
60%
£
61%-
70%
£
71%-
80%
£
81%-
90%
£
91%-
100%
£
37 and under 33,246 59,372 69,660 71,641 73,619 75,202 76,785 78,369 79,951 81,536 38 32,296 56,994 67,562 69,980 72,033 73,619 75,202 76,785 78,369 79,951 39 31,345 54,619 65,465 68,315 70,455 71,825 73,619 75,202 76,785 78,369 40 30,398 52,242 63,367 66,651 68,866 70,453 72,033 73,619 75,202 76,787 41 29,447 49,871 61,271 64,985 67,288 68,866 70,453 72,033 73,619 75,202 42 28,491 47,498 59,171 63,331 65,703 67,288 68,866 70,453 72,033 73,619 43 27,073 44,724 57,074 62,062 64,597 66,497 68,077 69,660 71,245 72,829 44 25,646 41,954 54,974 60,796 63,487 65,703 67,288 68,866 70,453 72,033 45 24,225 39,184 52,877 59,527 62,381 64,908 66,497 68,077 69,660 71,245 46 22,798 36,415 50,782 58,263 61,271 64,122 65,703 67,288 68,866 70,453 47 21,376 33,643 48,682 56,994 60,164 63,331 64,908 66,497 68,077 69,660 48 20,147 32,534 47,023 54,463 58,263 61,109 62,696 64,278 65,857 67,447 49 18,920 31,427 45,359 51,929 56,365 58,893 60,478 62,062 63,647 65,231 50 17,693 30,319 43,728 49,397 54,463 56,677 58,263 59,844 61,426 63,011 51 16,466 29,210 42,032 46,862 52,561 54,463 56,061 57,625 59,212 60,796 52 15,239 28,102 40,372 44,329 50,660 52,242 53,832 55,412 56,994 58,575 53 14,089 26,125 37,836 42,114 48,761 50,660 52,242 53,832 55,412 56,994 54 12,942 24,147 35,303 39,901 46,862 49,082 50,660 52,242 53,832 55,412 55 11,796 22,167 32,776 37,678 44,960 47,498 49,082 50,660 52,242 53,832 56 10,646 20,186 30,240 35,464 43,065 45,911 47,498 49,082 50,660 52,242 57 9,499 18,205 27,707 33,246 41,170 44,330 45,911 47,498 49,082 50,660 58 8,747 16,545 24,741 29,840 37,046 39,977 41,678 43,343 44,961 46,546 59 7,993 14,881 21,768 26,440 32,929 35,620 37,441 39,184 40,846 42,427 60 7,247 13,218 18,799 23,034 28,818 31,269 33,203 35,029 36,732 38,316 61 6,489 11,556 15,835 19,630 24,698 26,914 28,971 30,873 32,614 34,197 62 5,739 9,895 12,864 16,227 20,582 22,560 24,741 26,718 28,491 30,081 63 5,343 8,944 11,556 14,509 18,309 20,262 22,324 24,225 25,963 27,546 64 4,956 7,993 10,250 12,783 16,028 17,971 19,911 21,730 23,429 25,012 65 4,553 7,045 8,944 11,066 13,756 15,674 17,494 19,238 20,900 22,483 66 4,159 6,097 7,638 9,339 11,479 13,377 15,080 16,740 18,366 19,949 67 3,762 5,145 6,330 7,619 9,204 11,085 12,666 14,248 15,835 17,416 68 3,659 4,982 6,114 7,304 8,888 10,646 12,171 13,814 15,335 16,900 69 3,563 4,830 5,900 6,987 8,572 10,212 11,679 13,377 14,844 16,384 70 3,462 4,673 5,678 6,670 8,253 9,773 11,183 12,942 14,346 15,873 71 3,366 4,510 5,462 6,351 7,935 9,339 10,689 12,507 13,855 15,359 72 3,266 4,354 5,244 6,037 7,619 8,908 10,191 12,071 13,355 14,844 73 3,184 4,277 5,166 5,918 7,499 8,708 9,994 11,757 12,964 14,407 74 3,108 4,195 5,086 5,799 7,385 8,508 9,799 11,441 12,568 13,962 75 3,030 4,119 5,009 5,678 7,261 8,312 9,597 11,122 12,171 13,534 76 2,949 4,034 4,927 5,562 7,143 8,117 9,403 10,806 11,771 13,104 77 and over 2,873 3,957 4,850 5,440 7,025 7,915 9,204 10,494 11,381 12,666 Part B
Age of disabled person
Extent of incapacity for the relevant period
Partial
£
Total
£
37 and under 59,372 81,536 38 56,994 79,951 39 54,619 78,369 40 52,242 76,787 41 49,871 75,202 42 47,498 73,619 43 44,724 72,829 44 41,954 72,033 45 39,184 71,245 46 36,415 70,453 47 33,643 69,660 48 32,534 67,447 49 31,427 65,231 50 30,319 63,011 51 29,210 60,796 52 28,102 58,575 53 26,125 56,994 54 24,147 55,412 55 22,167 53,832 56 20,186 52,242 57 18,205 50,660 58 16,545 46,546 59 14,881 42,427 60 13,218 38,316 61 11,556 34,197 62 9,895 30,081 63 8,944 27,546 64 7,993 25,012 65 7,045 22,483 66 6,097 19,949 67 5,145 17,416 68 4,982 16,900 69 4,830 16,384 70 4,673 15,873 71 4,510 15,359 72 4,354 14,844 73 4,277 14,407 74 4,195 13,962 75 4,119 13,534 76 4,034 13,104 77 and over 3,957 12,666 TABLE 2
1.This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or 6.
2.The relevant period is the period specified in regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).
3.(1)Parts A and B of the table prescribe payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma.
(2)Part C of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.
4.Part A of the table prescribes payments to—
(a)dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits Act 1992f4 is payable;
(b)dependants of a person to whom disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable immediately before that person died; and
(c)dependants of a person to whom disablement benefit would have been payable immediately before that person died but for the occurrence of one of the circumstances listed in regulation 5(1)(a)(iii), or but for the person’s disablement amounting to less than the appropriate percentage.
5.Part B of the table prescribes payments to—
(a)dependants to whom death benefit has been paid under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992; and
(b)dependants of persons to whom an allowance was payable under such a scheme or under a scheme made, or having effect as if made, under any corresponding provision of the former Old Cases Acts.
Part A
Age of disabled person
Percentage assessment for the relevant period
10% or less
11%-20%
21%-30%
31%-49%
50% and over
£
£
£
£
£
37 and under 21,058 35,903 40,254 41,445 42,432 38 20,583 34,556 39,067 40,254 41,520 39 20,110 33,210 37,880 39,066 40,610 40 19,629 31,863 36,692 37,880 39,700 41 19,157 30,519 35,504 36,692 38,790 42 18,686 29,177 34,316 35,504 37,880 43 17,828 27,432 33,247 34,434 37,009 44 16,979 25,685 32,175 33,368 36,129 45 16,130 23,945 31,110 32,297 35,264 46 15,277 22,202 29,949 31,228 34,394 47 14,427 20,461 28,976 30,164 33,525 48 13,777 19,986 28,186 29,332 32,455 49 13,119 19,512 27,389 28,500 31,386 50 12,468 19,035 26,601 27,664 30,318 51 11,816 18,563 25,810 26,838 29,253 52 11,162 18,089 25,018 26,005 28,186 53 10,863 16,979 23,515 24,857 27,309 54 10,568 15,870 22,007 23,709 26,441 55 10,273 14,762 20,503 22,563 25,570 56 9,976 13,654 18,999 21,417 24,695 57 9,499 12,550 17,494 20,267 23,827 58 8,747 11,753 15,776 18,250 21,417 59 7,993 10,961 14,055 16,229 18,999 60 7,247 10,175 12,329 14,210 16,586 61 6,489 9,380 10,610 12,192 14,170 62 5,739 8,593 8,885 10,175 11,753 63 5,343 8,531 8,771 9,795 11,064 64 4,956 7,993 8,646 9,420 10,379 65 4,553 7,045 8,531 9,042 9,676 66 4,159 6,097 7,638 8,668 8,986 67 and over 2,873 3,957 4,850 5,440 7,025 Part B
Age of disabled person
Extent of incapacity for the relevant period
Partial
£
Total
£
37 and under 35,903 42,432 38 34,556 41,520 39 33,210 40,610 40 31,863 39,700 41 30,519 38,790 42 29,177 37,880 43 27,432 37,009 44 25,685 36,129 45 23,945 35,264 46 22,202 34,394 47 20,461 33,525 48 19,986 32,455 49 19,512 31,386 50 19,035 30,318 51 18,563 29,253 52 18,089 28,186 53 16,979 27,309 54 15,870 26,441 55 14,762 25,570 56 13,654 24,695 57 12,550 23,827 58 11,753 21,417 59 10,961 18,999 60 10,175 16,586 61 9,380 14,170 62 8,593 11,753 63 8,531 11,064 64 7,993 10,379 65 7,045 9,676 66 6,097 8,986 67 and over 3,957 7,025 Part C
Age of disabled person
Payment
£
37 and under 42,432 38 41,520 39 40,610 40 39,700 41 38,790 42 37,880 43 37,009 44 36,129 45 35,264 46 34,394 47 33,525 48 32,455 49 31,386 50 30,318 51 29,253 52 28,186 53 27,309 54 26,441 55 25,570 56 24,695 57 23,827 58 21,417 59 18,999 60 16,586 61 14,170 62 11,753 63 11,064 64 10,379 65 9,676 66 8,986 67 and over 7,025. ”
Explanatory note
(This note is not part of the Regulations)
Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c.41) (“the 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.
These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the Pneumoconiosis Regulations”). Regulation 2(c) of these Regulations substitutes a new Schedule into the Pneumoconiosis Regulations so as to increase amounts payable under it. The increase in each case is 5.2 per cent. rounded up or down to the nearest £1 as appropriate.
The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.