The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013
Draft 2013, ISBN 9780111534045
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 *** 2013
Coming into force 1st April 2013
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(1) and (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 1Schedule 1
- Explanatory note
1Citation, commencement and application
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013 and come into force on 1st April 2013.
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
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988f1 are amended as follows.
Omit regulation 2(1)(g) (definition of “extent of incapacity”).
In regulation 3(2) (payments to persons disabled by a disease), omit “Part A of”.
Omit regulation 3(3).
In regulation 4(2) (payments to dependants of persons disabled by a disease), omit “or extent of incapacity, as the case may be,”.
In regulation 4(6)(b)—
for “or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table,” substitute “for the purposes of Part A of Table 2”;
omit “or extent of incapacity” the second time those words appear;
omit “or “partial” respectively”.
In the proviso to regulation 5(1) (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.
In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,942” (in both places) substitute “£6,073”.
In regulation 6(1)(b), omit “Part A of”.
In the proviso to regulation 7 (power of Secretary of State to determine amount of payment), omit paragraph (c).
In regulation 8 (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.
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 1
“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, 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 their age determined in accordance with regulation 3(2) 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 they still been alive, is the age of the deceased on their last birthday before their death.
4.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.
Age of disabled person
Percentage assessment for the relevant period 10% or
under
£
11%-
20%
£
21%-
30%
£
31%-
40%
£
41%-
50%
£
51%-
60%
£
61%-
70%
£
71%-
80%
£
81%-
90%
£
91%-
100%
£
37 and under 33,977 60,678 71,193 73,217 75,239 76,856 78,474 80,093 81,710 83,330 38 33,007 58,248 69,048 71,520 73,618 75,239 76,856 78,474 80,093 81,710 39 32,035 55,821 66,905 69,818 72,005 73,405 75,239 76,856 78,474 80,093 40 31,067 53,391 64,761 68,117 70,381 72,003 73,618 75,239 76,856 78,476 41 30,095 50,968 62,619 66,415 68,768 70,381 72,003 73,618 75,239 76,856 42 29,118 48,543 60,473 64,724 67,148 68,768 70,381 72,003 73,618 75,239 43 27,669 45,708 58,330 63,427 66,018 67,960 69,575 71,193 72,812 74,431 44 26,210 42,877 56,183 62,134 64,884 67,148 68,768 70,381 72,003 73,618 45 24,758 40,046 54,040 60,837 63,753 66,336 67,960 69,575 71,193 72,812 46 23,300 37,216 51,899 59,545 62,619 65,533 67,148 68,768 70,381 72,003 47 21,846 34,383 49,753 58,248 61,488 64,724 66,336 67,960 69,575 71,193 48 20,590 33,250 48,058 55,661 59,545 62,453 64,075 65,692 67,306 68,931 49 19,336 32,118 46,357 53,071 57,605 60,189 61,809 63,427 65,047 66,666 50 18,082 30,986 44,690 50,484 55,661 57,924 59,545 61,161 62,777 64,397 51 16,828 29,853 42,957 47,893 53,717 55,661 57,294 58,893 60,515 62,134 52 15,574 28,720 41,260 45,304 51,775 53,391 55,016 56,631 58,248 59,864 53 14,399 26,700 38,668 43,041 49,834 51,775 53,391 55,016 56,631 58,248 54 13,227 24,678 36,080 40,779 47,893 50,162 51,775 53,391 55,016 56,631 55 12,056 22,655 33,497 38,507 45,949 48,543 50,162 51,775 53,391 55,016 56 10,880 20,630 30,905 36,244 44,012 46,921 48,543 50,162 51,775 53,391 57 9,708 18,606 28,317 33,977 42,076 45,305 46,921 48,543 50,162 51,775 58 8,939 16,909 25,285 30,496 37,861 40,856 42,595 44,297 45,950 47,570 59 8,169 15,208 22,247 27,022 33,653 36,404 38,265 40,046 41,745 43,360 60 7,406 13,509 19,213 23,541 29,452 31,957 33,933 35,800 37,540 39,159 61 6,632 11,810 16,183 20,062 25,241 27,506 29,608 31,552 33,332 34,949 62 5,865 10,113 13,147 16,584 21,035 23,056 25,285 27,306 29,118 30,743 63 5,461 9,141 11,810 14,828 18,712 20,708 22,815 24,758 26,534 28,152 64 5,065 8,169 10,476 13,064 16,381 18,366 20,349 22,208 23,944 25,562 65 4,653 7,200 9,141 11,309 14,059 16,019 17,879 19,661 21,360 22,978 66 4,250 6,231 7,806 9,544 11,732 13,671 15,412 17,108 18,770 20,388 67 3,845 5,258 6,469 7,787 9,406 11,329 12,945 14,561 16,183 17,799 68 3,739 5,092 6,249 7,465 9,084 10,880 12,439 14,118 15,672 17,272 69 3,641 4,936 6,030 7,141 8,761 10,437 11,936 13,671 15,171 16,744 70 3,538 4,776 5,803 6,817 8,435 9,988 11,429 13,227 14,662 16,222 71 3,440 4,609 5,582 6,491 8,110 9,544 10,924 12,782 14,160 15,697 72 3,338 4,450 5,359 6,170 7,787 9,104 10,415 12,337 13,649 15,171 73 3,254 4,371 5,280 6,048 7,664 8,900 10,214 12,016 13,249 14,724 74 3,176 4,287 5,198 5,927 7,547 8,695 10,015 11,693 12,844 14,269 75 3,097 4,210 5,119 5,803 7,421 8,495 9,808 11,367 12,439 13,832 76 3,014 4,123 5,035 5,684 7,300 8,296 9,610 11,044 12,030 13,392 77 and over 2,936 4,044 4,957 5,560 7,180 8,089 9,406 10,725 11,631 12,945 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, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).
3.(1)Part A of the table prescribes payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma.
(2)Part B 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 1992 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.
Part A
Age of disabled person on their last birthday before their death Percentage assessment for the relevant period 10% or under 11%-20% 21%-30% 31%-49% 50% or over £ £ £ £ £ 37 and under 21,521 36,693 41,140 42,357 43,366 38 21,036 35,316 39,926 41,140 42,433 39 20,552 33,941 38,713 39,925 41,503 40 20,061 32,564 37,499 38,713 40,573 41 19,578 31,190 36,285 37,499 39,643 42 19,097 29,819 35,071 36,285 38,713 43 18,220 28,036 33,978 35,192 37,823 44 17,353 26,250 32,883 34,102 36,924 45 16,485 24,472 31,794 33,008 36,040 46 15,613 22,690 30,608 31,915 35,151 47 14,744 20,911 29,613 30,828 34,263 48 14,080 20,426 28,806 29,977 33,169 49 13,408 19,941 27,992 29,127 32,076 50 12,742 19,454 27,186 28,273 30,985 51 12,076 18,971 26,378 27,428 29,897 52 11,408 18,487 25,568 26,577 28,806 53 11,102 17,353 24,032 25,404 27,910 54 10,800 16,219 22,491 24,231 27,023 55 10,499 15,087 20,954 23,059 26,133 56 10,195 13,954 19,417 21,888 25,238 57 9,708 12,826 17,879 20,713 24,351 58 8,939 12,012 16,123 18,652 21,888 59 8,169 11,202 14,364 16,586 19,417 60 7,406 10,399 12,600 14,523 16,951 61 6,632 9,586 10,843 12,460 14,482 62 5,865 8,782 9,080 10,399 12,012 63 5,461 8,719 8,964 10,010 11,307 64 5,065 8,169 8,836 9,627 10,607 65 4,653 7,200 8,719 9,241 9,889 66 4,250 6,231 7,806 8,859 9,184 67 and over 2,936 4,044 4,957 5,560 7,180 Part B
Age of disabled person on their last birthday before their death Payment
£
37 and under 43,366 38 42,433 39 41,503 40 40,573 41 39,643 42 38,713 43 37,823 44 36,924 45 36,040 46 35,151 47 34,263 48 33,169 49 32,076 50 30,985 51 29,897 52 28,806 53 27,910 54 27,023 55 26,133 56 25,238 57 24,351 58 21,888 59 19,417 60 16,951 61 14,482 62 12,012 63 11,307 64 10,607 65 9,889 66 9,184 67 and over 7,180. ”
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. 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.
These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the 1988 Regulations”). The amendments made by regulation 2(7), (8), (11) and (12) have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 2.2 per cent. rounded up or down to the nearest £1 as appropriate.
However the new Schedule to the 1988 Regulations, which is substituted by regulation 2(12), omits tables and amounts which, as a result of repeals made by section 64 of the Welfare Reform Act 2012 (c.5) (injuries arising before 5 July 1948), are no longer required. The remainder of regulation 2 makes further consequential amendments to the 1988 Regulations to remove provisions which link to those omitted tables and amounts.
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 the day on which these Regulations come into force.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.