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The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2014

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

Draft 2014, ISBN 9780111109601

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, for approval by resolution of each House of Parliament.

Social Security

Made ***

Coming into force in accordance with regulation 1(1).

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

  1. 1Citation, commencement and application
  2. 2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
  3. Signature
  4. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.

(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 the day on which they come into force.

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

(1)

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

(2)

In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma), for “£2,936” substitute “£3,015”.

(3)

In regulation 6(1)(a) (payment where pneumoconiosis accompanied by tuberculosis), for “£6,073” (in both places) substitute “£6,237”.

(4)

In regulation 8 (minimum amount payable to dependant) for “£2,936” substitute “£3,015”.

(5)

For the Schedule to those Regulations, substitute—

“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 suffers 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 1992f2 or under any corresponding provision of the former Industrial Injuries Actsf3, 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

34,89462,31673,11575,19477,27078,93180,59382,25683,91685,580
3833,89859,82170,91273,45175,60677,27078,93180,59382,25683,916
3932,90057,32868,71171,70373,94975,38777,27078,93180,59382,256
4031,90654,83366,51069,95672,28173,94775,60677,27078,93180,595
4130,90852,34464,31068,20870,62572,28173,94775,60677,27078,931
4229,90449,85462,10666,47268,96170,62572,28173,94775,60677,270
4328,41646,94259,90565,14067,80069,79571,45473,11574,77876,441
4426,91844,03557,70063,81266,63668,96170,62572,28173,94775,606
4525,42641,12755,49962,48065,47468,12769,79571,45473,11574,778
4623,92938,22153,30061,15364,31067,30268,96170,62572,28173,947
4722,43635,31151,09659,82163,14866,47268,12769,79571,45473,115
4821,14634,14849,35657,16461,15364,13965,80567,46669,12370,792
4919,85832,98547,60954,50459,16061,81463,47865,14066,80368,466
5018,57031,82345,89751,84757,16459,48861,15362,81264,47266,136
5117,28230,65944,11749,18655,16757,16458,84160,48362,14963,812
5215,99429,49542,37446,52753,17354,83356,50158,16059,82161,480
5314,78827,42139,71244,20351,18053,17354,83356,50158,16059,821
5413,58425,34437,05441,88049,18651,51653,17354,83356,50158,160
5512,38223,26734,40139,54747,19049,85451,51653,17354,83356,501
5611,17421,18731,73937,22345,20048,18849,85451,51653,17354,833
579,97019,10829,08234,89443,21246,52848,18849,85451,51653,173
589,18017,36625,96831,31938,88341,95943,74545,49347,19148,854
598,39015,61922,84827,75234,56237,38739,29841,12742,87244,531
607,60613,87419,73224,17730,24732,82034,84936,76738,55440,216
616,81112,12916,62020,60425,92328,24930,40732,40434,23235,893
626,02310,38613,50217,03221,60323,67925,96828,04329,90431,573
635,6089,38812,12915,22819,21721,26723,43125,42627,25028,912
645,2028,39010,75913,41716,82318,86220,89822,80824,59026,252
654,7797,3949,38811,61414,43916,45218,36220,19221,93723,598
664,3656,3998,0179,80212,04914,04015,82817,57019,27720,938
673,9495,4006,6447,9979,66011,63513,29514,95416,62018,280
683,8405,2296,4187,6679,32911,17412,77514,49916,09517,738
693,7395,0696,1937,3348,99810,71912,25814,04015,58117,196
703,6344,9055,9607,0018,66310,25811,73813,58415,05816,660
713,5334,7335,7336,6668,3299,80211,21913,12714,54216,121
723,4284,5705,5046,3377,9979,35010,69612,67014,01815,581
733,3424,4895,4236,2117,8719,14010,49012,34013,60715,122
743,2624,4035,3386,0877,7518,93010,28512,00913,19114,654
753,1814,3245,2575,9607,6218,72410,07311,67412,77514,205
763,0954,2345,1715,8377,4978,5209,86911,34212,35513,754

77 and

over

3,0154,1535,0915,7107,3748,3079,66011,01511,94513,295

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 meothelioma.

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 under22,10237,68442,25143,50144,537
3821,60436,27041,00442,25143,579
3921,10734,85739,75841,00342,624
4020,60333,44338,51139,75841,668
4120,10732,03237,26538,51140,713
4219,61330,62436,01837,26539,758
4318,71228,79334,89536,14238,844
4417,82226,95933,77135,02337,921
4516,93025,13332,65233,89937,013
4616,03523,30331,43432,77736,100
4715,14221,47630,41331,66035,188
4814,46020,97829,58430,78634,065
4913,77020,47928,74829,91332,942
5013,08619,97927,92029,03631,822
5112,40219,48327,09028,16930,704
5211,71618,98626,25827,29529,584
5311,40217,82224,68126,09028,664
5411,09216,65723,09824,88527,753
5510,78215,49421,52023,68226,839
5610,47014,33119,94122,47925,919
579,97013,17218,36221,27225,008
589,18012,33616,55819,15622,479
598,39011,50414,75217,03419,941
607,60610,68012,94014,91517,409
616,8119,84511,13612,79614,873
626,0239,0199,32510,68012,336
635,6088,9549,20610,28011,612
645,2028,3909,0759,88710,893
654,7797,3948,9549,49110,156
664,3656,3998,0179,0989,432
67 and over3,0154,1535,0915,7107,374

Part B

Age of disabled person on their last birthday before their deathPayment £
37 and under44,537
3843,579
3942,624
4041,668
4140,713
4239,758
4338,844
4437,921
4537,013
4636,100
4735,188
4834,065
4932,942
5031,822
5130,704
5229,584
5328,664
5427,753
5526,839
5625,919
5725,008
5822,479
5919,941
6017,409
6114,873
6212,336
6311,612
6410,893
6510,156
669,432
67 and over7,374

”

Signature

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

Minister of State

Department of Work and Pensions

Date

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 (SI 1988/668) (“the 1988 Regulations”). The amendments made by regulation 2 have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 2.7 per cent rounded up or down to the nearest £1 as appropriate.

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.