The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2014
Draft 2014, ISBN 9780111109601
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
- 1Citation, commencement and application
- 2Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
- Signature
- Explanatory note
1Citation, commencement and application
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.
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.
In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma), for “£2,936” substitute “£3,015”.
In regulation 6(1)(a) (payment where pneumoconiosis accompanied by tuberculosis), for “£6,073” (in both places) substitute “£6,237”.
In regulation 8 (minimum amount payable to dependant) for “£2,936” substitute “£3,015”.
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
34,894 62,316 73,115 75,194 77,270 78,931 80,593 82,256 83,916 85,580 38 33,898 59,821 70,912 73,451 75,606 77,270 78,931 80,593 82,256 83,916 39 32,900 57,328 68,711 71,703 73,949 75,387 77,270 78,931 80,593 82,256 40 31,906 54,833 66,510 69,956 72,281 73,947 75,606 77,270 78,931 80,595 41 30,908 52,344 64,310 68,208 70,625 72,281 73,947 75,606 77,270 78,931 42 29,904 49,854 62,106 66,472 68,961 70,625 72,281 73,947 75,606 77,270 43 28,416 46,942 59,905 65,140 67,800 69,795 71,454 73,115 74,778 76,441 44 26,918 44,035 57,700 63,812 66,636 68,961 70,625 72,281 73,947 75,606 45 25,426 41,127 55,499 62,480 65,474 68,127 69,795 71,454 73,115 74,778 46 23,929 38,221 53,300 61,153 64,310 67,302 68,961 70,625 72,281 73,947 47 22,436 35,311 51,096 59,821 63,148 66,472 68,127 69,795 71,454 73,115 48 21,146 34,148 49,356 57,164 61,153 64,139 65,805 67,466 69,123 70,792 49 19,858 32,985 47,609 54,504 59,160 61,814 63,478 65,140 66,803 68,466 50 18,570 31,823 45,897 51,847 57,164 59,488 61,153 62,812 64,472 66,136 51 17,282 30,659 44,117 49,186 55,167 57,164 58,841 60,483 62,149 63,812 52 15,994 29,495 42,374 46,527 53,173 54,833 56,501 58,160 59,821 61,480 53 14,788 27,421 39,712 44,203 51,180 53,173 54,833 56,501 58,160 59,821 54 13,584 25,344 37,054 41,880 49,186 51,516 53,173 54,833 56,501 58,160 55 12,382 23,267 34,401 39,547 47,190 49,854 51,516 53,173 54,833 56,501 56 11,174 21,187 31,739 37,223 45,200 48,188 49,854 51,516 53,173 54,833 57 9,970 19,108 29,082 34,894 43,212 46,528 48,188 49,854 51,516 53,173 58 9,180 17,366 25,968 31,319 38,883 41,959 43,745 45,493 47,191 48,854 59 8,390 15,619 22,848 27,752 34,562 37,387 39,298 41,127 42,872 44,531 60 7,606 13,874 19,732 24,177 30,247 32,820 34,849 36,767 38,554 40,216 61 6,811 12,129 16,620 20,604 25,923 28,249 30,407 32,404 34,232 35,893 62 6,023 10,386 13,502 17,032 21,603 23,679 25,968 28,043 29,904 31,573 63 5,608 9,388 12,129 15,228 19,217 21,267 23,431 25,426 27,250 28,912 64 5,202 8,390 10,759 13,417 16,823 18,862 20,898 22,808 24,590 26,252 65 4,779 7,394 9,388 11,614 14,439 16,452 18,362 20,192 21,937 23,598 66 4,365 6,399 8,017 9,802 12,049 14,040 15,828 17,570 19,277 20,938 67 3,949 5,400 6,644 7,997 9,660 11,635 13,295 14,954 16,620 18,280 68 3,840 5,229 6,418 7,667 9,329 11,174 12,775 14,499 16,095 17,738 69 3,739 5,069 6,193 7,334 8,998 10,719 12,258 14,040 15,581 17,196 70 3,634 4,905 5,960 7,001 8,663 10,258 11,738 13,584 15,058 16,660 71 3,533 4,733 5,733 6,666 8,329 9,802 11,219 13,127 14,542 16,121 72 3,428 4,570 5,504 6,337 7,997 9,350 10,696 12,670 14,018 15,581 73 3,342 4,489 5,423 6,211 7,871 9,140 10,490 12,340 13,607 15,122 74 3,262 4,403 5,338 6,087 7,751 8,930 10,285 12,009 13,191 14,654 75 3,181 4,324 5,257 5,960 7,621 8,724 10,073 11,674 12,775 14,205 76 3,095 4,234 5,171 5,837 7,497 8,520 9,869 11,342 12,355 13,754 77 and
over
3,015 4,153 5,091 5,710 7,374 8,307 9,660 11,015 11,945 13,295 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 under 22,102 37,684 42,251 43,501 44,537 38 21,604 36,270 41,004 42,251 43,579 39 21,107 34,857 39,758 41,003 42,624 40 20,603 33,443 38,511 39,758 41,668 41 20,107 32,032 37,265 38,511 40,713 42 19,613 30,624 36,018 37,265 39,758 43 18,712 28,793 34,895 36,142 38,844 44 17,822 26,959 33,771 35,023 37,921 45 16,930 25,133 32,652 33,899 37,013 46 16,035 23,303 31,434 32,777 36,100 47 15,142 21,476 30,413 31,660 35,188 48 14,460 20,978 29,584 30,786 34,065 49 13,770 20,479 28,748 29,913 32,942 50 13,086 19,979 27,920 29,036 31,822 51 12,402 19,483 27,090 28,169 30,704 52 11,716 18,986 26,258 27,295 29,584 53 11,402 17,822 24,681 26,090 28,664 54 11,092 16,657 23,098 24,885 27,753 55 10,782 15,494 21,520 23,682 26,839 56 10,470 14,331 19,941 22,479 25,919 57 9,970 13,172 18,362 21,272 25,008 58 9,180 12,336 16,558 19,156 22,479 59 8,390 11,504 14,752 17,034 19,941 60 7,606 10,680 12,940 14,915 17,409 61 6,811 9,845 11,136 12,796 14,873 62 6,023 9,019 9,325 10,680 12,336 63 5,608 8,954 9,206 10,280 11,612 64 5,202 8,390 9,075 9,887 10,893 65 4,779 7,394 8,954 9,491 10,156 66 4,365 6,399 8,017 9,098 9,432 67 and over 3,015 4,153 5,091 5,710 7,374 Part B
Age of disabled person on their last birthday before their death Payment £ 37 and under 44,537 38 43,579 39 42,624 40 41,668 41 40,713 42 39,758 43 38,844 44 37,921 45 37,013 46 36,100 47 35,188 48 34,065 49 32,942 50 31,822 51 30,704 52 29,584 53 28,664 54 27,753 55 26,839 56 25,919 57 25,008 58 22,479 59 19,941 60 17,409 61 14,873 62 12,336 63 11,612 64 10,893 65 10,156 66 9,432 67 and over 7,374 ”
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.