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

Draft 2014, ISBN 9780111109601

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.

Made under: Pneumoconiosis etc. (Workers’ Compensation) Act 1979

PDFs: Printed copy https://openlegislation.uk/draft-pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-2014/pdf/ukdsi_9780111109601_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-2014/pdf/ukdsiem_9780111109601_en.pdf

## Introductory text

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 1979.
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.

## 1 Citation, 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.

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

(1) The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 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 1992 or under any corresponding provision of the former Industrial Injuries Acts, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111109601 (the official version)
Page: https://openlegislation.uk/draft-pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-2014
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.