{
  "url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-northern-ireland-order-1979/article-3",
  "json_url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-northern-ireland-order-1979/article-3.json",
  "legislation": "nisi/1979/925",
  "legislation_title": "Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979",
  "legislation_url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-northern-ireland-order-1979",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Payments to persons disabled by pneumoconiosis, etc.",
  "text": "(1) A person who is disabled by any of the following diseases, that is to say,—\n(a) pneumoconiosis,\n(b) byssinosis, or\n(c) diffuse mesothelioma, or\n(d) any disease specified by the Department by order under this sub-paragraph;\nmay make a claim in accordance with paragraph (2) for a payment under paragraph (3) in respect of the disease.\n(2) A claim under paragraph (1) shall be made in the prescribed manner—\n(a) within the period of twelve months beginning on—\n(i) the date on which disablement benefit first became payable in respect of the disease to the person so disabled, or\n(ii) in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under paragraph (1)(d), the date of the commencement of that order,\nwhichever is the later; or\n(b) within such further period as the Department may allow.\n(3) If, on such a claim, the Department is satisfied—\n(a) that disablement benefit is payable in respect of the disease to the person so disabled or, subject to paragraph (3A), would be payable to him in respect of it but for his disablement amounting to less than the appropriate percentage;\n(b) that every relevant employer of the person so disabled has ceased to carry on business;\n(ba) that no application has been made for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014); and\n(c) that the person so disabled has not brought any action, or compromised any claim, for damages in respect of the disablement,\nthe Department shall pay the person so disabled the prescribed sum.\n(3A) No amount is payable under this Article in respect of disablement amounting to less than 1 per cent.\n(4) For the purposes of this Article any action which has been dismissed otherwise than on the merits (as for example for want of prosecution or under any enactment relating to the limitation of actions) shall be disregarded.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1985 NI 16"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1986 NI 18"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 3(3)(b) substituted (19.7.2007 for certain purposes and 10.8.2007 otherwise) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 52(3), 60(1); S.R. 2007/335, art. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 3(3)(ba) inserted (31.3.2014) by Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 2 para. 4; S.I. 2014/459, art. 3(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1979/925/article/3",
    "retrieved_at": "2026-10-29T04:52:48.461457+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}