# The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989

S.I. 1989/552 · made 22 March 1989

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (the 1988 Regulations) prescribe the amount of payments to be made under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security Act 1985 and the Social Security Act 1986, to persons disabled by a disease to which the Act applies (namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease.

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

PDFs: Printed copy https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1989/pdf/uksi_19890552_en.pdf

## Introductory text

SOCIAL SECURITY
Made 22nd March 1989
Coming into force 1st April 1989
The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”) and of all other powers enabling him in that behalf hereby makes the following Regulations, of which a draft has been approved by resolution of each House of Parliament:–

## 1 Citation and commencement

These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.

## 2 Interpretation

In these Regulations the “principal Regulations” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988.

## 3 Amendment of the principal Regulations

(1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 4(6)(a)–
(a) for the word “if” there shall be substituted the words “in cases where”;
(b) after the word “dependant” in sub-paragraph (i) there shall be inserted the words “by reason of the deceased’s death as a result of the disease”.
(3) The following sub-paragraph shall be substituted for sub-paragraph (ii) of regulation 5(1)(a):–
“(ii) where disablement benefit in respect of a disease was not payable to the deceased immediately before he died death benefit is payable to or in respect of the said dependant by reason of the deceased’s death as a result of the disease, or”
(4) (a) the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
(b) the amount of £1,364 shall be substituted for the amount of £1,263 in regulations 5(1) and 8 of those Regulations, and the amount of £2,822 shall be substituted for the amount of £2,613 in regulation 6(1) of those Regulations,
in any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date upon which these Regulations come into force.

## Signature

Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
22nd March 1989

## TABLE 1

(1) Table 1 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 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.
(3) The age to be taken for the purpose of determining the amount payable to a disabled person is his age on the date specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis) his age on the date specified in paragraph (1) of that regulation. With a view to 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 he still been alive is the age of the deceased at his last birthday preceding his death.

## PART A PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFIT UNDER SECTION 76 OF THE SOCIAL SECURITY ACT I975 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 less
11–20%
21–30%
40%
50%
60%
70%
80%
90%
100%
£
£
£
£
£
£
£
£
£
£
37 and under
15,801
28,216
33,106
34,047
34,988
35,739
36,492
37,244
37,997
38,749
38
15,349
27,087
32,110
33,258
34,234
34,988
35,739
36,492
37,244
37,997
39
14,897
25,958
31,112
32,466
33,483
34,234
34,988
35,739
36,492
37,244
40
14,447
24,829
30,115
31,676
32,730
33,483
34,234
34,988
35,739
36,492
41
13,995
23,701
29,118
30,885
31,978
32,730
33,483
34,234
34,988
35,739
42
13,542
22,572
28,122
30,097
31,225
31,978
32,730
33,483
34,234
34,988
43
12,866
21,255
27,124
29,495
30,699
31,601
32,353
33,106
33,858
34,611
44
12,189
19,938
26,128
28,892
30,172
31,225
31,978
32,730
33,483
34,234
45
11,512
18,622
25,130
28,291
29,645
30,849
31,601
32,353
33,106
33,858
46
10,834
17,305
24,133
27,688
29,118
30,473
31,225
31,978
32,730
33,483
47
10,158
15,989
23,136
27,087
28,592
30,097
30,849
31,601
32,353
33,106
48
9,574
15,461
22,347
25,883
27,688
29,043
29,795
30,548
31,300
32,053
49
8,991
14,936
21,556
24,678
26,786
27,990
28,742
29,495
30,248
31,000
50
8,409
14,408
20,767
23,476
25,883
26,936
27,688
28,441
29,193
29,945
51
7,825
13,882
19,976
22,271
24,980
25,883
26,635
27,387
28,141
28,892
52
7,242
13,355
19,187
21,068
24,077
24,829
25,583
26,334
27,087
27,838
53
6,696
12,415
17,982
20,014
23,174
24,077
24,829
25,583
26,334
27,087
54
6,151
11,474
16,778
18,962
22,271
23,325
24,077
24,829
25,583
26,334
55
5,606
10,533
15,576
17,907
21,368
22,572
23,325
24,077
24,829
25,583
56
5,060
9,594
14,371
16,854
20,467
21,820
22,572
23,325
24,077
24,829
57
4,514
8,653
13,168
15,801
19,563
21,068
21,820
22,572
23,325
24,077
58
4,158
7,864
11,758
14,182
17,605
18,998
19,807
20,598
21,368
22,120
59
3,799
7,072
10,345
12,566
15,649
16,929
17,794
18,622
19,412
20,163
60
3,443
6,282
8,935
10,947
13,695
14,861
15,781
16,648
17,456
18,209
61
3,084
5,492
7,524
9,330
11,738
12,791
13,769
14,672
15,501
16,252
62
2,728
4,702
6,113
7,712
9,782
10,722
11,758
12,698
13,542
14,296
63
2,539
4,251
5,492
6,895
8,701
9,630
10,609
11,512
12,339
13,091
64
2,353
3,799
4,871
6,076
7,619
8,540
9,462
10,327
11,136
11,888
65
2,164
3,349
4,251
5,258
6,536
7,449
8,314
9,142
9,932
10,684
66
1,976
2,898
3,630
4,439
5,456
6,358
7,167
7,957
8,729
9,480
67
1,788
2,444
3,009
3,621
4,374
5,267
6,020
6,772
7,524
8,276
68
1,740
2,369
2,906
3,470
4,223
5,060
5,784
6,564
7,289
8,032
69
1,693
2,294
2,803
3,321
4,073
4,854
5,550
6,358
7,055
7,787
70
1,645
2,219
2,699
3,170
3,922
4,646
5,314
6,151
6,819
7,544
71
1,600
2,144
2,597
3,019
3,771
4,439
5,079
5,945
6,584
7,299
72
1,553
2,069
2,492
2,870
3,621
4,233
4,843
5,737
6,348
7,055
73
1,514
2,033
2,455
2,812
3,565
4,138
4,749
5,587
6,160
6,847
74
1,476
1,993
2,417
2,756
3,510
4,044
4,656
5,436
5,973
6,641
75
1,440
1,957
2,380
2,699
3,451
3,950
4,562
5,286
5,784
6,432
76
1,401
1,918
2,341
2,642
3,395
3,858
4,468
5,136
5,595
6,227
77 and over
1,364
1,881
2,305
2,586
3,338
3,763
4,374
4,986
5,408
6,020

## PART B PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES AND DISEASES (OLD CASES) ACT I975 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Age of disabled person
Extent of incapacity for the relevant period
Partial
Total
£
£
37 and under
28,216
38,749
38
27,087
37,997
39
25,958
37,244
40
24,829
36,492
41
23,701
35,739
42
22,572
34,988
43
21,255
34,611
44
19,938
34,234
45
18,622
33,858
46
17,305
33,483
47
15,989
33,106
48
15,461
32,053
49
14,936
31,000
50
14,408
29,945
51
13,882
28,892
52
13,355
27,838
53
12,415
27,087
54
11,474
26,334
55
10,533
25,583
56
9,594
24,829
57
8,653
24,077
58
7,864
22,120
59
7,072
20,163
60
6,282
18,209
61
5,492
16,252
62
4,702
14,296
63
4,251
13,091
64
3,799
11,888
65
3,349
10,684
66
2,898
9,480
67
2,444
8,276
68
2,369
8,032
69
2,294
7,787
70
2,219
7,544
71
2,144
7,299
72
2,069
7,055
73
2,033
6,847
74
1,993
6,641
75
1,957
6,432
76
1,918
6,227
77 and over
1,881
6,020

## TABLE 2

(1) Table 2 is for the determination of payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(6).
(2) The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.

## PART A PAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER SECTION 76 OF THE SOCIAL SECURITY ACT I975 IS PAYABLE, OR TO DEPENDANTS OF PERSONS TO WHOM DISABLEMENT BENEFIT UNDER THAT SECTION OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS WAS PAYABLE, OR TO DEPENDANTS OF A PERSON TO WHOM DISABLEMENT BENEFIT WOULD HAVE BEEN PAYABLE IMMEDIATELY BEFORE HE DIED BUT FOR THE OCCURRENCE OF ONE OF THE CIRCUMSTANCES LISTED IN REGULATION 5(I)(a)(iii) OR BUT FOR HIS DISABLEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE, IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding death
Percentage assessment for the relevant period
10% or less
11%–20%
21%–30%
40%
50% and over
£
£
£
£
£
37 and under
7,430
14,485
16,553
17,118
17,589
38
7,204
13,845
15,989
16,553
17,154
39
6,979
13,205
15,424
15,989
16,723
40
6,752
12,566
14,861
15,424
16,289
41
6,527
11,927
14,296
14,861
15,857
42
6,302
11,287
13,731
14,296
15,424
43
5,896
10,458
13,223
13,787
15,011
44
5,492
9,630
12,715
13,280
14,592
45
5,088
8,804
12,208
12,771
14,182
46
4,683
7,975
11,699
12,263
13,769
47
4,279
7,147
11,193
11,758
13,355
48
3,969
6,922
10,817
11,362
12,848
49
3,658
6,696
10,440
10,967
12,339
50
3,349
6,471
10,065
10,571
11,832
51
3,037
6,245
9,688
10,177
11,323
52
2,728
6,020
9,311
9,782
10,817
53
2,586
5,492
8,596
9,236
10,402
54
2,444
4,966
7,880
8,690
9,988
55
2,305
4,439
7,167
8,145
9,574
56
2,164
3,913
6,452
7,600
9,160
57
2,021
3,387
5,737
7,055
8,746
58
1,890
3,009
4,919
6,096
7,600
59
1,758
2,633
4,101
5,136
6,452
60
1,628
2,258
3,282
4,176
5,305
61
1,496
1,881
2,464
3,218
4,158
62
1,364
1,505
1,645
2,258
3,009
63
1,364
1,476
1,590
2,078
2,681
64
1,364
1,448
1,533
1,899
2,353
65
1,364
1,420
1,476
1,721
2,021
66
1,364
1,393
1,420
1,542
1,693
67 and over
1,364
1,364
1,364
1,364
1,364

## PART B PAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES AND DISEASES (OLD CASES) ACT I975 HAS BEEN PAID, OR TO DEPENDANTS OF PERSONS TO WHOM AN ALLOWANCE UNDER SUCH A SCHEME OR UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding death
Extent of incapacity for the relevant period
Partial
Total
£
£
37 and under
14,485
17,589
38
13,845
17,154
39
13,205
16,723
40
12,566
16,289
41
11,927
15,857
42
11,287
15,424
43
10,458
15,011
44
9,630
14,592
45
8,804
14,182
46
7,975
13,769
47
7,147
13,355
48
6,922
12,848
49
6,696
12,339
50
6,471
11,832
51
6,245
11,323
52
6,020
10,817
53
5,492
10,402
54
4,966
9,988
55
4,439
9,574
56
3,913
9,160
57
3,387
8,746
58
3,009
7,600
59
2,633
6,452
60
2,258
5,305
61
1,881
4,158
62
1,505
3,009
63
1,476
2,681
64
1,448
2,353
65
1,420
2,021
66
1,393
1,693
67 and over
1,364
1,364

## PART C payments to dependants of persons who died as a result of diffuse mesothelioma.

Age of disabled person at his last birthday preceding death
Payment
£
37 and under
17,589
38
17,154
39
16,723
40
16,289
41
15,857
42
15,424
43
15,011
44
14,592
45
14,182
46
13,769
47
13,355
48
12,848
49
12,339
50
11,832
51
11,323
52
10,817
53
10,402
54
9,988
55
9,574
56
9,160
57
8,746
58
7,600
59
6,452
60
5,305
61
4,158
62
3,009
63
2,681
64
2,353
65
2,021
66
1,693
67 and over
1,364

## Explanatory note

(This note is not part of the Regulations)
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (the 1988 Regulations) prescribe the amount of payments to be made under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security Act 1985 and the Social Security Act 1986, to persons disabled by a disease to which the Act applies (namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease.
These Regulations amend the 1988 Regulations by increasing the amount of those payments in any case in which a person first becomes entitled to a payment on or after the date when these Regulations come into force. The increase in each case is 8% rounded up or down to the nearest £1 as appropriate. The Regulations also make minor drafting amendments to the 1988 Regulations.

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Source: https://www.legislation.gov.uk/uksi/1989/552 (the official version)
Page: https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.