# The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1990

S.I. 1990/825 · made 30 March 1990

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (the 1988 Regulations), as amended by the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989, 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, or to dependants of persons who immediately before they died were disabled by such a disease. The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening.

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

PDFs: Printed copy https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1990/pdf/uksi_19900825_en.pdf

## Introductory text

SOCIAL SECURITY
Made 30th March 1990
Coming into force 1st April 1990
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 1990 and shall come into force on 1st April 1990 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.

## 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) (a) the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
(b) the amount of £1,473 shall be substituted for the amount of £1,364 in Regulations 5(1) and 8 of those Regulations, and the amount of £3,048 shall be substituted for the amount of £2,822 in regulation 6(1) of those Regulations,

## Signature

Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
30th March 1990

## 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 1975 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.

Percentage assessment for the relevant period
Age of disabled person
10% or less
11–20%
21–30%
40%
50%
60%
70%
80%
90%
100%
£
£
£
£
£
£
£
£
£
£
37 and under
17,065
30,473
35,754
36,770
37,787
38,598
39,412
40,224
41,037
41,849
38
16,577
29,254
34,678
35,919
36,973
37,787
38,598
39,412
40,224
41,037
39
16,089
28,034
33,601
35,063
36,162
36,973
37,787
38,598
39.412
40,224
40
15,603
26,816
32,524
34,210
35,348
36,162
36,973
37,787
38,598
39,412
41
15,114
25,597
31,448
33,356
34,537
35,348
36,162
36,973
37,787
38,598
42
14,626
24,378
30,372
32,504
33,723
34,537
35,348
36,162
36,973
37,787
43
13,896
22,956
29,294
31,855
33,155
34,129
34,942
35,754
36,567
37,380
44
13,164
21,533
28,218
31,203
32,585
33,723
34,537
35,348
36,162
36,973
45
12,433
20,112
27,141
30,554
32,017
33,317
34,129
34,942
35,754
36,567
46
11,701
18,690
26,064
29,904
31,448
32,910
33,723
34,537
35,348
36,162
47
10,971
17,268
24,987
29,254
30,879
32,504
33,317
34,129
34,942
35,754
48
10,339
16,698
24,135
27,953
29,904
31,367
32,179
32,991
33,804
34,618
49
9,711
16,131
23,281
26,652
28,929
30,229
31,041
31,855
32,667
33,480
50
9,082
15,561
22,428
25,354
27,953
29,091
29,904
30,716
31,528
32,341
51
8,451
14,993
21,574
24,053
26,979
27,953
28,766
29,578
30,392
31,203
52
7,821
14,423
20,722
22,753
26,003
26,816
27,629
28,441
29,254
30,066
53
7,231
13,408
19,421
21,615
25,027
26,003
26,816
27,629
28,441
29,254
54
6,643
12,392
18,120
20,479
24,053
25,191
26,003
26,816
27,629
28,441
55
6,054
11,376
16,822
19,340
23,077
24,378
25,191
26,003
26,816
27,629
56
5,465
10,361
15,521
18,202
22,104
23,566
24,378
25,191
26,003
26,816
57
4,875
9,345
14,221
17,065
21,128
22,753
23,566
24,378
25,191
26,003
58
4,490
8,493
12,698
15,317
19,014
20,518
21,391
22,246
23,077
23,890
59
4,103
7,638
11,172
13,572
16,901
18,283
19,217
20,112
20,965
21,776
60
3,718
6,785
9,650
11,823
14,790
16,050
17,043
17,980
18,853
19,665
61
3,331
5,932
8,126
10,076
12,677
13,815
14,870
15,846
16,741
17,552
62
2,946
5,079
6,602
8,329
10,565
11,580
12,698
13,713
14,626
15,440
63
2,742
4,591
5,932
7,446
9,397
10,400
11,458
12,433
13,326
14,139
64
2,541
4,103
5,261
6,562
8,229
9,223
10,219
11,153
12,026
12,839
65
2,337
3,617
4,591
5,678
7,059
8,045
8,979
9,874
10,727
11,539
66
2,134
3,130
3,921
4,794
5,892
6,867
7,740
8,593
9,427
10,238
67
1,931
2,640
3,250
3,911
4,724
5,689
6,501
7,314
8,126
8,939
68
1,879
2,559
3,139
3,747
4,561
5,465
6,247
7,090
7,872
8,674
69
1,829
2,478
3,027
3,587
4,399
5,242
5,994
6,867
7,620
8,410
70
1,777
2,397
2,915
3,423
4,236
5,018
5,739
6,643
7,364
8,148
71
1,727
2,316
2,804
3,260
4,073
4,794
5,485
6,420
7,111
7,883
72
1,677
2,235
2,692
3,099
3,911
4,571
5,230
6,196
6,855
7,620
73
1,635
2,196
2,651
3,037
3,850
4,469
5,129
6,034
6,653
7,395
74
1,595
2,153
2,611
2,977
3,790
4,367
5,028
5,871
6,450
7,172
75
1,555
2,113
2,570
2,915
3,727
4,266
4,927
5,709
6,247
6,947
76
1,514
2,072
2,529
2,854
3,666
4,166
4,826
5,547
6,043
6,725
77 and over
1,473
2,031
2,489
2,793
3,606
4,064
4,724
5,385
5,840
6,501

## 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 1975 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Extent of incapacity for the relevant period
Age of disabled person
Partial
Total
£
£
37 and under
30,473
41,849
38
29,254
41,037
39
28,034
40,224
40
26,816
39,412
41
25,597
38,598
42
24,378
37,787
43
22,956
37,380
44
21,533
36,973
45
20,112
36,567
46
18,690
36,162
47
17,268
35,754
48
16,698
34,618
49
16,131
33,480
50
15,561
32,341
51
14,993
31,203
52
14,423
30,066
53
13,408
29,254
54
12,392
28,441
55
11,376
27,629
56
10,361
26,816
57
9,345
26,003
58
8,493
23,890
59
7,638
21,776
60
6,785
19,665
61
5,932
17,552
62
5,079
15,440
63
4,591
14,139
64
4,103
12,839
65
3,617
11,539
66
3,130
10,238
67
2,640
8,939
68
2,559
8,674
69
2,478
8,410
70
2,397
8,148
71
2,316
7,883
72
2,235
7,620
73
2,196
7,395
74
2,153
7,172
75
2,113
6,947
76
2072
6725
77 and over
2031
6501

## 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 1975 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 THIS DISPLACEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE,IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Percentage assessment for the relevant period
Age of disabled person at his last birthday preceding death
10% or less
11%–20%
21%–30%
40%
50% and over
£
£
£
£
£
37 and under
8,025
15,643
17,877
18,487
18,996
38
7,781
14,952
17,268
17,877
18,526
39
7,538
14,261
16,658
17,268
18,061
40
7,292
13,572
16,050
16,658
17,592
41
7,049
12,881
15,440
16,050
17,125
42
6,806
12,190
14,830
15,440
16,658
43
6,368
11,295
14,280
14,890
16,212
44
5,932
10,400
13,732
14,342
15,760
45
5,495
9,508
13,184
13,793
15,317
46
5,057
8,613
12,635
13,244
14,870
47
4,622
7,719
12,088
12,698
14,423
48
4,286
7,476
11,682
12,271
13,875
49
3,951
7,231
11,275
11,844
13,326
50
3,617
6,988
10,870
11,416
12,778
51
3,280
6,744
10,464
10,991
12,229
52
2,946
6,501
10,056
10,565
11,682
53
2,793
5,932
9,284
9,975
11,234
54
2,640
5,363
8,511
9,385
10,787
55
2,489
4,794
7,740
8,797
10,339
56
2,337
4,226
6,968
8,208
9,893
57
2,183
3,657
6,196
7,620
9,446
58
2,041
3,250
5,313
6,583
8,208
59
1,898
2,844
4,429
5,547
6,968
60
1,758
2,439
3,545
4,510
5,729
61
1,616
2,031
2,661
3,475
4,490
62
1,473
1,625
1,777
2,439
3,250
63
1,473
1,595
1,717
2,244
2,896
64
1,473
1,564
1,655
2,051
2,541
65
1,473
1,534
1,595
1,859
2,183
66
1,473
1,505
1,534
1,665
1,829
67 and over
1,473
1,473
1,473
1,473
1,473

## 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 1975 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.

Extent of incapacity for the relevant period
Age of disabled person at his last birthday preceding death
Partial
Total
£
£
37 and under
15,643
18,996
38
14,952
18,526
39
14,261
18,061
40
13,572
17,592
41
12,881
17,125
42
12,190
16,658
43
11,295
16,212
44
10,400
15,760
45
9,508
15,317
46
8,613
14,870
47
7,719
14,423
48
7,476
13,875
49
7,231
13,326
50
6,988
12,778
51
6,744
12,229
52
6,501
11,682
53
5,932
11,234
54
5,363
10,787
55
4,794
10,339
56
4,226
9,893
57
3,657
9,446
58
3,250
8,208
59
2,844
6,968
60
2,439
5,729
61
2,031
4,490
62
1,625
3,250
63
1,595
2,896
64
1,564
2,541
65
1,534
2,183
66
1,505
1,829
67 and over
1,473
1,473

## 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
18,996
38
18,526
39
18,061
40
17,592
41
17,125
42
16,658
43
16,212
44
15,760
45
15,317
46
14,870
47
14,423
48
13,875
49
13,326
50
12,778
51
12,229
52
11,682
53
11,234
54
10,787
55
10,339
56
9,893
57
9,446
58
8,208
59
6,968
60
5,729
61
4,490
62
3,250
63
2,896
64
2,541
65
2,183
66
1,829
67 and over
1,473

## Explanatory note

(This note is not part of the Regulations)
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (the 1988 Regulations), as amended by the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989, 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, or to dependants of persons who immediately before they died were disabled by such a disease. The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening.
These Regulations further amend the 1988 Regulations by increasing the amount of 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.

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Source: https://www.legislation.gov.uk/uksi/1990/825 (the official version)
Page: https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1990
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.