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The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1991

S.I. 1991/899 · Made 27 March 1991

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SOCIAL SECURITY

Made 27th March 1991

Coming into force 1st April 1991

The Secretary of State in exercise of the powers conferred on him bysections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act1979f1 (“the Act”) and of all other powers enabling him in that behalf hereby makesthe following Regulations, of which a draft has been approved byresolution of each House of Parliament:—

Annotations to the whole text

Footnotes

f1

1979 c. 41; sections 1 and 4 of the Act were amended bysection 24 of the Social Security Act 1985 (c. 53) and section 2 wasamended by section 39 of and Schedule 3 to the Social Security Act 1986(c.50).

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Amendment of the principal Regulations
  4. Signature
  5. Schedule
  6. TABLE 1Part TABLE 1
  7. PART APAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFITUNDER SECTION 76 OF THE SOCIAL SECURITY ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS, OR WOULDBE PAYABLE BUT FOR THE DISABLEMENT AMOUNTING TO LESS THAN THEAPPROPRIATE PERCENTAGE.
  8. PART BPAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER ASCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THEINDUSTRIAL INJURIES AND DISEASES (OLD CASES) ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.
  9. TABLE 2Part TABLE 2
  10. PART APAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER SECTION 76 OF THESOCIAL SECURITY ACT 1975 IS PAYABLE, OR TO DEPENDANTS OF PERSONS TO WHOMDISABLEMENT BENEFIT UNDER THAT SECTION OR UNDER ANY CORRESPONDINGPROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS WAS PAYABLE, OR TODEPENDANTS OF A PERSON TO WHOM DISABLEMENT BENEFIT WOULD HAVE BEENPAYABLE IMMEDIATELY BEFORE HE DIED BUT FOR THE OCCURRENCE OF ONE OF THECIRCUMSTANCES LISTED IN REGULATION 5(I)(a)(iii) OR BUT FOR THISDISPLACEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE, INCIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASEOTHER THAN DIFFUSE MESOTHELIOMA.
  11. PART BPAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES ANDDISEASES (OLD CASES) ACT 1975 HAS BEEN PAID, OR TO DEPENDANTS OF PERSONSTO WHOM AN ALLOWANCE UNDER SUCH A SCHEME OR UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER ANY CORRESPONDING PROVISION OF THE FORMEROLD CASES ACTS WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSONDIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.
  12. PART CPAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSEMESOTHELIOMA.
  13. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1991 and shallcome into force on 1st April 1991.

(2)

These Regulations apply in relation to any case in which a personfirst satisfies the conditions of entitlement to a payment under the Acton or after the date on which they come into force.

2Interpretation

In these Regulations the“principal Regulations” means the Pneumoconiosis etc. (Workers' Compensation) (Payment ofClaims) Regulations 1988f1.

3Amendment of the principal Regulations

(1)

The principal Regulations shall be amended in accordance with thefollowing provisions of this Regulation.

(2)
(a)

the Schedule to these Regulations shall be substituted for theSchedule to those Regulations, and

(b)

the amount of £1,606 shall be substituted for the amount of £1,473in Regulations 5(1) and 8 of those Regulations, and the amount of £3,322shall be substituted for the amount of £3,048 in regulation 6(1) ofthose Regulations.

Signature

Signed by order of the Secretary of State.

Eric Forth

Parliamentary Under Secretary of State,

Department of Employment

27th March 1991

TABLE 1

(1)

Table 1 is for the determination of payments to disabled personsunder regulation 3 (or regulation 6), and for the determination ofpayments to dependants of deceased sufferers under regulation 4(1).

(2)

The relevant period is the period specified in regulation 3(2) or3(3) or, in the case of a disabled person to whom regulation 6 applies(Payment where pneumoconiosis is accompanied by tuberculosis), theperiod specified in paragraph (1)(b) of that regulation.

(3)

The age to be taken for the purpose of determining the amountpayable to a disabled person is his age on the date specified inregulation 3(2) or 3(3) or, in the case of a disabled person to whomregulation 6 applies (Payment where pneumoconiosis is accompanied bytuberculosis) his age on the date specified in paragraph (1) of thatregulation. With a view to determining the amount payable to a dependantof a disabled person under regulation 4(1), the age to be taken for thepurpose of calculating the sum to be deducted from the amount whichwould have been payable to the disabled person had he still been aliveis the age of the deceased at his last birthday preceding his death.

PART APAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFITUNDER SECTION 76 OF THE SOCIAL SECURITY ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS, OR WOULDBE PAYABLE BUT FOR THE DISABLEMENT AMOUNTING TO LESS THAN THEAPPROPRIATE PERCENTAGE.

Age of disabled personPercentage assessment for the relevant period
10% or less11–20%21–30%40%50%60%70%80%90%100%
££££££££££
37 and under18,60033,21638,97240,08041,18742,07242,95943,84444,73045,615
3818,06931,88737,79939,15140,30041,18742,07242,95943,84444,730
3917,53730,55736,62638,21939,41640,30041,18742,07242,95943,844
4017,00729,22935,45237,28938,52939,41640,30041,18742,07242,959
4116,47527,90134,27836,35837,64538,52939,41640,30041,18742,072
4215,94226,57233,10535,43036,75837,64538,52939,41640,30041,187
4315,14625,02231,93034,72236,13937,20138,08638,97239,85840,745
4414,34923,47130,75734,01235,51836,75837,64538,52939,41640,300
4513,55221,92229,58433,30434,89936,31537,20138,08638,97239,858
4612,75420,37228,41032,59534,27835,87236,75837,64538,52939,416
4611,95818,82227,23631,88733,65835,43036,31537,20138,08638,972
4811,27018,20026,30730,46932,59534,18935,07535,96136,84637,733
4910,58417,58225,37629,05131,53332,94933,83534,72235,60836,493
509,89916,96224,44627,63630,46931,70932,59533,48034,36635,252
519,21216,34223,51526,21829,40730,46931,35532,24033,12734,012
528,52515,72222,58724,80128,34329,22930,11631,00031,88732,771
537,88214,61521,16923,56127,28028,34329,22930,11631,00031,887
547,24113,50819,75122,32226,21827,45828,34329,22930,11631,000
556,59912,40018,33621,08125,15426,57227,45828,34329,22930,116
565,95611,29316,91719,84124,09325,68726,57227,45828,34329,229
575,31410,18615,50118,60023,03024,80125,68726,57227,45828,343
584,8949,25713,84116,69520,72522,36523,31724,24825,15426,040
594,4728,32512,17814,79318,42219,92920,94721,92222,85223,736
604,0537,39510,51812,88716,12217,49418,57719,59820,55021,435
613,6316,4658,85710,98313,81815,05816,20817,27218,24719,131
623,2115,5367,1979,07811,51612,62213,84114,94815,94216,829
632,9895,0056,4658,11710,24211,33612,48913,55214,52615,411
642,7704,4725,7347,1528,96910,05311,13912,15713,10913,994
652,5483,9425,0056,1907,6958,7699,78710,76211,69212,578
662,3263,4114,2745,2256,4237,4858,4379,36610,27511,160
672,1052,8783,5424,2625,1496,2017,0867,9728,8579,743
682,0482,7893,4214,0854,9725,9566,8097,7288,5809,455
691,9932,7013,3003,9094,7955,7146,5337,4858,3069,166
701,9372,6133,1773,7314,6175,4696,2567,2418,0278,881
711,8832,5243,0573,5534,4395,2255,9796,9987,7518,593
721,8282,4362,9343,3784,2624,9835,7016,7547,4728,306
731,7822,3932,8903,3114,1964,8715,5916,5777,2528,060
741,7382,3462,8463,2444,1314,7605,4816,3997,0317,817
751,6952,3042,8023,1774,0624,6505,3706,2236,8097,572
761,6502,2582,7563,1113,9964,5415,2606,0466,5877,330
77 and over1,6062,2142,7133,0443,9304,4295,1495,8706,3667,086

PART BPAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER ASCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THEINDUSTRIAL INJURIES AND DISEASES (OLD CASES) ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Age of disabled person
Extent of incapacity for the relevant periodPartialTotal
££
37 and under33,21645,615
3831,88744,730
3930,55743,844
4029,22942,959
4127,90142,072
4226,57241,187
4325,02240,745
4423,47140,300
4521,92239,858
4620,37239,416
4718,82238,972
4818,20037,733
4917,58236,493
5016,96235,252
5116,34234,012
5215,72232,771
5314,61531,887
5413,50831,000
5512,40030,116
5611,29329,229
5710,18628,343
589,25726,040
598,32523,736
607,39521,435
616,46519,131
625,53616,829
635,00515,411
644,47213,994
653,94212,578
663,41111,160
672,8789,743
682,7899,455
692,7019,166
702,6138,881
712,5248,593
722,4368,306
732,3938,060
742,3467,817
752,3047,572
762,2587,330
77 and over2,2147,086

TABLE 2

(1)

Table 2 is for the determination of payments to dependants ofdeceased sufferers who died as a result of the disease under regulation4(2) or regulation 4(6).

(2)

The relevant period is the period specified in regulation 3(2) or3(3) or, in the case of a disabled person to whom regulation 6 applies(Payment where pneumoconiosis is accompanied by tuberculosis), theperiod specified in paragraph (1)(b) of that regulation.

PART APAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER SECTION 76 OF THESOCIAL SECURITY ACT 1975 IS PAYABLE, OR TO DEPENDANTS OF PERSONS TO WHOMDISABLEMENT BENEFIT UNDER THAT SECTION OR UNDER ANY CORRESPONDINGPROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS WAS PAYABLE, OR TODEPENDANTS OF A PERSON TO WHOM DISABLEMENT BENEFIT WOULD HAVE BEENPAYABLE IMMEDIATELY BEFORE HE DIED BUT FOR THE OCCURRENCE OF ONE OF THECIRCUMSTANCES LISTED IN REGULATION 5(I)(a)(iii) OR BUT FOR THISDISPLACEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE, INCIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASEOTHER THAN DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding death
Percentage assessment for the relevant period
10% or less11%–20%21%–30%40%50% and over
£££££
37 and under8,74717,05119,48620,15120,705
388,48116,29818,82219,48620,194
398,21615,54518,15818,82219,686
407,94814,79317,49418,15819,176
417,68314,04016,82917,49418,667
427,41913,28716,16416,82918,158
436,94112,31215,56616,23117,671
446,46511,33614,96815,63317,178
455,99010,36414,37115,03516,695
465,5129,38813,77214,43616,208
475,0388,41313,17613,84115,722
484,6728,14812,73413,37515,124
494,3077,88212,28912,91014,526
503,9427,61711,84812,44413,928
513,5767,35111,40511,98013,330
527,08610,96111,51612,734
533,0446,46510,12010,87312,245
542,8785,8469,27710,23011,758
552,7135,2258,4379,58911,270
562,5484,6067,5958,94710,783
572,3803,9876,7548,30610,296
582,2253,5425,7917,1768,947
592,0693,1004,8286,0467,595
601,9162,6583,8644,9166,245
611,7622,2142,9013,7884,894
621,6061,7711,9372,6583,542
631,6061,7381,8722,4463,156
641,6061,7051,8042,2362,770
651,6061,6721,7382,0262,380
661,6061,6401,6721,8151,993
67 and over1,6061,6061,6061,6061,606

PART BPAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES ANDDISEASES (OLD CASES) ACT 1975 HAS BEEN PAID, OR TO DEPENDANTS OF PERSONSTO WHOM AN ALLOWANCE UNDER SUCH A SCHEME OR UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER ANY CORRESPONDING PROVISION OF THE FORMEROLD CASES ACTS WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSONDIED 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 periodPartialTotal
££
37 and under17,05120,705
3816,29820,194
3915,54519,686
4014,79319,176
4114,04018,667
4213,28718,158
4312,31217,671
4411,33617,178
4510,36416,695
469,38816,208
478,41315,722
488,14815,124
497,88214,526
507,61713,928
517,35113,330
527,08612,734
536,46512,245
545,84611,758
555,22511,270
564,60610,783
573,98710,296
583,5428,947
593,1007,595
602,6586,245
612,2144,894
621,7713,542
631,7383,156
641,7052,770
651,6722,380
661,6401,993
67 and over1,6061,606

PART CPAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSEMESOTHELIOMA.

Age of disabled person at his last birthday preceding deathPayment
£
37 and under20,705
3820,194
3919,686
4019,176
4118,667
4218,158
4317,671
4417,178
4516,695
4616,208
4715,722
4815,124
4914,526
5013,928
5113,330
5212,734
5312,245
5411,758
5511,270
5610,783
5710,296
588,947
597,595
606,245
614,894
623,542
633,156
642,770
652,380
661,993
67 and over1,606

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 thePneumoconiosis etc. (Workers' Compensation) (Payment of Claims)(Amendment) Regulations 1989 and the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1990,prescribe the amount of payments to be made under the Pneumoconiosisetc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security Act 1985 and the SocialSecurity Act 1986, to persons disabled by a disease to which the Actapplies, or to dependants of persons who immediately before they diedwere disabled by such a disease. The diseases to which the Act appliesare pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinomaof the lung (where accompanied by asbestosis or bilateral diffusepleural thickening) and bilateral diffuse pleural thickening.

These Regulations further amend the 1988 Regulations by increasingthe amount of payments in any case in which a person first becomesentitled to a payment on or after the date when these Regulations comeinto force. The increase in each case is 9 per cent. rounded up or downto the nearest £1 as appropriate.