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

S.I. 1991/899 · made 27 March 1991

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.

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

## Introductory text

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) Act1979 (“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:—

## 1 Citation, 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.

## 2 Interpretation

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

## 3 Amendment 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 A PAYMENTS 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 person
Percentage assessment for the relevant period
10% or less
11–20%
21–30%
40%
50%
60%
70%
80%
90%
100%
£
£
£
£
£
£
£
£
£
£
37 and under
18,600
33,216
38,972
40,080
41,187
42,072
42,959
43,844
44,730
45,615
38
18,069
31,887
37,799
39,151
40,300
41,187
42,072
42,959
43,844
44,730
39
17,537
30,557
36,626
38,219
39,416
40,300
41,187
42,072
42,959
43,844
40
17,007
29,229
35,452
37,289
38,529
39,416
40,300
41,187
42,072
42,959
41
16,475
27,901
34,278
36,358
37,645
38,529
39,416
40,300
41,187
42,072
42
15,942
26,572
33,105
35,430
36,758
37,645
38,529
39,416
40,300
41,187
43
15,146
25,022
31,930
34,722
36,139
37,201
38,086
38,972
39,858
40,745
44
14,349
23,471
30,757
34,012
35,518
36,758
37,645
38,529
39,416
40,300
45
13,552
21,922
29,584
33,304
34,899
36,315
37,201
38,086
38,972
39,858
46
12,754
20,372
28,410
32,595
34,278
35,872
36,758
37,645
38,529
39,416
46
11,958
18,822
27,236
31,887
33,658
35,430
36,315
37,201
38,086
38,972
48
11,270
18,200
26,307
30,469
32,595
34,189
35,075
35,961
36,846
37,733
49
10,584
17,582
25,376
29,051
31,533
32,949
33,835
34,722
35,608
36,493
50
9,899
16,962
24,446
27,636
30,469
31,709
32,595
33,480
34,366
35,252
51
9,212
16,342
23,515
26,218
29,407
30,469
31,355
32,240
33,127
34,012
52
8,525
15,722
22,587
24,801
28,343
29,229
30,116
31,000
31,887
32,771
53
7,882
14,615
21,169
23,561
27,280
28,343
29,229
30,116
31,000
31,887
54
7,241
13,508
19,751
22,322
26,218
27,458
28,343
29,229
30,116
31,000
55
6,599
12,400
18,336
21,081
25,154
26,572
27,458
28,343
29,229
30,116
56
5,956
11,293
16,917
19,841
24,093
25,687
26,572
27,458
28,343
29,229
57
5,314
10,186
15,501
18,600
23,030
24,801
25,687
26,572
27,458
28,343
58
4,894
9,257
13,841
16,695
20,725
22,365
23,317
24,248
25,154
26,040
59
4,472
8,325
12,178
14,793
18,422
19,929
20,947
21,922
22,852
23,736
60
4,053
7,395
10,518
12,887
16,122
17,494
18,577
19,598
20,550
21,435
61
3,631
6,465
8,857
10,983
13,818
15,058
16,208
17,272
18,247
19,131
62
3,211
5,536
7,197
9,078
11,516
12,622
13,841
14,948
15,942
16,829
63
2,989
5,005
6,465
8,117
10,242
11,336
12,489
13,552
14,526
15,411
64
2,770
4,472
5,734
7,152
8,969
10,053
11,139
12,157
13,109
13,994
65
2,548
3,942
5,005
6,190
7,695
8,769
9,787
10,762
11,692
12,578
66
2,326
3,411
4,274
5,225
6,423
7,485
8,437
9,366
10,275
11,160
67
2,105
2,878
3,542
4,262
5,149
6,201
7,086
7,972
8,857
9,743
68
2,048
2,789
3,421
4,085
4,972
5,956
6,809
7,728
8,580
9,455
69
1,993
2,701
3,300
3,909
4,795
5,714
6,533
7,485
8,306
9,166
70
1,937
2,613
3,177
3,731
4,617
5,469
6,256
7,241
8,027
8,881
71
1,883
2,524
3,057
3,553
4,439
5,225
5,979
6,998
7,751
8,593
72
1,828
2,436
2,934
3,378
4,262
4,983
5,701
6,754
7,472
8,306
73
1,782
2,393
2,890
3,311
4,196
4,871
5,591
6,577
7,252
8,060
74
1,738
2,346
2,846
3,244
4,131
4,760
5,481
6,399
7,031
7,817
75
1,695
2,304
2,802
3,177
4,062
4,650
5,370
6,223
6,809
7,572
76
1,650
2,258
2,756
3,111
3,996
4,541
5,260
6,046
6,587
7,330
77 and over
1,606
2,214
2,713
3,044
3,930
4,429
5,149
5,870
6,366
7,086

## PART B PAYMENTS 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 period
Partial
Total
£
£
37 and under
33,216
45,615
38
31,887
44,730
39
30,557
43,844
40
29,229
42,959
41
27,901
42,072
42
26,572
41,187
43
25,022
40,745
44
23,471
40,300
45
21,922
39,858
46
20,372
39,416
47
18,822
38,972
48
18,200
37,733
49
17,582
36,493
50
16,962
35,252
51
16,342
34,012
52
15,722
32,771
53
14,615
31,887
54
13,508
31,000
55
12,400
30,116
56
11,293
29,229
57
10,186
28,343
58
9,257
26,040
59
8,325
23,736
60
7,395
21,435
61
6,465
19,131
62
5,536
16,829
63
5,005
15,411
64
4,472
13,994
65
3,942
12,578
66
3,411
11,160
67
2,878
9,743
68
2,789
9,455
69
2,701
9,166
70
2,613
8,881
71
2,524
8,593
72
2,436
8,306
73
2,393
8,060
74
2,346
7,817
75
2,304
7,572
76
2,258
7,330
77 and over
2,214
7,086

## 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 A PAYMENTS 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 less
11%–20%
21%–30%
40%
50% and over
£
£
£
£
£
37 and under
8,747
17,051
19,486
20,151
20,705
38
8,481
16,298
18,822
19,486
20,194
39
8,216
15,545
18,158
18,822
19,686
40
7,948
14,793
17,494
18,158
19,176
41
7,683
14,040
16,829
17,494
18,667
42
7,419
13,287
16,164
16,829
18,158
43
6,941
12,312
15,566
16,231
17,671
44
6,465
11,336
14,968
15,633
17,178
45
5,990
10,364
14,371
15,035
16,695
46
5,512
9,388
13,772
14,436
16,208
47
5,038
8,413
13,176
13,841
15,722
48
4,672
8,148
12,734
13,375
15,124
49
4,307
7,882
12,289
12,910
14,526
50
3,942
7,617
11,848
12,444
13,928
51
3,576
7,351
11,405
11,980
13,330
52
7,086
10,961
11,516
12,734
53
3,044
6,465
10,120
10,873
12,245
54
2,878
5,846
9,277
10,230
11,758
55
2,713
5,225
8,437
9,589
11,270
56
2,548
4,606
7,595
8,947
10,783
57
2,380
3,987
6,754
8,306
10,296
58
2,225
3,542
5,791
7,176
8,947
59
2,069
3,100
4,828
6,046
7,595
60
1,916
2,658
3,864
4,916
6,245
61
1,762
2,214
2,901
3,788
4,894
62
1,606
1,771
1,937
2,658
3,542
63
1,606
1,738
1,872
2,446
3,156
64
1,606
1,705
1,804
2,236
2,770
65
1,606
1,672
1,738
2,026
2,380
66
1,606
1,640
1,672
1,815
1,993
67 and over
1,606
1,606
1,606
1,606
1,606

## PART B PAYMENTS 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 period
Partial
Total
£
£
37 and under
17,051
20,705
38
16,298
20,194
39
15,545
19,686
40
14,793
19,176
41
14,040
18,667
42
13,287
18,158
43
12,312
17,671
44
11,336
17,178
45
10,364
16,695
46
9,388
16,208
47
8,413
15,722
48
8,148
15,124
49
7,882
14,526
50
7,617
13,928
51
7,351
13,330
52
7,086
12,734
53
6,465
12,245
54
5,846
11,758
55
5,225
11,270
56
4,606
10,783
57
3,987
10,296
58
3,542
8,947
59
3,100
7,595
60
2,658
6,245
61
2,214
4,894
62
1,771
3,542
63
1,738
3,156
64
1,705
2,770
65
1,672
2,380
66
1,640
1,993
67 and over
1,606
1,606

## PART C PAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSEMESOTHELIOMA.

Age of disabled person at his last birthday preceding death
Payment
£
37 and under
20,705
38
20,194
39
19,686
40
19,176
41
18,667
42
18,158
43
17,671
44
17,178
45
16,695
46
16,208
47
15,722
48
15,124
49
14,526
50
13,928
51
13,330
52
12,734
53
12,245
54
11,758
55
11,270
56
10,783
57
10,296
58
8,947
59
7,595
60
6,245
61
4,894
62
3,542
63
3,156
64
2,770
65
2,380
66
1,993
67 and over
1,606

## 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.

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Source: https://www.legislation.gov.uk/uksi/1991/899 (the official version)
Page: https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.