# The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1992

S.I. 1992/403 · made 27 February 1992

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, the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1990 and the Pneumoconiosis etc. (Workers' Compensation ) (Payment of Claims) (Amendment) Regulations 1991, 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

## Introductory text

SOCIAL SECURITY
Made 27th February 1992
Coming into force 1st April 1992
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, commencement and application

(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
(2) These Regulations apply in relation to any case in which a person first 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 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 £1,686 shall be substituted for the amount of £1,606 in Regulations 5(1) and 8 of those Regulations, and the amount of £3,488 shall be substituted for the amount of £3,322 in regulation 6(1) of those Regulations.

## Signature

Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
27th February 1992

## 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.

## 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
19,530
34,877
40,921
42,084
43,246
44,176
45,107
46,036
46,967
47,896
38
18,972
33,481
39,689
41,109
42,315
43,246
44,176
45,107
46,036
46,967
39
18,414
32,085
38,457
40,130
41,387
42,315
43,246
44,176
45,107
46,036
40
17,857
30,690
37,225
39,153
40,455
41,387
42,315
43,246
44,176
45,107
41
17,299
29,296
35,992
38,176
39,527
40,455
41,387
42,315
43,246
44,176
42
16,739
27,901
34,760
37,202
38,596
39,527
40,455
41,387
42,315
43,246
43
15,903
26,273
33,527
36,458
37,946
39,061
39,990
40,921
41,851
42,782
44
15,066
24,645
32,295
35,713
37,294
38,596
39,527
40,455
41,387
42,315
45
14,230
23,018
31,063
34,969
36,644
38,131
39,061
39,990
40,921
41,851
46
13,392
21,391
29,831
34,225
35,992
37,666
38,596
39,527
40,455
41,387
47
12,556
19,763
28,598
33,481
35,341
37,202
38,131
39,061
39,990
40,921
48
11,834
19,110
27,622
31,992
34,225
35,898
36,829
37,759
38,688
39,620
49
11,113
18,461
26,645
30,504
33,110
34,596
35,527
36,458
37,388
38,318
50
10,394
17,810
25,668
29,018
31,992
33,294
34,225
35,154
36,084
37,015
51
9,673
17,159
24,691
27,529
30,877
31,992
32,923
33,852
34,783
35,713
52
8,951
16,508
23,716
26,041
29,760
30,690
31,622
32,550
33,481
34,410
53
8,276
15,346
22,227
24,739
28,644
29,760
30,690
31,622
32,550
33,481
54
7,603
14,183
20,739
23,438
27,529
28,831
29,760
30,690
31,622
32,550
55
6,929
13,020
19,253
22,135
26,412
27,901
28,831
29,760
30,690
31,622
56
6,254
11,858
17,763
20,833
25,298
26,971
27,901
28,831
29,760
30,690
57
5,580
10,695
16,276
19,530
24,182
26,041
26,971
27,901
28,831
29,760
58
5,139
9,720
14,533
17,530
21,761
23,483
24,483
25,460
26,412
27,342
59
4,696
8,741
12,787
15,533
19,343
20,925
21,994
23,018
23,995
24,923
60
4,256
7,765
11,044
13,531
16,928
18,369
19,506
20,578
21,578
22,507
61
3,813
6,788
9,300
11,532
14,509
15,811
17,018
18,136
19,159
20,088
62
3,372
5,813
7,557
9,532
12,092
13,253
14,533
15,695
16,739
17,670
63
3,138
5,255
6,788
8,523
10,754
11,903
13,113
14,230
15,252
16,182
64
2,909
4,696
6,021
7,510
9,417
10,556
11,696
12,765
13,764
14,694
65
2,675
4,139
5,255
6,500
8,080
9,207
10,276
11,300
12,277
13,207
66
2,442
3,582
4,488
5,486
6,744
7,859
8,859
9,834
10,789
11,718
67
2,210
3,022
3,719
4,475
5,406
6,511
7,440
8,371
9,300
10,230
68
2,150
2,928
3,592
4,289
5,221
6,254
7,149
8,114
9,009
9,928
69
2,093
2,836
3,465
4,104
5,035
6,000
6,860
7,859
8,721
9,624
70
2,034
2,744
3,336
3,918
4,848
5,742
6,569
7,603
8,428
9,325
71
1,977
2,650
3,210
3,731
4,661
5,486
6,278
7,348
8,139
9,023
72
1,919
2,558
3,081
3,547
4,475
5,232
5,986
7,092
7,846
8,721
73
1,871
2,513
3,035
3,477
4,406
5,115
5,871
6,906
7,615
8,463
74
1,825
2,463
2,988
3,406
4,338
4,998
5,755
6,719
7,383
8,208
75
1,780
2,419
2,942
3,336
4,265
4,883
5,639
6,534
7,149
7,951
76
1,733
2,371
2,894
3,267
4,196
4,768
5,523
6,348
6,916
7,697
77 and over
1,686
2,325
2,849
3,196
4,127
4,650
5,406
6,164
6,684
7,440

## 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
34,877
47,896
38
33,481
46,967
39
32,085
46,036
40
30,690
45,107
41
29,296
44,176
42
27,901
43,246
43
26,273
42,782
44
24,645
42,315
45
23,018
41,851
46
21,391
41,387
47
19,763
40,921
48
19,110
39,620
49
18,461
38,318
50
17,810
37,015
51
17,159
35,713
52
16,508
34,410
53
15,346
33,481
54
14,183
32,550
55
13,020
31,622
56
11,858
30,690
57
10,695
29,760
58
9,720
27,342
59
8,741
24,923
60
7,765
22,507
61
6,788
20,088
62
5,813
17,670
63
5,255
16,182
64
4,696
14,694
65
4,139
13,207
66
3,582
11,718
67
3,022
10,230
68
2,928
9,928
69
2,836
9,624
70
2,744
9,325
71
2,650
9,023
72
2,558
8,721
73
2,513
8,463
74
2,463
8,208
75
2,419
7,951
76
2,371
7,697
77 and over
2,325
7,440

## 

(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.

## 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
9,184
17,904
20,460
21,159
21,740
38
8,905
17,113
19,763
20,460
21,204
39
8,627
16,322
19,066
19,763
20,670
40
8,345
15,533
18,369
19,066
20,135
41
8,067
14,742
17,670
18,369
19,600
42
7,790
13,953
16,972
17,670
19,066
43
7,288
12,928
16,344
17,043
18,555
44
6,788
11,903
15,716
16,415
18,037
45
6,290
10,882
15,090
15,787
17,530
46
5,788
9,857
14,408
15,158
17,018
47
5,290
8,834
13,835
14,533
16,508
48
4,906
8,555
13,371
14,044
15,880
49
4,522
8,276
12,903
13,556
15,252
50
4,139
7,998
12,440
13,066
14,624
51
3,755
7,719
11,975
12,579
13,997
52
3,372
7,440
11,509
12,092
13,371
53
3,196
6,788
10,626
11,417
12,857
54
3,022
6,138
9,741
10,742
12,346
55
2,849
5,486
8,859
10,068
11,834
56
2,675
4,836
7,975
9,394
11,322
57
2,499
4,186
7,092
8,721
10,811
58
2,336
3,719
6,081
7,535
9,394
59
2,172
3,255
5,069
6,348
7,975
60
2,012
2,791
4,057
5,162
6,557
61
1,850
2,325
3,046
3,977
5,139
62
1,686
1,860
2,034
2,791
3,719
63
1,686
1,825
1,966
2,568
3,314
64
1,686
1,790
1,894
2,348
2,909
65
1,686
1,756
1,825
2,127
2,499
66
1,686
1,722
1,756
1,906
2,093
67 and over
1,686
1,686
1,686
1,686
1,686

## 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
17,904
21,740
38
17,113
21,204
39
16,322
20,670
40
15,533
20,135
41
14,742
19,600
42
13,953
19,066
43
12,928
18,555
44
11,903
18,037
45
10,882
17,530
46
9,857
17,018
47
8,834
16,508
48
8,555
15,880
49
8,276
15,252
50
7,998
14,624
51
7,719
13,997
52
7,440
13,371
53
6,788
12,857
54
6,138
12,346
55
5,486
11,834
56
4,836
11,322
57
4,186
10,811
58
3,719
9,394
59
3,255
7,975
60
2,791
6,557
61
2,325
5,139
62
1,860
3,719
63
1,825
3,314
64
1,790
2,909
65
1,756
2,499
66
1,722
2,093
67 and over
1,686
1,686

## 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
21,740
38
21,204
39
20,670
40
20,135
41
19,600
42
19,066
43
18,555
44
18,037
45
17,530
46
17,018
47
16,508
48
15,880
49
15,252
50
14,624
51
13,997
52
13,371
53
12,857
54
12,346
55
11,834
56
11,322
57
10,811
58
9,394
59
7,975
60
6,557
61
5,139
62
3,719
63
3,314
64
2,909
65
2,499
66
2,093
67 and over
1,686

## 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, the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1990 and the Pneumoconiosis etc. (Workers' Compensation ) (Payment of Claims) (Amendment) Regulations 1991, 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 5 per cent. rounded up or down to the nearest £1 as appropriate.

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Source: https://www.legislation.gov.uk/uksi/1992/403 (the official version)
Page: https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-amendment-regulations-1992
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.