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The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1995

S.I. 1995/1514 · Made 12 June 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 12th June 1995

Coming into force 1st July 1995

The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979f1 (“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:—

Annotations to the whole text

Footnotes

f1

1979 c. 41; sections 1 and 4 of the Act were amended by section 24 of the Social Security Act 1985 (c. 53) and section 2 was amended 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 1
  7. PART Apayments to disabled persons to whom is payable disablement benefit under section 108 of the social security contributions and benefits act 1992 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.
  8. PART Bpayments to disabled persons to whom is payable an allowance under a scheme made or having effect as is made under schedule 8, paragraph 4 to the social security contributions and benefits act 1992 or under any corresponding provision of the former old cases acts.
  9. TABLE 2Part TABLE 2
  10. PART Apayments to dependants to whom death benefit under section 108 of the social security contributions and benefits act 1992 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(1.)(a)(iii) of but for this disablement amounting to less than the appropriate percentage in circumstances where the disabled person died as a result of a disease other then diffuse mesothelioma.
  11. PART Bpayments to dependants to whom death benefit under a scheme made or having effect as if made under schedule 8, paragraph 4 to the social security contributions and benefit act 1992 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 then diffuse mesothelioma.
  12. PART Cpayment to dependants of persons who died as a result of diffuse mesothelioma
  13. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.

(2)

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

2Interpretation

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

3Amendment 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 £1,766 shall be substituted for the amount of £1,728 in regulations 5(1) and 8 of those Regulations, and the amount of £3,654 shall be substituted for the amount of £3,575 in regulation 6(1) of those Regulations.

Signature

Signed by order of the Secretary os State.

Ann Widdecombe,

Minister of State,

Department of Employment

12th June 1995

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) is age on the date specified in paragraph (1) of that regulation. With a view to determining the amount payable to a dependent 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 Apayments to disabled persons to whom is payable disablement benefit under section 108 of the social security contributions and benefits act 1992 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 less11-20%21-30%40%50%60%70%80%90%100%
££££££££££
37 and under20,45836,53542,86744,08545,30246,27647,25248,25549,20050,173
3819,87435,07341,57643,06444,32745,30246,27647,25248,25549,200
3919,28933,61140,28542,03843,35544,32745,30246,27647,25248,225
4018,70632,14938,99541,01542,37843,35544,32745,30246,27647,252
4118,12130,68937,70439,99141,40642,37843,35544,32745,30246,276
4217,53429,22836,41338,97140,43141,40642,37843,35544,32745,302
4316,66027,52235,12138,19139,75140,91941,89242,86743,84144,817
4415,78325,81733,83037,41139,06740,43141,40642,37843,35544,327
4514,90724,11232,54036,63238,38639,94440,91941,89242,86743,841
4614,02922,40831,25035,85337,70439,45740,43141,40642,37843,355
4713,15320,70329,95835,07337,02238,97139,94440,91941,89242,867
4812,39720,01928,93633,51335,85337,60438,58139,55440,52741,504
4911,64219,33927,91231,95534,68536,24137,21638,19139,16640,140
5010,88818,65726,90930,39733,51334,87735,85336,82637,80038,775
5110,13317,97525,86528,83832,34533,51334,49835,46136,43737,411
529,37717,29324,84427,27931,17532,14933,12634,09835,07336,046
538,67016,07623,28425,91530,00631,17532,14933,12634,09835,073
547,96414,85821,72524,55328,83830,20231,17532,14933,12634,098
557,25813,64020,16823,18727,66829,22830,20231,17532,14933,126
566,55112,42118,60821,82426,50028,25329,22830,20231,17532,149
575,84611,20317,05020,45825,33427,27928,25329,22830,20231,175
585,38310,18215,22418,36322,79624,60025,64726,67127,66828,643
594,9199,15713,39516,27120,26321,92023,04024,11225,13626,108
604,4588,13411,56914,17417,73319,24220,43421,55622,60423,578
613,9947,1119,74312,08015,19916,56317,82718,99820,07021,043
623,5326,0897,9169,98512,66713,88315,22416,44117,53418,510
633,2875,5047,1118,92811,26612,46913,73714,90715,97716,952
643,0484,9196,3087,8679,86411,05812,25213,37214,41815,392
652,8024,3355,5046,8108,4649,64510,76511,83812,86113,835
662,5583,7534,7015,7477,0658,2329,28010,30211,30212,275
672,3153,1663,8964,6885,6636,8217,7948,7699,74310,717
682,2523,0673,7634,4935,4706,5517,4898,5009,43710,400
692,1922,9713,6304,3005,2756,2857,1878,2329,13610,082
702,1312,8753,4944,1045,0786,0156,8817,9648,8299,768
712,0712,7763,3623,9084,8835,7476,5777,6988,5269,452
722,0102,6803,2273,7164,6885,4816,2717,4298,2199,136
731,9602,6333,1793,6424,6155,3586,1507,2357,9778,866
741,1922,5813,1303,5684,5445,2366,0297,0397,7348,592
751,8652,5343,0823,4944,4685,1155,9076,8447,4898,329
761,8152,4833,0313,4234,3964,9955,7866,6507,2458,063
77 and over1,7662,4352,9843,3484,3234,8715,6636,4577,0027,794

PART Bpayments to disabled persons to whom is payable an allowance under a scheme made or having effect as is made under schedule 8, paragraph 4 to the social security contributions and benefits act 1992 or under any corresponding provision of the former old cases acts.

Age of disabled person Extent of incapacity for the relevant period
PartialTotal
££
37 and under36,53550,173
3835,07349,200
3933,61148,225
4032,14947,252
4130,68946,276
4229,22845,302
4327,52244,817
4425,81744,327
4524,11243,841
4622,40843,355
4720,70342,867
4820,01941,504
4919,33940,140
5018,65738,775
5117,97537,411
5217,29336,046
5316,07635,073
5414,85834,098
5513,64033,126
5612,42132,149
5711,20331,175
5810,18228,643
599,15726,108
608,13423,578
617,11121,043
626,08918,510
635,50416,952
644,91915,392
654,33513,835
663,75312,275
673,16610,717
683,06710,400
692,97110,082
702,8759,768
712,7769,452
722,6809,136
732,6338,866
742,5818,592
752,5348,329
762,4838,063
77 and over2,4357,794

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 Apayments to dependants to whom death benefit under section 108 of the social security contributions and benefits act 1992 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(1.)(a)(iii) of but for this disablement amounting to less than the appropriate percentage in circumstances where the disabled person died as a result of a disease other then diffuse mesothelioma.

Age of disabled person at his last birthday preceding deathPercentage assessment for the relevant period
10% or less11%-20%21%-30%40%50% and over
£££££
37 and under9,62118,75621,43322,16522,774
389,32917,92720,70321,43322,212
399,03817,09819,97320,70321,653
408,74216,27119,24219,97321,092
418,45115,44318,51019,24220,532
428,16114,61717,77918,51019,973
437,63413,54317,12217,85319,437
447,11112,46916,46317,19518,895
456,58911,39915,80716,53818,363
466,06410,32515,09315,87917,827
475,5419,25414,49315,22417,293
485,1408,96214,00714,71216,635
494,7378,67013,51714,20115,977
504,3358,37813,03213,68815,320
513,9348,08612,54413,17714,663
523,5327,79412,05712,66714,007
533,3487,11111,13211,95913,468
543,1666,42910,20511,25312,933
552,9845,7479,28010,54712,397
562,8025,0668,3549,84111,860
572,6174,3857,4299,13611,325
582,4473,8966,3707,8939,841
592,2753,4095,3106,6508,354
602,1072,9244,2495,4076,869
611,9382,4353,1914,1665,383
621,7661,9492,1312,9243,896
631,7661,9122,0592,6903,472
641,7661,8751,9842,4603,048
651,7661,8401,9122,2282,617
661,7661,8041,8401,9972,192
67 and over1,7661,7661,7661,7661,766

PART Bpayments to dependants to whom death benefit under a scheme made or having effect as if made under schedule 8, paragraph 4 to the social security contributions and benefit act 1992 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 then diffuse mesothelioma.

Age of disabled person at his last birthday preceding deathExtent of incapacity for the relevant period
PartialTotal
££
37 and under18,75622,774
3817,92722,212
3917,09821,653
4016,27121,092
4115,44320,532
4214,61719,973
4313,54319,437
4412,46918,895
4511,39918,363
4610,.32517,.827
479,25417,293
488,96216,635
498,67015,977
508,37815,320
518,08614,663
527,79414,007
537,11113,468
546,43912,933
555,74712,397
565,06611,860
574,38511,325
583,8969,841
593,4098.354
602,9246,869
612,4355,383
621,9493,896
631,9123,472
641,8753,048
651.8402,617
661,8042,192
67 and over1,7661,766

PART Cpayment to dependants of persons who died as a result of diffuse mesothelioma

Age of disabled person at his last birthday preceding deathPayment
£
37 and under22,774
3822,212
3921,653
4021,092
4120,532
4219,973
4319,.437
4418,895
4518,363
4617,827
4717,293
4816,635
4915,977
5015,320
5114,663
5214,007
5313,468
5412,933
5512,397
5611,860
5711,325
589,841
598,354
606,869
615,383
623,896
633,472
643,048
652,617
662,192
67 and over1,766

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, the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1991, the Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 1992 and the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment( Regulations 1993 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 applied, 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 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 2.2 per cent. rounded up or down to the nearest £1 as appropriate.