The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1996
S.I. 1996/1979 · Made 26 July 1996
SOCIAL SECURITY
Made 26th July 1996
Coming into force 1st August 1996
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 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; section 1 of the Act was amended by section 24 of the Social Security Act 1985 (c. 53).
Contents
- 1Citation, commencement and application
- 2Amendment of the principal Regulations
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and application
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1996 and shall come into force on 1st August 1996.
These Regulations shall apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the date on which they come into force.
2Amendment of the principal Regulations
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1988f1 —
for the Schedule to those Regulations there shall be substituted the Schedule to these Regulations;
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount of £1,766 there shall be substituted the amount of £1,803;
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,654 there shall be substituted the amount of £3,731.
Signature
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretart of State,
Department of the Environment
26th July 1996
“SCHEDULE
Regulations 3, 4, 5 and 6
TABLE 1
(1)This table is for the determination of payments to disabled persons under regulation 3 (or, as the case may be, 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, the person 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, his age on the date specified in paragraph (1) of that regulation. In 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 deduced 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 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 less 11–20% 21–30% 40% 50% 60% 70% 80% 90% 100% £ £ £ £ £ £ £ £ £ £ 37 and under 20,888 37,302 43,767 45,011 46,253 47,248 48,244 49,238 50,233 51,227 38 20,291 35,810 42,449 43,968 45,258 46,253 47,248 48,244 49,238 50,233 39 19,694 34,317 41,131 42,921 44,265 45,258 46,253 47,248 48,244 49,238 40 19,099 32,824 39,814 41,876 43,268 44,265 45,258 46,253 47,248 48,244 41 18,502 31,333 38,496 40,831 42,276 43,268 44,265 45,258 46,253 47,248 42 17,902 29,842 37,178 39,789 41,280 42,276 43,268 44,265 45,258 46,253 43 17,010 28,100 35,859 38,993 40,586 41,778 42,772 43,767 44,762 45,758 44 16,114 26,359 34,540 38,197 39,887 41,280 42,276 43,268 44,265 45,258 45 15,220 24,618 33,223 37,401 39,192 40,783 41,778 42,772 43,767 44,762 46 14,324 22,879 31,906 36,606 38,496 40,286 41,280 42,276 43,268 44,265 47 13,429 21,138 30,587 35,810 37,799 39,789 40,783 41,778 42,772 43,767 48 12,657 20,439 29,544 34,217 36,606 38,394 39,391 40,385 41,378 42,376 49 11,886 19,745 28,498 32,626 35,413 37,002 37,998 38,993 39,988 40,983 50 11,117 19,049 27,474 31,035 34,217 35,609 36,606 37,599 38,594 39,589 51 10,346 18,352 26,408 29,444 33,024 34,217 35,222 36,206 37,202 38,197 52 9,574 17,656 25,366 27,852 31,830 32,824 33,822 34,814 35,810 36,803 53 8,852 16,414 23,773 26,459 30,636 31,830 32,824 33,822 34,814 35,810 54 8,131 15,170 22,181 25,069 29,444 30,836 31,830 32,824 33,822 34,814 55 7,410 13,926 20,592 23,674 28,249 29,842 30,836 31,830 32,824 33,822 56 6,689 12,682 18,999 22,282 27,057 28,846 29,842 30,836 31,830 32,824 57 5,969 11,438 17,408 20,888 25,866 27,852 28,846 29,842 30,836 31,830 58 5,496 10,396 15,544 18,749 23,275 25,117 26,186 27,231 28,249 29,245 59 5,022 9,349 13,676 16,613 20,689 22,380 23,524 24,618 25,664 26,656 60 4,552 8,305 11,812 14,472 18,105 19,646 20,863 22,009 23,079 24,073 61 4,078 7,260 9,948 12,334 15,518 16,911 18,201 19,397 20,491 21,485 62 3,606 6,217 8,082 10,195 12,933 14,175 15,544 16,786 17,902 18,899 63 3,356 5,620 7,260 9,115 11,503 12,731 14,025 15,220 16,313 17,308 64 3,112 5,022 6,440 8,032 10,071 11,290 12,509 13,653 14,721 15,715 65 2,861 4,426 5,620 6,953 8,642 9,848 10,991 12,087 13,131 14,126 66 2,612 3,832 4,800 5,868 7,213 8,405 9,475 10,518 11,539 12,533 67 2,364 3,232 3,978 4,786 5,782 6,964 7,958 8,953 9,948 10,942 68 2,299 3,131 3,842 4,587 5,585 6,689 7,646 8,679 9,635 10,618 69 2,238 3,033 3,706 4,390 5,386 6,417 7,338 8,405 9,328 10,294 70 2,176 2,935 3,567 4,190 5,185 6,141 7,026 8,131 9,014 9,973 71 2,114 2,834 3,433 3,990 4,986 5,868 6,715 7,860 8,705 9,650 72 2,052 2,736 3,295 3,794 4,786 5,596 6,403 7,585 8,392 9,328 73 2,001 2,688 3,246 3,718 4,712 5,471 6,279 7,387 8,145 9,052 74 1,952 2,635 3,196 3,643 4,639 5,346 6,156 7,187 7,896 8,772 75 1,904 2,587 3,147 3,567 4,562 5,222 6,031 6,988 7,646 8,504 76 1,853 2,535 3,095 3,495 4,488 5,100 5,908 6,790 7,397 8,232 77 and over 1,803 2,486 3,047 3,418 4,414 4,973 5,782 6,593 7,149 7,958 PART B
payments to disabled persons to whom is payable an allowance under a scheme made or having effect as if 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 Partial Total £ £ 37 and under 37,302 51,227 38 35,810 50,233 39 34,317 49,238 40 32,824 48,244 41 31,333 47,248 42 29,842 46,253 43 28,100 45,758 44 26,359 45,258 45 24,618 44,762 46 22,879 44,265 47 21,138 43,767 48 20,439 42,376 49 19,745 40,983 50 19,049 39,589 51 18,352 38,197 52 17,656 36,803 53 16,414 35,810 54 15,170 34,814 55 13,926 33,822 56 12,682 32,824 57 11,438 31,830 58 10,396 29,245 59 9,349 26,656 60 8,305 24,073 61 7,260 21,485 62 6,217 18,899 63 5,620 17,308 64 5,022 15,715 65 4,426 14,126 66 3,832 12,533 67 3,232 10,942 68 3,131 10,618 69 3,033 10,294 70 2,935 9,973 71 2,834 9,650 72 2,736 9,328 73 2,688 9,052 74 2,635 8,772 75 2,587 8,504 76 2,535 8,232 77 and over 2,486 7,958 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 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) or 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 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 9,823 19,150 21,883 22,630 23,252 38 9,525 18,303 21,138 21,883 22,678 39 9,228 17,457 20,392 21,138 22,108 40 8,926 16,613 19,646 20,392 21,535 41 8,628 15,767 18,899 19,646 20,963 42 8,332 14,924 18,152 18,899 20,392 43 7,794 13,827 17,482 18,228 19,845 44 7,260 12,731 16,809 17,556 19,292 45 6,727 11,638 16,139 16,885 18,749 46 6,191 10,542 15,410 16,212 18,201 47 5,657 9,448 14,797 15,544 17,656 48 5,248 9,150 14,301 15,021 16,984 49 4,836 8,852 13,801 14,499 16,313 50 4,426 8,554 13,306 13,975 15,642 51 4,017 8,256 12,807 13,454 14,971 52 3,606 7,958 12,310 12,933 14,301 53 3,418 7,260 11,366 12,210 13,751 54 3,232 6,564 10,419 11,489 13,205 55 3,047 5,868 9,475 10,768 12,657 56 2,861 5,172 8,529 10,048 12,109 57 2,672 4,477 7,585 9,328 11,563 58 2,498 3,978 6,504 8,059 10,048 59 2,323 3,481 5,422 6,790 8,529 60 2,151 2,985 4,338 5,521 7,013 61 1,979 2,486 3,258 4,253 5,496 62 1,803 1,990 2,176 2,985 3,978 63 1,803 1,952 2,102 2,746 3,545 64 1,803 1,914 2,026 2,512 3,112 65 1,803 1,879 1,952 2,275 2,672 66 1,803 1,842 1,879 2,039 2,238 67 and over 1,803 1,803 1,803 1,803 1,803 PART B
payments 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 benefits 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 than diffuse mesothelioma.
Age of disabled person at his last birthday preceding death Extent of incapacity for the relevant period Partial Total £ £ 37 or under 19,150 23,252 38 18,303 22,678 39 17,457 22,108 40 16,613 21,535 41 15,767 20,963 42 14,924 20,392 43 13,827 19,845 44 12,731 19,292 45 11,638 18,749 46 10,542 18,201 47 9,448 17,656 48 9,150 16,984 49 8,852 16,313 50 8,554 15,642 51 8,256 14,971 52 7,958 14,301 53 7,260 13,751 54 6,564 13,205 55 5,868 12,657 56 5,172 12,109 57 4,477 11,563 58 3,978 10,048 59 3,481 8,529 60 2,985 7,013 61 2,486 5,496 62 1,990 3,978 63 1,952 3,545 64 1,914 3,112 65 1,879 2,672 66 1,842 2,238 67 and over 1,803 1,803 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 23,252 38 22,678 39 22,108 40 21,535 41 20,963 42 20,392 43 19,845 44 19,292 45 18,749 46 18,201 47 17,656 48 16,984 49 16,313 50 15,642 51 14,971 52 14,301 53 13,751 54 13,205 55 12,657 56 12,109 57 11,563 58 10,048 59 8,529 60 7,013 61 5,496 62 3,978 63 3,545 64 3,112 65 2,672 66 2,238 67 and over 1,803 ”
Explanatory note
(This note is not part of the Regulations)
Under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”) lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled immediately before they died.
These Regulations amend the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988, as amended, so as to increase the amount payable under the Act. The increase in each case is 2.1 per cent, rounded up or down to the nearest £1 as appropriate.
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.