The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997
S.I. 1997/1691 · Made 13 July 1997
SOCIAL SECURITY
Made 13th July 1997
Laid before Parliament 24th June 1997
Coming into force 1st September 1997
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) Amendment Regulations 1997 and shall come into force on 1st September 1997.
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) 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 £1,803 there shall be substituted the amount of £1,852;
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,731 there shall be substituted the amount of £3,832.
Signature
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th July 1997
“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 21,452 38,309 44,949 46,226 47,502 48,523 49,547 50,567 51,589 52,610 38 20,839 36,776 43,595 45,155 46,480 47,502 48,523 49,547 50,567 51,589 39 20,226 35,243 42,242 44,080 45,461 46,480 47,502 48,523 49,547 50,567 40 19,614 33,710 40,889 43,007 44,436 45,461 46,480 47,502 48,523 49,547 41 19,001 32,179 39,535 41,933 43,417 44,436 45,461 46,480 47,502 48,523 42 18,386 30,648 38,181 40,864 42,395 43,417 44,436 45,461 46,480 47,502 43 17,469 28,859 36,827 40,046 41,682 42,906 43,927 44,949 45,970 46,994 44 16,550 27,071 35,473 39,228 40,964 42,395 43,417 44,436 45,461 46,480 45 15,631 25,283 34,120 38,411 40,250 41,884 42,906 43,927 44,949 45,970 46 14,710 23,496 32,768 37,594 39,535 41,373 42,395 43,417 44,436 45,461 47 13,792 21,708 31,413 36,776 38,820 40,864 41,884 42,906 43,927 44,949 48 12,999 20,991 30,341 35,141 37,594 39,430 40,455 41,475 42,495 43,520 49 12,207 20,278 29,268 33,507 36,370 38,001 39,023 40,046 41,068 42,089 50 11,417 19,563 28,216 31,873 35,141 36,571 37,594 38,615 39,636 40,658 51 10,625 18,848 27,121 30,239 33,916 35,141 36,173 37,183 38,207 39,228 52 9,832 18,133 26,051 28,604 32,689 33,710 34,735 35,754 36,776 37,797 53 9,091 16,857 24,415 27,174 31,463 32,689 33,710 34,735 35,754 36,776 54 8,351 15,580 22,780 25,745 30,239 31,669 32,689 33,710 34,735 35,754 55 7,610 14,302 21,147 24,313 29,012 30,648 31,669 32,689 33,710 34,735 56 6,869 13,024 19,512 22,884 27,787 29,625 30,648 31,669 32,689 33,710 57 6,130 11,747 17,878 21,452 26,564 28,604 29,625 30,648 31,669 32,689 58 5,644 10,677 15,963 19,255 23,903 25,795 26,893 27,966 29,012 30,034 59 5,158 9,602 14,046 17,061 21,247 22,985 24,159 25,283 26,357 27,376 60 4,675 8,529 12,131 14,862 18,594 20,177 21,426 22,603 23,702 24,723 61 4,188 7,456 10,216 12,667 15,937 17,367 18,693 19,921 21,045 22,065 62 3,704 6,385 8,300 10,470 13,282 14,557 15,963 17,239 18,386 19,409 63 3,447 5,771 7,456 9,362 11,813 13,075 14,404 15,631 16,753 17,775 64 3,196 5,158 6,614 8,249 10,343 11,595 12,847 14,021 15,118 16,140 65 2,938 4,546 5,771 7,141 8,875 10,113 11,288 12,413 13,486 14,507 66 2,682 3,935 4,929 6,026 7,408 8,632 9,731 10,802 11,851 12,871 67 2,427 3,320 4,085 4,916 5,938 7,152 8,173 9,195 10,216 11,237 68 2,361 3,216 3,946 4,711 5,736 6,869 7,853 8,913 9,895 10,905 69 2,298 3,115 3,806 4,509 5,531 6,590 7,536 8,632 9,580 10,572 70 2,234 3,015 3,664 4,303 5,325 6,307 7,215 8,351 9,258 10,242 71 2,172 2,911 3,525 4,098 5,120 6,026 6,896 8,072 8,940 9,911 72 2,108 2,810 3,384 3,896 4,916 5,747 6,576 7,790 8,618 9,580 73 2,055 2,761 3,333 3,819 4,839 5,618 6,449 7,586 8,364 9,297 74 2,005 2,706 3,282 3,741 4,765 5,490 6,322 7,381 8,110 9,009 75 1,956 2,657 3,232 3,664 4,685 5,363 6,194 7,176 7,853 8,734 76 1,903 2,604 3,178 3,589 4,610 5,238 6,067 6,973 7,597 8,455 77 and over 1,852 2,553 3,129 3,511 4,533 5,108 5,938 6,771 7,342 8,173 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 38,309 52,610 38 36,776 51,589 39 35,243 50,567 40 33,710 49,547 41 32,179 48,523 42 30,648 47,502 43 28,859 46,994 44 27,071 46,480 45 25,283 45,970 46 23,496 45,461 47 21,708 44,949 48 20,991 43,520 49 20,278 42,089 50 19,563 40,658 51 18,848 39,228 52 18,133 37,797 53 16,857 36,776 54 15,580 35,754 55 14,302 34,735 56 13,024 33,710 57 11,747 32,689 58 10,667 30,034 59 9,602 27,376 60 8,529 24,723 61 7,456 22,065 62 6,385 19,409 63 5,771 17,775 64 5,158 16,140 65 4,546 14,507 66 3,935 12,871 67 3,320 11,237 68 3,216 10,905 69 3,115 10,572 70 3,015 10,242 71 2,911 9,911 72 2,810 9,580 73 2,761 9,297 74 2,706 9,009 75 2,657 8,734 76 2,604 8,455 77 and over 2,553 8,173 TABLE 2
(1)Table 2 is for the determination of payments to dependants of deceased suffers 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 HIS 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 10,088 19,667 22,474 23,241 23,880 38 9,782 18,798 21,708 22,474 23,291 39 9,477 17,928 20,943 21,708 22,705 40 9,167 17,061 20,177 20,943 22,116 41 8,861 16,193 19,409 20,177 21,529 42 8,557 15,327 18,642 19,409 20,943 43 8,005 14,201 17,954 18,720 20,381 44 7,456 13,075 17,263 18,030 19,813 45 6,909 11,953 16,575 17,341 19,255 46 6,359 10,826 15,826 16,650 18,693 47 5,810 9,703 15,197 15,963 18,133 48 5,390 9,397 14,687 15,427 17,443 49 4,967 9,091 14,173 14,891 16,753 50 4,546 8,785 13,665 14,353 16,064 51 4,125 8,479 13,153 13,817 15,375 52 3,704 8,173 12,643 13,282 14,687 53 3,511 7,456 11,673 12,540 14,122 54 3,320 6,741 10,701 11,800 13,561 55 3,129 6,026 9,731 11,059 12,999 56 2,938 5,312 8,760 10,319 12,436 57 2,744 4,598 7,790 9,580 11,875 58 2,566 4,085 6,679 8,276 10,319 59 2,385 3,575 5,568 6,973 8,760 60 2,209 3,066 4,455 5,670 7,203 61 2,032 2,553 3,346 4,368 5,644 62 1,852 2,044 2,234 3,066 4,085 63 1,852 2,005 2,159 2,821 3,641 64 1,852 1,966 2,080 2,579 3,196 65 1,852 1,929 2,005 2,336 2,744 66 1,852 1,892 1,929 2,094 2,298 67 and over 1,852 1,852 1,852 1,852 1,852 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 19,667 23,880 38 18,798 23,291 39 17,928 22,705 40 17,061 22,116 41 16,193 21,529 42 15,327 20,943 43 14,201 20,381 44 13,075 19,813 45 11,953 19,255 46 10,826 18,693 47 9,703 18,133 48 9,397 17,443 49 9,091 16,753 50 8,785 16,064 51 8,479 15,375 52 8,173 14,687 53 7,456 14,122 54 6,741 13,561 55 6,026 12,999 56 5,312 12,436 57 4,598 11,875 58 4,085 10,319 59 3,575 8,760 60 3,066 7,203 61 2,553 5,644 62 2,044 4,085 63 2,005 3,641 64 1,966 3,196 65 1,929 2,744 66 1,892 2,298 67 or over 1,852 1,852 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 23,880 38 23,291 39 22,705 40 22,116 41 21,529 42 20,943 43 20,381 44 19,813 45 19,255 46 18,693 47 18,133 48 17,443 49 16,753 50 16,064 51 15,375 52 14,687 53 14,122 54 13,561 55 12,999 56 12,436 57 11,875 58 10,319 59 8,760 60 7,203 61 5,644 62 4,085 63 3,641 64 3,196 65 2,744 66 2,298 67 and over 1,852 ”
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 2.7 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 diffuse pleural thickening) and diffuse pleural thickening.