Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2000
S.R. 2000/134 · Made 18 April 2000
SOCIAL SECURITY
Made 18th April 2000
To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
Coming into operation 1st June 2000
The Department of Higher and Further Education, Training and Employment, in exercise of the powers conferred by Articles 2(2), 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979f1 and now vested in itf2 and of every other power enabling it in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22
- f2
-
The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Pneumoconiosis, etc,. (Workers' Compensation) (Northern Ireland) Order 1979 to the Department of Higher and Further Education, Training and Employment
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the principal Regulations
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 1st June 2000.
In these Regulations—
“the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;
“the principal Regulations” means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988f1.
2Amendment of the principal Regulations
The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on or after 1st June 2000.
For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant) for “£1,943” in each place where it occurs there shall be substituted “£1,992”.
In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis) for “£4,020” (in each place where it occurs) there shall be substituted “£4,121”.
Signature
Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 18th April 2000.
L.S.
R. B. Gamble
A senior officer of the
Department of Higher and Futher Education, Training and Employment
“SCHEDULE
Regulations 3, 4 and 6
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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis) the first period specified in paragraph 6(1)(b).
(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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), regulation 6(1). 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 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.
Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) 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
Percentage assessment for the relevant period Age of disabled person 10% or less 11%-20% 21%-30% 31%-40% 41%-50% 51%-60% 61%-70% 71%-80% 81%-90% 91%-100% £ £ £ £ £ £ £ £ £ £ 37 and under 23,066 41,192 48,330 49,703 51,076 52,174 53,274 54,371 55,470 56,568 38 22,407 39,542 46,874 48,552 49,976 51,076 52,174 53,274 54,371 55,470 39 21,747 37,894 45,419 47,396 48,880 49,976 51,076 52,174 53,274 54,371 40 21,090 36,246 43,964 46,242 47,779 48,880 49,976 51,076 52,174 53,274 41 20,430 34,600 42,509 45,088 46,683 47,779 48,880 49,976 51,076 52,174 42 19,768 32,953 41,053 43,938 45,584 46,683 47,779 48,880 49,976 51,076 43 18,783 31,030 39,597 43,058 44,817 46,134 47,231 48,330 49,429 50,528 44 17,794 29,107 38,141 42,179 44,046 45,584 46,683 47,779 48,880 49,976 45 16,807 27,185 36,687 41,300 43,279 45,034 46,134 47,231 48,330 49,429 46 15,817 25,264 35,232 40,422 42,509 44,486 45,584 46,683 47,779 48,880 47 14,830 23,341 33,776 39,542 41,740 43,938 45,034 46,134 47,231 48,330 48 13,977 22,571 32,624 37,785 40,422 42,396 43,498 44,595 45,692 46,793 49 13,126 21,804 31,470 36,028 39,106 40,860 41,959 43,058 44,158 45,256 50 12,275 21,035 30,338 34,271 37,785 39,322 40,422 41,520 42,617 43,716 51 11,425 20,266 29,161 32,513 36,467 37,785 38,895 39,980 41,081 42,179 52 10,572 19,497 28,010 30,755 35,148 36,246 37,348 38,444 39,542 40,640 53 9,775 18,125 26,251 29,218 33,830 35,148 36,246 37,348 38,444 39,542 54 8,979 16,752 24,493 27,682 32,513 34,052 35,148 36,246 37,348 38,444 55 8,183 15,378 22,739 26,142 31,194 32,953 34,052 35,148 36,246 37,348 56 7,386 14,004 20,980 24,605 29,878 31,854 32,953 34,052 35,148 36,246 57 6,591 12,631 19,223 23,066 28,563 30,756 31,854 32,953 34,052 35,148 58 6,069 11,480 17,165 20,703 25,701 27,735 28,915 30,070 31,194 32,294 59 5,546 10,324 15,102 18,344 22,845 24,714 25,977 27,185 28,339 29,435 60 5,027 9,171 13,043 15,981 19,993 21,694 23,038 24,303 25,485 26,583 61 4,503 8,018 10,985 13,619 17,136 18,673 20,099 21,419 22,628 23,725 62 3,982 6,865 8,925 11,258 14,281 15,653 17,165 18,536 19,768 20,869 63 3,706 6,205 8,018 10,066 12,702 14,058 15,488 16,807 18,013 19,112 64 3,437 5,546 7,111 8,869 11,121 12,467 13,814 15,076 16,255 17,353 65 3,159 4,887 6,205 7,678 9,543 10,874 12,137 13,347 14,500 15,598 66 2,884 4,231 5,300 6,479 7,965 9,281 10,463 11,615 12,743 13,840 67 2,610 3,569 4,392 5,286 6,385 7,691 8,787 9,886 10,985 12,083 68 2,539 3,458 4,242 5,066 6,167 7,386 8,444 9,584 10,640 11,725 69 2,471 3,350 4,093 4,848 5,947 7,086 8,103 9,281 10,300 11,367 70 2,403 3,241 3,939 4,627 5,726 6,781 7,758 8,979 9,954 11,013 71 2,335 3,129 3,790 4,406 5,505 6,479 7,415 8,679 9,612 10,657 72 2,266 3,022 3,639 4,189 5,286 6,180 7,070 8,376 9,266 10,300 73 2,210 2,968 3,584 4,106 5,203 6,041 6,934 8,157 8,993 9,996 74 2,156 2,910 3,529 4,023 5,123 5,903 6,798 7,937 8,720 9,687 75 2,102 2,857 3,475 3,939 5,038 5,767 6,659 7,716 8,444 9,390 76 2,046 2,799 3,417 3,859 4,956 5,631 6,523 7,498 8,168 9,091 77 and over 1,992 2,745 3,364 3,775 4,874 5,492 6,385 7,280 7,895 8,787 Table 2
(1)Table 2 is for the determination of additional payments under regulation 4(2) to dependants of deceased sufferers who died as a result of the disease and for the determination of payments to dependants under regulation 4(6).
(2)The relevant period is the period specified in regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), the first period specified in paragraph 6(1)(b).
Part A
Payments to dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) 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% 31%-40% 50% and over £ £ £ £ £ 37 and under 10,847 21,147 24,164 24,990 25,676 38 10,517 20,212 23,342 24,164 25,043 39 10,190 19,277 22,518 23,341 24,412 40 9,856 18,344 21,694 22,518 23,780 41 9,528 17,411 20,869 21,694 23,149 42 9,201 16,480 20,045 20,869 22,518 43 8,607 15,269 19,304 20,128 21,915 44 8,018 14,058 18,561 19,387 21,303 45 7,429 12,851 17,822 18,646 20,703 46 6,837 11,641 17,016 17,903 20,099 47 6,247 10,433 16,341 17,165 19,497 48 5,795 10,104 15,792 16,587 18,755 49 5,340 9,775 15,240 16,011 18,013 50 4,887 9,445 14,693 15,432 17,272 51 4,435 9,116 14,143 14,856 16,532 52 3,982 8,787 13,594 14,281 15,792 53 3,775 8,018 12,551 13,483 15,184 54 3,569 7,249 11,506 12,687 14,582 55 3,364 6,479 10,463 11,891 13,977 56 3,159 5,711 9,419 11,096 13,371 57 2,951 4,944 8,376 10,300 12,768 58 2,759 4,392 7,182 8,899 11,096 59 2,565 3,844 5,987 7,498 9,419 60 2,376 3,296 4,791 6,096 7,745 61 2,185 2,745 3,598 4,697 6,069 62 1,992 2,198 2,403 3,296 4,392 63 1,992 2,156 2,322 3,033 3,914 64 1,992 2,114 2,237 2,774 3,437 65 1,992 2,075 2,156 2,512 2,951 66 1,992 2,034 2,075 2,252 2,471 67 and over 1,992 1,992 1,992 1,992 1,992 Part B
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 25,676 38 25,043 39 24,412 40 23,780 41 23,149 42 22,518 43 21,915 44 21,303 45 20,703 46 20,099 47 19,497 48 18,755 49 18,013 50 17,272 51 16,532 52 15,792 53 15,184 54 14,581 55 13,977 56 13,371 57 12,768 58 11,096 59 9,419 60 7,745 61 6,069 62 4,392 63 3,914 64 3,437 65 2,951 66 2,471 67 and over 1,992 ”
Explanatory note
(This note is not part of the Regulations.)
Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“the Order”) lump sum payments may be made to certain persons disabled by a disease to which the Order 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 (Northern Ireland) 1988, as amended, so as to increase the amount payable under the Order. The increase in each case is 2.5 per cent, rounded up or down to the nearest £1 as appropriate.
The diseases to which the Order applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.