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The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988

S.I. 1988/668 · Made 30 March 1988

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 30th March 1988

Coming into force 11th April 1988

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; 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, revocation and transitional provision
  2. 2Interpretation
  3. 3Payments to persons disabled by a disease
  4. 4Payments to dependants of persons disabled by a disease
  5. 5Payment where death results from diffuse mesothelioma Repealed
  6. 6Payment where pneumoconiosis is accompanied by tuberculosis Repealed
  7. 7Power of Secretary of State to determine amount of payment
  8. 7APayment to personal representatives
  9. 8Minimum amount payable to dependant Repealed
  10. Signature
  11. Schedule
  12. 1Table
  13. 2Paragraph 2 Repealed
  14. 3Paragraph 3
  15. 4Paragraph 4
  16. TABLE 2 Repealed
  17. Explanatory note

1Citation, commencement, revocation and transitional provision

(1)

These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 and shall come into force on 11th April 1988 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.

(2)

Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985f1 are revoked.

(3)

Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first satisfies the conditions of entitlement to a payment under the Act before 11th April 1988.

2Interpretation

(1)

In these Regulations unless the context otherwise requires:—

(a)

“the Act” means the Pneumoconiosis etc. (Workers' Compensation) Act 1979;

(b)

“the appropriate percentage” means, in the case of any disease, the percentage specified in section 57(1) of the Social Security Act 1975f1 or, if Regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the Regulations;

(c)

“the appropriate period” means, in the case of any disease, the period specified in section 57(4) of the 1975 Act or, if Regulations have been made under section 77 of that Act specifying a different period in relation to that disease, the period specified in the Regulations;

(d)

“claim” means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1985f2;

F1(e)

“determination” means a determination made by the Secretary of State in connection with a claim for disablement benefit;

F2(f)

“disease” means a disease to which the Act applies (as specified in section 1(3) of the Act or in an order made under that section);

F3(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(h)

“percentage assessment” means percentage disability assessed in respect of a disease for the purpose of determining entitlement to 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;

F5(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(j)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.

3Payments to persons disabled by a disease

(1)

The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with F1the table in the Schedule.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5)

Where—

(a)

a payment is made to a person under section 46 of the Child Maintenance and Other Payments Act 2008 (the mesothelioma payment) in respect of diffuse mesothelioma,

(b)

subsequently it is determined that the same person is entitled to a payment under section 1(1) of the Act in respect of the same diffuse mesothelioma,

the amount payable under paragraph (1) shall be reduced by the amount of the mesothelioma payment.

4Payments to dependants of persons disabled by a disease

(1)

The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, or would have been payable but for his disablement amounting to less than the appropriate percentage, being the dependant entitled to a payment under the Act, shall be determined F1in accordance with the table in the Schedule.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)
(a)

A dependant of a person to whom disablement benefit in respect of a disease was not payable immediately before he died, being the dependant entitled to a payment under the Act, shall be paid an amount determined in accordance with F3the table in the Schedule F4in cases where:—

(i)

death benefit is payable to or in respect of the said dependant F5by reason of the deceased’s death as a result of the disease, or

(ii)

disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed benefit, or but for his having died before he had suffered from the disease for the appropriate period.

(b)

The relevant percentage assessment F6for the purposes of F7the table in the Schedule shall be that determined by a F8medical practitioner appointed to act on behalf of the Secretary of State in respect of the period immediately prior to the deceased’s death or if no such determination was made the said relevant percentage assessment F9... shall be taken as 10 per cent. F10... and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.

F11(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Payment where death results from diffuse mesothelioma

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Payment where pneumoconiosis is accompanied by tuberculosisF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Power of Secretary of State to determine amount of payment

In the case of a claim by any person who appears to the Secretary of State to be entitled to a payment under the Act but in respect of whose claim the Secretary of State is unable to determine affirmatively or accurately, to his satisfaction, the amount which should properly be paid to that person in accordance with these Regulations (whether because the date relevant for the purposes of F1paragraph 3(1) of the Schedule is unknown or uncertain or for some other reason), payment shall nevertheless be made to that person of whatever amount, in any particular case, appears to the Secretary of State to be just and equitable:

Provided that in the case of any such payment—

(a)

where the date relevant for the purposes of F2paragraph 3(1) of the Schedule is unknown or uncertain, the date to be taken as the relevant date shall be the latest date which, on the evidence available, could have been the relevant date;

(b)

where the relevant percentage disablement is unknown or uncertain this shall be taken as the lowest percentage on the evidence available which could have been the relevant percentage disablement;

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7APayment to personal representativesF1

(1)

Where—

(a)

a claim is made, and

(b)

the person making the claim dies before payment is made,

payment must be made to the person’s personal representatives, subject to the condition in paragraph (2) having been met.

(2)

The condition is that any document that is by law sufficient evidence of the grant of—

(a)

probate of the will of the person,

(b)

letters of administration of the estate of the person, or

(c)

confirmation as executor of the person,

has been provided to the Secretary of State.

8Minimum amount payable to dependantF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

1TableF1F4

This table is for the determination of payments to disabled persons under regulation 3 F2... and for the determination of payments to dependants of deceased sufferers under F3regulation 4.

2F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

(1)

F2In the first column of the table, “age of disabled person” means—

(a)

in relation to the determination of a payment to a disabled person under regulation 3, the person’s age on the date that the claim was received by the Secretary of State;

(b)

in relation to the determination of a payment to a dependant of a deceased sufferer under regulation 4, the age of the deceased sufferer at their date of death.

(1A)

The applicable payment rate is the rate that is in force on the date specified in sub-paragraph (1)(a) or (b), as appropriate.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3Age of

disabled

person

Percentage assessment F4...

10%

or under

£

11%

-20%

£

21%

-30%

£

31%

-40%

£

41%

-50%

£

51%

-60%

£

61%

-70%

£

71%

-80%

£

81%

-90%

£

91%

-100%

£

37 or under49,16187,794103,005105,934108,858111,199113,541115,882118,221120,566
3847,75584,27599,902103,478106,513108,858111,199113,541115,882118,221
3946,35080,76596,802101,017104,180106,208108,858111,199113,541115,882
4044,95177,24993,70098,555101,829104,176106,513108,858111,199113,543
4143,54373,74490,60396,09199,496101,829104,176106,513108,858111,199
4242,12970,23687,49493,64797,15699,496101,829104,176106,513108,858
4340,03466,13184,39591,77195,51998,328100,665103,005105,347107,691
4437,92162,03681,28789,90193,87897,15699,496101,829104,176106,513
4535,81957,94078,18888,02492,24195,97998,328100,665103,005105,347
4633,71253,84875,09186,15490,60394,81797,15699,496101,829104,176
4731,60749,74771,98484,27588,96493,64795,97998,328100,665103,005
4829,79148,10969,53480,53486,15490,36192,70995,05097,38399,733
4927,97646,47067,07376,78883,34687,08489,42791,77194,11396,457
5026,16144,83264,66073,04380,53483,80786,15488,49290,82993,173
5124,34743,19362,15369,29477,72080,53482,89685,21087,55789,901
5222,53241,55259,69665,54974,90877,24979,60281,93984,27586,614
5320,83338,63255,94862,27372,10374,90877,24979,60281,93984,275
5419,13735,70452,20259,00369,29472,57774,90877,24979,60281,939
5517,44632,77948,46455,71666,48470,23672,57774,90877,24979,602
5615,74229,84844,71552,44063,67767,88870,23672,57774,90877,249
5714,04826,91940,97149,16160,87865,55167,88870,23672,57774,908
5812,93124,46636,58444,12354,77859,11361,62864,09066,48568,825
5911,82122,00532,18739,09848,69252,67155,36457,94060,39962,735
6010,71519,54627,80134,06242,61146,23749,09751,79854,31656,656
619,59717,08723,41529,02936,51939,79842,83845,65348,22850,567
628,48614,63219,02023,99230,43433,35936,58439,50942,12944,481
637,90213,22617,08721,45227,07229,96033,00735,81938,39140,735
647,32911,82115,15918,90123,70126,57329,44232,13134,64336,985
656,73110,42013,22616,36320,34323,17525,87028,44630,90433,245
666,1499,01511,29613,81216,97419,78122,29824,75327,15629,498
675,5647,6109,36111,26613,60816,39218,73321,06723,41525,753
685,4107,3689,04210,80413,14315,74217,99820,42722,67624,989
695,2697,1418,72510,32912,67515,10117,27019,78121,95324,224
705,1206,9118,3989,86312,20614,45116,53719,13721,21523,471
714,9766,6698,0779,39111,73413,81215,80718,49520,48922,710
724,8306,4387,7558,92711,26613,17115,06817,84919,74921,953
734,7066,3237,6398,75111,08912,87714,77917,38519,17021,304
744,5946,2037,5198,57710,91912,58214,48716,91718,58120,644
754,4816,0927,4068,39810,73712,29114,19316,44617,99820,012
764,3605,9667,2858,22210,56112,00113,90315,97817,40519,377
77 or over4,2475,8517,1748,04610,38711,70313,60815,51716,82718,733

TABLE 2F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 11th April 1988, 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 (namely pneumoconiosis, bysinnosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease. All such persons should satisfy the conditions of entitlement prescribed in section 2 of the Act.

The Regulations re-enact the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985 (“the 1985 Regulations”) which are revoked. In addition to minor and drafting amendments they make the following changes of substance:—

(a)

The amount of payments laid down by the 1985 Regulations is increased by 8.5% rounded up or down to the nearest £1 as appropriate.

(b)

Regulations 4 and 5 are amended to take account of the changes made to the conditions of entitlement in section 2 of the 1979 Act by the Social Security Act 1986.

(c)

Amendments are made consequential on the changes of title of the Pneumoconiosis Medical Board, the Pneumoconiosis Medical Panel and Insurance Officer.