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

S.I. 1988/668 · made 30 March 1988

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.

Made under: Pneumoconiosis etc. (Workers’ Compensation) Act 1979

PDFs: Printed copy https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-regulations-1988/pdf/uksi_19880668_en.pdf

## Introductory text

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 1979 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:—

## 1 Citation, 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 1985 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.

## 2 Interpretation

(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 1975 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 1985;
(e) “determination” means a determination made by the Secretary of State in connection with a claim for disablement benefit;
(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);
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.

## 3 Payments 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 the table in the Schedule.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.

## 4 Payments 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 in accordance with the table in the Schedule.
(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 the table in the Schedule in cases where:—
(i) death benefit is payable to or in respect of the said dependant by 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 for the purposes of the table in the Schedule shall be that determined by a medical 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 ... shall be taken as 10 per cent. ... and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 5 Payment where death results from diffuse mesothelioma

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

## 6 Payment where pneumoconiosis is accompanied by tuberculosis

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

## 7 Power 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 paragraph 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 paragraph 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;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 7A Payment to personal representatives

(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.

## 8 Minimum amount payable to dependant

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

## Signature

Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment

## 1 Table

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

## 2 

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

## 3 

(1) In 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.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 4 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Age of
disabled
person
Percentage assessment ...
10%
or under
£
11%
-20%
£
21%
-30%
£
31%
-40%
£
41%
-50%
£
51%
-60%
£
61%
-70%
£
71%
-80%
£
81%
-90%
£
91%
-100%
£
37 or under
49,161
87,794
103,005
105,934
108,858
111,199
113,541
115,882
118,221
120,566
38
47,755
84,275
99,902
103,478
106,513
108,858
111,199
113,541
115,882
118,221
39
46,350
80,765
96,802
101,017
104,180
106,208
108,858
111,199
113,541
115,882
40
44,951
77,249
93,700
98,555
101,829
104,176
106,513
108,858
111,199
113,543
41
43,543
73,744
90,603
96,091
99,496
101,829
104,176
106,513
108,858
111,199
42
42,129
70,236
87,494
93,647
97,156
99,496
101,829
104,176
106,513
108,858
43
40,034
66,131
84,395
91,771
95,519
98,328
100,665
103,005
105,347
107,691
44
37,921
62,036
81,287
89,901
93,878
97,156
99,496
101,829
104,176
106,513
45
35,819
57,940
78,188
88,024
92,241
95,979
98,328
100,665
103,005
105,347
46
33,712
53,848
75,091
86,154
90,603
94,817
97,156
99,496
101,829
104,176
47
31,607
49,747
71,984
84,275
88,964
93,647
95,979
98,328
100,665
103,005
48
29,791
48,109
69,534
80,534
86,154
90,361
92,709
95,050
97,383
99,733
49
27,976
46,470
67,073
76,788
83,346
87,084
89,427
91,771
94,113
96,457
50
26,161
44,832
64,660
73,043
80,534
83,807
86,154
88,492
90,829
93,173
51
24,347
43,193
62,153
69,294
77,720
80,534
82,896
85,210
87,557
89,901
52
22,532
41,552
59,696
65,549
74,908
77,249
79,602
81,939
84,275
86,614
53
20,833
38,632
55,948
62,273
72,103
74,908
77,249
79,602
81,939
84,275
54
19,137
35,704
52,202
59,003
69,294
72,577
74,908
77,249
79,602
81,939
55
17,446
32,779
48,464
55,716
66,484
70,236
72,577
74,908
77,249
79,602
56
15,742
29,848
44,715
52,440
63,677
67,888
70,236
72,577
74,908
77,249
57
14,048
26,919
40,971
49,161
60,878
65,551
67,888
70,236
72,577
74,908
58
12,931
24,466
36,584
44,123
54,778
59,113
61,628
64,090
66,485
68,825
59
11,821
22,005
32,187
39,098
48,692
52,671
55,364
57,940
60,399
62,735
60
10,715
19,546
27,801
34,062
42,611
46,237
49,097
51,798
54,316
56,656
61
9,597
17,087
23,415
29,029
36,519
39,798
42,838
45,653
48,228
50,567
62
8,486
14,632
19,020
23,992
30,434
33,359
36,584
39,509
42,129
44,481
63
7,902
13,226
17,087
21,452
27,072
29,960
33,007
35,819
38,391
40,735
64
7,329
11,821
15,159
18,901
23,701
26,573
29,442
32,131
34,643
36,985
65
6,731
10,420
13,226
16,363
20,343
23,175
25,870
28,446
30,904
33,245
66
6,149
9,015
11,296
13,812
16,974
19,781
22,298
24,753
27,156
29,498
67
5,564
7,610
9,361
11,266
13,608
16,392
18,733
21,067
23,415
25,753
68
5,410
7,368
9,042
10,804
13,143
15,742
17,998
20,427
22,676
24,989
69
5,269
7,141
8,725
10,329
12,675
15,101
17,270
19,781
21,953
24,224
70
5,120
6,911
8,398
9,863
12,206
14,451
16,537
19,137
21,215
23,471
71
4,976
6,669
8,077
9,391
11,734
13,812
15,807
18,495
20,489
22,710
72
4,830
6,438
7,755
8,927
11,266
13,171
15,068
17,849
19,749
21,953
73
4,706
6,323
7,639
8,751
11,089
12,877
14,779
17,385
19,170
21,304
74
4,594
6,203
7,519
8,577
10,919
12,582
14,487
16,917
18,581
20,644
75
4,481
6,092
7,406
8,398
10,737
12,291
14,193
16,446
17,998
20,012
76
4,360
5,966
7,285
8,222
10,561
12,001
13,903
15,978
17,405
19,377
77 or over
4,247
5,851
7,174
8,046
10,387
11,703
13,608
15,517
16,827
18,733

## TABLE 2

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

## 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.

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Source: https://www.legislation.gov.uk/uksi/1988/668 (the official version)
Page: https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-regulations-1988
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.