{
  "url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-regulations-1988/regulation-4",
  "json_url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-regulations-1988/regulation-4.json",
  "legislation": "uksi/1988/668",
  "legislation_title": "The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/pneumoconiosis-etc-workers-compensation-payment-of-claims-regulations-1988",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Payments to dependants of persons disabled by a disease",
  "text": "(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.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(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:—\n(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\n(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.\n(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.\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 4(1) substituted (31.10.2026) by The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(a) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 4(2)-(5) omitted (31.10.2026) by virtue of The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(b) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 4(6)(a) substituted (31.10.2026) by The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(c)(i) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 4(6)(a) substituted (1.4.1989) by The Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 1989 (S.I. 1989/552), regs. 1, 3(2)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 4(6)(a)(i) inserted (1.4.1989) by The Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 1989 (S.I. 1989/552), regs. 1, 3(2)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 4(6)(b) substituted (1.4.2013) by The Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 2013 (S.I. 2013/690), regs. 1(1), 2(6)(a)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 4(6)(b) substituted (31.10.2026) by The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(c)(ii)(aa) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 4(6)(b) substituted (31.10.2026) by The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(c)(ii)(bb) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 4(6)(b) omitted (1.4.2013) by virtue of The Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 2013 (S.I. 2013/690), regs. 1(1), 2(6)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 4(6)(b) omitted (1.4.2013) by virtue of The Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 2013 (S.I. 2013/690), regs. 1(1), 2(6)(c)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 4(7) omitted (31.10.2026) by virtue of The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/1146), regs. 1(1), 5(d) (with reg. 1(2))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/668/regulation/4",
    "retrieved_at": "2026-11-12T03:33:52.118804+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}