Statutory Instruments
1996 No. 1979

SOCIAL SECURITY
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1996

Made
26th July 1996

Coming into force
1st August 1996

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(1) 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:—

Citation, commencement and application

1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1996 and shall come into force on 1st August 1996.

(2) 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.

Amendment of the principal Regulations

2.  In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1988(2) —

(a)for the Schedule to those Regulations there shall be substituted the Schedule to these Regulations;

(b)in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount of £1,766 there shall be substituted the amount of £1,803;

(c)in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,654 there shall be substituted the amount of £3,731.

Signed by authority of the Secretary of State.

Paul Beresford
Parliamentary Under Secretart of State,
Department of the Environment
26th July 1996

Regulation 2
SCHEDULE

Regulations 3, 4, 5 and 6
“SCHEDULE

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 Apayments 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
20,888
37,302
43,767
45,011
46,253
47,248
48,244
49,238
50,233
51,227

38
20,291
35,810
42,449
43,968
45,258
46,253
47,248
48,244
49,238
50,233

39
19,694
34,317
41,131
42,921
44,265
45,258
46,253
47,248
48,244
49,238

40
19,099
32,824
39,814
41,876
43,268
44,265
45,258
46,253
47,248
48,244

41
18,502
31,333
38,496
40,831
42,276
43,268
44,265
45,258
46,253
47,248

42
17,902
29,842
37,178
39,789
41,280
42,276
43,268
44,265
45,258
46,253

43
17,010
28,100
35,859
38,993
40,586
41,778
42,772
43,767
44,762
45,758

44
16,114
26,359
34,540
38,197
39,887
41,280
42,276
43,268
44,265
45,258

45
15,220
24,618
33,223
37,401
39,192
40,783
41,778
42,772
43,767
44,762

46
14,324
22,879
31,906
36,606
38,496
40,286
41,280
42,276
43,268
44,265

47
13,429
21,138
30,587
35,810
37,799
39,789
40,783
41,778
42,772
43,767

48
12,657
20,439
29,544
34,217
36,606
38,394
39,391
40,385
41,378
42,376

49
11,886
19,745
28,498
32,626
35,413
37,002
37,998
38,993
39,988
40,983

50
11,117
19,049
27,474
31,035
34,217
35,609
36,606
37,599
38,594
39,589

51
10,346
18,352
26,408
29,444
33,024
34,217
35,222
36,206
37,202
38,197

52
9,574
17,656
25,366
27,852
31,830
32,824
33,822
34,814
35,810
36,803

53
8,852
16,414
23,773
26,459
30,636
31,830
32,824
33,822
34,814
35,810

54
8,131
15,170
22,181
25,069
29,444
30,836
31,830
32,824
33,822
34,814

55
7,410
13,926
20,592
23,674
28,249
29,842
30,836
31,830
32,824
33,822

56
6,689
12,682
18,999
22,282
27,057
28,846
29,842
30,836
31,830
32,824

57
5,969
11,438
17,408
20,888
25,866
27,852
28,846
29,842
30,836
31,830

58
5,496
10,396
15,544
18,749
23,275
25,117
26,186
27,231
28,249
29,245

59
5,022
9,349
13,676
16,613
20,689
22,380
23,524
24,618
25,664
26,656

60
4,552
8,305
11,812
14,472
18,105
19,646
20,863
22,009
23,079
24,073

61
4,078
7,260
9,948
12,334
15,518
16,911
18,201
19,397
20,491
21,485

62
3,606
6,217
8,082
10,195
12,933
14,175
15,544
16,786
17,902
18,899

63
3,356
5,620
7,260
9,115
11,503
12,731
14,025
15,220
16,313
17,308

64
3,112
5,022
6,440
8,032
10,071
11,290
12,509
13,653
14,721
15,715

65
2,861
4,426
5,620
6,953
8,642
9,848
10,991
12,087
13,131
14,126

66
2,612
3,832
4,800
5,868
7,213
8,405
9,475
10,518
11,539
12,533

67
2,364
3,232
3,978
4,786
5,782
6,964
7,958
8,953
9,948
10,942

68
2,299
3,131
3,842
4,587
5,585
6,689
7,646
8,679
9,635
10,618

69
2,238
3,033
3,706
4,390
5,386
6,417
7,338
8,405
9,328
10,294

70
2,176
2,935
3,567
4,190
5,185
6,141
7,026
8,131
9,014
9,973

71
2,114
2,834
3,433
3,990
4,986
5,868
6,715
7,860
8,705
9,650

72
2,052
2,736
3,295
3,794
4,786
5,596
6,403
7,585
8,392
9,328

73
2,001
2,688
3,246
3,718
4,712
5,471
6,279
7,387
8,145
9,052

74
1,952
2,635
3,196
3,643
4,639
5,346
6,156
7,187
7,896
8,772

75
1,904
2,587
3,147
3,567
4,562
5,222
6,031
6,988
7,646
8,504

76
1,853
2,535
3,095
3,495
4,488
5,100
5,908
6,790
7,397
8,232

77 and over
1,803
2,486
3,047
3,418
4,414
4,973
5,782
6,593
7,149
7,958

PART Bpayments 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
37,302
51,227

38
35,810
50,233

39
34,317
49,238

40
32,824
48,244

41
31,333
47,248

42
29,842
46,253

43
28,100
45,758

44
26,359
45,258

45
24,618
44,762

46
22,879
44,265

47
21,138
43,767

48
20,439
42,376

49
19,745
40,983

50
19,049
39,589

51
18,352
38,197

52
17,656
36,803

53
16,414
35,810

54
15,170
34,814

55
13,926
33,822

56
12,682
32,824

57
11,438
31,830

58
10,396
29,245

59
9,349
26,656

60
8,305
24,073

61
7,260
21,485

62
6,217
18,899

63
5,620
17,308

64
5,022
15,715

65
4,426
14,126

66
3,832
12,533

67
3,232
10,942

68
3,131
10,618

69
3,033
10,294

70
2,935
9,973

71
2,834
9,650

72
2,736
9,328

73
2,688
9,052

74
2,635
8,772

75
2,587
8,504

76
2,535
8,232

77 and over
2,486
7,958

TABLE 2

(1) Table 2 is for the determination of payments to dependants of deceased sufferers 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 Apayments 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 this 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
9,823
19,150
21,883
22,630
23,252

38
9,525
18,303
21,138
21,883
22,678

39
9,228
17,457
20,392
21,138
22,108

40
8,926
16,613
19,646
20,392
21,535

41
8,628
15,767
18,899
19,646
20,963

42
8,332
14,924
18,152
18,899
20,392

43
7,794
13,827
17,482
18,228
19,845

44
7,260
12,731
16,809
17,556
19,292

45
6,727
11,638
16,139
16,885
18,749

46
6,191
10,542
15,410
16,212
18,201

47
5,657
9,448
14,797
15,544
17,656

48
5,248
9,150
14,301
15,021
16,984

49
4,836
8,852
13,801
14,499
16,313

50
4,426
8,554
13,306
13,975
15,642

51
4,017
8,256
12,807
13,454
14,971

52
3,606
7,958
12,310
12,933
14,301

53
3,418
7,260
11,366
12,210
13,751

54
3,232
6,564
10,419
11,489
13,205

55
3,047
5,868
9,475
10,768
12,657

56
2,861
5,172
8,529
10,048
12,109

57
2,672
4,477
7,585
9,328
11,563

58
2,498
3,978
6,504
8,059
10,048

59
2,323
3,481
5,422
6,790
8,529

60
2,151
2,985
4,338
5,521
7,013

61
1,979
2,486
3,258
4,253
5,496

62
1,803
1,990
2,176
2,985
3,978

63
1,803
1,952
2,102
2,746
3,545

64
1,803
1,914
2,026
2,512
3,112

65
1,803
1,879
1,952
2,275
2,672

66
1,803
1,842
1,879
2,039
2,238

67 and over
1,803
1,803
1,803
1,803
1,803

PART Bpayments 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
19,150
23,252

38
18,303
22,678

39
17,457
22,108

40
16,613
21,535

41
15,767
20,963

42
14,924
20,392

43
13,827
19,845

44
12,731
19,292

45
11,638
18,749

46
10,542
18,201

47
9,448
17,656

48
9,150
16,984

49
8,852
16,313

50
8,554
15,642

51
8,256
14,971

52
7,958
14,301

53
7,260
13,751

54
6,564
13,205

55
5,868
12,657

56
5,172
12,109

57
4,477
11,563

58
3,978
10,048

59
3,481
8,529

60
2,985
7,013

61
2,486
5,496

62
1,990
3,978

63
1,952
3,545

64
1,914
3,112

65
1,879
2,672

66
1,842
2,238

67 and over
1,803
1,803

PART Cpayments 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
23,252

38
22,678

39
22,108

40
21,535

41
20,963

42
20,392

43
19,845

44
19,292

45
18,749

46
18,201

47
17,656

48
16,984

49
16,313

50
15,642

51
14,971

52
14,301

53
13,751

54
13,205

55
12,657

56
12,109

57
11,563

58
10,048

59
8,529

60
7,013

61
5,496

62
3,978

63
3,545

64
3,112

65
2,672

66
2,238

67 and over
1,803”

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 2.1 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 bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening.


(1)
1979 c. 41; section 1 of the Act was amended by section 24 of the Social Security Act 1985 (c. 53).

(2)
S.I. 1988/668, as amended by S.I. 1989/552, 1990/825, 1991/899, 1992/403, 1993/1158, 1995/1514.