Statutory Instruments
1997 No. 1691
SOCIAL SECURITY
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997
Made
13th July 1997
Laid before Parliament
24th June 1997
Coming into force
1st September 1997
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) Amendment Regulations 1997 and shall come into force on 1st September 1997.
(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) 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 £1,803 there shall be substituted the amount of £1,852;
(c)in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,731 there shall be substituted the amount of £3,832.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th July 1997
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
21,452
38,309
44,949
46,226
47,502
48,523
49,547
50,567
51,589
52,610
38
20,839
36,776
43,595
45,155
46,480
47,502
48,523
49,547
50,567
51,589
39
20,226
35,243
42,242
44,080
45,461
46,480
47,502
48,523
49,547
50,567
40
19,614
33,710
40,889
43,007
44,436
45,461
46,480
47,502
48,523
49,547
41
19,001
32,179
39,535
41,933
43,417
44,436
45,461
46,480
47,502
48,523
42
18,386
30,648
38,181
40,864
42,395
43,417
44,436
45,461
46,480
47,502
43
17,469
28,859
36,827
40,046
41,682
42,906
43,927
44,949
45,970
46,994
44
16,550
27,071
35,473
39,228
40,964
42,395
43,417
44,436
45,461
46,480
45
15,631
25,283
34,120
38,411
40,250
41,884
42,906
43,927
44,949
45,970
46
14,710
23,496
32,768
37,594
39,535
41,373
42,395
43,417
44,436
45,461
47
13,792
21,708
31,413
36,776
38,820
40,864
41,884
42,906
43,927
44,949
48
12,999
20,991
30,341
35,141
37,594
39,430
40,455
41,475
42,495
43,520
49
12,207
20,278
29,268
33,507
36,370
38,001
39,023
40,046
41,068
42,089
50
11,417
19,563
28,216
31,873
35,141
36,571
37,594
38,615
39,636
40,658
51
10,625
18,848
27,121
30,239
33,916
35,141
36,173
37,183
38,207
39,228
52
9,832
18,133
26,051
28,604
32,689
33,710
34,735
35,754
36,776
37,797
53
9,091
16,857
24,415
27,174
31,463
32,689
33,710
34,735
35,754
36,776
54
8,351
15,580
22,780
25,745
30,239
31,669
32,689
33,710
34,735
35,754
55
7,610
14,302
21,147
24,313
29,012
30,648
31,669
32,689
33,710
34,735
56
6,869
13,024
19,512
22,884
27,787
29,625
30,648
31,669
32,689
33,710
57
6,130
11,747
17,878
21,452
26,564
28,604
29,625
30,648
31,669
32,689
58
5,644
10,677
15,963
19,255
23,903
25,795
26,893
27,966
29,012
30,034
59
5,158
9,602
14,046
17,061
21,247
22,985
24,159
25,283
26,357
27,376
60
4,675
8,529
12,131
14,862
18,594
20,177
21,426
22,603
23,702
24,723
61
4,188
7,456
10,216
12,667
15,937
17,367
18,693
19,921
21,045
22,065
62
3,704
6,385
8,300
10,470
13,282
14,557
15,963
17,239
18,386
19,409
63
3,447
5,771
7,456
9,362
11,813
13,075
14,404
15,631
16,753
17,775
64
3,196
5,158
6,614
8,249
10,343
11,595
12,847
14,021
15,118
16,140
65
2,938
4,546
5,771
7,141
8,875
10,113
11,288
12,413
13,486
14,507
66
2,682
3,935
4,929
6,026
7,408
8,632
9,731
10,802
11,851
12,871
67
2,427
3,320
4,085
4,916
5,938
7,152
8,173
9,195
10,216
11,237
68
2,361
3,216
3,946
4,711
5,736
6,869
7,853
8,913
9,895
10,905
69
2,298
3,115
3,806
4,509
5,531
6,590
7,536
8,632
9,580
10,572
70
2,234
3,015
3,664
4,303
5,325
6,307
7,215
8,351
9,258
10,242
71
2,172
2,911
3,525
4,098
5,120
6,026
6,896
8,072
8,940
9,911
72
2,108
2,810
3,384
3,896
4,916
5,747
6,576
7,790
8,618
9,580
73
2,055
2,761
3,333
3,819
4,839
5,618
6,449
7,586
8,364
9,297
74
2,005
2,706
3,282
3,741
4,765
5,490
6,322
7,381
8,110
9,009
75
1,956
2,657
3,232
3,664
4,685
5,363
6,194
7,176
7,853
8,734
76
1,903
2,604
3,178
3,589
4,610
5,238
6,067
6,973
7,597
8,455
77 and over
1,852
2,553
3,129
3,511
4,533
5,108
5,938
6,771
7,342
8,173
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
38,309
52,610
38
36,776
51,589
39
35,243
50,567
40
33,710
49,547
41
32,179
48,523
42
30,648
47,502
43
28,859
46,994
44
27,071
46,480
45
25,283
45,970
46
23,496
45,461
47
21,708
44,949
48
20,991
43,520
49
20,278
42,089
50
19,563
40,658
51
18,848
39,228
52
18,133
37,797
53
16,857
36,776
54
15,580
35,754
55
14,302
34,735
56
13,024
33,710
57
11,747
32,689
58
10,667
30,034
59
9,602
27,376
60
8,529
24,723
61
7,456
22,065
62
6,385
19,409
63
5,771
17,775
64
5,158
16,140
65
4,546
14,507
66
3,935
12,871
67
3,320
11,237
68
3,216
10,905
69
3,115
10,572
70
3,015
10,242
71
2,911
9,911
72
2,810
9,580
73
2,761
9,297
74
2,706
9,009
75
2,657
8,734
76
2,604
8,455
77 and over
2,553
8,173
TABLE 2
(1) Table 2 is for the determination of payments to dependants of deceased suffers 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 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%
40%
50% and over
£
£
£
£
£
37 and under
10,088
19,667
22,474
23,241
23,880
38
9,782
18,798
21,708
22,474
23,291
39
9,477
17,928
20,943
21,708
22,705
40
9,167
17,061
20,177
20,943
22,116
41
8,861
16,193
19,409
20,177
21,529
42
8,557
15,327
18,642
19,409
20,943
43
8,005
14,201
17,954
18,720
20,381
44
7,456
13,075
17,263
18,030
19,813
45
6,909
11,953
16,575
17,341
19,255
46
6,359
10,826
15,826
16,650
18,693
47
5,810
9,703
15,197
15,963
18,133
48
5,390
9,397
14,687
15,427
17,443
49
4,967
9,091
14,173
14,891
16,753
50
4,546
8,785
13,665
14,353
16,064
51
4,125
8,479
13,153
13,817
15,375
52
3,704
8,173
12,643
13,282
14,687
53
3,511
7,456
11,673
12,540
14,122
54
3,320
6,741
10,701
11,800
13,561
55
3,129
6,026
9,731
11,059
12,999
56
2,938
5,312
8,760
10,319
12,436
57
2,744
4,598
7,790
9,580
11,875
58
2,566
4,085
6,679
8,276
10,319
59
2,385
3,575
5,568
6,973
8,760
60
2,209
3,066
4,455
5,670
7,203
61
2,032
2,553
3,346
4,368
5,644
62
1,852
2,044
2,234
3,066
4,085
63
1,852
2,005
2,159
2,821
3,641
64
1,852
1,966
2,080
2,579
3,196
65
1,852
1,929
2,005
2,336
2,744
66
1,852
1,892
1,929
2,094
2,298
67 and over
1,852
1,852
1,852
1,852
1,852
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
19,667
23,880
38
18,798
23,291
39
17,928
22,705
40
17,061
22,116
41
16,193
21,529
42
15,327
20,943
43
14,201
20,381
44
13,075
19,813
45
11,953
19,255
46
10,826
18,693
47
9,703
18,133
48
9,397
17,443
49
9,091
16,753
50
8,785
16,064
51
8,479
15,375
52
8,173
14,687
53
7,456
14,122
54
6,741
13,561
55
6,026
12,999
56
5,312
12,436
57
4,598
11,875
58
4,085
10,319
59
3,575
8,760
60
3,066
7,203
61
2,553
5,644
62
2,044
4,085
63
2,005
3,641
64
1,966
3,196
65
1,929
2,744
66
1,892
2,298
67 or over
1,852
1,852
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
23,880
38
23,291
39
22,705
40
22,116
41
21,529
42
20,943
43
20,381
44
19,813
45
19,255
46
18,693
47
18,133
48
17,443
49
16,753
50
16,064
51
15,375
52
14,687
53
14,122
54
13,561
55
12,999
56
12,436
57
11,875
58
10,319
59
8,760
60
7,203
61
5,644
62
4,085
63
3,641
64
3,196
65
2,744
66
2,298
67 and over
1,852”
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 2.7 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 diffuse pleural thickening) and 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, S.I. 1996/1979.