The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/1691/made/data.htm?wrap=true
Published: 1997-07-13

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.
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