The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998

Link to law: http://www.legislation.gov.uk/uksi/1998/1840/made/data.htm?wrap=true
Published: 1998-07-25

Statutory Instruments
1998 No. 1840

SOCIAL SECURITY
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998

Made
25th July 1998

Coming into force
1st September 1998

The Secretary of State, in exercise of the powers conferred on him by sections 1(1), (2) and (4) 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 1998 and shall come into force on 1st September 1998.

(2) These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.

Amendment of the 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 set out in the Schedule to these Regulations;

(b)
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,852 there shall be substituted the amount £1,943;

(c)
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £3,832 (in both places) there shall be substituted the amount £4,020.

Signed by authority of the Secretary of State

Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th July 1998

Regulation 2(a)
SCHEDULE

Regulations 3, 4, 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 period specified in regulation 6(1)(b).

(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 regulation 6(1)(b). 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 deducted 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% £
31%– 40% £
41%– 50% £
51%– 60% £
61%– 70% £
71%– 80% £
81%– 90% £
91%– 100% £

37 and under
22,503
40,187
47,151
48,491
49,830
50,901
51,975
53,045
54,117
55,188

38
21,860
38,578
45,731
47,368
48,757
49,830
50,901
51,975
53,045
54,117

39
21,217
36,970
44,311
46,240
47,688
48,757
49,830
50,901
51,975
53,045

40
20,576
35,362
42,892
45,114
46,614
47,688
48,757
49,830
50,901
51,975

41
19,932
33,756
41,472
43,988
45,544
46,614
47,688
48,757
49,830
50,901

42
19,286
32,149
40,052
42,866
44,472
45,544
46,614
47,688
48,757
49,830

43
18,325
30,273
38,631
42,008
43,724
45,009
46,079
47,151
48,223
49,296

44
17,360
28,397
37,211
41,150
42,972
44,472
45,544
46,614
47.688
48,757

45
16,397
26,522
35,792
40,293
42,223
43,936
45,009
46,079
47,151
48,223

46
15,431
24,648
34,373
39,436
41,472
43,401
44,472
45,544
46,614
47,688

47
14,468
22,772
32,952
38,578
40,722
42,866
43,936
45,009
46,079
47,151

48
13,636
22,020
31,828
36,863
39,436
41,362
42,437
43,507
44,578
45,652

49
12,806
21,272
30,702
35,149
38,152
39,863
40,936
42,008
43,081
44,152

50
11,976
20,522
29,598
33,435
36,863
38,363
39,436
40,507
41,578
42,650

51
11,146
19,772
28,450
31,720
35,578
36,863
37,946
39,005
40,079
41,150

52
10,314
19,021
27,327
30,005
34,291
35,362
36,437
37,506
38,578
39,649

53
9,537
17,683
25,611
28,505
33,005
34,291
35,362
36,437
37,506
38,578

54
8,760
16,343
23,896
27,007
31,720
33,221
34,291
35,362
36,437
37,506

55
7,983
15,003
22,184
25,504
30,433
32,149
33,221
34,291
35,362
36,437

56
7,206
13,662
20,468
24,005
29,149
31,077
32,149
33,221
34,291
35,362

57
6,430
12,323
18,754
22,503
27,866
30,006
31,077
32,149
33,221
34,291

58
5,921
11,200
16,746
20,198
25,074
27,059
28,210
29,337
30,433
31,506

59
5,411
10,072
14,734
17,897
22,288
24,111
25,343
26,522
27,648
28,717

60
4,904
8,947
12,725
15,591
19,505
21,165
22,476
23,710
24,863
25,935

61
4,393
7,822
10,717
13,287
16,718
18,218
19,609
20,897
22,076
23,146

62
3,885
6,698
8,707
10,983
13,933
15,271
16,746
18,084
19,286
20,360

63
3,616
6,054
7,822
9,820
12,392
13,715
15,110
16,397
17,574
18,646

64
3,353
5,411
6,938
8,653
10,850
12,163
13,477
14,708
15,859
16,930

65
3,082
4,768
6,054
7,491
9,310
10,609
11,841
13,021
14,146
15,218

66
2,814
4,128
5,171
6,321
7,771
9,055
10,208
11,332
12,432
13,502

67
2,546
3,482
4,285
5,157
6,229
7,503
8,573
9,645
10,717
11,788

68
2,477
3,374
4,139
4,942
6,017
7,206
8,238
9,350
10,380
11,439

69
2,411
3,268
3,993
4,730
5,802
6,913
7,905
9,055
10,049
11,090

70
2,344
3,162
3,843
4,514
5,586
6,616
7,569
8,760
9,711
10,744

71
2,278
3,053
3,698
4,299
5,371
6,321
7,234
8,467
9,378
10,397

72
2,211
2,948
3,550
4,087
5,157
6,029
6,898
8,172
9,040
10,049

73
2,156
2,896
3,497
4,006
5,076
5,894
6,765
7,958
8,774
9,752

74
2,103
2,839
3,443
3,925
4,998
5,759
6,632
7,743
8,507
9,451

75
2,051
2,787
3,390
3,843
4,915
5,626
6,497
7,528
8,238
9,161

76
1,996
2,731
3,334
3,765
4,835
5,494
6,364
7,315
7,969
8,869

77 and over
1,943
2,678
3,282
3,683
4,755
5,358
6,229
7,102
7,702
8,573

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
40,187
55,188

38
38,578
54,117

39
36,970
53,045

40
35,362
51,975

41
33,756
50,901

42
32,149
49,830

43
30,273
49,296

44
28,397
48,757

45
26,522
48,223

46
24,648
47,688

47
22,772
47,151

48
22,020
45,652

49
21,272
44,152

50
20,522
42,650

51
19,772
41,150

52
19,021
39,649

53
17,683
38,578

54
16,343
37,506

55
15,003
36,437

56
13,662
35,362

57
12,323
34,291

58
11,200
31,506

59
10,072
28,717

60
8,947
25,935

61
7,822
23,146

62
6,698
20,360

63
6,054
18,646

64
5,411
16,930

65
4,768
15,218

66
4,128
13,502

67
3,482
11,788

68
3,374
11,439

69
3,268
11,090

70
3,162
10,744

71
3,053
10,397

72
2,948
10,049

73
2,896
9,752

74
2,839
9,451

75
2,787
9,161

76
2,731
8,869

77 and over
2,678
8,573

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(b).

(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 regulation 6(1)(b).

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
Percentage assessment for the relevant period

preceding death
10% or less £
11%–20% £
21%–30% £
31%–49% £
50% and over £

37 and under
10,582
20,631
23,575
24,380
25,050

38
10,261
19,719
22,772
23,575
24,432

39
9,941
18,807
21,969
22,772
23,817

40
9,616
17,897
21,165
21,969
23,200

41
9,296
16,986
20,360
21,165
22,584

42
8,977
16,078
19,556
20,360
21,969

43
8,397
14,897
18,833
19,637
21,380

44
7,822
13,715
18,108
18,914
20,783

45
7,248
12,538
17,387
18,191
20,198

46
6,670
11,357
16,601
17,466
19,609

47
6,095
10,179
15,942
16,746
19,021

48
5,654
9,858
15,407
16,182
18,298

49
5,210
9,537
14,868
15,620
17,574

50
4,768
9,215
14,335
15,056
16,851

51
4,327
8,894
13,798
14,494
16,129

52
3,885
8,573
13,262
13,933
15,407

53
3,683
7,822
12,245
13,154
14,814

54
3,482
7,072
11,225
12,378
14,226

55
3,282
6,321
10,208
11,601
13,636

56
3,082
5,572
9,189
10,825
13,045

57
2,879
4,823
8,172
10,049
12,457

58
2,692
4,285
7,007
8,682
10,825

59
2,502
3,750
5,841
7,315
9,189

60
2,318
3,216
4,674
5,947
7,556

61
2,132
2,678
3,510
4,582
5,921

62
1,943
2,144
2,344
3,216
4,285

63
1,943
2,103
2,265
2,959
3,819

64
1,943
2,062
2,182
2,706
3,353

65
1,943
2,024
2,103
2,451
2,879

66
1,943
1,984
2,024
2,197
2,411

67 and over
1,943
1,943
1,943
1,943
1,943

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 and under
20,631
25,050

38
19,719
24,432

39
18,807
23,817

40
17,897
23,200

41
16,986
22,584

42
16,078
21,969

43
14,897
21,380

44
13,715
20,783

45
12,538
20,198

46
11,357
19,609

47
10,179
19,021

48
9,858
18,298

49
9,537
17,574

50
9,215
16,851

51
8,894
16,129

52
8,573
15,407

53
7,822
14,814

54
7,072
14,226

55
6,321
13,636

56
5,572
13,045

57
4,823
12,457

58
4,285
10,825

59
3,750
9,189

60
3,216
7,556

61
2,678
5,921

62
2,144
4,285

63
2,103
3,819

64
2,062
3,353

65
2,024
2,879

66
1,984
2,411

67 and over
1,943
1,943

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
25,050

38
24,432

39
23,817

40
23,200

41
22,584

42
21,969

43
21,380

44
20,783

45
20,198

46
19,609

47
19,021

48
18,298

49
17,574

50
16,851

51
16,129

52
15,407

53
14,814

54
14,226

55
13,636

56
13,045

57
12,457

58
10,825

59
9,189

60
7,556

61
5,921

62
4,285

63
3,819

64
3,353

65
2,879

66
2,411

67 and over
1,943”

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 4.9 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, 1996/1979 and 1997/1691.
Read Entire Law on www.legislation.gov.uk