Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/358/made/data.htm?wrap=true
Published: 1998-10-13

Statutory Rules of Northern Ireland
1998 No. 358

SOCIAL SECURITY
Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998

Made
13th October 1998

To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974

Coming into operation
29th November 1998

The Department of Economic Development, in exercise of the powers conferred on it by Articles 2(2)(1), 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 29th November 1998.

(2) In these Regulations—

(a)“the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;

(b)“the principal Regulations” means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3).

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on or after 29th November 1998.

(2) For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

(3) In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant) for “£1,852” in each place where it occurs there shall be substituted “£1,943”.

(4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis) for “£3,832” in each place where it occurs there shall be substituted “£4,020”.

Sealed with the Official Seal of the Department of Economic Development on

L.S.
G. I. O'Doherty
Assistant Secretary
13th October 1998.

Regulation 2(2)
SCHEDULE

“SCHEDULE

Regulations 3, 4 and 6
Table 1

(1) Table 1 is for the determination of payments to disabled persons under regulation 3 (or 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, 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.

(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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), his age on the date specified in paragraph (1) of that regulation. With a view to 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.

Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) 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
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
36,863
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

Table 2

(1) Table 2 is for the determination of additional payments under regulation 4(2) to dependants of deceased sufferers who died as a result of the disease and for the determination of payments to dependants under regulation 4(6).

(2) The relevant period is the period specified in regulation 3(2) 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 (Northern Ireland) 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

£
£
3
£
£

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 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) (Northern Ireland) Order 1979 (“the Order”) lump sum payments may be made to certain persons disabled by a disease to which the Order 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 (Northern Ireland) 1988, as amended, so as to increase the amount payable under the Order. 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 Order applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.


(1)
See the definitions of “Department” and “prescribed”. The Department of Economic Development was formerly the Department of Manpower Services: See S.I. 1982/846 (N.I. 11) Article 3

(2)
S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22

(3)
S.R. 1988 No. 242 as amended by S.R. 1989 No. 240, S.R. 1991 No. 120, S.R. 1992 No. 213, S.R. 1993 No. 325, S.R. 1995 No. 338, S.R. 1996 No. 485 and S.R. 1997 No. 409
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