Statutory Instruments
1995 No. 1514

SOCIAL SECURITY
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1995

Made
12th June 1995

Coming into force
1st July 1995

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) (“the Act”) 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 1995 and shall come into force on 1st July 1995.

(2) These Regulations apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date on which they come into force.

Interpretation

2.  In these Regulations the “principal Regulations” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988(2) .

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended in accordance with the following provisions of this Regulation.

(2) (a) the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
(b)the amount of £1,766 shall be substituted for the amount of £1,728 in regulations 5(1) and 8 of those Regulations, and the amount of £3,654 shall be substituted for the amount of £3,575 in regulation 6(1) of those Regulations.

Signed by order of the Secretary os State.

Ann Widdecombe,
Minister of State,
Department of Employment
12th June 1995

Regulations 3, 4, 5 and 6
SCHEDULE

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 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.

(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 (Payment where pneumoconiosis is accompanied by tuberculosis) is age on the date specified in paragraph (1) of that regulation. With a view to determining the amount payable to a dependent 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%
40%
50%
60%
70%
80%
90%
100%

£
£
£
£
£
£
£
£
£
£

37 and under
20,458
36,535
42,867
44,085
45,302
46,276
47,252
48,255
49,200
50,173

38
19,874
35,073
41,576
43,064
44,327
45,302
46,276
47,252
48,255
49,200

39
19,289
33,611
40,285
42,038
43,355
44,327
45,302
46,276
47,252
48,225

40
18,706
32,149
38,995
41,015
42,378
43,355
44,327
45,302
46,276
47,252

41
18,121
30,689
37,704
39,991
41,406
42,378
43,355
44,327
45,302
46,276

42
17,534
29,228
36,413
38,971
40,431
41,406
42,378
43,355
44,327
45,302

43
16,660
27,522
35,121
38,191
39,751
40,919
41,892
42,867
43,841
44,817

44
15,783
25,817
33,830
37,411
39,067
40,431
41,406
42,378
43,355
44,327

45
14,907
24,112
32,540
36,632
38,386
39,944
40,919
41,892
42,867
43,841

46
14,029
22,408
31,250
35,853
37,704
39,457
40,431
41,406
42,378
43,355

47
13,153
20,703
29,958
35,073
37,022
38,971
39,944
40,919
41,892
42,867

48
12,397
20,019
28,936
33,513
35,853
37,604
38,581
39,554
40,527
41,504

49
11,642
19,339
27,912
31,955
34,685
36,241
37,216
38,191
39,166
40,140

50
10,888
18,657
26,909
30,397
33,513
34,877
35,853
36,826
37,800
38,775

51
10,133
17,975
25,865
28,838
32,345
33,513
34,498
35,461
36,437
37,411

52
9,377
17,293
24,844
27,279
31,175
32,149
33,126
34,098
35,073
36,046

53
8,670
16,076
23,284
25,915
30,006
31,175
32,149
33,126
34,098
35,073

54
7,964
14,858
21,725
24,553
28,838
30,202
31,175
32,149
33,126
34,098

55
7,258
13,640
20,168
23,187
27,668
29,228
30,202
31,175
32,149
33,126

56
6,551
12,421
18,608
21,824
26,500
28,253
29,228
30,202
31,175
32,149

57
5,846
11,203
17,050
20,458
25,334
27,279
28,253
29,228
30,202
31,175

58
5,383
10,182
15,224
18,363
22,796
24,600
25,647
26,671
27,668
28,643

59
4,919
9,157
13,395
16,271
20,263
21,920
23,040
24,112
25,136
26,108

60
4,458
8,134
11,569
14,174
17,733
19,242
20,434
21,556
22,604
23,578

61
3,994
7,111
9,743
9,743
12,080
15,199
16,563
17,827
18,998
20,070
21,043

62
3,532
6,089
7,916
9,985
12,667
13,883
15,224
16,441
17,534
18,510

63
3,287
5,504
7,111
8,928
11,266
12,469
13,737
14,907
15,977
16,952

64
3,048
4,919
6,308
7,867
9,864
11,058
12,252
13,372
14,418
15,392

65
2,802
4,335
5,504
6,810
8,464
9,645
10,765
11,838
12,861
13,835

66
2,558
3,753
4,701
5,747
7,065
8,232
9,280
10,302
11,302
12,275

67
2,315
3,166
3,896
4,688
5,663
6,821
7,794
8,769
9,743
10,717

68
2,252
3,067
3,763
4,493
5,470
6,551
7,489
8,500
9,437
10,400

69
2,192
2,971
3,630
4,300
5,275
6,285
7,187
8,232
9,136
10,082

70
2,131
2,875
3,494
4,104
5,078
6,015
6,881
7,964
8,829
9,768

71
2,071
2,776
3,362
3,908
4,883
5,747
6,577
7,698
8,526
9,452

72
2,010
2,680
3,227
3,716
4,688
5,481
6,271
7,429
8,219
9,136

73
1,960
2,633
3,179
3,642
4,615
5,358
6,150
7,235
7,977
8,866

74
1,192
2,581
3,130
3,568
4,544
5,236
6,029
7,039
7,734
8,592

75
1,865
2,534
3,082
3,494
4,468
5,115
5,907
6,844
7,489
8,329

76
1,815
2,483
3,031
3,423
4,396
4,995
5,786
6,650
7,245
8,063

77 and over
1,766
2,435
2,984
3,348
4,323
4,871
5,663
6,457
7,002
7,794

PART Bpayments to disabled persons to whom is payable an allowance under a scheme made or having effect as is 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
36,535
50,173

38
35,073
49,200

39
33,611
48,225

40
32,149
47,252

41
30,689
46,276

42
29,228
45,302

43
27,522
44,817

44
25,817
44,327

45
24,112
43,841

46
22,408
43,355

47
20,703
42,867

48
20,019
41,504

49
19,339
40,140

50
18,657
38,775

51
17,975
37,411

52
17,293
36,046

53
16,076
35,073

54
14,858
34,098

55
13,640
33,126

56
12,421
32,149

57
11,203
31,175

58
10,182
28,643

59
9,157
26,108

60
8,134
23,578

61
7,111
21,043

62
6,089
18,510

63
5,504
16,952

64
4,919
15,392

65
4,335
13,835

66
3,753
12,275

67
3,166
10,717

68
3,067
10,400

69
2,971
10,082

70
2,875
9,768

71
2,776
9,452

72
2,680
9,136
73
2,633
8,866

74
2,581
8,592

75
2,534
8,329

76
2,483
8,063

77 and over
2,435
7,794

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) of 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 then 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
9,621
18,756
21,433
22,165
22,774

38
9,329
17,927
20,703
21,433
22,212

39
9,038
17,098
19,973
20,703
21,653

40
8,742
16,271
19,242
19,973
21,092

41
8,451
15,443
18,510
19,242
20,532

42
8,161
14,617
17,779
18,510
19,973

43
7,634
13,543
17,122
17,853
19,437

44
7,111
12,469
16,463
17,195
18,895

45
6,589
11,399
15,807
16,538
18,363

46
6,064
10,325
15,093
15,879
17,827

47
5,541
9,254
14,493
15,224
17,293

48
5,140
8,962
14,007
14,712
16,635

49
4,737
8,670
13,517
14,201
15,977

50
4,335
8,378
13,032
13,688
15,320

51
3,934
8,086
12,544
13,177
14,663

52
3,532
7,794
12,057
12,667
14,007

53
3,348
7,111
11,132
11,959
13,468

54
3,166
6,429
10,205
11,253
12,933

55
2,984
5,747
9,280
10,547
12,397

56
2,802
5,066
8,354
9,841
11,860

57
2,617
4,385
7,429
9,136
11,325

58
2,447
3,896
6,370
7,893
9,841

59
2,275
3,409
5,310
6,650
8,354

60
2,107
2,924
4,249
5,407
6,869

61
1,938
2,435
3,191
4,166
5,383

62
1,766
1,949
2,131
2,924
3,896

63
1,766
1,912
2,059
2,690
3,472

64
1,766
1,875
1,984
2,460
3,048

65
1,766
1,840
1,912
2,228
2,617

66
1,766
1,804
1,840
1,997
2,192

67 and over
1,766
1,766
1,766
1,766
1,766

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 benefit 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 then diffuse mesothelioma.

Age of disabled person at his last birthday preceding death
Extent of incapacity for the relevant period

Partial
Total

£
£

37 and under
18,756
22,774

38
17,927
22,212
39
17,098
21,653

40
16,271
21,092

41
15,443
20,532

42
14,617
19,973

43
13,543
19,437

44
12,469
18,895

45
11,399
18,363

46
10,.325
17,.827

47
9,254
17,293

48
8,962
16,635

49
8,670
15,977

50
8,378
15,320

51
8,086
14,663

52
7,794
14,007

53
7,111
13,468

54
6,439
12,933

55
5,747
12,397

56
5,066
11,860

57
4,385
11,325

58
3,896
9,841

59
3,409
8.354

60
2,924
6,869

61
2,435
5,383

62
1,949
3,896

63
1,912
3,472

64
1,875
3,048

65
1.840
2,617

66
1,804
2,192

67 and over
1,766
1,766

PART Cpayment 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
22,774

38
22,212

39
21,653

40
21,092

41
20,532

42
19,973

43
19,.437

44
18,895

45
18,363

46
17,827

47
17,293

48
16,635

49
15,977

50
15,320

51
14,663

52
14,007

53
13,468

54
12,933

55
12,397

56
11,860

57
11,325

58
9,841

59
8,354

60
6,869

61
5,383

62
3,896

63
3,472

64
3,048

65
2,617

66
2,192

67 and over
1,766

Explanatory Note

(This note is not part of the Regulations)
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (“the 1988 Regulations”), as amended by the Pneumoconiosis etc. (Workers' Compensation). (Payment of Claims) (Amendment) Regulations 1989, the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1990, the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1991, the Pneumoconiosis etc. (Workers Compensation) (Payment of Claims) (Amendment) Regulations 1992 and the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment( Regulations 1993 prescribe the amount of payments to be made under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security act 1985 and the Social Security Act 1986, to persons disabled by a disease to which the Act applied, or to dependants of persons who immediately before they died were disabled by such a disease. The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse thickening) and bilateral diffuse pleural thickening.
These Regulations further amend the 1988 Regulations by increasing the amount of payments in any case in which a person first becomes entitled to a payment on or after the date when these Regulations come into force. The increase in each case is 2.2 per cent. rounded up or down to the nearest £1 as appropriate.


(1)
1979 c. 41; sections 1 and 4 of the Act were amended by section 24 of the Social Security Act 1985 (c. 53) and section 2 was amended by section 39 of and Schedule 3 to the Social Security Act 1986 (c. 50).

(2)
S.I. 1988/668, as amended by S.I. 1989/552, 1990/825, 1991/988, 1992/403, 1993/1158.