2005 No. 59

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005

Made

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation

The Department for Employment and Learning, in exercise of the powers conferred by Articles 2(2)1, 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 19792 and now vested in it3 and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 10th April 2005.

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) 19884.

Amendment of the principal Regulations2

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 the day on which these Regulations come into operation.

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 “£2,180” (in each place where it occurs) there shall be substituted “£2,248”.

4

In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for “£4,509” (in each place where it occurs) there shall be substituted “£4,649”.

Sealed with the Official Seal of the Department for Employment and Learning on 1st March 2005.

T. DevineA senior officer of theDepartment for Employment and Learning

SCHEDULE

Regulation 2(2)

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), regulation 6(1). 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.

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

Percentage assessment for the relevant period

Age of disabled person

10% or less

11%–20%

21%–30%

31%–40%

41%–50%

51%–60%

61%–70%

71%–80%

81%–90%

91%–100%

£

£

£

£

£

£

£

£

£

£

37 and under

26,018

46,463

54,515

56,064

57,612

58,851

60,091

61,329

62,568

63,808

38

25,274

44,602

52,872

54,765

56,371

57,612

58,851

60,091

61,329

62,568

39

24,530

42,743

51,231

53,461

55,135

56,371

57,612

58,851

60,091

61,329

40

23,788

40,884

49,590

52,159

53,893

55,135

56,371

57,612

58,851

60,091

41

23,044

39,027

47,949

50,857

52,657

53,893

55,135

56,371

57,612

58,851

42

22,297

37,170

46,306

49,561

51,417

52,657

53,893

55,135

56,371

57,612

43

21,187

35,000

44,665

48,567

50,552

52,038

53,275

54,515

55,754

56,994

44

20,070

32,832

43,022

47,577

49,683

51,417

52,657

53,893

55,135

56,371

45

18,958

30,664

41,381

46,585

48,818

50,796

52,038

53,275

54,515

55,754

46

17,841

28,497

39,741

45,595

47,949

50,179

51,417

52,657

53,893

55,135

47

16,728

26,328

38,098

44,602

47,082

49,561

50,796

52,038

53,275

54,515

48

15,765

25,460

36,799

42,621

45,595

47,821

49,064

50,302

51,539

52,781

49

14,806

24,595

35,497

40,638

44,110

46,089

47,328

48,567

49,809

51,048

50

13,845

23,726

34,221

38,656

42,621

44,354

45,595

46,833

48,070

49,310

51

12,886

22,859

32,893

36,673

41,134

42,621

43,872

45,096

46,338

47,577

52

11,926

21,992

31,594

34,691

39,646

40,884

42,127

43,364

44,602

45,840

53

11,026

20,445

29,610

32,957

38,159

39,646

40,884

42,127

43,364

44,602

54

10,128

18,896

27,628

31,225

36,673

38,410

39,646

40,884

42,127

43,364

55

9,231

17,346

25,649

29,487

35,185

37,170

38,410

39,646

40,884

42,127

56

8,332

15,796

23,665

27,753

33,701

35,929

37,170

38,410

39,646

40,884

57

7,434

14,247

21,682

26,018

32,218

34,692

35,929

37,170

38,410

39,646

58

6,846

12,948

19,361

23,352

28,991

31,285

32,616

33,919

35,185

36,426

59

6,256

11,645

17,035

20,691

25,769

27,876

29,301

30,664

31,965

33,202

60

5,671

10,344

14,712

18,026

22,552

24,470

25,985

27,413

28,745

29,985

61

5,079

9,044

12,391

15,362

19,328

21,063

22,672

24,160

25,523

26,762

62

4,491

7,744

10,067

12,699

16,108

17,656

19,361

20,908

22,297

23,540

63

4,181

6,999

9,044

11,354

14,328

15,857

17,470

18,958

20,318

21,557

64

3,878

6,256

8,021

10,004

12,544

14,063

15,582

17,005

18,335

19,574

65

3,563

5,513

6,999

8,660

10,765

12,265

13,690

15,055

16,356

17,594

66

3,254

4,772

5,978

7,308

8,984

10,469

11,802

13,101

14,373

15,611

67

2,944

4,026

4,954

5,962

7,203

8,675

9,912

11,151

12,391

13,629

68

2,863

3,900

4,785

5,715

6,956

8,332

9,524

10,810

12,001

13,226

69

2,788

3,779

4,617

5,468

6,708

7,992

9,140

10,469

11,617

12,822

70

2,710

3,656

4,444

5,219

6,459

7,649

8,751

10,128

11,228

12,421

71

2,634

3,529

4,275

4,969

6,210

7,308

8,365

9,789

10,842

12,020

72

2,556

3,408

4,104

4,725

5,962

6,971

7,975

9,447

10,451

11,617

73

2,493

3,348

4,043

4,631

5,869

6,815

7,821

9,201

10,144

11,275

74

2,432

3,283

3,981

4,538

5,779

6,658

7,668

8,953

9,836

10,927

75

2,371

3,223

3,920

4,444

5,682

6,505

7,511

8,703

9,524

10,591

76

2,308

3,157

3,855

4,353

5,590

6,352

7,358

8,457

9,213

10,254

77 and over

2,248

3,096

3,795

4,258

5,497

6,195

7,203

8,212

8,906

9,912

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%

31%–49%

50% and over

£

£

£

£

£

37 and under

12,235

23,853

27,256

28,189

28,962

38

11,864

22,799

26,329

27,256

28,248

39

11,494

21,745

25,400

26,328

27,536

40

11,117

20,691

24,470

25,400

26,824

41

10,747

19,640

23,540

24,470

26,112

42

10,379

18,589

22,611

23,540

25,400

43

9,708

17,223

21,775

22,704

24,719

44

9,044

15,857

20,935

21,869

24,030

45

8,379

14,495

20,102

21,032

23,352

46

7,712

13,130

19,194

20,193

22,672

47

7,046

11,768

18,432

19,361

21,992

48

6,537

11,397

17,813

18,710

21,155

49

6,023

11,026

17,190

18,059

20,318

50

5,513

10,653

16,573

17,406

19,482

51

5,003

10,282

15,953

16,758

18,648

52

4,491

9,912

15,334

16,108

17,813

53

4,258

9,044

14,158

15,208

17,127

54

4,026

8,176

12,978

14,310

16,448

55

3,795

7,308

11,802

13,413

15,765

56

3,563

6,442

10,624

12,516

15,081

57

3,328

5,577

9,447

11,617

14,402

58

3,113

4,954

8,102

10,038

12,516

59

2,893

4,335

6,754

8,457

10,624

60

2,680

3,718

5,405

6,877

8,736

61

2,464

3,096

4,059

5,297

6,846

62

2,248

2,480

2,710

3,718

4,954

63

2,248

2,432

2,619

3,421

4,415

64

2,248

2,384

2,523

3,128

3,878

65

2,248

2,340

2,432

2,833

3,328

66

2,248

2,294

2,340

2,540

2,788

67 and over

2,248

2,248

2,248

2,248

2,248

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

28,962

38

28,248

39

27,536

40

26,824

41

26,112

42

25,400

43

24,719

44

24,030

45

23,352

46

22,672

47

21,992

48

21,155

49

20,318

50

19,482

51

18,648

52

17,813

53

17,127

54

16,448

55

15,765

56

15,081

57

14,402

58

12,516

59

10,624

60

8,736

61

6,846

62

4,954

63

4,415

64

3,878

65

3,328

66

2,788

67 and over

2,248

(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 further amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 so as to increase the amount payable as prescribed under the Order. The increase in each case is 3.1 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.

A regulatory impact assessment has not been produced for this rule as it has no impact on the costs of business.