2005 No. 59
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.
SCHEDULE
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, 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.)