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Statutory Rules of Northern Ireland

1997 No. 409

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1997

Made

8th September 1997

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

Coming into operation

20th October 1997

The Department of Economic Development(1), in exercise of the powers conferred on it by Articles 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) 1997 and shall come into operation on 20th October 1997.

(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 20th October 1997.

(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 “£1,803” in each place where it occurs there shall be substituted “£1,852”.

(4) In regulation 6(1) (Payment where pneumoconiosis is accompanied by tuberculosis) for “£3,731” in each place where it occurs there shall be substituted “£3,832”.

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

(l.s.)

G. I. O'Doherty

Assistant Secretary

8th September 1997.

Regulation 2(2)

SCHEDULE

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, 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 less11-20%21-30%40%50%60%70%80%90%100%
££££££££££
37 and under21,45238,30944,94946,22647,50248,52349,54750,56751,58952,610
3820,83936,77643,59545,15546,48047,50248,52349,54750,56751,589
3920,22635,24342,24244,08045,46146,48047,50248,52349,54750,567
4019,61433,71040,88943,00744,43645,46146,48047,50248,52349,547
4119,00132,17939,53541,99343,41744,43645,46146,48047,50248,523
4218,38630,64838,18140,86442,39543,41744,43645,46146,48047,502
4317,46928,85936,82740,04641,68242,90643,92744,94945,97046,994
4416,55027,07135,47339,22840,96442,39543,41744,43645,46146,480
4515,63125,28334,12038,41140,25041,88442,90643,92744,94945,970
4614,71023,49632,76837,59439,53541,37342,39543,41744,43645,461
4713,79221,70831,41336,77638,82040,86441,88442,90643,92744,949
4812,99920,99130,34135,14137,59439,43040,45541,47542,49543,520
4912,20720,27829,26833,50736,37038,00139,02340,04641,06842,089
5011,41719,56328,21631,87335,14136,57137,59438,61539,63640,658
5110,62518,84827,12130,23933,91635,14136,17337,18338,20739,228
529,83218,13326,05128,60432,68933,71034,73535,75436,77637,797
539,09116,85724,41527,17431,46332,68933,71034,73535,75436,776
548,35115,58022,78025,74530,23931,66932,68933,71034,73535,754
557,61014,30221,14724,31329,01230,64831,66932,68933,71034,735
566,86913,02419,51222,88427,78729,62530,64831,66932,68933,710
576,13011,74717,87821,45226,56428,60429,62530,64831,66932,689
585,64410,67715,96319,25523,90325,79526,89327,96629,01230,034
595,1589,60214,04617,06121,24722,98524,15925,28326,35727,376
604,6758,52912,13114,86218,59420,17721,42622,60323,70224,723
614,1887,45610,21612,66715,93717,36718,69319,92121,04522,065
623,7046,3858,30010,47013,28214,55715,96317,23918,38619,409
633,4475,7717,4569,36211,81313,07514,40415,63116,75317,775
643,1965,1586,6148,24910,34311,59512,84714,02115,11816,140
652,9384,5465,7717,1418,87510,11311,28812,41313,48614,507
662,6823,9354,9296,0267,4088,6329,73110,80211,85112,871
672,4273,3204,0854,9165,9387,1528,1739,19510,21611,237
682,3613,2163,9464,7115,7366,8697,8538,9139,89510,905
692,2983,1153,8064,5095,5316,5907,5368,6329,58010,572
702,2343,0153,6644,3035,3256,3077,2158,3519,25810,242
712,1722,9113,5254,0985,1206,0266,8968,0728,9409,911
722,1082,8103,3843,8964,9165,7476,5767,7908,6189,580
732,0552,7613,3333,8194,8395,6186,4497,5868,3649,297
742,0052,7063,2823,7414,7655,4906,3227,3818,1109,009
751,9562,6573,2323,6644,6855,3636,1947,1767,8538,734
761,9032,6043,1783,5894,6105,2386,0676,9737,5978,455
77 and over1,8522,5533,1293,5114,5335,1085,9386,7717,3428,173

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 less11%-20%21%-30%40%50% and over
££3££
37 and under10,08819,66722,47423,24123,880
389,78218,79821,70822,47423,291
399,47717,92820,94321,70822,705
409,16717,06120,17720,94322,116
418,86116,19319,40920,17721,529
428,55715,32718,64219,40920,943
438,00514,20117,95418,72020,381
447,45613,07517,26318,03019,813
456,90911,95316,57517,34119,255
466,35910,82615,82616,65018,693
475,8109,70315,19715,96318,133
485,3909,39714,68715,42717,443
494,9679,09114,17314,89116,753
504,5468,78513,66514,35316,064
514,1258,47913,15313,81715,375
523,7048,17312,64313,28214,687
533,5117,45611,67312,54014,122
543,3206,74110,70111,80013,561
553,1296,0269,73111,05912,999
562,9385,3128,76010,31912,436
572,7444,5987,7909,58011,875
582,5664,0856,6798,27610,319
592,3853,5755,5686,9738,760
602,2093,0664,4555,6707,203
612,0322,5533,3464,3685,644
621,8522,0442,2343,0664,085
631,8522,0052,1592,8213,641
641,8521,9662,0802,5793,196
651,8521,9292,0052,3362,744
661,8521,8921,9292,0942,298
67 and over1,8521,8521,8521,8521,852

Part BPayments to Dependants of Persons who died as a result of Diffuse Mesothelioma

Age of disabled person at his last birthday preceding deathPayment
£
37 and under23,880
3823,291
3922,705
4022,116
4121,529
4220,943
4320,381
4419,813
4519,255
4618,693
4718,133
4817,443
4916,753
5016,064
5115,375
5214,687
5314,122
5413,561
5512,999
5612,436
5711,875
5810,319
598,760
607,203
615,644
624,085
633,641
643,196
652,744
662,298
67 and over1,852”

Explanatory Note

(This note is not part of the Regulations.)

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 (“the 1988 Regulations”) as amended by the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) of 1989, 1991, 1992, 1993, 1995 and 1996 prescribe the amount of payments to be made under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“the Order”), as amended by the Social Security (Northern Ireland) Order 1985, the Social Security (Northern Ireland) Order 1986 and the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, to persons disabled by a disease to which the Order applies (namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease. All such persons should satisfy the conditions of entitlement prescribed in Article 3 (Payments to disabled persons) or, as the case may be, Article 4 (Payments to dependants of disabled persons) of the Order.

These Regulations further amend the 1988 Regulations by increasing the amount of the payments laid down by the 1989, 1991, 1992, 1993, 1995 and 1996 Regulations in any case in which a person first becomes entitled to a payment on or after the date when these Regulations come into operation. The increase in each case is 2.7 per cent. rounded up or down to the nearest £1 as appropriate.

(1)

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 and S.I. 1986/1888 (N.I. 18), Article 40 and Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22