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Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2000

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Statutory Rules of Northern Ireland

2000 No. 134

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2000

Made

18th April 2000

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

Coming into operation

1st June 2000

The Department of Higher and Further Education, Training and Employment, in exercise of the powers conferred by Articles 2(2), 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(1) and now vested in it(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) 2000 and shall come into operation on 1st June 2000.

(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 1st June 2000.

(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 “£1,943” in each place where it occurs there shall be substituted “£1,992”.

(4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis) for “£4,020” (in each place where it occurs) there shall be substituted “£4,121”.

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 18th April 2000.

L.S.

R. B. Gamble

A senior officer of the

Department of Higher and Futher Education, Training and Employment

Regulation 2(2)

SCHEDULE

Regulations 3, 4 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 first period specified in paragraph 6(1)(b).

(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 person10% or less11%-20%21%-30%31%-40%41%-50%51%-60%61%-70%71%-80%81%-90%91%-100%
££££££££££
37 and under23,06641,19248,33049,70351,07652,17453,27454,37155,47056,568
3822,40739,54246,87448,55249,97651,07652,17453,27454,37155,470
3921,74737,89445,41947,39648,88049,97651,07652,17453,27454,371
4021,09036,24643,96446,24247,77948,88049,97651,07652,17453,274
4120,43034,60042,50945,08846,68347,77948,88049,97651,07652,174
4219,76832,95341,05343,93845,58446,68347,77948,88049,97651,076
4318,78331,03039,59743,05844,81746,13447,23148,33049,42950,528
4417,79429,10738,14142,17944,04645,58446,68347,77948,88049,976
4516,80727,18536,68741,30043,27945,03446,13447,23148,33049,429
4615,81725,26435,23240,42242,50944,48645,58446,68347,77948,880
4714,83023,34133,77639,54241,74043,93845,03446,13447,23148,330
4813,97722,57132,62437,78540,42242,39643,49844,59545,69246,793
4913,12621,80431,47036,02839,10640,86041,95943,05844,15845,256
5012,27521,03530,33834,27137,78539,32240,42241,52042,61743,716
5111,42520,26629,16132,51336,46737,78538,89539,98041,08142,179
5210,57219,49728,01030,75535,14836,24637,34838,44439,54240,640
539,77518,12526,25129,21833,83035,14836,24637,34838,44439,542
548,97916,75224,49327,68232,51334,05235,14836,24637,34838,444
558,18315,37822,73926,14231,19432,95334,05235,14836,24637,348
567,38614,00420,98024,60529,87831,85432,95334,05235,14836,246
576,59112,63119,22323,06628,56330,75631,85432,95334,05235,148
586,06911,48017,16520,70325,70127,73528,91530,07031,19432,294
595,54610,32415,10218,34422,84524,71425,97727,18528,33929,435
605,0279,17113,04315,98119,99321,69423,03824,30325,48526,583
614,5038,01810,98513,61917,13618,67320,09921,41922,62823,725
623,9826,8658,92511,25814,28115,65317,16518,53619,76820,869
633,7066,2058,01810,06612,70214,05815,48816,80718,01319,112
643,4375,5467,1118,86911,12112,46713,81415,07616,25517,353
653,1594,8876,2057,6789,54310,87412,13713,34714,50015,598
662,8844,2315,3006,4797,9659,28110,46311,61512,74313,840
672,6103,5694,3925,2866,3857,6918,7879,88610,98512,083
682,5393,4584,2425,0666,1677,3868,4449,58410,64011,725
692,4713,3504,0934,8485,9477,0868,1039,28110,30011,367
702,4033,2413,9394,6275,7266,7817,7588,9799,95411,013
712,3353,1293,7904,4065,5056,4797,4158,6799,61210,657
722,2663,0223,6394,1895,2866,1807,0708,3769,26610,300
732,2102,9683,5844,1065,2036,0416,9348,1578,9939,996
742,1562,9103,5294,0235,1235,9036,7987,9378,7209,687
752,1022,8573,4753,9395,0385,7676,6597,7168,4449,390
762,0462,7993,4173,8594,9565,6316,5237,4988,1689,091
77 and over1,9922,7453,3643,7754,8745,4926,3857,2807,8958,787

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 first period specified in paragraph 6(1)(b).

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 deathPercentage assessment for the relevant period
10% or less11%-20%21%-30%31%-40%50% and over
£££££
37 and under10,84721,14724,16424,99025,676
3810,51720,21223,34224,16425,043
3910,19019,27722,51823,34124,412
409,85618,34421,69422,51823,780
419,52817,41120,86921,69423,149
429,20116,48020,04520,86922,518
438,60715,26919,30420,12821,915
448,01814,05818,56119,38721,303
457,42912,85117,82218,64620,703
466,83711,64117,01617,90320,099
476,24710,43316,34117,16519,497
485,79510,10415,79216,58718,755
495,3409,77515,24016,01118,013
504,8879,44514,69315,43217,272
514,4359,11614,14314,85616,532
523,9828,78713,59414,28115,792
533,7758,01812,55113,48315,184
543,5697,24911,50612,68714,582
553,3646,47910,46311,89113,977
563,1595,7119,41911,09613,371
572,9514,9448,37610,30012,768
582,7594,3927,1828,89911,096
592,5653,8445,9877,4989,419
602,3763,2964,7916,0967,745
612,1852,7453,5984,6976,069
621,9922,1982,4033,2964,392
631,9922,1562,3223,0333,914
641,9922,1142,2372,7743,437
651,9922,0752,1562,5122,951
661,9922,0342,0752,2522,471
67 and over1,9921,9921,9921,9921,992

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 under25,676
3825,043
3924,412
4023,780
4123,149
4222,518
4321,915
4421,303
4520,703
4620,099
4719,497
4818,755
4918,013
5017,272
5116,532
5215,792
5315,184
5414,581
5513,977
5613,371
5712,768
5811,096
599,419
607,745
616,069
624,392
633,914
643,437
652,951
662,471
67 and over1,992

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 2.5 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)

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

(2)

The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Pneumoconiosis, etc,. (Workers' Compensation) (Northern Ireland) Order 1979 to the Department of Higher and Further Education, Training and Employment

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