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Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2002

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Statutory Rules of Northern Ireland

2002 No. 133

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2002

Made

3rd April 2002

Approved by resolution of the Assembly

22nd April 2002

Coming into operation in accordance with regulation 1(1)

The Department for Employment and Learning(1), in exercise of the powers conferred by Articles 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(2) and now vested in it(3) 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) 2002 and shall come into operation on the day after they are approved by resolution of the Assembly.

(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(4).

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 the day after they are approved by resolution of the Assembly.

(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 “£1,992” in each place where it occurs there shall be substituted “£2,068”.

(4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for “£4,121” (in each place where it occurs) there shall be substituted “£4,278”.

Sealed with the Official Seal of the Department for Employment and Learning on 3rd April 2002.

L.S.

A. D. Shannon

A senior officer of the

Department for Employment and Learning

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 under23,94342,75750,16751,59253,01754,15755,29856,43757,57858,718
3823,25841,04548,65550,39751,87553,01754,15755,29856,43757,578
3922,57339,33447,14547,19750,73751,87553,01754,15755,29856,437
4021,89137,62345,63547,99949,59550,73751,87553,01754,15755,298
4121,20635,91544,12446,80148,45749,59550,73751,87553,01754,157
4220,51934,20542,61345,60847,31648,45749,59550,73751,87553,017
4319,49732,20941,10244,69446,52047,88749,02650,16751,30752,448
4418,47030,21339,59043,78245,72047,31648,45749,59550,73751,875
4517,44628,21838,08142,86944,92446,74547,88749,02650,16751,307
4616,41826,22436,57141,95844,12446,17647,31648,45749,59550,737
4715,39424,22835,05941,04543,32645,60846,74547,88749,02650,167
4814,50823,42933,86439,22141,95844,00745,15146,29047,42848,571
4913,62522,63332,66637,39740,59242,41343,55344,69445,83646,976
5012,74121,83431,49135,57339,22140,81641,95843,09844,23645,377
5111,85921,03630,26933,74837,85339,22140,37341,49942,64243,782
5210,97420,23829,07431,92436,48437,62338,76739,90541,04542,184
5310,14618,81427,24930,32835,11636,48437,62338,76739,90541,045
549,32017,38925,42428,73433,74835,34636,48437,62338,76739,905
558,49415,96223,60327,13532,37934,20535,34636,48437,62338,767
567,66714,53621,77725,54031,01333,06434,20535,34636,48437,623
576,84113,11119,95323,94329,64831,92533,06434,20535,34636,484
586,30011,91617,81721,49026,67828,78930,01431,21332,37933,521
595,75710,71615,67619,04123,71325,65326,96428,21829,41630,554
605,2189,51913,53916,58820,75322,51823,91325,22726,45327,593
614,6748,32311,40214,13717,78719,38320,86322,23323,48824,627
624,1337,1269,26411,68614,82416,24817,81719,24020,51921,662
633,8476,4418,32310,44913,18514,59216,07717,44618,69719,838
643,5685,7577,3819,20611,54412,94114,33915,64916,87318,012
653,2795,0736,4417,9709,90611,28712,59813,85415,05116,191
662,9944,3925,5016,7258,2689,63410,86112,05613,22714,366
672,7093,7054,5595,4876,6287,9839,12110,26211,40212,542
682,6353,5894,4035,2596,4017,6678,7659,94811,04412,171
692,5653,4774,2495,0326,1737,3558,4119,63410,69111,799
702,4943,3644,0894,8035,9447,0398,0539,32010,33211,431
712,4243,2483,9344,5735,7146,7257,6979,0099,97711,062
722,3523,1373,7774,3485,4876,4157,3398,6949,61810,691
732,2943,0813,7204,2625,4016,2717,1978,4679,33510,376
742,2383,0213,6634,1765,3186,1277,0568,2399,05110,055
752,1822,9663,6074,0895,2295,9866,9128,0098,7659,747
762,1242,9053,5474,0065,1445,8456,7717,7838,4789,436
77 and over2,0682,8493,4923,9185,0595,7016,6287,5578,1959,121

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 under11,25921,95125,08225,94026,652
3810,91720,98024,22925,08225,995
3910,57720,01023,37424,22825,340
4010,23119,04122,51823,37424,684
419,89018,07321,66222,51824,029
429,55117,10620,80721,66223,374
438,93415,84920,03820,89322,748
448,32314,59219,26620,12422,113
457,71113,33918,49919,35521,490
467,09712,08317,66318,58320,863
476,48410,82916,96217,81720,238
486,01510,48816,39217,21719,468
495,54310,14615,81916,61918,697
505,0739,80415,25116,01817,928
514,6049,46214,68015,42117,160
524,1339,12114,11114,82416,392
533,9188,32313,02813,99515,761
543,7057,52411,94313,16915,136
553,4926,72510,86112,34314,508
563,2795,9289,77711,51813,879
573,0635,1328,69410,69113,253
582,8644,5597,4559,23711,518
592,6623,9906,2157,7839,777
602,4663,4214,9736,3288,039
612,2682,8493,7354,8756,300
622,0682,2822,4943,4214,559
632,0682,2382,4103,1484,063
642,0682,1942,3222,8793,568
652,0682,1542,2382,6073,063
662,0682,1112,1542,3382,565
67 and over2,0682,0682,0682,0682,068

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 under26,652
3825,995
3925,340
4024,684
4124,029
4223,374
4322,748
4422,113
4521,490
4620,863
4720,238
4819,468
4918,697
5017,928
5117,160
5216,392
5315,761
5415,136
5514,508
5613,879
5713,253
5811,518
599,777
608,039
616,300
624,559
634,063
643,568
653,063
662,565
67 and over2,068

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 3.8 percent, 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)

Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

(2)

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

(3)

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, now renamed the Department for Employment and Learning

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