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Statutory Rules of Northern Ireland

2004 No. 214

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment No. 2) Regulations (Northern Ireland) 2004

Made

6th May 2004

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

Coming into operation

20th June 2004

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 No. 2) Regulations (Northern Ireland) 2004 and shall come into operation on 20th June 2004.

(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 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 “£2,068” (in each place where it occurs) there shall be substituted “£2,180”.

(4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for “£4,278” (in each place where it occurs) there shall be substituted “£4,509”.

Sealed with the Official Seal of the Department for Employment and Learning on 6th May 2004.

L.S.

R. B. Gamble

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 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 person10% or less11%–20%21%–30%31%–40%41%–50%51%–60%61%–70%71%–80%81%–90%91%–100%
££££££££££
37 and under25,23645,06652,87654,37855,88057,08158,28459,48560,68761,889
3824,51443,26151,28253,11854,67655,88057,08158,28459,48560,687
3923,79241,45849,69151,85453,47754,67655,88057,08158,28459,485
4023,07339,65548,09950,59152,27353,47754,67655,88057,08158,284
4122,35137,85446,50749,32851,07452,27353,47754,67655,88057,081
4221,62736,05244,91448,07149,87151,07452,27353,47754,67655,880
4320,55033,94843,32247,10749,03250,47351,67352,87654,07855,280
4419,46731,84541,72846,14648,18949,87151,07452,27353,47754,676
4518,38829,74240,13745,18447,35049,26950,47351,67352,87654,078
4617,30527,64038,54644,22446,50748,67049,87151,07452,27353,477
4716,22525,53636,95243,26145,66648,07149,26950,47351,67352,876
4815,29124,69435,69341,33944,22446,38347,58948,79049,98951,194
4914,36123,85534,43039,41642,78444,70345,90547,10748,31149,513
5013,42923,01333,19237,49441,33943,02044,22445,42546,62547,827
5112,49922,17231,90435,57039,89741,33942,55343,74044,94546,146
5211,56721,33130,64433,64838,45439,65540,86042,06043,26144,462
5310,69419,83028,72031,96637,01238,45439,65540,86042,06043,261
549,82318,32826,79730,28635,57037,25538,45439,65540,86042,060
558,95316,82424,87828,60034,12736,05237,25538,45439,65540,860
568,08115,32122,95326,91932,68834,84936,05237,25538,45439,655
577,21013,81921,03025,23631,24933,64934,84936,05237,25538,454
586,64012,55918,77922,65028,11930,34431,63532,89934,12735,331
596,06811,29516,52320,06924,99427,03828,42029,74231,00432,204
605,50010,03314,27017,48421,87423,73425,20426,58927,88129,083
614,9268,77212,01814,90018,74720,43021,99023,43424,75625,957
624,3567,5119,76412,31715,62417,12518,77920,27921,62722,832
634,0556,7898,77211,01313,89715,38016,94518,38819,70720,909
643,7616,0687,7809,70312,16713,64015,11316,49417,78418,985
653,4565,3476,7898,40010,44111,89613,27814,60215,86417,065
663,1564,6295,7987,0888,71410,15411,44712,70713,94115,142
672,8553,9054,8055,7836,9868,4149,61410,81612,01813,219
682,7773,7834,6415,5436,7478,0819,23810,48511,64012,828
692,7043,6654,4785,3046,5067,7528,86510,15411,26812,436
702,6293,5464,3105,0626,2657,4198,4889,82310,89012,048
712,5553,4234,1464,8206,0237,0888,1139,49510,51611,659
722,4793,3063,9814,5835,7836,7617,7359,16310,13711,268
732,4183,2473,9214,4925,6936,6107,5868,9249,83910,936
742,3593,1843,8614,4025,6056,4587,4378,6849,54010,598
752,3003,1263,8024,3105,5116,3097,2858,4419,23810,273
762,2393,0623,7394,2225,4226,1617,1378,2038,9369,946
77 and over2,1803,0033,6814,1305,3326,0096,9867,9658,6389,614

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 provison 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

Percentage assessment for the relevant period
Age of disabled person at his last birthday preceding death10% or less11%–20%21%–30%31%–49%50% and over
£££££
37 and under11,86723,13626,43627,34128,091
3811,50722,11325,53726,43627,399
3911,14821,09124,63625,53626,708
4010,78320,06923,73424,63626,017
4110,42419,04922,83223,73425,327
4210,06718,03021,93122,83224,636
439,41616,70521,12022,02123,976
448,77215,38020,30621,21123,307
458,12714,05919,49820,40022,650
467,48012,73518,61719,58621,990
476,83411,41417,87818,77921,331
486,34011,05417,27718,14720,519
495,84210,69416,67317,51619,707
505,34710,33316,07516,88318,896
514,8539,97315,47316,25418,087
524,3569,61414,87315,62417,277
534,1308,77213,73214,75116,612
543,9057,93012,58813,88015,953
553,6817,08811,44713,01015,291
563,4566,24810,30512,14014,628
573,2285,4099,16311,26813,969
583,0194,8057,8589,73612,140
592,8064,2056,5518,20310,305
602,5993,6065,2426,6708,473
612,3903,0033,9375,1386,640
622,1802,4052,6293,6064,805
632,1802,3592,5403,3184,282
642,1802,3122,4473,0343,761
652,1802,2702,3592,7483,228
662,1802,2252,2702,4642,704
67 and over2,1802,1802,1802,1802,180

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 under28,091
3827,399
3926,708
4026,017
4125,327
4224,636
4323,976
4423,307
4522,650
4621,990
4721,331
4820,519
4919,707
5018,896
5118,087
5217,277
5316,612
5415,953
5515,291
5614,628
5713,969
5812,140
5910,305
608,473
616,640
624,805
634,282
643,761
653,228
662,704
67 and over2,180”

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 as prescribed under the Order. The increase in each case is 5.4 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.

(1)

Formerly known as the Department of Higher and Further Education, Training and Employment; see 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