Search Legislation

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2005 No. 59

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005

Made

1st March 2005

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

Coming into operation

10th April 2005

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 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) 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) 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 “£2,180” (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.

L.S.

T. Devine

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 under26,01846,46354,51556,06457,61258,85160,09161,32962,56863,808
3825,27444,60252,87254,76556,37157,61258,85160,09161,32962,568
3924,53042,74351,23153,46155,13556,37157,61258,85160,09161,329
4023,78840,88449,59052,15953,89355,13556,37157,61258,85160,091
4123,04439,02747,94950,85752,65753,89355,13556,37157,61258,851
4222,29737,17046,30649,56151,41752,65753,89355,13556,37157,612
4321,18735,00044,66548,56750,55252,03853,27554,51555,75456,994
4420,07032,83243,02247,57749,68351,41752,65753,89355,13556,371
4518,95830,66441,38146,58548,81850,79652,03853,27554,51555,754
4617,84128,49739,74145,59547,94950,17951,41752,65753,89355,135
4716,72826,32838,09844,60247,08249,56150,79652,03853,27554,515
4815,76525,46036,79942,62145,59547,82149,06450,30251,53952,781
4914,80624,59535,49740,63844,11046,08947,32848,56749,80951,048
5013,84523,72634,22138,65642,62144,35445,59546,83348,07049,310
5112,88622,85932,89336,67341,13442,62143,87245,09646,33847,577
5211,92621,99231,59434,69139,64640,88442,12743,36444,60245,840
5311,02620,44529,61032,95738,15939,64640,88442,12743,36444,602
5410,12818,89627,62831,22536,67338,41039,64640,88442,12743,364
559,23117,34625,64929,48735,18537,17038,41039,64640,88442,127
568,33215,79623,66527,75333,70135,92937,17038,41039,64640,884
577,43414,24721,68226,01832,21834,69235,92937,17038,41039,646
586,84612,94819,36123,35228,99131,28532,61633,91935,18536,426
596,25611,64517,03520,69125,76927,87629,30130,66431,96533,202
605,67110,34414,71218,02622,55224,47025,98527,41328,74529,985
615,0799,04412,39115,36219,32821,06322,67224,16025,52326,762
624,4917,74410,06712,69916,10817,65619,36120,90822,29723,540
634,1816,9999,04411,35414,32815,85717,47018,95820,31821,557
643,8786,2568,02110,00412,54414,06315,58217,00518,33519,574
653,5635,5136,9998,66010,76512,26513,69015,05516,35617,594
663,2544,7725,9787,3088,98410,46911,80213,10114,37315,611
672,9444,0264,9545,9627,2038,6759,91211,15112,39113,629
682,8633,9004,7855,7156,9568,3329,52410,81012,00113,226
692,7883,7794,6175,4686,7087,9929,14010,46911,61712,822
702,7103,6564,4445,2196,4597,6498,75110,12811,22812,421
712,6343,5294,2754,9696,2107,3088,3659,78910,84212,020
722,5563,4084,1044,7255,9626,9717,9759,44710,45111,617
732,4933,3484,0434,6315,8696,8157,8219,20110,14411,275
742,4323,2833,9814,5385,7796,6587,6688,9539,83610,927
752,3713,2233,9204,4445,6826,5057,5118,7039,52410,591
762,3083,1573,8554,3535,5906,3527,3588,4579,21310,254
77 and over2,2483,0963,7954,2585,4976,1957,2038,2128,9069,912

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 deathPercentage assessment for the relevant period
10% or less11%–20%21%–30%31%–49%50% and over
£££££
37 and under12,23523,85327,25628,18928,962
3811,86422,79926,32927,25628,248
3911,49421,74525,40026,32827,536
4011,11720,69124,47025,40026,824
4110,74719,64023,54024,47026,112
4210,37918,58922,61123,54025,400
439,70817,22321,77522,70424,719
449,04415,85720,93521,86924,030
458,37914,49520,10221,03223,352
467,71213,13019,19420,19322,672
477,04611,76818,43219,36121,992
486,53711,39717,81318,71021,155
496,02311,02617,19018,05920,318
505,51310,65316,57317,40619,482
515,00310,28215,95316,75818,648
524,4919,91215,33416,10817,813
534,2589,04414,15815,20817,127
544,0268,17612,97814,31016,448
553,7957,30811,80213,41315,765
563,5636,44210,62412,51615,081
573,3285,5779,44711,61714,402
583,1134,9548,10210,03812,516
592,8934,3356,7548,45710,624
602,6803,7185,4056,8778,736
612,4643,0964,0595,2976,846
622,2482,4802,7103,7184,954
632,2482,4322,6193,4214,415
642,2482,3842,5233,1283,878
652,2482,3402,4322,8333,328
662,2482,2942,3402,5402,788
67 and over2,2482,2482,2482,2482,248

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 under28,962
3828,248
3927,536
4026,824
4126,112
4225,400
4324,719
4424,030
4523,352
4622,672
4721,992
4821,155
4920,318
5019,482
5118,648
5217,813
5317,127
5416,448
5515,765
5615,081
5714,402
5812,516
5910,624
608,736
616,846
624,954
634,415
643,878
653,328
662,788
67 and over2,248

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 further amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 so as to increase the amount payable as prescribed under the Order. The increase in each case is 3.1 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)

See the definitions of “Department” and “prescribed”. The Department of Manpower Services was renamed the Department of Economic Development: 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, S.I. 1986/1888 (N.I. 18) Article 40 and Schedule 3, paragraph 17 and 1992 c. 9 section 4 and 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 from the Department of Economic Development to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources