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The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008

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Statutory Rules of Northern Ireland

2008 No. 354

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008

Made

27th August 2008

Coming into operation

1st October 2008

Approved by resolution of the Assembly on

17th February 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Mesothelioma, etc., Act (Northern Ireland) 2008(1).

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 and shall come into operation on 1st October 2008.

(2) In these Regulations—

“the Act” means the Mesothelioma, etc., Act (Northern Ireland) 2008;

“claim” means a claim under section 1(1) of the Act;

“deceased” means a person who, immediately before death, had mesothelioma;

“enactment” includes any statutory provision;

“lump sum payment” means a payment under section 1(2) of the Act;

“mesothelioma” means “diffuse mesothelioma”;

“payment” includes a payment in money or money’s worth or in kind.

Commencement Information

I1Reg. 1 in operation at 1.10.2008, see reg. 1(1)

Disqualifying paymentsN.I.

2.—(1) The following payments are prescribed for the purposes of section 2(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of mesothelioma, prevent the conditions provided for in section 2(1)(a) and (2)(a) from being fulfilled)—

(a)payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2);

(b)payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(3);

(c)payment from any government department, authority, body corporate or employer exempted from insurance by or under Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972(4) or section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969(5);

(d)payment under the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;

(e)payment under the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.

(2) The following payments are prescribed for the purposes of section 2(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 2(1)(b) or (2)(b) from being fulfilled)—

(a)payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

(b)payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

Commencement Information

I2Reg. 2 in operation at 1.10.2008, see reg. 1(1)

Disregarded paymentsN.I.

3.  A payment made in error and which in consequence is liable to be repaid in accordance with an enactment or rule of law is to be disregarded for the purpose of section 2(1)(a) or (2)(a) of the Act.

Commencement Information

I3Reg. 3 in operation at 1.10.2008, see reg. 1(1)

Presence in the United KingdomN.I.

4.—(1) In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.

(2) In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.

Commencement Information

I4Reg. 4 in operation at 1.10.2008, see reg. 1(1)

Amount of lump sum paymentN.I.

5.—(1) The amount of a payment made under section 1(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.

(2) In Table 1 of the Schedule the reference to the age of the person is a reference to—

(a)the age at which the person was first diagnosed with mesothelioma; or

(b)where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.

(3) The amount of a payment made under section 1(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.

(4) In Table 2 of the Schedule the reference to the age of the person with mesothelioma is a reference to the age of the person at death.

Commencement Information

I5Reg. 5 in operation at 1.10.2008, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 27th August 2008

(L.S.)

B McGahan

A senior officer of the Department for Social Development

Regulation 5

SCHEDULEN.I.

Commencement Information

I6Sch. in operation at 1.10.2008, see reg. 1(1)

[F1Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at first diagnosis, or, if unknown, date of claim

Payment

£

37 or under107,038
38104,957
39102,881
40100,804
4198,723
4296,645
4395,609
4494,563
4593,528
4692,487
4791,448
4888,544
4985,635
5082,720
5179,814
5276,896
5374,820
5472,745
5570,671
5668,582
5766,504
5861,103
5955,696
6050,300
6144,894
6239,491
6336,165
6432,835
6529,515
6626,188
6722,863
6822,186
6921,506
7020,838
7120,162
7219,489
7318,914
7418,328
7517,767
7617,203
77 or over16,631]

[F2Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 or under55,704
3854,507
3953,312
4052,117
4150,922
4249,728
4348,584
4447,430
4546,294
4645,152
4744,011
4842,609
4941,202
5039,801
5138,403
5237,000
5335,851
5434,712
5533,569
5632,418
5731,278
5828,115
5924,940
6021,774
6118,604
6215,429
6314,524
6413,625
6512,703
6611,796
67 or over9,222]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for a lump sum payment under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008 (“the Act”) to a person with diffuse mesothelioma or the person’s dependant.

Regulation 2 specifies certain payments, eligibility or receipt of which disqualifies a person from entitlement to a lump sum payment.

Regulation 3 prevents disqualification for payments which are liable to be repaid.

Regulation 4 requires the person with diffuse mesothelioma to have been in the United Kingdom at the time and place of exposure to asbestos.

Regulation 5 and the Schedule set out the amounts payable to a person with diffuse mesothelioma or a dependant, based on the age of the person with diffuse mesothelioma.

Sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Act under which these Regulations are made were brought into operation, for the purpose only of authorising the making of regulations on 27th August 2008 and for all other purposes on 1st October 2008 by the Mesothelioma, etc., (2008 Act) (Commencement) Order (Northern Ireland) 2008 (S.R. 2008 No. 351 (C. 19)).

(4)

S.I 1972/963 (N.I. 6); Article 7 was amended by paragraph 1 of Schedule 2 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and Part 5 of Schedule 7 to the Criminal Justice and Police Act 2001 (c. 16)

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