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

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 interpretation N.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

I1 Reg. 1 in operation at 1.10.2008, see reg. 1(1)

Disqualifying payments N.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

I2 Reg. 2 in operation at 1.10.2008, see reg. 1(1)

Disregarded payments N.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

I3 Reg. 3 in operation at 1.10.2008, see reg. 1(1)

Presence in the United Kingdom N.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

I4 Reg. 4 in operation at 1.10.2008, see reg. 1(1)

Amount of lump sum payment N.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

I5 Reg. 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

SCHEDULE N.I.

Commencement Information

I6 Sch. in operation at 1.10.2008, see reg. 1(1)

[F1 Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at diagnosis,			Payment
or, if unknown, at date of claim					£
	37 and under			75,176
	38			73,714
	39			72,255
	40			70,796
	41			69,336
	42			67,876
	43			67,147
	44			66,413
	45			65,687
	46			64,957
	47			64,226
	48			62,185
	49			60,143
	50			58,095
	51			56,053
	52			54,006
	53			52,548
	54			51,089
	55			49,632
	56			48,167
	57			46,708
	58			42,915
	59			39,117
	60			35,327
	61			31,530
	62			27,734
	63			25,397
	64			23,061
	65			20,729
	66			18,393
	67			16,057
	68			15,582
	69			15,106
	70			14,634
	71			14,161
	72			13,686
	73			13,283
	74			12,873
	75			12,478
	76			12,081
	77 and over			11,678]

Textual Amendments

F1 Sch. Table 1 substituted (1.4.2010) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/138), reg. 1(1), Sch. Pt. 1

[F2 Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death			Payment
				£
	37 and under	39,122
	38	38,281
	39	37,442
	40	36,603
	41	35,764
	42	34,925
	43	34,122
	44	33,310
	45	32,513
	46	31,711
	47	30,910
	48	29,923
	49	28,938
	50	27,952
	51	26,971
	52	25,987
	53	25,178
	54	24,378
	55	23,575
	56	22,768
	57	21,968
	58	19,746
	59	17,517
	60	15,292
	61	13,065
	62	10,836
	63	10,201
	64	9,569
	65	8,921
	66	8,285
	67 and over	7,298]

Textual Amendments

F2 Sch. Table 2 substituted (1.4.2010) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/138), reg. 1(1), Sch. Pt. 2

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)).

(1)

2008 c. 9 (N.I.)

(2)

S.I. 2006/606

(3)

S.I. 2005/439

(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)

(5)

1969 c. 57