2008 No. 354

Social Security

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

Approved by resolution of the Assembly on 17th February 2009

Made

Coming into operation

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) 20081.

Citation, commencement and interpretationI21

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.

Annotations:
Commencement Information
I2

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

Disqualifying paymentsI32

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 20062;

b

payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 20053;

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 19724 or section 3 of the Employers’ Liability (Compulsory Insurance) Act 19695;

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.

Annotations:
Commencement Information
I3

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

Disregarded paymentsI43

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.

Annotations:
Commencement Information
I4

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

Presence in the United KingdomI54

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.

Annotations:
Commencement Information
I5

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

Amount of lump sum paymentI65

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.

Annotations:
Commencement Information
I6

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 McGahanA senior officer of the Department for Social Development

I1SCHEDULE

Regulation 5

Annotations:
Commencement Information
I1

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

Amendments (Textual)
F1Table 1Amount 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 under

107,038

38

104,957

39

102,881

40

100,804

41

98,723

42

96,645

43

95,609

44

94,563

45

93,528

46

92,487

47

91,448

48

88,544

49

85,635

50

82,720

51

79,814

52

76,896

53

74,820

54

72,745

55

70,671

56

68,582

57

66,504

58

61,103

59

55,696

60

50,300

61

44,894

62

39,491

63

36,165

64

32,835

65

29,515

66

26,188

67

22,863

68

22,186

69

21,506

70

20,838

71

20,162

72

19,489

73

18,914

74

18,328

75

17,767

76

17,203

77 or over

16,631

F2Table 2Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 or under

55,704

38

54,507

39

53,312

40

52,117

41

50,922

42

49,728

43

48,584

44

47,430

45

46,294

46

45,152

47

44,011

48

42,609

49

41,202

50

39,801

51

38,403

52

37,000

53

35,851

54

34,712

55

33,569

56

32,418

57

31,278

58

28,115

59

24,940

60

21,774

61

18,604

62

15,429

63

14,524

64

13,625

65

12,703

66

11,796

67 or over

9,222

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)).