The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 84

Social Security

The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012

Made

1st March 2012

Affirmed by resolution of the Assembly on 26th March 2012

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, makes the following Regulations in exercise of the powers conferred by Articles 3(3), 4(3) and 11(1) and (4) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979(1) and now vested in it(2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 1st April 2012 or on the day after they are affirmed by resolution of the Assembly if later.

(2) These Regulations shall apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 on or after the day on which these Regulations come into operation.

Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations

2.—(1) The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulations 5(2) and 7 (minimum amounts payable to dependant) for “£2,731” substitute “£2,873”.

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£5,648”, in both places where it occurs, substitute “£5,942”.

(4) For the Schedule substitute the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department for Social Development on 1st March 2012

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Regulation 2(4)

SCHEDULE

Regulations 3, 4, 5 and 6

“SCHEDULE

TABLE 1

1.   This table 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, the first period specified in regulation 6(1)(b).

3.   The age of the disabled person is his age determined in accordance with regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b). 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.

4.   The table prescribes payments to disabled persons to whom disablement benefit is payable under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4), 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.

TABLE 1

Age of				Percentage assessment for the relevant period
disabled	10%	11% -	21% -		31% -	41% -	51% -	61% -	71% -	81% -	91% -
person	or less	20%	30%		40%	50%	60%	70%	80%	90%	100%
	£	£	£		£	£	£	£	£	£	£
37 and
under	33,246	59,372	69,660		77,641	73,619	75,202	76,785	78,369	79,951	81,536
38	32,296	56,994	67,562		69,980	72,033	73,619	75,202	76,785	78,369	79,951
39	31,345	54,619	65,465		68,315	70,455	71,825	73,619	75,202	76,785	78,369
40	30,398	52,242	63,367		66,651	68,866	70,453	72,033	73,619	75,202	76,787
41	29,447	49,871	61,271		64,985	67,288	68,866	70,453	72,033	73,619	75,202
42	28,491	47,498	59,171		63,331	65,703	67,288	68,866	70,453	72,033	73,619
43	27,073	44,724	57,074		62,062	64,597	66,497	68,077	69,660	71,245	72,829
44	25,646	41,954	54,974		60,796	63,487	65,703	67,288	68,866	70,453	72,033
45	24,225	39,184	52,877		59,527	62,381	64,908	66,497	68,077	69,660	71,245
46	22,798	36,415	50,782		58,263	61,271	64,122	65,703	67,288	68,866	70,453
47	21,376	33,643	48,682		56,994	60,164	63,331	64,908	66,497	68,077	69,660
48	20,147	32,534	47,023		54,463	58,263	61,109	62,696	64,278	65,857	67,447
49	18,920	31,427	45,359		51,929	56,365	58,893	60,478	62,062	63,647	65,231
50	17,693	30,319	43,728		49,397	54,463	56,677	58,263	59,844	61,426	63,011
51	16,466	29,210	42,032		46,862	52,561	54,463	56,061	57,625	59,212	60,796
52	15,239	28,102	40,372		44,329	50,660	52,242	53,832	55,412	56,994	58,575
53	14,089	26,125	37,836		42,114	48,761	50,660	52,242	53,832	55,412	56,994
54	12,942	24,147	35,303		39,901	46,862	49,082	50,660	52,242	53,832	55,412
55	11,796	22,167	32,776		37,678	44,960	47,498	49,082	50,660	52,242	53,832
56	10,646	20,186	30,240		35,464	43,065	45,911	47,498	49,082	50,660	52,242
57	9,499	18,205	27,707		33,246	41,170	44,330	45,911	47,498	49,082	50,660
58	8,747	16,545	24,741		29,840	37,046	39,977	41,678	43,343	44,961	46,546
59	7,993	14,881	21,768		26,440	32,929	35,620	37,441	39,184	40,846	42,427
60	7,247	13,218	18,799		23,034	28,818	31,269	33,203	35,029	36,732	38,316
61	6,489	11,556	15,835		19,630	24,698	26,914	28,971	30,873	32,614	34,197
62	5,739	9,895	12,864		16,227	20,582	22,560	24,741	26,718	28,491	30,081
63	5,343	8,944	11,556		14,509	18,309	20,262	22,324	24,225	25,963	27,546
64	4,956	7,993	10,250		12,783	16,028	17,971	19,911	21,730	23,429	25,012
65	4,553	7,045	8,944		11,066	13,756	15,674	17,494	19,238	20,900	22,483
66	4,159	6,097	7,638		9,339	11,479	13,377	15,080	16,740	18,366	19,949
67	3,762	5,145	6,330		7,619	9,204	11,085	12,666	14,248	15,835	17,416
68	3,659	4,982	6,114		7,304	8,888	10,646	12,171	13,814	15,335	16,900
69	3,563	4,830	5,900		6,987	8,572	10,212	11,679	13,377	14,844	16,384
70	3,462	4,673	5,678		6,670	8,253	9,773	11,183	12,942	14,346	15,873
71	3,366	4,510	5,462		6,351	7,935	9,339	10,689	12,507	13,855	15,359
72	3,266	4,354	5,244		6,037	7,619	8,908	10,191	12,071	13,355	14,844
73	3,184	4,277	5,166		5,918	7,499	8,708	9,994	11,757	12,964	14,407
74	3,108	4,195	5,086		5,799	7,385	8,508	9,799	11,441	12,568	13,962
75	3,030	4,119	5,009		5,678	7,261	8,312	9,597	11,122	12,171	13,534
76	2,949	4,034	4,927		5,562	7,143	8,117	9,403	10,806	11,771	13,104
77 and	2,873	3,957	4,850		5,440	7,025	7,915	9,204	10,494	11,381	12,666
over

TABLE 2

1.   This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or (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, the first period specified in regulation 6(1)(b).

3.— (1) Part A of the table prescribes payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma where—

(a) death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable;

(b) disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable to the disabled person immediately before he died;

(c) disablement benefit would have been payable to the disabled person 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.

(2) Part B of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.

PART A

Age of disabled person at his last birthday preceding death				Percentage assessment for the relevant period
		10% or less			11% - 20%		21% - 30%		31% - 49%		50% and
											over
			£			£		£		£		£
	37 and under	21,058			35,903		40,254		41,445		42,432
	38	20,583			34,556		39,067		40,254		41,520
	39	20,110			33,210		37,880		39,066		40,610
	40	19,629			31,863		36,692		37,880		39,700
	41	19,157			30,519		35,504		36,692		38,790
	42	18,686			29,177		34,316		35,504		37,880
	43	17,828			27,432		33,247		34,434		37,009
	44	16,979			25,685		32,175		33,368		36,129
	45	16,130			23,945		31,110		32,297		35,264
	46	15,277			22,202		29,949		31,228		34,394
	47	14,427			20,461		28,976		30,164		33,525
	48	13,777			19,986		28,186		29,332		32,455
	49	13,119			19,512		27,389		28,500		31,386
	50	12,468			19,035		26,601		27,664		30,318
	51	11,816			18,563		25,810		26,838		29,253
	52	11,162			18,089		25,018		26,005		28,186
	53	10,863			16,979		23,515		24,857		27,309
	54	10,568			15,870		22,007		23,709		26,441
	55	10,273			14,762		20,503		22,563		25,570
	56	9,976			13,654		18,999		21,417		24,695
	57	9,499			12,550		17,494		20,267		23,827
	58	8,747			11,753		15,776		18,250		21,417
	59	7,993			10,961		14,055		16,229		18,999
	60	7,247			10,175		12,329		14,210		16,586
	61	6,489			9,380		10,610		12,192		14,170
	62	5,739			8,593		8,885		10,175		11,753
	63	5,343			8,531		8,771		9,795		11,064
	64	4,956			7,993		8,646		9,420		10,379
	65	4,553			7,045		8,531		9,042		9,676
	66	4,159			6,097		7,638		8,668		8,986
	67 and over	2,873			3,957		4,850		5,440		7,025

PART B

Age of disabled person at his last birthday				Payment
	preceding death				£
		37 and under	42,432
		38	41,520
		39	40,610
		40	39,700
		41	38,790
		42	37,880
		43	37,009
		44	36,129
		45	35,264
		46	34,394
		47	33,525
		48	32,455
		49	31,386
		50	30,318
		51	29,253
		52	28,186
		53	27,309
		54	26,441
		55	25,570
		56	24,695
		57	23,827
		58	21,417
		59	18,999
		60	16,586
		61	14,170
		62	11,753
		63	11,064
		64	10,379
		65	9,676
		66	8,986
		67 and over	7,025”

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 before they died.

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.

These Regulations amend the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to increase amounts payable under the Order. The increase in each case is 5.2 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

S.I. 1979/925 (N.I. 9); Articles 3 and 4 were amended by Article 22(a) and (b) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 3 was amended by section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

(2)

See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) and Article 3 of S.R. 2006 No. 192

(3)

S.R. 1988 No. 242; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2011 No. 67

(4)

1992 c. 7