The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 187

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2019

Made

26th September 2019

Coming into operation

27th September 2019

Approved by resolution of the Assembly on

9th March 2020

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(3) and 9(2)(a) and (3) of the Mesothelioma, etc., Act (Northern Ireland) 2008(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2019 and shall come into operation on 27th September 2019.

(2) In regulation 2—

(a) paragraph (a) applies only in relation to a person—

(i) first diagnosed with diffuse mesothelioma on or after 1st April 2019, or

(ii) where the date of the first diagnosis with diffuse mesothelioma is unknown, if a claim under section 1(1) of the Mesothelioma, etc., Act (Northern Ireland) 2008 is made by that person on or after 1st April 2019; and

(b) paragraph (b) applies only in relation to the dependant of a person who dies on or after 1st April 2019 and who, immediately before death, had diffuse mesothelioma.

Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations

2.  In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008(2)—

(a) for Table 1 substitute the Table set out in Part 1 of the Schedule to these Regulations; and

(b) for Table 2 substitute the Table set out in Part 2 of the Schedule to these Regulations.

Revocation

3.  The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019(3) are revoked.

Sealed with the Official Seal of the Department for Communities on 26th September 2019

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Regulation 2

SCHEDULE

Part 1

“Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at first diagnosis, or, if unknown, at date of claim		Payment
		£
	37 and under	92,259
	38	90,465
	39	88,675
	40	86,885
	41	85,091
	42	83,300
	43	82,407
	44	81,506
	45	80,614
	46	79,717
	47	78,821
	48	76,318
	49	73,810
	50	71,298
	51	68,793
	52	66,278
	53	64,489
	54	62,700
	55	60,912
	56	59,112
	57	57,322
	58	52,666
	59	48,006
	60	43,355
	61	38,695
	62	34,038
	63	31,170
	64	28,301
	65	25,440
	66	22,572
	67	19,707
	68	19,123
	69	18,537
	70	17,961
	71	17,378
	72	16,798
	73	16,302
	74	15,797
	75	15,314
	76	14,828
	77 and over	14,334”

Part 2

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death			Payment
				£
	37 and under	48,013
	38	46,980
	39	45,950
	40	44,921
	41	43,891
	42	42,861
	43	41,875
	44	40,881
	45	39,902
	46	38,917
	47	37,934
	48	36,725
	49	35,512
	50	34,306
	51	33,100
	52	31,892
	53	30,901
	54	29,919
	55	28,934
	56	27,942
	57	26,960
	58	24,233
	59	21,497
	60	18,768
	61	16,034
	62	13,299
	63	12,518
	64	11,743
	65	10,949
	66	10,167
	67 and over	7,949”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and re-enact the provisions of the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019 which would otherwise cease to have effect by virtue of section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008. These Regulations amend the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 to increase amounts of lump sums payable to people with diffuse mesothelioma or to their dependants under the Mesothelioma, etc., Act (Northern Ireland) 2008. The increase in the amounts paid from 1st April 2019 in each case is 2.4 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

2008 c. 9 (N.I.); see section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(2)

S.R. 2008 No. 354; relevant amending Regulations are S.R. 2019 No. 57

(3)

S.R. 2019 No. 57