Regulations made by the Department for Communities and laid before the Assembly under section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008 for approval of the Assembly before the expiration of six months from the date of their coming into operation

2019 No. 47

Social Security

The Mesothelioma Lump Sum Payments (2018 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019

Made

Coming into operation

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(3) and 9(2)(a) of the Mesothelioma, etc., Act (Northern Ireland) 20081.

Citation, commencement and application1

1

These Regulations may be cited as the Mesothelioma Lump Sum Payments (2018 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 26th March 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 2018; 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 2018; and

b

paragraph (b) applies only in relation to the dependant of a person who dies on or after 1st April 2018 and who, immediately before death, had diffuse mesothelioma.

Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations2

In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 20082

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.

Revocation3

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2018 are revoked3.

Sealed with the Official Seal of the Department for Communities on 19th March 2019

(L.S.)Anne McClearyA senior officer of the Department for Communities

SCHEDULE

Regulation 2

Part 1

Table 1Amount 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

90,097

38

88,345

39

86,597

40

84,849

41

83,097

42

81,348

43

80,476

44

79,596

45

78,725

46

77,849

47

76,974

48

74,529

49

72,080

50

69,627

51

67,181

52

64,725

53

62,978

54

61,230

55

59,484

56

57,727

57

55,979

58

51,432

59

46,881

60

42,339

61

37,788

62

33,240

63

30,439

64

27,638

65

24,844

66

22,043

67

19,245

68

18,675

69

18,103

70

17,540

71

16,971

72

16,404

73

15,920

74

15,427

75

14,955

76

14,480

77 and over

13,998

Part 2

Table 2Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 and under

46,888

38

45,879

39

44,873

40

43,868

41

42,862

42

41,856

43

40,894

44

39,923

45

38,967

46

38,005

47

37,045

48

35,864

49

34,680

50

33,502

51

32,324

52

31,145

53

30,177

54

29,218

55

28,256

56

27,287

57

26,328

58

23,665

59

20,993

60

18,328

61

15,658

62

12,987

63

12,225

64

11,468

65

10,692

66

9,929

67 and over

7,763

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 No. 2) Regulations (Northern Ireland) 2018 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 each case is 3 per cent., rounded up or down to the nearest £1 as appropriate.