The Mesothelioma Lump Sum Payments (2022 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023 No. 28

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

Statutory Rules of Northern Ireland

2023 No. 28

Social Security

The Mesothelioma Lump Sum Payments (2022 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023

Made

8th March 2023

Coming into operation

27th March 2023

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 N.I.

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (2022 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 27th March 2023.

(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 2022, 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 2022; and

(b) paragraph (b) applies only in relation to the dependant of a person who dies on or after 1st April 2022 and who, immediately before death, had diffuse mesothelioma.

Commencement Information

I1 Reg. 1 in operation at 27.3.2023, see reg. 1(1)

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

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.

Commencement Information

I2 Reg. 2 in operation at 27.3.2023 with application in accordance with reg. 1(2), see reg. 1(1)

Revocation N.I.

3.  The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2022(3) are revoked.

Commencement Information

I3 Reg. 3 in operation at 27.3.2023, see reg. 1(1)

Sealed with the Official Seal of the Department for Communities on 8th March 2023

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Regulation 2

SCHEDULE N.I.

PART 1 N.I.

Commencement Information

I4 Sch. Pt. 1 in operation at 27.3.2023 with application in accordance with reg. 1(2), see reg. 1(1)

“Table 1

Amount 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	97,219
38	95,329
39	93,443
40	91,557
41	89,667
42	87,779
43	86,838
44	85,888
45	84,948
46	84,003
47	83,059
48	80,421
49	77,779
50	75,132
51	72,492
52	69,842
53	67,956
54	66,072
55	64,188
56	62,291
57	60,403
58	55,498
59	50,587
60	45,686
61	40,776
62	35,868
63	32,847
64	29,823
65	26,807
66	23,786
67	20,766
68	20,151
69	19,533
70	18,926
71	18,312
72	17,701
73	17,179
74	16,647
75	16,137
76	15,625
77 or over	15,105”

PART 2 N.I.

Commencement Information

I5 Sch. Pt. 2 in operation at 27.3.2023 with application in accordance with reg. 1(2), see reg. 1(1)

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death	Payment £
37 or under	50,594
38	49,507
39	48,421
40	47,336
41	46,251
42	45,166
43	44,127
44	43,079
45	42,047
46	41,010
47	39,974
48	38,700
49	37,422
50	36,150
51	34,880
52	33,606
53	32,562
54	31,528
55	30,490
56	29,444
57	28,409
58	25,536
59	22,652
60	19,777
61	16,897
62	14,014
63	13,192
64	12,375
65	11,538
66	10,714
67 or over	8,376”

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) 2022 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 3.1 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. 2022 No. 229

(3)

S.R. 2022 No. 229