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

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012 ISBN 978-0-11-152062-8

Draft Regulations laid before Parliament under section 7(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2012 No. 0000

Social Security

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

Made

2012

Coming into force

1st April 2012

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1), (2) and (4) and 7(2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979(1).

In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and application

1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012 and come into force on 1st April 2012.

(2) These Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.

Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

2.  In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988(2)—

(a)in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,731” substitute “£2,873”;

(b)in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,648” (in both places) substitute “£5,942”; and

(c)for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Work and Pensions

Name

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Date

Regulation 2(c)

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 (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).

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

(2) 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.  Part A of the table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 1992(3) or under any corresponding provision of the former Industrial Injuries Acts(4), or would be payable but for the disablement amounting to less than the appropriate percentage.

5.  Part B of the table prescribes payments to disabled persons to whom an allowance is payable under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 or under any corresponding provision of the former Old Cases Acts(5).

Part A

Age of disabled person

Percentage assessment for the relevant period

10% or

less

£

11%-

20%

£

21%-

30%

£

31%-

40%

£

41%-

50%

£

51%-

60%

£

61%-

70%

£

71%-

80%

£

81%-

90%

£

91%-

100%

£

37 and under33,24659,37269,66071,64173,61975,20276,78578,36979,95181,536
3832,29656,99467,56269,98072,03373,61975,20276,78578,36979,951
3931,34554,61965,46568,31570,45571,82573,61975,20276,78578,369
4030,39852,24263,36766,65168,86670,45372,03373,61975,20276,787
4129,44749,87161,27164,98567,28868,86670,45372,03373,61975,202
4228,49147,49859,17163,33165,70367,28868,86670,45372,03373,619
4327,07344,72457,07462,06264,59766,49768,07769,66071,24572,829
4425,64641,95454,97460,79663,48765,70367,28868,86670,45372,033
4524,22539,18452,87759,52762,38164,90866,49768,07769,66071,245
4622,79836,41550,78258,26361,27164,12265,70367,28868,86670,453
4721,37633,64348,68256,99460,16463,33164,90866,49768,07769,660
4820,14732,53447,02354,46358,26361,10962,69664,27865,85767,447
4918,92031,42745,35951,92956,36558,89360,47862,06263,64765,231
5017,69330,31943,72849,39754,46356,67758,26359,84461,42663,011
5116,46629,21042,03246,86252,56154,46356,06157,62559,21260,796
5215,23928,10240,37244,32950,66052,24253,83255,41256,99458,575
5314,08926,12537,83642,11448,76150,66052,24253,83255,41256,994
5412,94224,14735,30339,90146,86249,08250,66052,24253,83255,412
5511,79622,16732,77637,67844,96047,49849,08250,66052,24253,832
5610,64620,18630,24035,46443,06545,91147,49849,08250,66052,242
579,49918,20527,70733,24641,17044,33045,91147,49849,08250,660
588,74716,54524,74129,84037,04639,97741,67843,34344,96146,546
597,99314,88121,76826,44032,92935,62037,44139,18440,84642,427
607,24713,21818,79923,03428,81831,26933,20335,02936,73238,316
616,48911,55615,83519,63024,69826,91428,97130,87332,61434,197
625,7399,89512,86416,22720,58222,56024,74126,71828,49130,081
635,3438,94411,55614,50918,30920,26222,32424,22525,96327,546
644,9567,99310,25012,78316,02817,97119,91121,73023,42925,012
654,5537,0458,94411,06613,75615,67417,49419,23820,90022,483
664,1596,0977,6389,33911,47913,37715,08016,74018,36619,949
673,7625,1456,3307,6199,20411,08512,66614,24815,83517,416
683,6594,9826,1147,3048,88810,64612,17113,81415,33516,900
693,5634,8305,9006,9878,57210,21211,67913,37714,84416,384
703,4624,6735,6786,6708,2539,77311,18312,94214,34615,873
713,3664,5105,4626,3517,9359,33910,68912,50713,85515,359
723,2664,3545,2446,0377,6198,90810,19112,07113,35514,844
733,1844,2775,1665,9187,4998,7089,99411,75712,96414,407
743,1084,1955,0865,7997,3858,5089,79911,44112,56813,962
753,0304,1195,0095,6787,2618,3129,59711,12212,17113,534
762,9494,0344,9275,5627,1438,1179,40310,80611,77113,104
77 and over2,8733,9574,8505,4407,0257,9159,20410,49411,38112,666

Part B

Age of disabled person

Extent of incapacity for the relevant period

Partial

£

Total

£

37 and under59,37281,536
3856,99479,951
3954,61978,369
4052,24276,787
4149,87175,202
4247,49873,619
4344,72472,829
4441,95472,033
4539,18471,245
4636,41570,453
4733,64369,660
4832,53467,447
4931,42765,231
5030,31963,011
5129,21060,796
5228,10258,575
5326,12556,994
5424,14755,412
5522,16753,832
5620,18652,242
5718,20550,660
5816,54546,546
5914,88142,427
6013,21838,316
6111,55634,197
629,89530,081
638,94427,546
647,99325,012
657,04522,483
666,09719,949
675,14517,416
684,98216,900
694,83016,384
704,67315,873
714,51015,359
724,35414,844
734,27714,407
744,19513,962
754,11913,534
764,03413,104
77 and over3,95712,666

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 (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).

3.(1) Parts A and B of the table prescribe payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma.

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

4.  Part A of the table prescribes payments to—

(a)dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits Act 1992(6) is payable;

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

(c)dependants of a person to whom disablement benefit would have been payable immediately before that person died but for the occurrence of one of the circumstances listed in regulation 5(1)(a)(iii), or but for the person’s disablement amounting to less than the appropriate percentage.

5.  Part B of the table prescribes payments to—

(a)dependants to whom death benefit has been paid under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992; and

(b)dependants of persons to whom an allowance was payable under such a scheme or under a scheme made, or having effect as if made, under any corresponding provision of the former Old Cases Acts.

Part A

Age of disabled person

Percentage assessment for the relevant period

10% or less

11%-20%

21%-30%

31%-49%

50% and over

£

£

£

£

£

37 and under21,05835,90340,25441,44542,432
3820,58334,55639,06740,25441,520
3920,11033,21037,88039,06640,610
4019,62931,86336,69237,88039,700
4119,15730,51935,50436,69238,790
4218,68629,17734,31635,50437,880
4317,82827,43233,24734,43437,009
4416,97925,68532,17533,36836,129
4516,13023,94531,11032,29735,264
4615,27722,20229,94931,22834,394
4714,42720,46128,97630,16433,525
4813,77719,98628,18629,33232,455
4913,11919,51227,38928,50031,386
5012,46819,03526,60127,66430,318
5111,81618,56325,81026,83829,253
5211,16218,08925,01826,00528,186
5310,86316,97923,51524,85727,309
5410,56815,87022,00723,70926,441
5510,27314,76220,50322,56325,570
569,97613,65418,99921,41724,695
579,49912,55017,49420,26723,827
588,74711,75315,77618,25021,417
597,99310,96114,05516,22918,999
607,24710,17512,32914,21016,586
616,4899,38010,61012,19214,170
625,7398,5938,88510,17511,753
635,3438,5318,7719,79511,064
644,9567,9938,6469,42010,379
654,5537,0458,5319,0429,676
664,1596,0977,6388,6688,986
67 and over2,8733,9574,8505,4407,915

Part B

Age of disabled person

Extent of incapacity for the relevant period

Partial

£

Total

£

37 and under35,90342,432
3834,55641,520
3933,21040,610
4031,86339,700
4130,51938,790
4229,17737,880
4327,43237,009
4425,68536,129
4523,94535,264
4622,20234,394
4720,46133,525
4819,98632,455
4919,51231,386
5019,03530,318
5118,56329,253
5218,08928,186
5316,97927,309
5415,87026,441
5514,76225,570
5613,65424,695
5712,55023,827
5811,75321,417
5910,96118,999
6010,17516,586
619,38014,170
628,59311,753
638,53111,064
647,99310,379
657,0459,676
666,0978,986
67 and over3,9577,915

Part C

Age of disabled person

Payment

£

37 and under42,432
3841,520
3940,610
4039,700
4138,790
4237,880
4337,009
4436,129
4535,264
4634,394
4733,525
4832,455
4931,386
5030,318
5129,253
5228,186
5327,309
5426,441
5525,570
5624,695
5723,827
5821,417
5918,999
6016,586
6114,170
6211,753
6311,064
6410,379
659,676
668,986
67 and over7,915

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c.41) (“the Act”) lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled before they died.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the Pneumoconiosis Regulations”). Regulation 2(c) of these Regulations substitutes a new Schedule into the Pneumoconiosis Regulations so as to increase amounts payable under it. The increase in each case is 5.2 per cent. rounded up or down to the nearest £1 as appropriate.

The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

1979 c.41; section 1 was amended by section 24 of the Social Security Act 1985 (c.53) and section 7(3) was amended by section 58 of the Welfare Reform Act 2007 (c.5).

(2)

S.I. 1988/668; relevant amending instruments are S.I. 1989/552, 2008/650, 2008/1963, 2009/747, 2010/1106 and 2011/1026.

(4)

“the former Industrial Injuries Acts” is defined in section 2(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

(5)

“the former Old Cases Acts” is defined in section 2(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

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