Search Legislation

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2019

What Version

 Help about what version
  • Draft legislation

Opening Options

 Help about opening options

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2019 No. 412

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

2019 No. XXXX

Social Security

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2019

Made

***

Coming into force

1st April 2019

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(1) and (2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979(1).

In accordance with section 7(3)(2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, a draft of this instrument was laid before, 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 2019 and come into force on 1st April 2019.

(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 1st April 2019.

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

2.—(1) The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988(3) are amended as follows.

(2) In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma) for “£3,174” substitute “£3,250”.

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£6,566” (in both places) substitute “£6,724”.

(4) In regulation 8 (minimum amount payable to dependant) for £3,174” substitute “£3,250”.

(5) In the Schedule—

(a)in the part headed “TABLE 1”, for the table after the preamble substitute—

“Age of

disabled

person

Percentage assessment for the relevant period

10%

or under

£

11%

-20%

£

21%

-30%

£

31%

-40%

£

41%

-50%

£

51%

-60%

£

61%

-70%

£

71%

-80%

£

81%

-90%

£

91%

-100%

£

37 and under37,61867,18178,82181,06383,30085,09186,88388,67590,46592,259
3836,54364,48976,44779,18381,50683,30085,09186,88388,67590,465
3935,46861,80274,07477,30079,72081,27283,30085,09186,88388,675
4034,39659,11271,70075,41677,92179,71781,50683,30085,09186,885
4133,32156,43069,33073,53076,13877,92179,71781,50683,30085,091
4232,23953,74666,95371,66174,34476,13877,92179,71781,50683,300
4330,63450,60564,58170,22473,09275,24277,03078,82180,61482,407
4429,01847,47262,20368,79371,83774,34476,13877,92179,71781,506
4527,41044,33759,83167,35770,58573,44475,24277,03078,82180,614
4625,79741,20557,46065,92669,33072,55674,34476,13877,92179,717
4724,18738,06755,08464,48968,07771,66173,44475,24277,03078,821
4822,79636,81453,20761,62665,92669,14670,94272,73374,51976,318
4921,40835,55951,32558,75863,77866,63968,43270,22472,01773,810
5020,01934,30749,47955,89461,62664,13165,92667,71569,50471,298
5118,63133,05247,56053,02559,47361,62663,43365,20467,00068,793
5217,24231,79645,68150,15957,32259,11260,91262,70064,48966,278
5315,94229,56242,81247,65255,17457,32259,11260,91262,70064,489
5414,64427,32139,94645,14953,02555,53757,32259,11260,91262,700
5513,34925,08237,08642,63450,87353,74655,53757,32259,11260,912
5612,04622,84034,21640,12948,72751,95053,74655,53757,32259,112
5710,74920,59931,35237,61846,58550,16051,95053,74655,53757,322
589,89618,72227,99533,76341,91845,23547,15949,04350,87452,666
599,04516,83824,63129,91837,26040,30542,36644,33746,21848,006
608,19914,95621,27326,06432,60735,38137,57039,63641,56343,355
617,34313,07617,91722,21327,94630,45432,78034,93436,90438,695
626,49311,19614,55618,36023,28925,52727,99530,23332,23934,038
636,04610,12113,07616,41720,71722,92625,25927,41029,37831,170
645,6089,04511,59914,46418,13620,33422,52924,58826,50928,301
655,1527,97210,12112,52015,56617,73519,79521,76723,64925,440
664,7056,8998,64310,56812,98915,13617,06318,94220,78122,572
674,2575,8227,1638,62110,41412,54414,33416,12117,91719,707
684,1405,6376,9198,26610,05712,04613,77215,63117,35219,123
694,0315,4646,6767,9069,70011,55613,21515,13616,79818,537
703,9185,2886,4267,5489,34011,05812,65514,64416,23317,961
713,8085,1036,1817,1858,97810,56812,09514,15315,67717,378
723,6964,9265,9346,8318,62110,08011,53013,65915,11216,798
733,6024,8395,8466,6968,4859,85411,30913,30314,66916,302
743,5164,7475,7556,5638,3569,62711,08712,94614,21915,797
753,4294,6625,6676,4268,2169,40510,86012,58513,77215,314
763,3364,5655,5756,2928,0829,18410,63912,22813,31914,828
77 and over3,2504,4775,4896,1567,9498,95610,41411,87412,87714,334”;

(b)in the part headed “TABLE 2”, for the table after the preamble substitute—

Part A

Age of disabled person on their last birthday before their deathPercentage assessment for the relevant period

10%

or under £

11%-20%

£

21%-30%

£

31%-49%

£

50% or over £
37 and under23,82740,62545,55046,89648,013
3823,29039,10044,20445,55046,980
3922,75437,57842,86144,20345,950
4022,21236,05241,51742,86144,921
4121,67634,53140,17441,51743,891
4221,14333,01438,82940,17442,861
4320,17331,04137,61938,96341,875
4419,21229,06436,40737,75640,881
4518,25127,09535,20036,54539,902
4617,28625,12333,88735,33538,917
4716,32423,15332,78734,13137,934
4815,58822,61531,89233,18936,725
4914,84422,07730,99232,24835,512
5014,10721,53930,09931,30234,306
5113,37021,00329,20430,36833,100
5212,63120,46828,30729,42631,892
5312,29219,21226,60828,12630,901
5411,95717,95824,90126,82829,919
5511,62316,70323,20025,53028,934
5611,28815,44921,49724,23327,942
5710,74914,20019,79522,93126,960
589,89613,29917,85120,65124,233
599,04512,40215,90318,36221,497
608,19911,51313,95016,07918,768
617,34310,61412,00513,79516,034
626,4939,72310,05311,51313,299
636,0469,6539,92411,08212,518
645,6089,0459,78310,65911,743
655,1527,9729,65310,23210,949
664,7056,8998,6439,80810,167
67 and over3,2504,4775,4896,1567,949

Part B

Age of disabled person on their last birthday before their deathPayment £
37 and under48,013
3846,980
3945,950
4044,921
4143,891
4242,861
4341,875
4440,881
4539,902
4638,917
4737,934
4836,725
4935,512
5034,306
5133,100
5231,892
5330,901
5429,919
5528,934
5627,942
5726,960
5824,233
5921,497
6018,768
6116,034
6213,299
6312,518
6411,743
6510,949
6610,167
67 and over7,949.

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

Name

Minister of State

Department for Work and Pensions

Date

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. 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.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the 1988 Regulations”). The amendments made by regulation 2 have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 2.4 per cent rounded up or down to the nearest £1 as appropriate.

By virtue of regulation 1(2), the amendments made by these Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Act on or after 1st April 2019.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1979 c. 41. Section 1 was amended by section 24 of the Social Security Act 1985 (c. 53).

(2)

Section 7(3) was amended by section 58 of the Welfare Reform Act 2007 (c. 5).

(3)

S.I. 1988/668. S.I. 1989/552, S.I. 2013/690, S.I. 2015/503 and S.I. 2018/316 are the relevant amending instruments.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources