The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1991 No. 899

Statutory Instruments

1991 No. 899

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims)(Amendment) Regulations 1991

Made

27th March 1991

Coming into force

1st April 1991

The Secretary of State in exercise of the powers conferred on him bysections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act1979(1) (“the Act”) and of all other powers enabling him in that behalf hereby makesthe following Regulations, of which a draft has been approved byresolution 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 1991 and shallcome into force on 1st April 1991.

(2) These Regulations apply in relation to any case in which a personfirst satisfies the conditions of entitlement to a payment under the Acton or after the date on which they come into force.

Interpretation

2.  In these Regulations the“principal Regulations” means the Pneumoconiosis etc. (Workers' Compensation) (Payment ofClaims) Regulations 1988(2).

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended in accordance with thefollowing provisions of this Regulation.

(2) (a) the Schedule to these Regulations shall be substituted for theSchedule to those Regulations, and

(b) the amount of £1,606 shall be substituted for the amount of £1,473in Regulations 5(1) and 8 of those Regulations, and the amount of £3,322shall be substituted for the amount of £3,048 in regulation 6(1) ofthose Regulations.

Signed by order of the Secretary of State.

Eric Forth

Parliamentary Under Secretary of State,

Department of Employment

27th March 1991

Regulations 3, 4, 5 and 6

SCHEDULE

TABLE 1

(1) Table 1 is for the determination of payments to disabled personsunder regulation 3 (or regulation 6), and for the determination ofpayments to dependants of deceased sufferers under regulation 4(1).

(2) The relevant period is the period specified in regulation 3(2) or3(3) or, in the case of a disabled person to whom regulation 6 applies(Payment where pneumoconiosis is accompanied by tuberculosis), theperiod specified in paragraph (1)(b) of that regulation.

(3) The age to be taken for the purpose of determining the amountpayable to a disabled person is his age on the date specified inregulation 3(2) or 3(3) or, in the case of a disabled person to whomregulation 6 applies (Payment where pneumoconiosis is accompanied bytuberculosis) his age on the date specified in paragraph (1) of thatregulation. With a view to determining the amount payable to a dependantof a disabled person under regulation 4(1), the age to be taken for thepurpose of calculating the sum to be deducted from the amount whichwould have been payable to the disabled person had he still been aliveis the age of the deceased at his last birthday preceding his death.

PART A PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFITUNDER SECTION 76 OF THE SOCIAL SECURITY ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS, OR WOULDBE PAYABLE BUT FOR THE DISABLEMENT AMOUNTING TO LESS THAN THEAPPROPRIATE PERCENTAGE.

Age of disabled person	Percentage assessment for the relevant period
	10% or less	11–20%	21–30%	40%	50%	60%	70%	80%	90%	100%
	£	£	£	£	£	£	£	£	£	£
37 and under	18,600	33,216	38,972	40,080	41,187	42,072	42,959	43,844	44,730	45,615
38	18,069	31,887	37,799	39,151	40,300	41,187	42,072	42,959	43,844	44,730
39	17,537	30,557	36,626	38,219	39,416	40,300	41,187	42,072	42,959	43,844
40	17,007	29,229	35,452	37,289	38,529	39,416	40,300	41,187	42,072	42,959
41	16,475	27,901	34,278	36,358	37,645	38,529	39,416	40,300	41,187	42,072
42	15,942	26,572	33,105	35,430	36,758	37,645	38,529	39,416	40,300	41,187
43	15,146	25,022	31,930	34,722	36,139	37,201	38,086	38,972	39,858	40,745
44	14,349	23,471	30,757	34,012	35,518	36,758	37,645	38,529	39,416	40,300
45	13,552	21,922	29,584	33,304	34,899	36,315	37,201	38,086	38,972	39,858
46	12,754	20,372	28,410	32,595	34,278	35,872	36,758	37,645	38,529	39,416
46	11,958	18,822	27,236	31,887	33,658	35,430	36,315	37,201	38,086	38,972
48	11,270	18,200	26,307	30,469	32,595	34,189	35,075	35,961	36,846	37,733
49	10,584	17,582	25,376	29,051	31,533	32,949	33,835	34,722	35,608	36,493
50	9,899	16,962	24,446	27,636	30,469	31,709	32,595	33,480	34,366	35,252
51	9,212	16,342	23,515	26,218	29,407	30,469	31,355	32,240	33,127	34,012
52	8,525	15,722	22,587	24,801	28,343	29,229	30,116	31,000	31,887	32,771
53	7,882	14,615	21,169	23,561	27,280	28,343	29,229	30,116	31,000	31,887
54	7,241	13,508	19,751	22,322	26,218	27,458	28,343	29,229	30,116	31,000
55	6,599	12,400	18,336	21,081	25,154	26,572	27,458	28,343	29,229	30,116
56	5,956	11,293	16,917	19,841	24,093	25,687	26,572	27,458	28,343	29,229
57	5,314	10,186	15,501	18,600	23,030	24,801	25,687	26,572	27,458	28,343
58	4,894	9,257	13,841	16,695	20,725	22,365	23,317	24,248	25,154	26,040
59	4,472	8,325	12,178	14,793	18,422	19,929	20,947	21,922	22,852	23,736
60	4,053	7,395	10,518	12,887	16,122	17,494	18,577	19,598	20,550	21,435
61	3,631	6,465	8,857	10,983	13,818	15,058	16,208	17,272	18,247	19,131
62	3,211	5,536	7,197	9,078	11,516	12,622	13,841	14,948	15,942	16,829
63	2,989	5,005	6,465	8,117	10,242	11,336	12,489	13,552	14,526	15,411
64	2,770	4,472	5,734	7,152	8,969	10,053	11,139	12,157	13,109	13,994
65	2,548	3,942	5,005	6,190	7,695	8,769	9,787	10,762	11,692	12,578
66	2,326	3,411	4,274	5,225	6,423	7,485	8,437	9,366	10,275	11,160
67	2,105	2,878	3,542	4,262	5,149	6,201	7,086	7,972	8,857	9,743
68	2,048	2,789	3,421	4,085	4,972	5,956	6,809	7,728	8,580	9,455
69	1,993	2,701	3,300	3,909	4,795	5,714	6,533	7,485	8,306	9,166
70	1,937	2,613	3,177	3,731	4,617	5,469	6,256	7,241	8,027	8,881
71	1,883	2,524	3,057	3,553	4,439	5,225	5,979	6,998	7,751	8,593
72	1,828	2,436	2,934	3,378	4,262	4,983	5,701	6,754	7,472	8,306
73	1,782	2,393	2,890	3,311	4,196	4,871	5,591	6,577	7,252	8,060
74	1,738	2,346	2,846	3,244	4,131	4,760	5,481	6,399	7,031	7,817
75	1,695	2,304	2,802	3,177	4,062	4,650	5,370	6,223	6,809	7,572
76	1,650	2,258	2,756	3,111	3,996	4,541	5,260	6,046	6,587	7,330
77 and over	1,606	2,214	2,713	3,044	3,930	4,429	5,149	5,870	6,366	7,086

PART B PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER ASCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THEINDUSTRIAL INJURIES AND DISEASES (OLD CASES) ACT 1975 OR UNDER ANYCORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

	Age of disabled person
Extent of incapacity for the relevant period		Partial	Total
	£	£
37 and under	33,216	45,615
38	31,887	44,730
39	30,557	43,844
40	29,229	42,959
41	27,901	42,072
42	26,572	41,187
43	25,022	40,745
44	23,471	40,300
45	21,922	39,858
46	20,372	39,416
47	18,822	38,972
48	18,200	37,733
49	17,582	36,493
50	16,962	35,252
51	16,342	34,012
52	15,722	32,771
53	14,615	31,887
54	13,508	31,000
55	12,400	30,116
56	11,293	29,229
57	10,186	28,343
58	9,257	26,040
59	8,325	23,736
60	7,395	21,435
61	6,465	19,131
62	5,536	16,829
63	5,005	15,411
64	4,472	13,994
65	3,942	12,578
66	3,411	11,160
67	2,878	9,743
68	2,789	9,455
69	2,701	9,166
70	2,613	8,881
71	2,524	8,593
72	2,436	8,306
73	2,393	8,060
74	2,346	7,817
75	2,304	7,572
76	2,258	7,330
77 and over	2,214	7,086

TABLE 2

(1) Table 2 is for the determination of payments to dependants ofdeceased sufferers who died as a result of the disease under regulation4(2) or regulation 4(6).

(2) The relevant period is the period specified in regulation 3(2) or3(3) or, in the case of a disabled person to whom regulation 6 applies(Payment where pneumoconiosis is accompanied by tuberculosis), theperiod specified in paragraph (1)(b) of that regulation.

PART A PAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER SECTION 76 OF THESOCIAL SECURITY ACT 1975 IS PAYABLE, OR TO DEPENDANTS OF PERSONS TO WHOMDISABLEMENT BENEFIT UNDER THAT SECTION OR UNDER ANY CORRESPONDINGPROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS WAS PAYABLE, OR TODEPENDANTS OF A PERSON TO WHOM DISABLEMENT BENEFIT WOULD HAVE BEENPAYABLE IMMEDIATELY BEFORE HE DIED BUT FOR THE OCCURRENCE OF ONE OF THECIRCUMSTANCES LISTED IN REGULATION 5(I)(a)(iii) OR BUT FOR THISDISPLACEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE, INCIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASEOTHER THAN DIFFUSE MESOTHELIOMA.

	Age of disabled person at his last birthday preceding death
		Percentage assessment for the relevant period
		10% or less	11%–20%	21%–30%	40%	50% and over
		£	£	£	£	£
37 and under		8,747	17,051	19,486	20,151	20,705
38	8,481	16,298	18,822	19,486	20,194
39	8,216	15,545	18,158	18,822	19,686
40	7,948	14,793	17,494	18,158	19,176
41	7,683	14,040	16,829	17,494	18,667
42	7,419	13,287	16,164	16,829	18,158
43	6,941	12,312	15,566	16,231	17,671
44	6,465	11,336	14,968	15,633	17,178
45	5,990	10,364	14,371	15,035	16,695
46	5,512	9,388	13,772	14,436	16,208
47	5,038	8,413	13,176	13,841	15,722
48	4,672	8,148	12,734	13,375	15,124
49	4,307	7,882	12,289	12,910	14,526
50	3,942	7,617	11,848	12,444	13,928
51	3,576	7,351	11,405	11,980	13,330
52	7,086	10,961	11,516	12,734
53	3,044	6,465	10,120	10,873	12,245
54	2,878	5,846	9,277	10,230	11,758
55	2,713	5,225	8,437	9,589	11,270
56	2,548	4,606	7,595	8,947	10,783
57	2,380	3,987	6,754	8,306	10,296
58	2,225	3,542	5,791	7,176	8,947
59	2,069	3,100	4,828	6,046	7,595
60	1,916	2,658	3,864	4,916	6,245
61	1,762	2,214	2,901	3,788	4,894
62	1,606	1,771	1,937	2,658	3,542
63	1,606	1,738	1,872	2,446	3,156
64	1,606	1,705	1,804	2,236	2,770
65	1,606	1,672	1,738	2,026	2,380
66	1,606	1,640	1,672	1,815	1,993
67 and over	1,606	1,606	1,606	1,606	1,606

PART B PAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES ANDDISEASES (OLD CASES) ACT 1975 HAS BEEN PAID, OR TO DEPENDANTS OF PERSONSTO WHOM AN ALLOWANCE UNDER SUCH A SCHEME OR UNDER A SCHEME MADE ORHAVING EFFECT AS IF MADE UNDER ANY CORRESPONDING PROVISION OF THE FORMEROLD CASES ACTS WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSONDIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

	Age of disabled person at his last birthday preceding death
Extent of incapacity for the relevant period		Partial	Total
	£	£
37 and under	17,051	20,705
38	16,298	20,194
39	15,545	19,686
40	14,793	19,176
41	14,040	18,667
42	13,287	18,158
43	12,312	17,671
44	11,336	17,178
45	10,364	16,695
46	9,388	16,208
47	8,413	15,722
48	8,148	15,124
49	7,882	14,526
50	7,617	13,928
51	7,351	13,330
52	7,086	12,734
53	6,465	12,245
54	5,846	11,758
55	5,225	11,270
56	4,606	10,783
57	3,987	10,296
58	3,542	8,947
59	3,100	7,595
60	2,658	6,245
61	2,214	4,894
62	1,771	3,542
63	1,738	3,156
64	1,705	2,770
65	1,672	2,380
66	1,640	1,993
67 and over	1,606	1,606

PART C PAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSEMESOTHELIOMA.

Age of disabled person at his last birthday preceding death	Payment
	£
37 and under	20,705
38	20,194
39	19,686
40	19,176
41	18,667
42	18,158
43	17,671
44	17,178
45	16,695
46	16,208
47	15,722
48	15,124
49	14,526
50	13,928
51	13,330
52	12,734
53	12,245
54	11,758
55	11,270
56	10,783
57	10,296
58	8,947
59	7,595
60	6,245
61	4,894
62	3,542
63	3,156
64	2,770
65	2,380
66	1,993
67 and over	1,606

Explanatory Note

(This note is not part of the Regulations)

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims)Regulations 1988 (the 1988 Regulations), as amended by thePneumoconiosis etc. (Workers' Compensation) (Payment of Claims)(Amendment) Regulations 1989 and the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1990,prescribe the amount of payments to be made under the Pneumoconiosisetc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security Act 1985 and the SocialSecurity Act 1986, to persons disabled by a disease to which the Actapplies, or to dependants of persons who immediately before they diedwere disabled by such a disease. The diseases to which the Act appliesare pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinomaof the lung (where accompanied by asbestosis or bilateral diffusepleural thickening) and bilateral diffuse pleural thickening.

These Regulations further amend the 1988 Regulations by increasingthe amount of payments in any case in which a person first becomesentitled to a payment on or after the date when these Regulations comeinto force. The increase in each case is 9 per cent. rounded up or downto the nearest £1 as appropriate.

(1)

1979 c. 41; sections 1 and 4 of the Act were amended bysection 24 of the Social Security Act 1985 (c. 53) and section 2 wasamended by section 39 of and Schedule 3 to the Social Security Act 1986(c.50).

(2)

S.I. 1988/668, as amended by S.I. 1989/552, 1990/825.