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The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997

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Regulation 2

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, as the case may be, 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(3) or, in the case of a disabled person to whom regulation 6 applies, the person specified in paragraph (1)(b) of that regulation.

(3) The age to be taken for the purpose of determining the amount payable to a disabled person is his age on the date specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies, his age on the date specified in paragraph (1) of that regulation. 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 deduced 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.

PART APAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFIT UNDER SECTION 108 OF THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS, OR WOULD BE PAYABLE BUT FOR THE DISABLEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE.

Age of disabled personPercentage assessment for the relevant period
10% or less11–20%21–30%40%50%60%70%80%90%100%
££££££££££
37 and under21,45238,30944,94946,22647,50248,52349,54750,56751,58952,610
3820,83936,77643,59545,15546,48047,50248,52349,54750,56751,589
3920,22635,24342,24244,08045,46146,48047,50248,52349,54750,567
4019,61433,71040,88943,00744,43645,46146,48047,50248,52349,547
4119,00132,17939,53541,93343,41744,43645,46146,48047,50248,523
4218,38630,64838,18140,86442,39543,41744,43645,46146,48047,502
4317,46928,85936,82740,04641,68242,90643,92744,94945,97046,994
4416,55027,07135,47339,22840,96442,39543,41744,43645,46146,480
4515,63125,28334,12038,41140,25041,88442,90643,92744,94945,970
4614,71023,49632,76837,59439,53541,37342,39543,41744,43645,461
4713,79221,70831,41336,77638,82040,86441,88442,90643,92744,949
4812,99920,99130,34135,14137,59439,43040,45541,47542,49543,520
4912,20720,27829,26833,50736,37038,00139,02340,04641,06842,089
5011,41719,56328,21631,87335,14136,57137,59438,61539,63640,658
5110,62518,84827,12130,23933,91635,14136,17337,18338,20739,228
529,83218,13326,05128,60432,68933,71034,73535,75436,77637,797
539,09116,85724,41527,17431,46332,68933,71034,73535,75436,776
548,35115,58022,78025,74530,23931,66932,68933,71034,73535,754
557,61014,30221,14724,31329,01230,64831,66932,68933,71034,735
566,86913,02419,51222,88427,78729,62530,64831,66932,68933,710
576,13011,74717,87821,45226,56428,60429,62530,64831,66932,689
585,64410,67715,96319,25523,90325,79526,89327,96629,01230,034
595,1589,60214,04617,06121,24722,98524,15925,28326,35727,376
604,6758,52912,13114,86218,59420,17721,42622,60323,70224,723
614,1887,45610,21612,66715,93717,36718,69319,92121,04522,065
623,7046,3858,30010,47013,28214,55715,96317,23918,38619,409
633,4475,7717,4569,36211,81313,07514,40415,63116,75317,775
643,1965,1586,6148,24910,34311,59512,84714,02115,11816,140
652,9384,5465,7717,1418,87510,11311,28812,41313,48614,507
662,6823,9354,9296,0267,4088,6329,73110,80211,85112,871
672,4273,3204,0854,9165,9387,1528,1739,19510,21611,237
682,3613,2163,9464,7115,7366,8697,8538,9139,89510,905
692,2983,1153,8064,5095,5316,5907,5368,6329,58010,572
702,2343,0153,6644,3035,3256,3077,2158,3519,25810,242
712,1722,9113,5254,0985,1206,0266,8968,0728,9409,911
722,1082,8103,3843,8964,9165,7476,5767,7908,6189,580
732,0552,7613,3333,8194,8395,6186,4497,5868,3649,297
742,0052,7063,2823,7414,7655,4906,3227,3818,1109,009
751,9562,6573,2323,6644,6855,3636,1947,1767,8538,734
761,9032,6043,1783,5894,6105,2386,0676,9737,5978,455
77 and over1,8522,5533,1293,5114,5335,1085,9386,7717,3428,173

PART BPAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SCHEDULE 8, PARAGRAPH 4 TO THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Age of disabled personExtent of incapacity for the relevant period
PartialTotal
££
37 and under38,30952,610
3836,77651,589
3935,24350,567
4033,71049,547
4132,17948,523
4230,64847,502
4328,85946,994
4427,07146,480
4525,28345,970
4623,49645,461
4721,70844,949
4820,99143,520
4920,27842,089
5019,56340,658
5118,84839,228
5218,13337,797
5316,85736,776
5415,58035,754
5514,30234,735
5613,02433,710
5711,74732,689
5810,66730,034
599,60227,376
608,52924,723
617,45622,065
626,38519,409
635,77117,775
645,15816,140
654,54614,507
663,93512,871
673,32011,237
683,21610,905
693,11510,572
703,01510,242
712,9119,911
722,8109,580
732,7619,297
742,7069,009
752,6578,734
762,6048,455
77 and over2,5538,173

TABLE 2

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

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

PART APAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER SECTION 108 OF THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 IS PAYABLE, OR TO DEPENDANTS OF PERSONS TO WHOM DISABLEMENT BENEFIT UNDER THAT SECTION OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER INDUSTRIAL INJURIES ACTS WAS PAYABLE, OR TO DEPENDANTS OF A PERSON TO WHOM DISABLEMENT BENEFIT WOULD HAVE BEEN PAYABLE IMMEDIATELY BEFORE HE DIED BUT FOR THE OCCURRENCE OF ONE OF THE CIRCUMSTANCES LISTED IN REGULATION 5(1)(a)(iii) OR BUT FOR HIS DISABLEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE, IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding deathPercentage assessment for the relevant period
10% or less11%–20%21%–30%40%50% and over
£££££
37 and under10,08819,66722,47423,24123,880
389,78218,79821,70822,47423,291
399,47717,92820,94321,70822,705
409,16717,06120,17720,94322,116
418,86116,19319,40920,17721,529
428,55715,32718,64219,40920,943
438,00514,20117,95418,72020,381
447,45613,07517,26318,03019,813
456,90911,95316,57517,34119,255
466,35910,82615,82616,65018,693
475,8109,70315,19715,96318,133
485,3909,39714,68715,42717,443
494,9679,09114,17314,89116,753
504,5468,78513,66514,35316,064
514,1258,47913,15313,81715,375
523,7048,17312,64313,28214,687
533,5117,45611,67312,54014,122
543,3206,74110,70111,80013,561
553,1296,0269,73111,05912,999
562,9385,3128,76010,31912,436
572,7444,5987,7909,58011,875
582,5664,0856,6798,27610,319
592,3853,5755,5686,9738,760
602,2093,0664,4555,6707,203
612,0322,5533,3464,3685,644
621,8522,0442,2343,0664,085
631,8522,0052,1592,8213,641
641,8521,9662,0802,5793,196
651,8521,9292,0052,3362,744
661,8521,8921,9292,0942,298
67 and over1,8521,8521,8521,8521,852

PART BPAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SCHEDULE 8, PARAGRAPH 4, TO THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 HAS BEEN PAID, OR TO DEPENDANTS OF PERSONS TO WHOM AN ALLOWANCE 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 WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding deathExtent of incapacity for the relevant period
PartialTotal
££
37 or under19,66723,880
3818,79823,291
3917,92822,705
4017,06122,116
4116,19321,529
4215,32720,943
4314,20120,381
4413,07519,813
4511,95319,255
4610,82618,693
479,70318,133
489,39717,443
499,09116,753
508,78516,064
518,47915,375
528,17314,687
537,45614,122
546,74113,561
556,02612,999
565,31212,436
574,59811,875
584,08510,319
593,5758,760
603,0667,203
612,5535,644
622,0444,085
632,0053,641
641,9663,196
651,9292,744
661,8922,298
67 or over1,8521,852

PART CPAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSE MESOTHELIOMA.

Age of disabled person at his last birthday preceding deathPayment
£
37 and under23,880
3823,291
3922,705
4022,116
4121,529
4220,943
4320,381
4419,813
4519,255
4618,693
4718,133
4817,443
4916,753
5016,064
5115,375
5214,687
5314,122
5413,561
5512,999
5612,436
5711,875
5810,319
598,760
607,203
615,644
624,085
633,641
643,196
652,744
662,298
67 and over1,852

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