Search Legislation

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

1998 No. 1840

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998

Made

25th July 1998

Coming into force

1st September 1998

The Secretary of State, in exercise of the powers conferred on him by sections 1(1), (2) and (4) and 7 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979(1) and of all other powers enabling him in that behalf, hereby makes the following regulations, of which a draft has been approved by 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 1998 and shall come into force on 1st September 1998.

(2) These Regulations shall apply 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 Regulations

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

  • (a)

    for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;

    (b)

    in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,852 there shall be substituted the amount £1,943;

    (c)

    in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £3,832 (in both places) there shall be substituted the amount £4,020.

Signed by authority of the Secretary of State

Angela Eagle

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

25th July 1998

Regulation 2(a)

SCHEDULE

Regulations 3, 4, 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 period specified in regulation 6(1)(b).

(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 regulation 6(1)(b). 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.

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 less £11%– 20% £21%– 30% £31%– 40% £41%– 50% £51%– 60% £61%– 70% £71%– 80% £81%– 90% £91%– 100% £
37 and under22,50340,18747,15148,49149,83050,90151,97553,04554,11755,188
3821,86038,57845,73147,36848,75749,83050,90151,97553,04554,117
3921,21736,97044,31146,24047,68848,75749,83050,90151,97553,045
4020,57635,36242,89245,11446,61447,68848,75749,83050,90151,975
4119,93233,75641,47243,98845,54446,61447,68848,75749,83050,901
4219,28632,14940,05242,86644,47245,54446,61447,68848,75749,830
4318,32530,27338,63142,00843,72445,00946,07947,15148,22349,296
4417,36028,39737,21141,15042,97244,47245,54446,61447.68848,757
4516,39726,52235,79240,29342,22343,93645,00946,07947,15148,223
4615,43124,64834,37339,43641,47243,40144,47245,54446,61447,688
4714,46822,77232,95238,57840,72242,86643,93645,00946,07947,151
4813,63622,02031,82836,86339,43641,36242,43743,50744,57845,652
4912,80621,27230,70235,14938,15239,86340,93642,00843,08144,152
5011,97620,52229,59833,43536,86338,36339,43640,50741,57842,650
5111,14619,77228,45031,72035,57836,86337,94639,00540,07941,150
5210,31419,02127,32730,00534,29135,36236,43737,50638,57839,649
539,53717,68325,61128,50533,00534,29135,36236,43737,50638,578
548,76016,34323,89627,00731,72033,22134,29135,36236,43737,506
557,98315,00322,18425,50430,43332,14933,22134,29135,36236,437
567,20613,66220,46824,00529,14931,07732,14933,22134,29135,362
576,43012,32318,75422,50327,86630,00631,07732,14933,22134,291
585,92111,20016,74620,19825,07427,05928,21029,33730,43331,506
595,41110,07214,73417,89722,28824,11125,34326,52227,64828,717
604,9048,94712,72515,59119,50521,16522,47623,71024,86325,935
614,3937,82210,71713,28716,71818,21819,60920,89722,07623,146
623,8856,6988,70710,98313,93315,27116,74618,08419,28620,360
633,6166,0547,8229,82012,39213,71515,11016,39717,57418,646
643,3535,4116,9388,65310,85012,16313,47714,70815,85916,930
653,0824,7686,0547,4919,31010,60911,84113,02114,14615,218
662,8144,1285,1716,3217,7719,05510,20811,33212,43213,502
672,5463,4824,2855,1576,2297,5038,5739,64510,71711,788
682,4773,3744,1394,9426,0177,2068,2389,35010,38011,439
692,4113,2683,9934,7305,8026,9137,9059,05510,04911,090
702,3443,1623,8434,5145,5866,6167,5698,7609,71110,744
712,2783,0533,6984,2995,3716,3217,2348,4679,37810,397
722,2112,9483,5504,0875,1576,0296,8988,1729,04010,049
732,1562,8963,4974,0065,0765,8946,7657,9588,7749,752
742,1032,8393,4433,9254,9985,7596,6327,7438,5079,451
752,0512,7873,3903,8434,9155,6266,4977,5288,2389,161
761,9962,7313,3343,7654,8355,4946,3647,3157,9698,869
77 and over1,9432,6783,2823,6834,7555,3586,2297,1027,7028,573

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
Partial £Total £
37 and under40,18755,188
3838,57854,117
3936,97053,045
4035,36251,975
4133,75650,901
4232,14949,830
4330,27349,296
4428,39748,757
4526,52248,223
4624,64847,688
4722,77247,151
4822,02045,652
4921,27244,152
5020,52242,650
5119,77241,150
5219,02139,649
5317,68338,578
5416,34337,506
5515,00336,437
5613,66235,362
5712,32334,291
5811,20031,506
5910,07228,717
608,94725,935
617,82223,146
626,69820,360
636,05418,646
645,41116,930
654,76815,218
664,12813,502
673,48211,788
683,37411,439
693,26811,090
703,16210,744
713,05310,397
722,94810,049
732,8969,752
742,8399,451
752,7879,161
762,7318,869
77 and over2,6788,573

TABLE 2

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

(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 regulation 6(1)(b).

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 birthdayPercentage assessment for the relevant period
preceding death10% or less £11%–20% £21%–30% £31%–49% £50% and over £
37 and under10,58220,63123,57524,38025,050
3810,26119,71922,77223,57524,432
399,94118,80721,96922,77223,817
409,61617,89721,16521,96923,200
419,29616,98620,36021,16522,584
428,97716,07819,55620,36021,969
438,39714,89718,83319,63721,380
447,82213,71518,10818,91420,783
457,24812,53817,38718,19120,198
466,67011,35716,60117,46619,609
476,09510,17915,94216,74619,021
485,6549,85815,40716,18218,298
495,2109,53714,86815,62017,574
504,7689,21514,33515,05616,851
514,3278,89413,79814,49416,129
523,8858,57313,26213,93315,407
533,6837,82212,24513,15414,814
543,4827,07211,22512,37814,226
553,2826,32110,20811,60113,636
563,0825,5729,18910,82513,045
572,8794,8238,17210,04912,457
582,6924,2857,0078,68210,825
592,5023,7505,8417,3159,189
602,3183,2164,6745,9477,556
612,1322,6783,5104,5825,921
621,9432,1442,3443,2164,285
631,9432,1032,2652,9593,819
641,9432,0622,1822,7063,353
651,9432,0242,1032,4512,879
661,9431,9842,0242,1972,411
67 and over1,9431,9431,9431,9431,943

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
Partial £Total £
37 and under20,63125,050
3819,71924,432
3918,80723,817
4017,89723,200
4116,98622,584
4216,07821,969
4314,89721,380
4413,71520,783
4512,53820,198
4611,35719,609
4710,17919,021
489,85818,298
499,53717,574
509,21516,851
518,89416,129
528,57315,407
537,82214,814
547,07214,226
556,32113,636
565,57213,045
574,82312,457
584,28510,825
593,7509,189
603,2167,556
612,6785,921
622,1444,285
632,1033,819
642,0623,353
652,0242,879
661,9842,411
67 and over1,9431,943

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 under25,050
3824,432
3923,817
4023,200
4122,584
4221,969
4321,380
4420,783
4520,198
4619,609
4719,021
4818,298
4917,574
5016,851
5116,129
5215,407
5314,814
5414,226
5513,636
5613,045
5712,457
5810,825
599,189
607,556
615,921
624,285
633,819
643,353
652,879
662,411
67 and over1,943

Explanatory Note

(This note is not part of the Regulations)

Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (“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 immediately before they died.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988, as amended, so as to increase the amount payable under the Act. The increase in each case is 4.9 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.

(1)

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

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

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