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5.—(1) Part 4 of the principal Order is amended as follows.
(2) In article 34(1)—
(a)for “allowance or supplement”, where it first occurs, substitute “allowance, supplement or lump sum payment”; and
(b)for “that pension, allowance or supplement” in paragraph (1)(a), substitute “an award”.
(3) In article 34(2)—
(a)for “allowances and supplement” substitute “allowances, supplement and lump sum payment”;
(b)at the end of paragraph (2)(p) delete the full stop and substitute a semi-colon; and
(c)after paragraph (2)(p), insert—
“(q)a diffuse mesothelioma lump sum under Schedule 1A.”.
(4) In article 36—
(a)in paragraphs (1) and (2) for “for a pension, allowance or supplement specified in article 34” substitute “under article 34”; and
(b)in paragraph (3) for “pension, allowance or supplement” substitute “award”.
(5) In article 37(2)(a) for “allowance or supplement” substitute “allowance, supplement or lump sum payment”.
6. In article 38(a) of the principal Order for “allowance or other continuing benefit” substitute “allowance, other continuing benefit or lump sum payment”.
7. In article 45 of the principal Order—
(a)in paragraph (1)(a) for “grant or other continuing benefit” substitute “grant, other continuing benefit or lump sum payment”; and
(b)in paragraph (2)(a) for “allowance or other continuing benefit” substitute “allowance, other continuing benefit or lump sum payment”.
8. After article 51(2) of the principal Order insert—
“(3) In articles 52, 57 and 59, “pension” includes a lump sum payment under this Order.”.
9.—(1) Part 8 of the principal Order is amended as follows.
(2) In article 67 for “allowance or gratuity” substitute “allowance, gratuity or lump sum payment”.
(3) After article 68(1) insert—
“(1A) Where the claimant has made an election for an award of a diffuse mesothelioma lump sum and dies before the lump sum is paid, the Secretary of State may, notwithstanding the claimant’s death, make the payment in accordance with the provisions of this Order.”.
(4) In article 68(2) for “award” substitute “award or payment”.
(5) In article 68(5)(a) after “pension” insert “or an election for an award of a diffuse mesothelioma lump sum”.
10. In item 5(c) of the table in Part 4 of Schedule 1 to the principal Order for “the annual earnings figure for the purposes of article 12(4) is £5,408” substitute “the annual earnings figure for the purposes of article 12(4) is £5,590”.
11. Insert after item 26 in the table in Part 2 of Schedule 6 to the principal Order—
“26A | “diffuse mesothelioma lump sum” | the meaning given in paragraph 1 of Schedule 1A.” |
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