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The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

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Statutory Instruments

2018 No. 316

Social Security

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

Made

6th March 2018

Coming into force

1st April 2018

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 Parliament and 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 2018 and come into force on 1st April 2018.

(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 2018.

Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) 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 “£3,082” substitute “£3,174”.

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£6,375” (in both places) substitute “£6,566”.

(4) In regulation 8 (minimum amount payable to dependant) for “£3,082” substitute “£3,174”.

(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 under36,73665,60676,97479,16381,34883,09784,84786,59788,34590,097
3835,68762,97874,65577,32779,59681,34883,09784,84786,59788,345
3934,63760,35472,33875,48877,85279,36781,34883,09784,84786,597
4033,59057,72770,02073,64876,09577,84979,59681,34883,09784,849
4132,54055,10767,70571,80774,35476,09577,84979,59681,34883,097
4231,48352,48665,38469,98172,60274,35476,09577,84979,59681,348
4329,91649,41963,06768,57871,37973,47975,22576,97478,72580,476
4428,33846,35960,74567,18170,15372,60274,35476,09577,84979,596
4526,76843,29858,42965,77868,93171,72373,47975,22576,97478,725
4625,19240,23956,11364,38167,70570,85572,60274,35476,09577,849
4723,62037,17553,79362,97866,48169,98171,72373,47975,22576,974
4822,26235,95151,96060,18264,38167,52569,27971,02872,77274,529
4920,90634,72650,12257,38162,28365,07766,82868,57870,32972,080
5019,55033,50348,31954,58460,18262,62864,38166,12867,87569,627
5118,19432,27746,44551,78258,07960,18261,94663,67665,43067,181
5216,83831,05144,61048,98355,97957,72759,48461,23062,97864,725
5315,56828,86941,80946,53553,88155,97957,72759,48461,23062,978
5414,30126,68139,01044,09151,78254,23555,97957,72759,48461,230
5513,03624,49436,21741,63549,68152,48654,23555,97957,72759,484
5611,76422,30533,41439,18847,58550,73252,48654,23555,97957,727
5710,49720,11630,61736,73645,49348,98450,73252,48654,23555,979
589,66418,28327,33932,97240,93644,17546,05447,89449,68251,432
598,83316,44324,05429,21736,38739,36041,37343,29845,13546,881
608,00714,60520,77425,45331,84334,55236,68938,70740,58942,339
617,17112,77017,49721,69227,29129,74032,01234,11536,03937,788
626,34110,93414,21517,93022,74324,92927,33929,52431,48333,240
635,9049,88412,77016,03220,23122,38924,66726,76828,68930,439
645,4778,83311,32714,12517,71119,85722,00124,01225,88827,638
655,0317,7859,88412,22715,20117,31919,33121,25723,09524,844
664,5956,7378,44010,32012,68514,78116,66318,49820,29422,043
674,1575,6866,9958,41910,17012,25013,99815,74317,49719,245
684,0435,5056,7578,0729,82111,76413,44915,26516,94518,675
693,9375,3366,5207,7219,47311,28512,90514,78116,40418,103
703,8265,1646,2757,3719,12110,79912,35814,30115,85317,540
713,7194,9836,0367,0178,76810,32011,81213,82115,31016,971
723,6094,8115,7956,6718,4199,84411,26013,33914,75816,404
733,5184,7265,7096,5398,2869,62311,04412,99114,32515,920
743,4344,6365,6206,4098,1609,40110,82712,64313,88615,427
753,3494,5535,5346,2758,0239,18510,60512,29013,44914,955
763,2584,4585,4446,1457,8938,96910,39011,94113,00714,480
77 and over3,1744,3725,3606,0127,7638,74610,17011,59612,57513,998”;

(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 death

Percentage assessment for the relevant period

10%

or under £

11%-20%

£

21%-30%

£

31%-49%

£

50% or over £
37 and under23,26939,67344,48245,79746,888
3822,74438,18443,16844,48245,879
3922,22136,69741,85643,16744,873
4021,69135,20740,54441,85643,868
4121,16833,72239,23240,54442,862
4220,64732,24037,91939,23241,856
4319,70030,31336,73738,05040,894
4418,76228,38335,55436,87139,923
4517,82326,46034,37535,68838,967
4616,88124,53433,09334,50738,005
4715,94122,61032,01933,33137,045
4815,22322,08531,14532,41135,864
4914,49621,56030,26631,49234,680
5013,77621,03429,39430,56833,502
5113,05720,51128,52029,65632,324
5212,33519,98827,64428,73631,145
5312,00418,76225,98427,46730,177
5411,67717,53724,31726,19929,218
5511,35116,31222,65624,93228,256
5611,02315,08720,99323,66527,287
5710,49713,86719,33122,39426,328
589,66412,98717,43320,16723,665
598,83312,11115,53017,93220,993
608,00711,24313,62315,70218,328
617,17110,36511,72413,47215,658
626,3419,4959,81711,24312,987
635,9049,4279,69110,82212,225
645,4778,8339,55410,40911,468
655,0317,7859,4279,99210,692
664,5956,7378,4409,5789,929
67 and over3,1744,3725,3606,0127,763

Part B

Age of disabled person on their last birthday before their deathPayment £
37 and under46,888
3845,879
3944,873
4043,868
4142,862
4241,856
4340,894
4439,923
4538,967
4638,005
4737,045
4835,864
4934,680
5033,502
5132,324
5231,145
5330,177
5429,218
5528,256
5627,287
5726,328
5823,665
5920,993
6018,328
6115,658
6212,987
6312,225
6411,468
6510,692
669,929
67 and over7,763.

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

Sarah Newton

Minister of State

Department for Work and Pensions

6th March 2018

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 3 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 2018.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(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. 2017/442 are the relevant amending instruments.

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