http://www.legislation.gov.uk/nisr/1998/358/madePneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998Disabled peopleDisablement benefitBenefitsGovernment Printer for Northern Ireland2016-09-06SOCIAL SECURITY Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“the Order”) lump sum payments may be made to certain persons disabled by a disease to which the Order applies, or to dependants of persons who were so disabled immediately before they died. 1998 No. 358 SOCIAL SECURITY Pneumoconiosis, <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>, (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998 Made 13th October 1998 To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974 Coming into operation 29th November 1998 The Department of Economic Development, in exercise of the powers conferred on it by Articles 2(2), 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 and of every other power enabling it in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1 1 These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 29th November 1998. 2 In these Regulations— a “the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979; b “the principal Regulations” means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988. Amendment of the principal Regulations 2 1 The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on or after 29th November 1998. 2 For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations. 3 In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant) for “£1,852” in each place where it occurs there shall be substituted “£1,943”. 4 In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis) for “£3,832” in each place where it occurs there shall be substituted “£4,020”. Sealed with the Official Seal of the Department of Economic Development on G. I. O'Doherty Assistant Secretary 13th October 1998. SCHEDULE Regulation 2(2) SCHEDULE Table 1 Regulations 3, 4 and 6 1 Table 1 is for the determination of payments to disabled persons under regulation 3 (or 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, 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. 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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), his age on the date specified in paragraph (1) of that regulation. With a view to 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. Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) 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 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
4912,80621,27230,70235,14938,15236,86340,93642,00843,08144,152
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
Table 2 1 Table 2 is for the determination of additional payments under regulation 4(2) to dependants of deceased sufferers who died as a result of the disease and for the determination of payments to dependants under regulation 4(6). 2 The relevant period is the period specified in regulation 3(2) 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 A Payments to dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) 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)(<Emphasis>a</Emphasis>)(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
££3££
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 B Payments 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
(This note is not part of the Regulations.)

Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“the Order”) lump sum payments may be made to certain persons disabled by a disease to which the Order 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 (Northern Ireland) 1988, as amended, so as to increase the amount payable under the Order. 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 Order applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.

See the definitions of “Department” and “prescribed”. The Department of Economic Development was formerly the Department of Manpower Services: See S.I. 1982/846 (N.I. 11) Article 3 S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22 S.R. 1988 No. 242 as amended by S.R. 1989 No. 240, S.R. 1991 No. 120, S.R. 1992 No. 213, S.R. 1993 No. 325, S.R. 1995 No. 338, S.R. 1996 No. 485 and S.R. 1997 No. 409