Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2006
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 16th April 2006.
(2)
In these Regulations—
(a)
“the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;
(b)
Amendment of the principal Regulations2.
(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 the day on which these Regulations come into operation.
(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 “£2,248” (in each place where it occurs) there shall be substituted “£2,309”.
(4)
In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for “£4,649” (in each place where it occurs) there shall be substituted “£4,775”.
Sealed with the Official Seal of the Department for Employment and Learning on 6th March 2006.
SCHEDULE
“SCHEDULE
TABLE 1
(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), regulation 6(1). 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.
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
Percentage assessment for the relevant period
Age of disabled person
10% or less
11%– 20%
21%– 30%
31%– 40%
41%– 50%
51%– 60%
61%– 70%
71%– 80%
81%– 90%
91%– 100%
£
£
£
£
£
£
£
£
£
£
37 and under
26,720
47,718
55,987
57,578
59,168
60,440
61,713
62,985
64,257
65,531
38
25,956
45,806
54,300
56,244
57,893
59,168
60,440
61,713
62,985
64,257
39
25,192
43,897
52,614
54,904
56,624
57,893
59,168
60,440
61,713
62,985
40
24,430
41,988
50,929
53,567
55,348
56,624
57,893
59,168
60,440
61,713
41
23,666
40,081
49,244
52,230
54,079
55,348
56,624
57,893
59,168
60,440
42
22,899
38,174
47,556
50,899
52,805
54,079
55,348
56,624
57,893
59,168
43
21,759
35,945
45,871
49,878
51,917
53,443
54,713
55,987
57,259
58,533
44
20,612
33,718
44,184
48,862
51,024
52,805
54,079
55,348
56,624
57,893
45
19,470
31,492
42,498
47,843
50,136
52,167
53,443
54,713
55,987
57,259
46
18,323
29,266
40,814
46,826
49,244
51,534
52,805
54,079
55,348
56,624
47
17,180
27,039
39,127
45,806
48,353
50,899
52,167
53,443
54,713
55,987
48
16,191
26,147
37,793
43,772
46,826
49,112
50,389
51,660
52,931
54,206
49
15,206
25,259
36,455
41,735
45,301
47,333
48,606
49,878
51,154
52,426
50
14,219
24,367
35,145
39,700
43,772
45,552
46,826
48,097
49,368
50,641
51
13,234
23,476
33,781
37,663
42,245
43,772
45,057
46,314
47,589
48,862
52
12,248
22,586
32,447
35,628
40,716
41,988
43,264
44,535
45,806
47,078
53
11,324
20,997
30,409
33,847
39,189
40,716
41,988
43,264
44,535
45,806
54
10,401
19,406
28,374
32,068
37,663
39,447
40,716
41,988
43,264
44,535
55
9,480
17,814
26,342
30,283
36,135
38,174
39,447
40,716
41,988
43,264
56
8,557
16,222
24,304
28,502
34,611
36,899
38,174
39,447
40,716
41,988
57
7,635
14,632
22,267
26,720
33,088
35,629
36,899
38,174
39,447
40,716
58
7,031
13,298
19,884
23,983
29,774
32,130
33,497
34,835
36,135
37,410
59
6,425
11,959
17,495
21,250
26,465
28,629
30,092
31,492
32,828
34,098
60
5,824
10,623
15,109
18,513
23,161
25,131
26,687
28,153
29,521
30,795
61
5,216
9,288
12,726
15,777
19,850
21,632
23,284
24,812
26,212
27,485
62
4,612
7,953
10,339
13,042
16,543
18,133
19,884
21,473
22,899
24,176
63
4,294
7,188
9,288
11,661
14,715
16,285
17,942
19,470
20,867
22,139
64
3,983
6,425
8,238
10,274
12,883
14,443
16,003
17,464
18,830
20,102
65
3,659
5,662
7,188
8,894
11,056
12,596
14,060
15,461
16,798
18,069
66
3,342
4,901
6,139
7,505
9,227
10,752
12,121
13,455
14,761
16,032
67
3,023
4,135
5,088
6,123
7,397
8,909
10,180
11,452
12,726
13,997
68
2,940
4,005
4,914
5,869
7,144
8,557
9,781
11,102
12,325
13,583
69
2,863
3,881
4,742
5,616
6,889
8,208
9,387
10,752
11,931
13,168
70
2,783
3,755
4,564
5,360
6,633
7,856
8,987
10,401
11,531
12,756
71
2,705
3,624
4,390
5,103
6,378
7,505
8,591
10,053
11,135
12,345
72
2,625
3,500
4,215
4,853
6,123
7,159
8,190
9,702
10,733
11,931
73
2,560
3,438
4,152
4,756
6,027
6,999
8,032
9,449
10,418
11,579
74
2,498
3,372
4,088
4,661
5,935
6,838
7,875
9,195
10,102
11,222
75
2,435
3,310
4,026
4,564
5,835
6,681
7,714
8,938
9,781
10,877
76
2,370
3,242
3,959
4,471
5,741
6,524
7,557
8,685
9,462
10,531
77 and over
2,309
3,180
3,897
4,373
5,645
6,362
7,397
8,434
9,146
10,180
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 APAYMENTS 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)(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
Percentage assessment for the relevant period
Age of disabled person at his last birthday preceding death
10% or less
11%–20%
21%–30%
31%–49%
50% and over
£
£
£
£
£
37 and under
12,565
24,497
27,992
28,950
29,744
38
12,184
23,415
27,040
27,992
29,011
39
11,804
22,332
26,086
27,039
28,279
40
11,417
21,250
25,131
26,086
27,548
41
11,037
20,170
24,176
25,131
26,817
42
10,659
19,091
23,221
24,176
26,086
43
9,970
17,688
22,363
23,317
25,386
44
9,288
16,285
21,500
22,459
24,679
45
8,605
14,886
20,645
21,600
23,983
46
7,920
13,485
19,712
20,738
23,284
47
7,236
12,086
18,930
19,884
22,586
48
6,713
11,705
18,294
19,215
21,726
49
6,186
11,324
17,654
18,547
20,867
50
5,662
10,941
17,020
17,876
20,008
51
5,138
10,560
16,384
17,210
19,151
52
4,612
10,180
15,748
16,543
18,294
53
4,373
9,288
14,540
15,619
17,589
54
4,135
8,397
13,328
14,696
16,892
55
3,897
7,505
12,121
13,775
16,191
56
3,659
6,616
10,911
12,854
15,488
57
3,418
5,728
9,702
11,931
14,791
58
3,197
5,088
8,321
10,309
12,854
59
2,971
4,452
6,936
8,685
10,911
60
2,752
3,818
5,551
7,063
8,972
61
2,531
3,180
4,169
5,440
7,031
62
2,309
2,547
2,783
3,818
5,088
63
2,309
2,498
2,690
3,513
4,534
64
2,309
2,448
2,591
3,212
3,983
65
2,309
2,403
2,498
2,909
3,418
66
2,309
2,356
2,403
2,609
2,863
67 and over
2,309
2,309
2,309
2,309
2,309
PART BPAYMENTS TO DEPENDANTS OF PERSONS WHO DIED AS A RESULT OF DIFFUSE MESOTHELIOMA
Age of disabled person at his last birthday preceding death
Payment
£
37 and under
29,744
38
29,011
39
28,279
40
27,548
41
26,817
42
26,086
43
25,386
44
24,679
45
23,983
46
23,284
47
22,586
48
21,726
49
20,867
50
20,008
51
19,151
52
18,294
53
17,589
54
16,892
55
16,191
56
15,488
57
14,791
58
12,854
59
10,911
60
8,972
61
7,031
62
5,088
63
4,534
64
3,983
65
3,418
66
2,863
67 and over
2,309”
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 further amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 so as to increase the amount payable as prescribed under the Order. The increase in each case is 2.7 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.
A regulatory impact assessment has not been produced for this rule as it has no impact on the costs of business.