The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment No. 2) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 352

Social Security

The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment No. 2) Regulations (Northern Ireland) 2008

Made

27th August 2008

Affirmed by resolution of the Assembly on

30th September 2008

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(3) and 11(1) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979(1) and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment No. 2) Regulations (Northern Ireland) 2008 and shall come into operation on the day after they are affirmed by resolution of the Assembly or 1st October 2008, whichever is the later.

Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations

2.  In regulation 3 of the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3) (payments to persons disabled by a disease) after paragraph (3) add—

“(4) Where—

(a) a payment is made to a person under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008(4) (“the mesothelioma payment”) in respect of diffuse mesothelioma; and

(b) subsequently it is determined that the same person is entitled to a payment under Article 3(3) of the Order in respect of the same diffuse mesothelioma,

the amount payable under paragraph (1) shall be reduced by the amount of the mesothelioma payment.”.

Sealed with the Official Seal of the Department for Social Development on 27th August 2008

(L.S.)

B McGahan

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to provide that certain payments under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 are reduced by the amount of any lump sum payment in respect of diffuse mesothelioma made under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008.

(1)

S.I. 1979/925 (N.I. 9); Article 3 was amended by Article 22(a) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)), paragraph 17(2) and (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

(2)

See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) and Article 3 of S.R. 2006 No. 192

(3)

S.R. 1988 No. 242

(4)

2008 c. 9 (N.I.)