The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 64

Social Security

The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2015

Made

17th February 2015

Affirmed by resolution of the Assembly on

23rd March 2015

Coming into operation in accordance with regulation 1(1)

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(3), 4(3) and 11(1) and (4) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979(1) and now vested in it(2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015 or the day after they are affirmed by resolution of the Assembly if later.

(2) These Regulations apply only in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 on or after the day on which these Regulations come into operation.

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

2.—(1) The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulations 5(2) and 7 (minimum amounts payable to dependant) for “£3,015” substitute “£3,051”.

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£6,237”, in both places, substitute “£6,312”.

(4) For the Schedule substitute the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department for Social Development on 17th February 2015

(L.S.)

Andrew M. Hamilton

A senior officer of the Department for Social Development

Regulation 2(4)

SCHEDULE

Regulations 3, 4, 5 and 6

“SCHEDULE

TABLE 1

1.   This table 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, the first period specified in regulation 6(1)(b).

3.   The age of the disabled person is his age determined in accordance with regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b). 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.

4.   The table prescribes payments to disabled persons to whom disablement benefit is payable under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4), 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.

TABLE 1

Age of				Percentage assessment for the relevant period
disabled	10%	11% -	21% -		31% -	41% -	51% -	61% -	71% -	81% -	91% -
person	or less	20%	30%		40%	50%	60%	70%	80%	90%	100%
	£	£	£		£	£	£	£	£	£	£
37 and	35,313	63,064	73,992		76,096	78,197	79,878	81,560	83,243	84,923	86,607
under
38	34,305	60,539	71,763		74,332	76,513	78,197	79,878	81,560	83,243	84,923
39	33,295	58,016	69,536		72,563	74,836	76,292	78,197	79,878	81,560	83,243
40	32,289	55,491	67,308		70,795	73,148	74,834	76,513	78,197	79,878	81,562
41	31,279	52,972	65,082		69,026	71,473	73,148	74,834	76,513	78,197	79,878
42	30,263	50,452	62,851		67,270	69,789	71,473	73,148	74,834	76,513	78,197
43	28,757	47,505	60,624		65,922	68,614	70,633	72,311	73,992	75,675	77,358
44	27,241	44,563	58,392		64,578	67,436	69,789	71,473	73,148	74,834	76,513
45	25,731	41,621	56,165		63,230	66,260	68,945	70,633	72,311	73,992	75,675
46	24,216	38,680	53,940		61,887	65,082	68,110	69,789	71,473	73,148	74,834
47	22,705	35,735	51,709		60,539	63,906	67,270	68,945	70,633	72,311	73,992
48	21,400	34,558	49,948		57,850	61,887	64,909	66,595	68,276	69,952	71,642
49	20,096	33,381	48,180		55,158	59,870	62,556	64,240	65,922	67,605	69,288
50	18,793	32,205	46,448		52,469	57,850	60,202	61,887	63,566	65,246	66,930
51	17,489	31,027	44,646		49,776	55,829	57,850	59,547	61,209	62,895	64,578
52	16,186	29,849	42,882		47,085	53,811	55,491	57,179	58,858	60,539	62,218
53	14,965	27,750	40,189		44,733	51,794	53,811	55,491	57,179	58,858	60,539
54	13,747	25,648	37,499		42,383	49,776	52,134	53,811	55,491	57,179	58,858
55	12,531	23,546	34,814		40,022	47,756	50,452	52,134	53,811	55,491	57,179
56	11,308	21,441	32,120		37,670	45,742	48,766	50,452	52,134	53,811	55,491
57	10,090	19,337	29,431		35,313	43,731	47,086	48,766	50,452	52,134	53,811
58	9,290	17,574	26,280		31,695	39,350	42,463	44,270	46,039	47,757	49,440
59	8,491	15,806	23,122		28,085	34,977	37,836	39,770	41,621	43,386	45,065
60	7,697	14,040	19,969		24,467	30,610	33,214	35,267	37,208	39,017	40,699
61	6,893	12,275	16,819		20,851	26,234	28,588	30,772	32,793	34,643	36,324
62	6,095	10,511	13,664		17,236	21,862	23,963	26,280	28,380	30,263	31,952
63	5,675	9,501	12,275		15,411	19,448	21,522	23,712	25,731	27,577	29,259
64	5,264	8,491	10,888		13,578	17,025	19,088	21,149	23,082	24,885	26,567
65	4,836	7,483	9,501		11,753	14,612	16,649	18,582	20,434	22,200	23,881
66	4,417	6,476	8,113		9,920	12,194	14,208	16,018	17,781	19,508	21,189
67	3,996	5,465	6,724		8,093	9,776	11,775	13,455	15,133	16,819	18,499
68	3,886	5,292	6,495		7,759	9,441	11,308	12,928	14,673	16,288	17,951
69	3,784	5,130	6,267		7,422	9,106	10,848	12,405	14,208	15,768	17,402
70	3,678	4,964	6,032		7,085	8,767	10,381	11,879	13,747	15,239	16,860
71	3,575	4,790	5,802		6,746	8,429	9,920	11,354	13,285	14,717	16,314
72	3,469	4,625	5,570		6,413	8,093	9,462	10,824	12,822	14,186	15,768
73	3,382	4,543	5,488		6,286	7,965	9,250	10,616	12,488	13,770	15,303
74	3,301	4,456	5,402		6,160	7,844	9,037	10,408	12,153	13,349	14,830
75	3,219	4,376	5,320		6,032	7,712	8,829	10,194	11,814	12,928	14,375
76	3,132	4,285	5,233		5,907	7,587	8,622	9,987	11,478	12,503	13,919
77 and	3,051	4,203	5,152		5,779	7,462	8,407	9,776	11,147	12,088	13,455
over

TABLE 2

1.   This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or (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, the first period specified in regulation 6(1)(b).

3.— (1) Part A of the table prescribes payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma where—

(a) death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable;

(b) disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable to the disabled person immediately before he died; or

(c) disablement benefit would have been payable to the disabled person 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.

(2) Part B of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.

PART A

Age of disabled person at his last birthday preceding death				Percentage assessment for the relevant period
		10% or less			11% - 20%		21% - 30%		31% - 49%		50% and
											over
			£			£		£		£		£
	37 and under	22,367			38,136		42,758		44,023		45,071
	38	21,863			36,705		41,496		42,758		44,102
	39	21,360			35,275		40,235		41,495		43,135
	40	20,850			33,844		38,973		40,235		42,168
	41	20,348			32,416		37,712		38,973		41,202
	42	19,848			30,991		36,450		37,712		40,235
	43	18,937			29,139		35,314		36,576		39,310
	44	18,036			27,283		34,176		35,443		38,376
	45	17,133			25,435		33,044		34,306		37,457
	46	16,227			23,583		31,811		33,170		36,533
	47	15,324			21,734		30,778		32,040		35,610
	48	14,634			21,230		29,939		31,155		34,474
	49	13,935			20,725		29,093		30,272		33,337
	50	13,243			20,219		28,255		29,384		32,204
	51	12,551			19,717		27,415		28,507		31,072
	52	11,857			19,214		26,573		27,623		29,939
	53	11,539			18,036		24,977		26,403		29,008
	54	11,225			16,857		23,375		25,184		28,086
	55	10,911			15,680		21,778		23,966		27,161
	56	10,596			14,503		20,180		22,749		26,230
	57	10,090			13,330		18,582		21,527		25,308
	58	9,290			12,484		16,757		19,386		22,749
	59	8,491			11,642		14,929		17,238		20,180
	60	7,697			10,808		13,095		15,094		17,618
	61	6,893			9,963		11,270		12,950		15,051
	62	6,095			9,127		9,437		10,808		12,484
	63	5,675			9,061		9,316		10,403		11,751
	64	5,264			8,491		9,184		10,006		11,024
	65	4,836			7,483		9,061		9,605		10,278
	66	4,417			6,476		8,113		9,207		9,545
	67 and over	3,051			4,203		5,152		5,779		7,462

PART B

Age of disabled person at his last birthday				Payment
	preceding death				£
		37 and under	45,071
		38	44,102
		39	43,135
		40	42,168
		41	41,202
		42	40,235
		43	39,310
		44	38,376
		45	37,457
		46	36,533
		47	35,610
		48	34,474
		49	33,337
		50	32,204
		51	31,072
		52	29,939
		53	29,008
		54	28,086
		55	27,161
		56	26,230
		57	25,308
		58	22,749
		59	20,180
		60	17,618
		61	15,051
		62	12,484
		63	11,751
		64	11,024
		65	10,278
		66	9,545
		67 and over	7,462”

EXPLANATORY NOTE

(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 before they died.

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.

These Regulations amend the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to increase amounts payable under the Order. The increase in each case is 1.2 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

S.I. 1979/925 (N.I. 9); Articles 3 and 4 were amended by Article 22(a) and (b) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 3 was amended by 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; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2014 No. 62

(4)

1992 c. 7