The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013
In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application1.
(1)
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013 and come into force on 1st April 2013.
(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 the day on which they come into force.
Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 19882.
(1)
(2)
Omit regulation 2(1)(g) (definition of “extent of incapacity”).
(3)
In regulation 3(2) (payments to persons disabled by a disease), omit “Part A of”.
(4)
Omit regulation 3(3).
(5)
In regulation 4(2) (payments to dependants of persons disabled by a disease), omit “or extent of incapacity, as the case may be,”.
(6)
In regulation 4(6)(b)—
(a)
for “or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table,” substitute “for the purposes of Part A of Table 2”;
(b)
omit “or extent of incapacity” the second time those words appear;
(c)
omit “or “partial” respectively”.
(7)
In the proviso to regulation 5(1) (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.
(8)
In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,942” (in both places) substitute “£6,073”.
(9)
In regulation 6(1)(b), omit “Part A of”.
(10)
In the proviso to regulation 7 (power of Secretary of State to determine amount of payment), omit paragraph (c).
(11)
In regulation 8 (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.
(12)
For the Schedule to those Regulations, substitute the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULE 1
“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.
(1)
The age of the disabled person is their 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).
(2)
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 they still been alive, is the age of the deceased on their last birthday before their death.
4.
The table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 19923 or under any corresponding provision of the former Industrial Injuries Acts4, or would be payable but for the disablement amounting to less than the appropriate percentage.
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 under
33,977
60,678
71,193
73,217
75,239
76,856
78,474
80,093
81,710
83,330
38
33,007
58,248
69,048
71,520
73,618
75,239
76,856
78,474
80,093
81,710
39
32,035
55,821
66,905
69,818
72,005
73,405
75,239
76,856
78,474
80,093
40
31,067
53,391
64,761
68,117
70,381
72,003
73,618
75,239
76,856
78,476
41
30,095
50,968
62,619
66,415
68,768
70,381
72,003
73,618
75,239
76,856
42
29,118
48,543
60,473
64,724
67,148
68,768
70,381
72,003
73,618
75,239
43
27,669
45,708
58,330
63,427
66,018
67,960
69,575
71,193
72,812
74,431
44
26,210
42,877
56,183
62,134
64,884
67,148
68,768
70,381
72,003
73,618
45
24,758
40,046
54,040
60,837
63,753
66,336
67,960
69,575
71,193
72,812
46
23,300
37,216
51,899
59,545
62,619
65,533
67,148
68,768
70,381
72,003
47
21,846
34,383
49,753
58,248
61,488
64,724
66,336
67,960
69,575
71,193
48
20,590
33,250
48,058
55,661
59,545
62,453
64,075
65,692
67,306
68,931
49
19,336
32,118
46,357
53,071
57,605
60,189
61,809
63,427
65,047
66,666
50
18,082
30,986
44,690
50,484
55,661
57,924
59,545
61,161
62,777
64,397
51
16,828
29,853
42,957
47,893
53,717
55,661
57,294
58,893
60,515
62,134
52
15,574
28,720
41,260
45,304
51,775
53,391
55,016
56,631
58,248
59,864
53
14,399
26,700
38,668
43,041
49,834
51,775
53,391
55,016
56,631
58,248
54
13,227
24,678
36,080
40,779
47,893
50,162
51,775
53,391
55,016
56,631
55
12,056
22,655
33,497
38,507
45,949
48,543
50,162
51,775
53,391
55,016
56
10,880
20,630
30,905
36,244
44,012
46,921
48,543
50,162
51,775
53,391
57
9,708
18,606
28,317
33,977
42,076
45,305
46,921
48,543
50,162
51,775
58
8,939
16,909
25,285
30,496
37,861
40,856
42,595
44,297
45,950
47,570
59
8,169
15,208
22,247
27,022
33,653
36,404
38,265
40,046
41,745
43,360
60
7,406
13,509
19,213
23,541
29,452
31,957
33,933
35,800
37,540
39,159
61
6,632
11,810
16,183
20,062
25,241
27,506
29,608
31,552
33,332
34,949
62
5,865
10,113
13,147
16,584
21,035
23,056
25,285
27,306
29,118
30,743
63
5,461
9,141
11,810
14,828
18,712
20,708
22,815
24,758
26,534
28,152
64
5,065
8,169
10,476
13,064
16,381
18,366
20,349
22,208
23,944
25,562
65
4,653
7,200
9,141
11,309
14,059
16,019
17,879
19,661
21,360
22,978
66
4,250
6,231
7,806
9,544
11,732
13,671
15,412
17,108
18,770
20,388
67
3,845
5,258
6,469
7,787
9,406
11,329
12,945
14,561
16,183
17,799
68
3,739
5,092
6,249
7,465
9,084
10,880
12,439
14,118
15,672
17,272
69
3,641
4,936
6,030
7,141
8,761
10,437
11,936
13,671
15,171
16,744
70
3,538
4,776
5,803
6,817
8,435
9,988
11,429
13,227
14,662
16,222
71
3,440
4,609
5,582
6,491
8,110
9,544
10,924
12,782
14,160
15,697
72
3,338
4,450
5,359
6,170
7,787
9,104
10,415
12,337
13,649
15,171
73
3,254
4,371
5,280
6,048
7,664
8,900
10,214
12,016
13,249
14,724
74
3,176
4,287
5,198
5,927
7,547
8,695
10,015
11,693
12,844
14,269
75
3,097
4,210
5,119
5,803
7,421
8,495
9,808
11,367
12,439
13,832
76
3,014
4,123
5,035
5,684
7,300
8,296
9,610
11,044
12,030
13,392
77 and over
2,936
4,044
4,957
5,560
7,180
8,089
9,406
10,725
11,631
12,945
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.
(2)
Part B of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.
4.
Part A of the table prescribes payments to—
(a)
dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits Act 1992 is payable;
(b)
dependants of a person to whom disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable immediately before that person died; and
(c)
dependants of a person to whom disablement benefit would have been payable immediately before that person died but for the occurrence of one of the circumstances listed in regulation 5(1)(a)(iii), or but for the person’s disablement amounting to less than the appropriate percentage.
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 under
21,521
36,693
41,140
42,357
43,366
38
21,036
35,316
39,926
41,140
42,433
39
20,552
33,941
38,713
39,925
41,503
40
20,061
32,564
37,499
38,713
40,573
41
19,578
31,190
36,285
37,499
39,643
42
19,097
29,819
35,071
36,285
38,713
43
18,220
28,036
33,978
35,192
37,823
44
17,353
26,250
32,883
34,102
36,924
45
16,485
24,472
31,794
33,008
36,040
46
15,613
22,690
30,608
31,915
35,151
47
14,744
20,911
29,613
30,828
34,263
48
14,080
20,426
28,806
29,977
33,169
49
13,408
19,941
27,992
29,127
32,076
50
12,742
19,454
27,186
28,273
30,985
51
12,076
18,971
26,378
27,428
29,897
52
11,408
18,487
25,568
26,577
28,806
53
11,102
17,353
24,032
25,404
27,910
54
10,800
16,219
22,491
24,231
27,023
55
10,499
15,087
20,954
23,059
26,133
56
10,195
13,954
19,417
21,888
25,238
57
9,708
12,826
17,879
20,713
24,351
58
8,939
12,012
16,123
18,652
21,888
59
8,169
11,202
14,364
16,586
19,417
60
7,406
10,399
12,600
14,523
16,951
61
6,632
9,586
10,843
12,460
14,482
62
5,865
8,782
9,080
10,399
12,012
63
5,461
8,719
8,964
10,010
11,307
64
5,065
8,169
8,836
9,627
10,607
65
4,653
7,200
8,719
9,241
9,889
66
4,250
6,231
7,806
8,859
9,184
67 and over
2,936
4,044
4,957
5,560
7,180
Part B
Age of disabled person on their last birthday before their death
Payment
£
37 and under
43,366
38
42,433
39
41,503
40
40,573
41
39,643
42
38,713
43
37,823
44
36,924
45
36,040
46
35,151
47
34,263
48
33,169
49
32,076
50
30,985
51
29,897
52
28,806
53
27,910
54
27,023
55
26,133
56
25,238
57
24,351
58
21,888
59
19,417
60
16,951
61
14,482
62
12,012
63
11,307
64
10,607
65
9,889
66
9,184
67 and over
7,180”
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(7), (8), (11) and (12) have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 2.2 per cent. rounded up or down to the nearest £1 as appropriate.
However the new Schedule to the 1988 Regulations, which is substituted by regulation 2(12), omits tables and amounts which, as a result of repeals made by section 64 of the Welfare Reform Act 2012 (c.5) (injuries arising before 5 July 1948), are no longer required. The remainder of regulation 2 makes further consequential amendments to the 1988 Regulations to remove provisions which link to those omitted tables and amounts.
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 the day on which these Regulations come into force.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.