The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 354

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008

Made

27th August 2008

Coming into operation

1st October 2008

Approved by resolution of the Assembly on

17th February 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Mesothelioma, etc., Act (Northern Ireland) 2008(1).

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 and shall come into operation on 1st October 2008.

(2) In these Regulations—

“the Act” means the Mesothelioma, etc., Act (Northern Ireland) 2008;

“claim” means a claim under section 1(1) of the Act;

“deceased” means a person who, immediately before death, had mesothelioma;

“enactment” includes any statutory provision;

“lump sum payment” means a payment under section 1(2) of the Act;

“mesothelioma” means “diffuse mesothelioma”;

“payment” includes a payment in money or money’s worth or in kind.

Commencement Information

I1 Reg. 1 in operation at 1.10.2008, see reg. 1(1)

Disqualifying payments N.I.

2.—(1) The following payments are prescribed for the purposes of section 2(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of mesothelioma, prevent the conditions provided for in section 2(1)(a) and (2)(a) from being fulfilled)—

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2);

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(3);

(c) payment from any government department, authority, body corporate or employer exempted from insurance by or under Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972(4) or section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969(5);

(d) payment under the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;

(e) payment under the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.

(2) The following payments are prescribed for the purposes of section 2(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 2(1)(b) or (2)(b) from being fulfilled)—

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

Commencement Information

I2 Reg. 2 in operation at 1.10.2008, see reg. 1(1)

Disregarded payments N.I.

3.  A payment made in error and which in consequence is liable to be repaid in accordance with an enactment or rule of law is to be disregarded for the purpose of section 2(1)(a) or (2)(a) of the Act.

Commencement Information

I3 Reg. 3 in operation at 1.10.2008, see reg. 1(1)

Presence in the United Kingdom N.I.

4.—(1) In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.

(2) In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.

Commencement Information

I4 Reg. 4 in operation at 1.10.2008, see reg. 1(1)

Amount of lump sum payment N.I.

5.—(1) The amount of a payment made under section 1(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.

(2) In Table 1 of the Schedule the reference to the age of the person is a reference to—

(a) the age at which the person was first diagnosed with mesothelioma; or

(b) where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.

(3) The amount of a payment made under section 1(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.

(4) In Table 2 of the Schedule the reference to the age of the person with mesothelioma is a reference to the age of the person at death.

Commencement Information

I5 Reg. 5 in operation at 1.10.2008, see reg. 1(1)

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

Regulation 5

SCHEDULE N.I.

Commencement Information

I6 Sch. in operation at 1.10.2008, see reg. 1(1)

[F1 Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at first diagnosis, or, if unknown, at date of claim		Payment
		£
	37 and under	92,259
	38	90,465
	39	88,675
	40	86,885
	41	85,091
	42	83,300
	43	82,407
	44	81,506
	45	80,614
	46	79,717
	47	78,821
	48	76,318
	49	73,810
	50	71,298
	51	68,793
	52	66,278
	53	64,489
	54	62,700
	55	60,912
	56	59,112
	57	57,322
	58	52,666
	59	48,006
	60	43,355
	61	38,695
	62	34,038
	63	31,170
	64	28,301
	65	25,440
	66	22,572
	67	19,707
	68	19,123
	69	18,537
	70	17,961
	71	17,378
	72	16,798
	73	16,302
	74	15,797
	75	15,314
	76	14,828
	77 and over	14,334]

Textual Amendments

F1 Sch. Table 1 substituted (1.4.2019) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/57), regs. 1(1), 2(a), Sch. Pt. 1 (with reg. 2(a))

[F2 Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death			Payment
				£
	37 and under	48,013
	38	46,980
	39	45,950
	40	44,921
	41	43,891
	42	42,861
	43	41,875
	44	40,881
	45	39,902
	46	38,917
	47	37,934
	48	36,725
	49	35,512
	50	34,306
	51	33,100
	52	31,892
	53	30,901
	54	29,919
	55	28,934
	56	27,942
	57	26,960
	58	24,233
	59	21,497
	60	18,768
	61	16,034
	62	13,299
	63	12,518
	64	11,743
	65	10,949
	66	10,167
	67 and over	7,949]

Textual Amendments

F2 Sch. Table 2 substituted (1.4.2019) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/57), regs. 1(1), 2(b), Sch. Pt. 2 (with reg. 2(b))

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for a lump sum payment under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008 (“the Act”) to a person with diffuse mesothelioma or the person’s dependant.

Regulation 2 specifies certain payments, eligibility or receipt of which disqualifies a person from entitlement to a lump sum payment.

Regulation 3 prevents disqualification for payments which are liable to be repaid.

Regulation 4 requires the person with diffuse mesothelioma to have been in the United Kingdom at the time and place of exposure to asbestos.

Regulation 5 and the Schedule set out the amounts payable to a person with diffuse mesothelioma or a dependant, based on the age of the person with diffuse mesothelioma.

Sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Act under which these Regulations are made were brought into operation, for the purpose only of authorising the making of regulations on 27th August 2008 and for all other purposes on 1st October 2008 by the Mesothelioma, etc., (2008 Act) (Commencement) Order (Northern Ireland) 2008 (S.R. 2008 No. 351 (C. 19)).

(1)

2008 c. 9 (N.I.)

(2)

S.I. 2006/606

(3)

S.I. 2005/439

(4)

S.I 1972/963 (N.I. 6); Article 7 was amended by paragraph 1 of Schedule 2 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and Part 5 of Schedule 7 to the Criminal Justice and Police Act 2001 (c. 16)

(5)

1969 c. 57