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, date of claim		Payment £
	37 or under	107,038
	38	104,957
	39	102,881
	40	100,804
	41	98,723
	42	96,645
	43	95,609
	44	94,563
	45	93,528
	46	92,487
	47	91,448
	48	88,544
	49	85,635
	50	82,720
	51	79,814
	52	76,896
	53	74,820
	54	72,745
	55	70,671
	56	68,582
	57	66,504
	58	61,103
	59	55,696
	60	50,300
	61	44,894
	62	39,491
	63	36,165
	64	32,835
	65	29,515
	66	26,188
	67	22,863
	68	22,186
	69	21,506
	70	20,838
	71	20,162
	72	19,489
	73	18,914
	74	18,328
	75	17,767
	76	17,203
	77 or over	16,631]

Textual Amendments

F1 Sch. Table 1 substituted (27.9.2023) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/144), regs. 1(1), 2(a), 3, Sch. Pt. 1 (with reg. 1(2)(a))

[F2 Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death		Payment £
	37 or under	55,704
	38	54,507
	39	53,312
	40	52,117
	41	50,922
	42	49,728
	43	48,584
	44	47,430
	45	46,294
	46	45,152
	47	44,011
	48	42,609
	49	41,202
	50	39,801
	51	38,403
	52	37,000
	53	35,851
	54	34,712
	55	33,569
	56	32,418
	57	31,278
	58	28,115
	59	24,940
	60	21,774
	61	18,604
	62	15,429
	63	14,524
	64	13,625
	65	12,703
	66	11,796
	67 or over	9,222]

Textual Amendments

F2 Sch. Table 2 substituted (27.9.2023) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/144), regs. 1(1), 2(b), 3, Sch. Pt. 2 (with reg. 1(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