Payments to dependants of persons disabled by pneumoconiosis, etc.N.I.
4.—(1) The dependant of a person who, immediately before he died, was disabled by any of the following diseases, that is to say,
(a)pneumoconiosis,
(b)byssinosis, or
(c)diffuse mesothelioma,[F1 or]
[F1(d)any disease specified by the Department by order under Article 3(1)(d),]
may make a claim in accordance with paragraph (2) for a payment under paragraph (3) in respect of the disease.
(2) A claim under paragraph (1) shall be made in the prescribed manner—
(a)within twelve months of—
(i)the date of the death of the deceased, or
[F1(ii)in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under Article 3(1)(d), the date of the commencement of that order,]
whichever is the later; or
(b)within such further period as the Department may allow.
(3) If, on such a claim, the Department is satisfied—
(a)that no payment under Article 3 in respect of the disease has been made to the deceased;
(b)F2... that disablement benefit was payable to the deceased in respect of the disease immediately before he died[F3 or, subject to paragraph (3A), would have been so payable to him—
(i)but for his disablement amounting to less than the appropriate percentage; or
(ii)but for his not having claimed the benefit; or
(iii)but for his having died before he had suffered from the disease for the appropriate period];
(c)that every person who employed the deceased at any time during the period during which he was developing the disease and against whom the deceased might have had a claim for damages in respect of the disablement, has ceased to carry on business;
[F4(ca)that no application has been made by the deceased, or any dependant, for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);] and
(d)that neither the deceased, his personal representatives, nor any relative of his, has brought any action, or compromised any claim, for damages in respect of the disablement or death,
the Department shall pay the dependant the prescribed sum.
[F3(3A) No amount is payable under this Article in respect of disablement amounting to less than 1 per cent.]
(4) Where any payment under paragraph (3) falls to be made to two or more persons, the payment shall be made to one of them or divided between some or all of them as the Department thinks fit.
(5) For the purposes of this Article any action which has been dismissed otherwise than on the merits (as for example for want of prosecution or under any enactment relating to the limitation of actions) shall be disregarded.
F2Words in art. 4(3)(b) repealed (31.10.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 6; S.R. 2016/234, art. 3(3)
F4Art. 4(3)(ca) inserted (31.3.2014) by Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 2 para. 5; S.I. 2014/459, art. 3(d)