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Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1996

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Statutory Rules of Northern Ireland

1996 No. 485

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1996

Made

9th October 1996

To be laid before Parliament under paragraph (3) of Schedule 1 to the Northern Ireland Act 1974

Coming into operation

20th November 1996

The Department of Economic Development(1), in exercise of the powers conferred on it by Articles 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 20th November 1996.

(2) In these Regulations—

(a)“the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;

(b)“the principal Regulations” means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3).

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on or after 20th November 1996.

(2) For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

(3) In regulations 5(2) (Payment where death results from diffuse mesothelioma) and 7 (Minimum amount payable to dependant) for “£1,766” in each place where it occurs there shall be substituted “£1,803”.

(4) In regulation 6(1) (Payment where pneumoconiosis is accompanied by tuberculosis) for “£3,654” in each place where it occurs there shall be substituted “£3,731”.

Sealed with the Official Seal of the Department of Economic Development on 9th October 1996.

L.S.

W. D. A. Haire

Assistant Secretary

Regulation 2(2)

SCHEDULE

Regulations 3, 4, 5 and 6

SCHEDULETable 1

(1) Table 1 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 (Payment where pneumoconiosis is accompanied by tuberculosis) the period specified in paragraph (1)(b) of that regulation.

(3) The age to be taken for the purpose of determining the amount payable to a disabled person is his age on the date specified in regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), his age on the date specified in paragraph (1) of that regulation. With a view to 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.

Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 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

Age of disabled person
Percentage assessment for the relevant period
10% or less11-20%21-30%40%50%60%70%80%90%100%
££££££££££
37 and under20,88837,30243,76745,01146,25347,24848,24449,23850,23351,227
3820,29135,81042,44943,96845,25846,25347,24848,24449,23850,233
3919,69434,31741,13142,92144,26545,25846,25347,24848,24449,238
4019,09932,82439,81441,87643,26844,26545,25846,25347,24848,244
4118,50231,33338,49640,83142,27643,26844,26545,25846,25347,248
4217,90229,84237,17839,78941,28042,27643,26844,26545,25846,253
4317,01028,10035,85938,99340,58641,77842,77243,76744,76245,758
4416,11426,35934,54038,19739,88741,28042,27643,26844,26545,258
4515,22024,61833,22337,40139,19240,78341,77842,77243,76744,762
4614,32422,87931,90636,60638,49640,28641,28042,27643,26844,265
4713,42921,13830,58735,81037,79939,78940,78341,77842,77243,767
4812,65720,43929,54434,21736,60638,39439,39140,38541,37842,376
4911,88619,74528,49832,62635,41337,00237,99838,99339,98840,983
5011,11719,04927,47431,03534,21735,60936,60637,59938,59439,589
5110,34618,35226,40829,44433,02434,21735,22236,20637,20238,197
529,57417,65625,36627,85231,83032,82433,82234,81435,81036,803
538,85216,41423,77326,45930,63631,83032,82433,82234,81435,810
548,13115,17022,18125,06929,44430,83631,83032,82433,82234,814
557,41013,92620,59223,67428,24929,84230,83631,83032,82433,822
566,68912,68218,99922,28227,05728,84629,84230,83631,83032,824
575,96911,43817,40820,88825,86627,85228,84629,84230,83631,830
585,49610,39615,54418,74923,27525,11726,18627,23128,24929,245
595,0229,34913,67616,61320,68922,38023,52424,61825,66426,656
604,5528,30511,81214,47218,10519,64620,86322,00923,07924,073
614,0787,2609,94812,33415,51816,91118,20119,39720,49121,485
623,6066,2178,08210,19512,93314,17515,54416,78617,90218,899
633,3565,6207,2609,11511,50312,73114,02515,22016,31317,308
643,1125,0226,4408,03210,07111,29012,50913,65314,72115,715
652,8614,4265,6206,9538,6429,84810,99112,08713,13114,126
662,6123,8324,8005,8687,2138,4059,47510,51811,53912,533
672,3643,2323,9784,7865,7826,9647,9588,9539,94810,942
682,2993,1313,8424,5875,5856,6897,6468,6799,63510,618
6912,50913,65314,72115,715
652,8614,4265,6206,9538,6429,84810,99112,08713,13114,126
662,6123,8324,8005,8687,2138,4059,47510,51811,53912,533
672,3643,2323,9784,7865,7826,9647,9588,9539,94810,942
682,2993,1313,8424,5875,5856,6897,6468,6799,63510,618
696,2797,3878,1459,052
741,9522,6353,1963,6434,6395,3466,1567,1877,8968,772
751,9042,5873,1473,5674,5625,2226,0316,9887,6468,504
761,8532,5353,0953,4954,4885,1005,9086,7907,3978,232
77 and over1,8032,4863,0473,4184,4144,9735,7826,5937,1497,958

Table 2

(1) Table 2 is for the determination of additional payments under regulation 4(2) to dependants of deceased sufferers who died as a result of the disease and for the determination of payments to dependants under regulation 4(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 (payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.

Part A

Payments to dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable, or to dependants of persons to whom Disablement Benefit under that section or under any corresponding provision of the former industrial Injuries Acts was payable, or to dependants of a person to whom Disablement Benefit would have been payable 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, in circumstances where the disabled person died as a result of a disease other than Diffuse Mesothelioma.

Age of disabled person at his last birthday preceding death
Percentage assessment for the relevant period
10% or less11%-20%21%-30%40%50% and over
£££££
37 and under9,82319,15021,88322,63023,252
389,52518,30321,13821,88322,678
399,22817,45720,39221,13822,108
408,92616,61319,64620,39221,535
418,68215,76718,89919,64620,963
428,33214,92418,15218,89920,392
437,79413,82717,48218,22819,845
447,26012,73116,80917,55619,292
456,72711,63816,13916,88518,749
466,19110,54215,41016,21218,201
475,6579,44814,79715,54417,656
485,2489,15014,30115,02116,984
494,8368,85213,80114,49916,313
504,4268,55413,30613,97515,642
514,0178,25612,80713,45414,971
523,6067,95812,31012,93314,301
533,4187,26011,36612,21013,751
543,2326,56410,41911,48913,205
553,0475,8689,47510,76812,657
562,8615,1728,52910,04812,109
572,6724,4777,5859,32811,563
582,4983,9786,5048,05910,048
592,3233,4815,4226,7908,529
602,1512,9854,3385,5217,013
611,9792,4863,2584,2535,496
621,8031,9902,1762,9853,978
631,8031,9522,1022,7463,545
641,8031,9142,0262,5123,112
651,8031,8791,9522,2752,672
661,8031,8421,8792,0392,238
67 and over1,8031,8031,8031,8031,803

Part B

Payments to Dependants of Persons who died as a result of Diffuse Mesothelioma

Age of disabled person at his last birthday preceding deathPayment
£
37 and under23,252
3822,678
3922,108
4021,535
4120,963
4220,392
4319,845
4419,292
4518,749
4618,201
4717,656
4816,984
4916,313
5015,642
5114,971
5214,301
5313,751
5413,205
5512,657
5612,109
5711,563
5810,048
598,529
607,013
615,496
623,978
633,545
643,112
652,672
662,238
67 and over1,803

Explanatory Note

(This note is not part of the Regulations.)

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 (“the 1988 Regulations”) as amended by the Pneumoconiosis, etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) of 1989, 1991, 1992, 1993 and 1995 prescribe the amount of payments to be made under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“the Order”), as amended by the Social Security (Northern Ireland) Order 1985, the Social Security (Northern Ireland) Order 1986 and the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, to persons disabled by a disease to which the Order applies (namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease. All such persons should satisfy the conditions of entitlement prescribed in Article 3 (Payments to disabled persons) or, as the case may be, Article 4 (Payments to dependants of disabled persons) of the Order.

These Regulations further amend the 1988 Regulations by increasing the amount of the payments laid down by the 1989, 1991, 1992, 1993 and 1995 Regulations in any case in which a person first becomes entitled to a payment on or after the date when these Regulations come into operation. The increase in each case is 2.1 per cent. rounded up or down to the nearest £1 as appropriate.

(1)

Formerly the Department of Manpower Services: See S.I. 1982/846 (N.I. 11) Article 3

(2)

S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22 and S.I. 1986/1888 (N.I. 18), Article 40 and Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22

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