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	114,210
	38	111,989
	39	109,774
	40	107,558
	41	105,337
	42	103,120
	43	102,015
	44	100,899
	45	99,794
	46	98,684
	47	97,575
	48	94,476
	49	91,373
	50	88,262
	51	85,162
	52	82,048
	53	79,833
	54	77,619
	55	75,406
	56	73,177
	57	70,960
	58	65,197
	59	59,428
	60	53,670
	61	47,902
	62	42,137
	63	38,588
	64	35,035
	65	31,493
	66	27,943
	67	24,395
	68	23,672
	69	22,947
	70	22,234
	71	21,513
	72	20,795
	73	20,181
	74	19,556
	75	18,957
	76	18,356
	77 or over	17,745]

Textual Amendments

F1 Sch. Table 1 substituted (with application in accordance with reg. 1(2)(a) of the amending Rule) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/75), regs. 1(1), 2(a)

[F2 Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death		Payment £
	37 or under	59,436
	38	58,159
	39	56,884
	40	55,609
	41	54,334
	42	53,060
	43	51,839
	44	50,608
	45	49,396
	46	48,177
	47	46,960
	48	45,464
	49	43,963
	50	42,468
	51	40,976
	52	39,479
	53	38,253
	54	37,038
	55	35,818
	56	34,590
	57	33,374
	58	29,999
	59	26,611
	60	23,233
	61	19,850
	62	16,463
	63	15,497
	64	14,538
	65	13,554
	66	12,586
	67 or over	9,840]

Textual Amendments

F2 Sch. Table 2 substituted (with application in accordance with reg. 1(2)(b) of the amending Rule) by The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/75), regs. 1(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