Regulations made by the Department for Communities and laid before the Assembly under section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008 for approval of the Assembly before the expiration of six months from the date of their coming into operation

Statutory Rules of Northern Ireland

2018 No. 168

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2018

Made

26th September 2018

Coming into operation

29th September 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(3) and 9(2)(a) of the Mesothelioma, etc., Act (Northern Ireland) 2008(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2018 and shall come into operation on 29th September 2018.

(2) In regulation 2—

(a) paragraph (a) applies only in relation to a person—

(i) first diagnosed with diffuse mesothelioma on or after 1st April 2018; or

(ii) where the date of the first diagnosis with diffuse mesothelioma is unknown, if a claim under section 1(1) of the Mesothelioma etc., Act (Northern Ireland) 2008 is made by that person on or after 1st April 2018; and

(b) paragraph (b) applies only in relation to the dependant of a person who dies on or after 1st April 2018 and who, immediately before death, had diffuse mesothelioma.

Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations

2.  In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008(2)—

(a) for Table 1 substitute the Table set out in Part 1 of the Schedule to these Regulations; and

(b) for Table 2 substitute the Table set out in Part 2 of the Schedule to these Regulations.

Revocation

3.  The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2018(3) are revoked.

Sealed with the Official Seal of the Department for Communities on 26th September 2018

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Regulation 2

SCHEDULE

Part 1

“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	90,097
	38	88,345
	39	86,597
	40	84,849
	41	83,097
	42	81,348
	43	80,476
	44	79,596
	45	78,725
	46	77,849
	47	76,974
	48	74,529
	49	72,080
	50	69,627
	51	67,181
	52	64,725
	53	62,978
	54	61,230
	55	59,484
	56	57,727
	57	55,979
	58	51,432
	59	46,881
	60	42,339
	61	37,788
	62	33,240
	63	30,439
	64	27,638
	65	24,844
	66	22,043
	67	19,245
	68	18,675
	69	18,103
	70	17,540
	71	16,971
	72	16,404
	73	15,920
	74	15,427
	75	14,955
	76	14,480
	77 and over	13,998”

Part 2

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death			Payment
				£
	37 and under	46,888
	38	45,879
	39	44,873
	40	43,868
	41	42,862
	42	41,856
	43	40,894
	44	39,923
	45	38,967
	46	38,005
	47	37,045
	48	35,864
	49	34,680
	50	33,502
	51	32,324
	52	31,145
	53	30,177
	54	29,218
	55	28,256
	56	27,287
	57	26,328
	58	23,665
	59	20,993
	60	18,328
	61	15,658
	62	12,987
	63	12,225
	64	11,468
	65	10,692
	66	9,929
	67 and over	7,763”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and re-enact the provisions of the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2018 which would otherwise cease to have effect by virtue of section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008. These Regulations amend the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 to increase amounts of lump sums payable to people with diffuse mesothelioma or to their dependants under the Mesothelioma, etc., Act (Northern Ireland) 2008. The increase in each case is 3 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

2008 c. 9 (N.I.); see section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(2)

S.R. 2008 No. 354; relevant amending Regulations are S.R. 2018 No. 59

(3)

S.R. 2018 No. 59