- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998 No. 1840
Draft Regulations laid before Parliament under section 7(3) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
SOCIAL SECURITY
Made
1998
Coming into force
1st September 1998
The Secretary of State, in exercise of the powers conferred on him by sections 1(1), (2) and (4) and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(1) and of all other powers enabling him in that behalf, hereby makes the following regulations, of which a draft has been approved by resolution of each House of Parliament:—
1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1998 and shall come into force on 1st September 1998.
(2) These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.
2. In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988(2)—
(a)for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;
(b)in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,852 there shall be substituted the amount £1,943;
(c)in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £3,832 (in both places) there shall be substituted the amount £4,020.
Signed by authority of the Secretary of State
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1998
Regulation 2(a)
Regulations 3, 4, and 6
(1) This table is for the determination of payments to disabled persons under regulation 3 (or as the case may be, 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 3(3) or, in the case of a disabled person to whom regulation 6 applies, the period specified in regulation 6(1)(b).
(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 3(3) or, in the case of a disabled person to whom regulation 6 applies, his age on the date specified in regulation 6(1)(b). In 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.
Age of disabled person | Percentage assessment for the relevant period | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
10% or less £ | 11%–20% £ | 21%–30% £ | 31%–40% £ | 41%–50% £ | 51%–60% £ | 61%–70% £ | 71%–80% £ | 81%–90% £ | 91%–100% £ | |
37 and under | 22,503 | 40,187 | 47,151 | 48,491 | 49,830 | 50,901 | 51,975 | 53,045 | 54,117 | 55,188 |
38 | 21,860 | 38,578 | 45,731 | 47,368 | 48,757 | 49,830 | 50,901 | 51,975 | 53,045 | 54,117 |
39 | 21,217 | 36,970 | 44,311 | 46,240 | 47,688 | 48,757 | 49,830 | 50,901 | 51,975 | 53,045 |
40 | 20,576 | 35,362 | 42,892 | 45,114 | 46,614 | 47,688 | 48,757 | 49,830 | 50,901 | 51,975 |
41 | 19,932 | 33,756 | 41,472 | 43,988 | 45,544 | 46,614 | 47,688 | 48,757 | 49,830 | 50,901 |
42 | 19,286 | 32,149 | 40,052 | 42,866 | 44,472 | 45,544 | 46,614 | 47,688 | 48,757 | 49,830 |
43 | 18,325 | 30,273 | 38,631 | 42,008 | 43,724 | 45,009 | 46,079 | 47,151 | 48,223 | 49,296 |
44 | 17,360 | 28,397 | 37,211 | 41,150 | 42,972 | 44,472 | 45,544 | 46,614 | 47.688 | 48,757 |
45 | 16,397 | 26,522 | 35,792 | 40,293 | 42,223 | 43,936 | 45,009 | 46,079 | 47,151 | 48,223 |
46 | 15,431 | 24,648 | 34,373 | 39,436 | 41,472 | 43,401 | 44,472 | 45,544 | 46,614 | 47,688 |
47 | 14,468 | 22,772 | 32,952 | 38,578 | 40,722 | 42,866 | 43,936 | 45,009 | 46,079 | 47,151 |
48 | 13,636 | 22,020 | 31,828 | 36,863 | 39,436 | 41,362 | 42,437 | 43,507 | 44,578 | 45,652 |
49 | 12,806 | 21,272 | 30,702 | 35,149 | 38,152 | 39,863 | 40,936 | 42,008 | 43,081 | 44,152 |
50 | 11,976 | 20,522 | 29,598 | 33,435 | 36,863 | 38,363 | 39,436 | 40,507 | 41,578 | 42,650 |
51 | 11,146 | 19,772 | 28,450 | 31,720 | 35,578 | 36,863 | 37,946 | 39,005 | 40,079 | 41,150 |
52 | 10,314 | 19,021 | 27,327 | 30,005 | 34,291 | 35,362 | 36,437 | 37,506 | 38,578 | 39,649 |
53 | 9,537 | 17,683 | 25,611 | 28,505 | 33,005 | 34,291 | 35,362 | 36,437 | 37,506 | 38,578 |
54 | 8,760 | 16,343 | 23,896 | 27,007 | 31,720 | 33,221 | 34,291 | 35,362 | 36,437 | 37,506 |
55 | 7,983 | 15,003 | 22,184 | 25,504 | 30,433 | 32,149 | 33,221 | 34,291 | 35,362 | 36,437 |
56 | 7,206 | 13,662 | 20,468 | 24,005 | 29,149 | 31,077 | 32,149 | 33,221 | 34,291 | 35,362 |
57 | 6,430 | 12,323 | 18,754 | 22,503 | 27,866 | 30,006 | 31,077 | 32,149 | 33,221 | 34,291 |
58 | 5,921 | 11,200 | 16,746 | 20,198 | 25,074 | 27,059 | 28,210 | 29,337 | 30,433 | 31,506 |
59 | 5,411 | 10,072 | 14,734 | 17,897 | 22,288 | 24,111 | 25,343 | 26,522 | 27,648 | 28,717 |
60 | 4,904 | 8,947 | 12,725 | 15,591 | 19,505 | 21,165 | 22,476 | 23,710 | 24,863 | 25,935 |
61 | 4,393 | 7,822 | 10,717 | 13,287 | 16,718 | 18,218 | 19,609 | 20,897 | 22,076 | 23,146 |
62 | 3,885 | 6,698 | 8,707 | 10,983 | 13,933 | 15,271 | 16,746 | 18,084 | 19,286 | 20,360 |
63 | 3,616 | 6,054 | 7,822 | 9,820 | 12,392 | 13,715 | 15,110 | 16,397 | 17,574 | 18,646 |
64 | 3,353 | 5,411 | 6,938 | 8,653 | 10,850 | 12,163 | 13,477 | 14,708 | 15,859 | 16,930 |
65 | 3,082 | 4,768 | 6,054 | 7,491 | 9,310 | 10,609 | 11,841 | 13,021 | 14,146 | 15,218 |
66 | 2,814 | 4,128 | 5,171 | 6,321 | 7,771 | 9,055 | 10,208 | 11,332 | 12,432 | 13,502 |
67 | 2,546 | 3,482 | 4,285 | 5,157 | 6,229 | 7,503 | 8,573 | 9,645 | 10,717 | 11,788 |
68 | 2,477 | 3,374 | 4,139 | 4,942 | 6,017 | 7,206 | 8,238 | 9,350 | 10,380 | 11,439 |
69 | 2,411 | 3,268 | 3,993 | 4,730 | 5,802 | 6,913 | 7,905 | 9,055 | 10,049 | 11,090 |
70 | 2,344 | 3,162 | 3,843 | 4,514 | 5,586 | 6,616 | 7,569 | 8,760 | 9,711 | 10,744 |
71 | 2,278 | 3,053 | 3,698 | 4,299 | 5,371 | 6,321 | 7,234 | 8,467 | 9,378 | 10,397 |
72 | 2,211 | 2,948 | 3,550 | 4,087 | 5,157 | 6,029 | 6,898 | 8,172 | 9,040 | 10,049 |
73 | 2,156 | 2,896 | 3,497 | 4,006 | 5,076 | 5,894 | 6,765 | 7,958 | 8,774 | 9,752 |
74 | 2,103 | 2,839 | 3,443 | 3,925 | 4,998 | 5,759 | 6,632 | 7,743 | 8,507 | 9,451 |
75 | 2,051 | 2,787 | 3,390 | 3,843 | 4,915 | 5,626 | 6,497 | 7,528 | 8,238 | 9,161 |
76 | 1,996 | 2,731 | 3,334 | 3,765 | 4,835 | 5,494 | 6,364 | 7,315 | 7,969 | 8,869 |
77 and over | 1,943 | 2,678 | 3,282 | 3,683 | 4,755 | 5,358 | 6,229 | 7,102 | 7,702 | 8,573 |
Age of disabled person | Extent of incapacity for the relevant period | |
---|---|---|
Partial £ | Total £ | |
37 and under | 40,187 | 55,188 |
38 | 38,578 | 54,117 |
39 | 36,970 | 53,045 |
40 | 35,362 | 51,975 |
41 | 33,756 | 50,901 |
42 | 32,149 | 49,830 |
43 | 30,273 | 49,296 |
44 | 28,397 | 48,757 |
45 | 26,522 | 48,223 |
46 | 24,648 | 47,688 |
47 | 22,772 | 47,151 |
48 | 22,020 | 45,652 |
49 | 21,272 | 44,152 |
50 | 20,522 | 42,650 |
51 | 19,772 | 41,150 |
52 | 19,021 | 39,649 |
53 | 17,683 | 38,578 |
54 | 16,343 | 37,506 |
55 | 15,003 | 36,437 |
56 | 13,662 | 35,362 |
57 | 12,323 | 34,291 |
58 | 11,200 | 31,506 |
59 | 10,072 | 28,717 |
60 | 8,947 | 25,935 |
61 | 7,822 | 23,146 |
62 | 6,698 | 20,360 |
63 | 6,054 | 18,646 |
64 | 5,411 | 16,930 |
65 | 4,768 | 15,218 |
66 | 4,128 | 13,502 |
67 | 3,482 | 11,788 |
68 | 3,374 | 11,439 |
69 | 3,268 | 11,090 |
70 | 3,162 | 10,744 |
71 | 3,053 | 10,397 |
72 | 2,948 | 10,049 |
73 | 2,896 | 9,752 |
74 | 2,839 | 9,451 |
75 | 2,787 | 9,161 |
76 | 2,731 | 8,869 |
77 and over | 2,678 | 8,573 |
(1) Table 2 is for the determination of payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(b).
(2) The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in regulation 6(1)(b).
Age of disabled person at his last birthday preceding death | Percentage assessment for the relevant period | ||||
---|---|---|---|---|---|
10% or less £ | 11%–20% £ | 21%–30% £ | 31%–49% £ | 50% and over £ | |
37 and under | 10,582 | 20,631 | 23,575 | 24,380 | 25,050 |
38 | 10,261 | 19,719 | 22,772 | 23,575 | 24,432 |
39 | 9,941 | 18,807 | 21,969 | 22,772 | 23,817 |
40 | 9,616 | 17,897 | 21,165 | 21,969 | 23,200 |
41 | 9,296 | 16,986 | 20,360 | 21,165 | 22,584 |
42 | 8,977 | 16,078 | 19,556 | 20,360 | 21,969 |
43 | 8,397 | 14,897 | 18,833 | 19,637 | 21,380 |
44 | 7,822 | 13,715 | 18,108 | 18,914 | 20,783 |
45 | 7,248 | 12,538 | 17,387 | 18,191 | 20,198 |
46 | 6,670 | 11,357 | 16,601 | 17,466 | 19,609 |
47 | 6,095 | 10,179 | 15,942 | 16,746 | 19,021 |
48 | 5,654 | 9,858 | 15,407 | 16,182 | 18,298 |
49 | 5,210 | 9,537 | 14,868 | 15,620 | 17,574 |
50 | 4,768 | 9,215 | 14,335 | 15,056 | 16,851 |
51 | 4,327 | 8,894 | 13,798 | 14,494 | 16,129 |
52 | 3,885 | 8,573 | 13,262 | 13,933 | 15,407 |
53 | 3,683 | 7,822 | 12,245 | 13,154 | 14,814 |
54 | 3,482 | 7,072 | 11,225 | 12,378 | 14,226 |
55 | 3,282 | 6,321 | 10,208 | 11,601 | 13,636 |
56 | 3,082 | 5,572 | 9,189 | 10,825 | 13,045 |
57 | 2,879 | 4,823 | 8,172 | 10,049 | 12,457 |
58 | 2,692 | 4,285 | 7,007 | 8,682 | 10,825 |
59 | 2,502 | 3,750 | 5,841 | 7,315 | 9,189 |
60 | 2,318 | 3,216 | 4,674 | 5,947 | 7,556 |
61 | 2,132 | 2,678 | 3,510 | 4,582 | 5,921 |
62 | 1,943 | 2,144 | 2,344 | 3,216 | 4,285 |
63 | 1,943 | 2,103 | 2,265 | 2,959 | 3,819 |
64 | 1,943 | 2,062 | 2,182 | 2,706 | 3,353 |
65 | 1,943 | 2,024 | 2,103 | 2,451 | 2,879 |
66 | 1,943 | 1,984 | 2,024 | 2,197 | 2,411 |
67 and over | 1,943 | 1,943 | 1,943 | 1,943 | 1,943 |
Age of disabled person at his last birthday preceding death | Extent of incapacity for the relevant period | |
---|---|---|
Partial £ | Total £ | |
37 and under | 20,631 | 25,050 |
38 | 19,719 | 24,432 |
39 | 18,807 | 23,817 |
40 | 17,897 | 23,200 |
41 | 16,986 | 22,584 |
42 | 16,078 | 21,969 |
43 | 14,897 | 21,380 |
44 | 13,715 | 20,783 |
45 | 12,538 | 20,198 |
46 | 11,357 | 19,609 |
47 | 10,179 | 19,021 |
48 | 9,858 | 18,298 |
49 | 9,537 | 17,574 |
50 | 9,215 | 16,851 |
51 | 8,894 | 16,129 |
52 | 8,573 | 15,407 |
53 | 7,822 | 14,814 |
54 | 7,072 | 14,226 |
55 | 6,321 | 13,636 |
56 | 5,572 | 13,045 |
57 | 4,823 | 12,457 |
58 | 4,285 | 10,825 |
59 | 3,750 | 9,189 |
60 | 3,216 | 7,556 |
61 | 2,678 | 5,921 |
62 | 2,144 | 4,285 |
63 | 2,103 | 3,819 |
64 | 2,062 | 3,353 |
65 | 2,024 | 2,879 |
66 | 1,984 | 2,411 |
67 and over | 1,943 | 1,943 |
Age of disabled person at his last birthday preceding death | Payment £ |
---|---|
37 and under | 25,050 |
38 | 24,432 |
39 | 23,817 |
40 | 23,200 |
41 | 22,584 |
42 | 21,969 |
43 | 21,380 |
44 | 20,783 |
45 | 20,198 |
46 | 19,609 |
47 | 19,021 |
48 | 18,298 |
49 | 17,574 |
50 | 16,851 |
51 | 16,129 |
52 | 15,407 |
53 | 14,814 |
54 | 14,226 |
55 | 13,636 |
56 | 13,045 |
57 | 12,457 |
58 | 10,825 |
59 | 9,189 |
60 | 7,556 |
61 | 5,921 |
62 | 4,285 |
63 | 3,819 |
64 | 3,353 |
65 | 2,879 |
66 | 2,411 |
67 and over | 1,943” |
(This note is not part of the Regulations)
Under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”) lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled immediately before they died.
These Regulations amend the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988, as amended, so as to increase the amount payable under the Act. The increase in each case is 4.9 per cent, rounded up or down to the nearest £1 as appropriate.
The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.
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