1988 No. 668

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988

Made

Coming into force

The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 19791 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:—

Citation, commencement, revocation and transitional provision1

1

These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 and shall come into force on 11th April 1988 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.

2

Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 19852 are revoked.

3

Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first satisfies the conditions of entitlement to a payment under the Act before 11th April 1988.

Interpretation2

1

In these Regulations unless the context otherwise requires:—

a

the Act” means the Pneumoconiosis etc. (Workers' Compensation) Act 1979;

b

“the appropriate percentage” means, in the case of any disease, the percentage specified in section 57(1) of the Social Security Act 19753 or, if Regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the Regulations;

c

“the appropriate period” means, in the case of any disease, the period specified in section 57(4) of the 1975 Act or, if Regulations have been made under section 77 of that Act specifying a different period in relation to that disease, the period specified in the Regulations;

d

“claim” means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 19854;

e

“determination” as respects a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), a Silicosis Medical Board or a Medical Appeal Tribunal means a determination in connection with a claim for disablement benefit;

f

“disease” means a disease to which the Act applies, namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung and bilateral diffuse pleural thickening;

g

“extent of incapacity” means extent of incapacity, either “total” or “partial”, assessed by a Silicosis Medical Board for the purposes of determining entitlement to an allowance under a scheme made, or having effect as if made, under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 19755 or under any corresponding provision of the former Old Cases Acts6;

h

“percentage assessment” means percentage disability assessed in respect of a disease by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, for the purpose of determining entitlement to disablement benefit under section 76 of the Social Security Act 1975 or under any corresponding provision of the former Industrial Injuries Acts7;

i

“primary carcinoma of the lung” means primary carcinoma of the lung where there is accompanying evidence of one or both of the following:—

i

asbestosis

ii

bilateral diffuse pleural thickening;

j

“Secretary of State” means the Secretary of State for Employment.

2

Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.

Payments to persons disabled by a disease3

1

The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with Table 1 of the Schedule.

2

For the purpose of a determination as respects Part A of Table 1 of the Schedule the age of the person concerned and the percentage assessment shall be related to the first determination that he was suffering from the disease in the following manner—

a

in any case where the said determination was a determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which that determination was made, and the percentage assessment shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination by that Board;

b

in any case where the said determination was a determination of a Medical Appeal Tribunal, the age of that person shall be his age at his last birthday preceding the first day of the month in which his case was last considered by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), (being at a time prior to the aforesaid determination of a Medical Appeal Tribunal) and the percentage assessment shall be that which is applicable for the period immediately following the date of that last consideration by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be).

3

For the purpose of a determination as respects Part B of Table 1 of the Schedule the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month of the first determination of a Silicosis Medical Board that he was suffering from the disease, or in the case of diffuse mesothelioma, the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which the Administrative Board (established for the purposes of the Industrial Injuries and Diseases (Old Cases) Act 1975 or any of the former Old Cases Acts) or an insurance officer, or an adjudication officer, as the case may be, first awarded disablement benefit in respect of the disease: and the extent of incapacity shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination or the award of disablement benefit, as the case may be.

4

In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the provisions of this regulation shall apply subject to the provisions of regulation 6.

Payments to dependants of persons disabled by a disease4

1

The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, or would have been payable but for his disablement amounting to less than the appropriate percentage, being the dependant entitled to a payment under the Act, shall be determined by ascertaining the amount which would have been payable to the deceased in accordance with regulation 3 had he still been alive and had duly made a claim for payment under the Act, deducting from that amount the sum which would have been payable to the deceased if his age at his last birthday preceding his death were substituted for the age used in ascertaining the said amount in accordance with the said regulation 3.

2

Where the Secretary of State is satisfied that the deceased died as a result of the disease, there shall be added to the amount calculated in accordance with paragraph (1) of this regulation a further amount determined in accordance with Table 2 of the Schedule and the age of the deceased for this purpose shall be his age at his last birthday preceding his death. In the case of a disease other than diffuse mesothelioma, the percentage disablement or extent of incapacity, as the case may be, shall be the same as that used in determining the amount payable under the provisions of regulation 3.

3

For the purpose of determining whether a payment should be made under the provisions of paragraph (2) of this regulation, it shall be sufficient evidence that the deceased died as a result of the disease if death benefit is payable or was paid as a lump sum by reason of the deceased’s death as a result of the disease.

4

It shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence that a claim for death benefit has been disallowed on the ground that the deceased did not die as a result of the disease.

5

Where no claim for death benefit has been made, it shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence available that in the opinion of two doctors of the pneumoconiosis medical panel or Medical Boarding Centre (Respiratory Diseases), as the case may be, the deceased did not die as a result of the disease.

6

a

A dependant of a person to whom disablement benefit in respect of a disease was not payable immediately before he died, being the dependant entitled to a payment under the Act, shall be paid an amount determined in accordance with Table 2 of the Schedule if:—

i

death benefit is payable to or in respect of the said dependant, or

ii

disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed benefit, or but for his having died before he had suffered from the disease for the appropriate period.

b

The relevant percentage assessment or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table, shall be that determined by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board in respect of the period immediately prior to the deceased’s death or if no such determination was made the said relevant percentage assessment or extent of incapacity shall be taken as 10 per cent. or “partial” respectively: and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.

7

As respects any claim made by the dependant of a deceased person where that person has died as a result of diffuse mesothelioma, the provisions of this regulation shall apply subject to the provisions of regulation 5.

Payment where death results from diffuse mesothelioma5

1

In any case where the Secretary of State is satisfied, as respects a claim by a dependant of a deceased person who died on or after 22nd August 1966 (the said dependant being the dependant who is entitled to a payment under the Act), that the said deceased person died as a result of diffuse mesothelioma the amount of the payment to that dependant shall be:—

a

the amount payable in accordance with regulation 4 in respect of diffuse mesothelioma if—

i

disablement benefit was payable to the deceased immediately before he died solely in respect of diffuse mesothelioma, or

ii

death benefit is payable to or in respect of the said dependant where disablement benefit in respect of a disease was not payable to the deceased immediately before he died, or

iii

disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed the benefit or but for his having died before he had suffered from the disease for the appropriate period;

b

if disablement benefit was payable to the deceased immediately before he died solely in respect of pneumoconiosis, either—

i

the total amount payable in accordance with regulation 4 in a case where the deceased’s death resulted from pneumoconiosis or, if greater—

ii

the amount payable in accordance with regulation 4(6) in respect of the deceased’s death as a result of diffuse mesothelioma;

c

if disablement benefit was payable to the deceased immediately before he died in respect of both pneumoconiosis and diffuse mesothelioma or would have been payable to him but for the circumstances specified in (a)(iii) above, either the amount payable in accordance with paragraph (a) of this regulation or that payable in accordance with paragraph (b)(i), whichever amount is the greater.

Provided that in any case the amount payable to a dependant under this regulation shall be at least £1,263 more than the amount which would have been payable to him if he had been entitled to a payment calculated in accordance with regulation 4(6).

2

In the case of any amount payable in accordance with this regulation to the dependant of a deceased person the Secretary of State shall deduct from any such amount a sum equal to any payment made under the provisions of the Act to the said deceased person prior to death, save that any amount so payable after any such deduction shall not, in any event, be less than the minimum payment prescribed in regulation 8.

Payment where pneumoconiosis is accompanied by tuberculosis6

1

In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the amount payable to any such disabled person under the provisions of the Act shall be determined by adding together—

a

the sum of £2,613, if the percentage assessment applicable for the period immediately following the date relevant for the purposes of regulation 3(2) was one hundred per cent. or if less than one hundred per cent. that percentage of £2,613, in respect of the year beginning on that date (that is to say the date relevant for the purpose of regulation 3(2)), and in respect of each successive year beginning on the anniversary of that date on the first day of which the said disabled person was, or appears to the Secretary of State to have been, suffering from pneumoconiosis accompanied by active tuberculosis, and

b

a lump sum determined in accordance with Part A of Table 1 of the Schedule, taking, for this purpose, the age of the disabled person as his age at his last birthday prior to the end of the last year to which paragraph (1)(a) of this regulation applies, and taking also for this purpose the percentage assessment as that applicable for the period immediately following the end of the period during which the said disabled person was suffering from pneumoconiosis accompanied by active tuberculosis.

2

The amount payable to a dependant of any disabled person who, had he been alive, would have been entitled to a payment determined in accordance with paragraph (1) of this regulation, being the dependant entitled to a payment under the Act, shall be determined in accordance with regulation 4, save that the amount which would have been payable to the deceased in accordance with paragraph (1) of this regulation shall be substituted for the amount which would have been payable to him in accordance with regulation 3 with the percentage disablement taken for the purpose of determining the sum to be deducted under regulation 4(1) from the aforesaid amount being the percentage disablement used for the purpose of determining the lump sum under paragraph (1)(b) of this regulation.

3

In any case to which the provisions of this regulation apply and where it appears to the Secretary of State that tuberculosis either remains active at the time a claim is made under the provisions of the Act, or remained active until the time when the disabled person died, the amount of the payment shall be determined as if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.

4

No payment made in accordance with this regulation shall exceed the amount which would have been payable if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.

Power of Secretary of State to determine amount of payment7

In the case of a claim by any person who appears to the Secretary of State to be entitled to a payment under the Act but in respect of whose claim the Secretary of State is unable to determine affirmatively or accurately, to his satisfaction, the amount which should properly be paid to that person in accordance with these Regulations (whether because the date relevant for the purposes of regulation 3 is unknown or uncertain or for some other reason), payment shall nevertheless be made to that person of whatever amount, in any particular case, appears to the Secretary of State to be just and equitable:

Provided that in the case of any such payment—

a

where the date relevant for the purposes of regulation 3 is unknown or uncertain, the date to be taken as the relevant date shall be the latest date which, on the evidence available, could have been the relevant date;

b

where the relevant percentage disablement is unknown or uncertain this shall be taken as the lowest percentage on the evidence available which could have been the relevant percentage disablement;

c

where the relevant extent of incapacity is unknown or uncertain this shall be taken to be “partial”.

Minimum amount payable to dependant8

In any case where entitlement to payment under the Act has been established by the dependant of any person who immediately before he died was disabled by a disease and the amount of any payment to the said dependant under the foregoing provisions of these Regulations is less than the sum of £1,263 the amount actually payable to that dependant shall, in no such case, be less than that sum.

Signed by order of the Secretary of State.

Patrick NichollsParliamentary Under Secretary of State,Department of Employment

SCHEDULE

Regulations 3, 4, 5 and 6

TABLE 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 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 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 3(3) 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.

PART Apayments to disabled persons to whom is payable disablement benefit under section 76 of the social security act 1975 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 less

11—20%

21—30%

40%

50%

60%

70%

80%

90%

100%

£

£

£

£

£

£

£

£

£

£

37 and under

14,630

26,126

30,653

31,525

32,396

33,091

33,789

34,486

35,182

35,879

38

14,212

25,081

29,731

30,794

31,698

32,396

33,091

33,789

34,486

35,182

39

13,794

24,035

28,808

30,061

31,003

31,698

32,396

33,091

33,789

34,486

40

13,377

22,990

27,885

29,330

30,305

31,003

31,698

32,396

33,091

33,789

41

12,958

21,945

26,961

28,597

29,610

30,305

31,003

31,698

32,396

33,091

42

12,539

20,900

26,039

27,867

28,912

29,610

30,305

31,003

31,698

32,396

43

11,913

19,681

25,114

27,311

28,425

29,260

29,957

30,653

31,350

32,048

44

11,286

18,461

24,192

26,752

27,937

28,912

29,610

30,305

31,003

31,698

45

10,659

17,243

23,269

26,195

27,449

28,564

29,260

29,957

30,653

31,350

46

10,032

16,023

22,346

25,637

26,961

28,215

28,912

29,610

30,305

31,003

47

9,406

14,805

21,422

25,081

26,474

27,867

28,564

29,260

29,957

30,653

48

8,864

14,315

20,692

23,965

25,637

26,892

27,588

28,285

28,981

29,679

49

8,325

13,829

19,960

22,850

24,802

25,916

26,613

27,311

28,007

28,704

50

7,786

13,341

19,228

21,737

23,965

24,941

25,637

26,334

27,031

27,727

51

7,246

12,854

18,496

20,622

23,130

23,965

24,662

25,359

26,056

26,752

52

6,705

12,366

17,766

19,507

22,293

22,990

23,688

24,383

25,081

25,776

53

6,200

11,496

16,650

18,532

21,457

22,293

22,990

23,688

24,383

25,081

54

5,695

10,624

15,535

17,557

20,622

21,597

22,293

22,990

23,688

24,383

55

5,191

9,753

14,422

16,581

19,785

20,900

21,597

22,293

22,990

23,688

56

4,685

8,883

13,306

15,606

18,951

20,204

20,900

21,597

22,293

22,990

57

4,179

8,012

12,192

14,630

18,114

19,507

20,204

20,900

21,597

22,293

58

3,850

7,281

10,887

13,132

16,301

17,591

18,340

19,072

19,785

20,482

59

3,518

6,548

9,578

11,636

14,490

15,675

16,476

17,243

17,974

18,670

60

3,188

5,817

8,273

10,136

12,680

13,760

14,612

15,415

16,163

16,860

61

2,856

5,085

6,967

8,639

10,868

11,844

12,749

13,585

14,352

15,048

62

2,526

4,354

5,660

7,140

9,058

9,928

10,887

11,757

12,539

13,237

63

2,351

3,936

5,085

6,384

8,056

8,917

9,824

10,659

11,425

12,122

64

2,179

3,518

4,510

5,626

7,055

7,907

8,761

9,562

10,311

11,007

65

2,004

3,101

3,936

4,868

6,052

6,897

7,698

8,465

9,196

9,893

66

1,829

2,683

3,361

4,110

5,052

5,887

6,636

7,367

8,082

8,778

67

1,656

2,263

2,786

3,353

4,050

4,877

5,574

6,270

6,967

7,663

68

1,611

2,194

2,691

3,213

3,910

4,685

5,356

6,078

6,749

7,437

69

1,568

2,124

2,595

3,075

3,771

4,494

5,139

5,887

6,533

7,210

70

1,523

2,055

2,499

2,935

3,631

4,302

4,920

5,695

6,314

6,985

71

1,481

1,986

2,404

2,795

3,492

4,110

4,702

5,504

6,097

6,758

72

1,438

1,916

2,308

2,657

3,353

3,919

4,484

5,312

5,877

6,533

73

1,402

1,882

2,273

2,604

3,301

3,831

4,398

5,173

5,704

6,340

74

1,367

1,846

2,238

2,552

3,250

3,744

4,311

5,033

5,530

6,149

75

1,333

1,812

2,204

2,499

3,195

3,658

4,224

4,894

5,356

5,956

76

1,298

1,776

2,168

2,447

3,143

3,572

4,137

4,756

5,181

5,766

77 and over

1,263

1,741

2,134

2,395

3,091

3,484

4,050

4,617

5,007

5,574

PART Bpayments to disabled persons to whom is payable an allowance under a scheme made or having effect as if made under section 5 of the industrial injuries and diseases (old cases) act 1975 or under any corresponding provision of the former old cases acts.

Age of disabled person

Extent of incapacity for the relevant period

Partial £

Total £

37 and under

26,126

35,879

38

25,081

35,182

39

24,035

34,486

40

22,990

33,789

41

21,945

33,091

42

20,900

32,396

43

19,681

32,048

44

18,461

31,698

45

17,243

31,350

46

16,023

31,003

47

14,805

30,653

48

14,315

29,679

49

13,829

28,704

50

13,341

27,727

51

12,854

26,752

52

12,366

25,776

53

11,496

25,081

54

10,624

24,383

55

9,753

23,688

56

8,883

22,990

57

8,012

22,293

58

7,281

20,482

59

6,548

18,670

60

5,817

16,860

61

5,085

15,048

62

4,354

13,237

63

3,936

12,122

64

3,518

11,007

65

3,101

9,893

66

2,683

8,778

67

2,263

7,663

68

2,194

7,437

69

2,124

7,210

70

2,055

6,985

71

1,986

6,758

72

1,916

6,533

73

1,882

6,340

74

1,846

6,149

75

1,812

5,956

76

1,776

5,766

77 and over

1,741

5,574

TABLE 2

1

Table 2 is for the determination of additional payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(6).

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 paragraph (1)(b) of that regulation.

PART Apayments to dependants to whom death benefit under section 76 of the social security act 1975 is payable, or to dependants of persons to whom disablement benefit under that section or under any corresponding provision of the former indutrial 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 less

11%—20%

21%—30%

40%

50% and over

£

£

£

£

£

37 and under

6,880

13,412

15,327

15,850

16,286

38

6,671

12,819

14,805

15,327

15,883

39

6,462

12,227

14,282

14,805

15,484

40

6,252

11,636

13,760

14,282

15,083

41

6,043

11,043

13,237

13,760

14,682

42

5,835

10,451

12,714

13,237

14,282

43

5,460

9,684

12,243

12,766

13,899

44

5,085

8,917

11,773

12,296

13,512

45

4,711

8,152

11,304

11,825

13,132

46

4,336

7,385

10,833

11,355

12,749

47

3,962

6,617

10,364

10,887

12,366

48

3,675

6,409

10,016

10,520

11,896

49

3,387

6,200

9,666

10,155

11,425

50

3,101

5,991

9,319

9,788

10,955

51

2,812

5,782

8,971

9,423

10,484

52

2,526

5,574

8,621

9,058

10,016

53

2,395

5,085

7,960

8,552

9,632

54

2,263

4,598

7,297

8,046

9,249

55

2,134

4,110

6,636

7,542

8,864

56

2,004

3,623

5,974

7,037

8,481

57

1,872

3,136

5,312

6,533

8,098

58

1,750

2,786

4,555

5,644

7,037

59

1,628

2,438

3,798

4,756

5,974

60

1,507

2,091

3,039

3,867

4,912

61

1,386

1,741

2,282

2,979

3,850

62

1,263

1,393

1,523

2,091

2,786

63

1,263

1,367

1,472

1,924

2,482

64

1,263

1,341

1,419

1,759

2,179

65

1,263

1,315

1,367

1,594

1,872

66

1,263

1,290

1,315

1,428

1,568

67 and over

1,263

1,263

1,263

1,263

1,263

PART Bpayments to dependants to whom death benefit under a scheme made or having effect as if made under section 5 of the industrial injuries and diseases (old cases) act 1975 has been paid, or to dependants of persons to whom an allowance under such a scheme or under a scheme made or having effect as if made under any corresponding provision of the former old cases acts was payable, 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

Extent of incapacity for the relevant period

Partial £

Total £

37 and under

13,412

16,286

38

12,819

15,883

39

12,227

15,484

40

11,636

15,083

41

11,043

14,682

42

10,451

14,282

43

9,634

13,899

44

8,917

13,512

45

8,152

13,132

46

7,385

12,749

47

6,617

12,366

48

6,409

11,896

49

6,200

11,425

50

5,991

10,955

51

5,782

10,484

52

5,574

10,016

53

5,085

9,632

54

4,598

9,249

55

4,110

8,864

56

3,623

8,481

57

3,136

8,098

58

2,786

7,037

59

2,438

5,974

60

2,091

4,912

61

1,741

3,850

62

1,393

2,786

63

1,367

2,482

64

1,341

2,179

65

1,315

1,872

66

1,290

1,568

67 and over

1,263

1,263

PART Cpayments to dependants of persons who died as a result of diffuse mesothelioma.

Age of disabled person at his last birthday preceding death

Payment

£

37 and under

16,286

38

15,883

39

15,484

40

15,083

41

14,682

42

14,282

43

13,899

44

13,512

45

13,132

46

12,749

47

12,366

48

11,896

49

11,425

50

10,955

51

10,484

52

10,016

53

9,632

54

9,249

55

8,864

56

8,481

57

8,098

58

7,037

59

5,974

60

4,912

61

3,850

62

2,786

63

2,482

64

2,179

65

1,872

66

1,568

67 and over

1,263

(This note is not part of the Regulations)

These Regulations, which come into force on 11th April 1988, prescribe the amount of payments to be made under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the Act”), as amended by the Social Security Act 1985 and the Social Security Act 1986, to persons disabled by a disease to which the Act applies (namely pneumoconiosis, bysinnosis, 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 section 2 of the Act.

The Regulations re-enact the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985 (“the 1985 Regulations”) which are revoked. In addition to minor and drafting amendments they make the following changes of substance:—

a

The amount of payments laid down by the 1985 Regulations is increased by 8.5% rounded up or down to the nearest £1 as appropriate.

b

Regulations 4 and 5 are amended to take account of the changes made to the conditions of entitlement in section 2 of the 1979 Act by the Social Security Act 1986.

c

Amendments are made consequential on the changes of title of the Pneumoconiosis Medical Board, the Pneumoconiosis Medical Panel and Insurance Officer.