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The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989

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Regulations 3, 4, 5 and 6

SCHEDULE

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 I975 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 under15,80128,21633,10634,04734,98835,73936,49237,24437,99738,749
3815,34927,08732,11033,25834,23434,98835,73936,49237,24437,997
3914,89725,95831,11232,46633,48334,23434,98835,73936,49237,244
4014,44724,82930,11531,67632,73033,48334,23434,98835,73936,492
4113,99523,70129,11830,88531,97832,73033,48334,23434,98835,739
4213,54222,57228,12230,09731,22531,97832,73033,48334,23434,988
4312,86621,25527,12429,49530,69931,60132,35333,10633,85834,611
4412,18919,93826,12828,89230,17231,22531,97832,73033,48334,234
4511,51218,62225,13028,29129,64530,84931,60132,35333,10633,858
4610,83417,30524,13327,68829,11830,47331,22531,97832,73033,483
4710,15815,98923,13627,08728,59230,09730,84931,60132,35333,106
489,57415,46122,34725,88327,68829,04329,79530,54831,30032,053
498,99114,93621,55624,67826,78627,99028,74229,49530,24831,000
508,40914,40820,76723,47625,88326,93627,68828,44129,19329,945
517,82513,88219,97622,27124,98025,88326,63527,38728,14128,892
527,24213,35519,18721,06824,07724,82925,58326,33427,08727,838
536,69612,41517,98220,01423,17424,07724,82925,58326,33427,087
546,15111,47416,77818,96222,27123,32524,07724,82925,58326,334
555,60610,53315,57617,90721,36822,57223,32524,07724,82925,583
565,0609,59414,37116,85420,46721,82022,57223,32524,07724,829
574,5148,65313,16815,80119,56321,06821,82022,57223,32524,077
584,1587,86411,75814,18217,60518,99819,80720,59821,36822,120
593,7997,07210,34512,56615,64916,92917,79418,62219,41220,163
603,4436,2828,93510,94713,69514,86115,78116,64817,45618,209
613,0845,4927,5249,33011,73812,79113,76914,67215,50116,252
622,7284,7026,1137,7129,78210,72211,75812,69813,54214,296
632,5394,2515,4926,8958,7019,63010,60911,51212,33913,091
642,3533,7994,8716,0767,6198,5409,46210,32711,13611,888
652,1643,3494,2515,2586,5367,4498,3149,1429,93210,684
661,9762,8983,6304,4395,4566,3587,1677,9578,7299,480
671,7882,4443,0093,6214,3745,2676,0206,7727,5248,276
681,7402,3692,9063,4704,2235,0605,7846,5647,2898,032
691,6932,2942,8033,3214,0734,8545,5506,3587,0557,787
701,6452,2192,6993,1703,9224,6465,3146,1516,8197,544
711,6002,1442,5973,0193,7714,4395,0795,9456,5847,299
721,5532,0692,4922,8703,6214,2334,8435,7376,3487,055
731,5142,0332,4552,8123,5654,1384,7495,5876,1606,847
741,4761,9932,4172,7563,5104,0444,6565,4365,9736,641
751,4401,9572,3802,6993,4513,9504,5625,2865,7846,432
761,4011,9182,3412,6423,3953,8584,4685,1365,5956,227
77 and over1,3641,8812,3052,5863,3383,7634,3744,9865,4086,020

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 I975 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Age of disabled personExtent of incapacity for the relevant period
PartialTotal
££
37 and under28,21638,749
3827,08737,997
3925,95837,244
4024,82936,492
4123,70135,739
4222,57234,988
4321,25534,611
4419,93834,234
4518,62233,858
4617,30533,483
4715,98933,106
4815,46132,053
4914,93631,000
5014,40829,945
5113,88228,892
5213,35527,838
5312,41527,087
5411,47426,334
5510,53325,583
569,59424,829
578,65324,077
587,86422,120
597,07220,163
606,28218,209
615,49216,252
624,70214,296
634,25113,091
643,79911,888
653,34910,684
662,8989,480
672,4448,276
682,3698,032
692,2947,787
702,2197,544
712,1447,299
722,0697,055
732,0336,847
741,9936,641
751,9576,432
761,9186,227
77 and over1,8816,020

TABLE 2

(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(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 I975 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(I)(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 deathPercentage assessment for the relevant period
10% or less11%–20%21%–30%40%50% and over
£££££
37 and under7,43014,48516,55317,11817,589
387,20413,84515,98916,55317,154
396,97913,20515,42415,98916,723
406,75212,56614,86115,42416,289
416,52711,92714,29614,86115,857
426,30211,28713,73114,29615,424
435,89610,45813,22313,78715,011
445,4929,63012,71513,28014,592
455,0888,80412,20812,77114,182
464,6837,97511,69912,26313,769
474,2797,14711,19311,75813,355
483,9696,92210,81711,36212,848
493,6586,69610,44010,96712,339
503,3496,47110,06510,57111,832
513,0376,2459,68810,17711,323
522,7286,0209,3119,78210,817
532,5865,4928,5969,23610,402
542,4444,9667,8808,6909,988
552,3054,4397,1678,1459,574
562,1643,9136,4527,6009,160
572,0213,3875,7377,0558,746
581,8903,0094,9196,0967,600
591,7582,6334,1015,1366,452
601,6282,2583,2824,1765,305
611,4961,8812,4643,2184,158
621,3641,5051,6452,2583,009
631,3641,4761,5902,0782,681
641,3641,4481,5331,8992,353
651,3641,4201,4761,7212,021
661,3641,3931,4201,5421,693
67 and over1,3641,3641,3641,3641,364

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 I975 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 deathExtent of incapacity for the relevant period
PartialTotal
££
37 and under14,48517,589
3813,84517,154
3913,20516,723
4012,56616,289
4111,92715,857
4211,28715,424
4310,45815,011
449,63014,592
458,80414,182
467,97513,769
477,14713,355
486,92212,848
496,69612,339
506,47111,832
516,24511,323
526,02010,817
535,49210,402
544,9669,988
554,4399,574
563,9139,160
573,3878,746
583,0097,600
592,6336,452
602,2585,305
611,8814,158
621,5053,009
631,4762,681
641,4482,353
651,4202,021
661,3931,693
67 and over1,3641,364

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

Age of disabled person at his last birthday preceding deathPayment
£
37 and under17,589
3817,154
3916,723
4016,289
4115,857
4215,424
4315,011
4414,592
4514,182
4613,769
4713,355
4812,848
4912,339
5011,832
5111,323
5210,817
5310,402
549,988
559,574
569,160
578,746
587,600
596,452
605,305
614,158
623,009
632,681
642,353
652,021
661,693
67 and over1,364

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