The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c.41) (“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 before they died.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668). Regulation 2(c) of these Regulations substitutes a new Schedule into the Act so as to increase amounts payable under it. The increase in each case is 1.5% rounded up or down to the nearest £1 as appropriate.

Payments under Parts A to C of Table 2 of the substituted Schedule, which prescribe the rates payable to dependants, have been increased by up to a further £5,000 to partially equalise payments to those disabled by the diseases to which the Act applies and payments to their dependants.

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.

A full impact assessment has not been produced for this instrument as no impact on the private, public or voluntary sectors is foreseen.