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2002 No. 133

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2002

  Made 3rd April 2002 
  Approved by resolution of the Assembly 22nd April 2002 
  Coming into operation in accordance with regulation 1(1)

The Department for Employment and Learning[1], in exercise of the powers conferred by Articles 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979[2] and now vested in it[3] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on the day after they are approved by resolution of the Assembly.

    (2) In these Regulations - 

    (a) "the Order" means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;

    (b) "the principal Regulations" means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988[
    4].

Amendment of the principal Regulations
     2.  - (1) The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on the day after they are approved by resolution of the Assembly.

    (2) For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

    (3) In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant), for "£1,992" in each place where it occurs there shall be substituted "£2,068".

    (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for "£4,121" (in each place where it occurs) there shall be substituted "£4,278".



Sealed with the Official Seal of the Department for Employment and Learning on


3rd April 2002.

L.S.


A. D. Shannon
A senior officer of the Department for Employment and Learning


SCHEDULE
Regulation 2(2)





    " SCHEDULE
    Regulations 3, 4 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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), the first period specified in paragraph 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, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), regulation 6(1). 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.

    Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 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

         Percentage assessment for the relevant period
    Age of disabled person 10% or less 11%-20% 21%-30% 31%-40% 41%-50% 51%-60% 61%-70% 71%-80% 81%-90% 91%-100%
         £ £ £ £ £ £ £ £ £ £
    37 and under 23,943 42,757 50,167 51,592 53,017 54,157 55,298 56,437 57,578 58,718
    38 23,258 41,045 48,655 50,397 51,875 53,017 54,157 55,298 56,437 57,578
    39 22,573 39,334 47,145 47,197 50,737 51,875 53,017 54,157 55,298 56,437
    40 21,891 37,623 45,635 47,999 49,595 50,737 51,875 53,017 54,157 55,298
    41 21,206 35,915 44,124 46,801 48,457 49,595 50,737 51,875 53,017 54,157
    42 20,519 34,205 42,613 45,608 47,316 48,457 49,595 50,737 51,875 53,017
    43 19,497 32,209 41,102 44,694 46,520 47,887 49,026 50,167 51,307 52,448
    44 18,470 30,213 39,590 43,782 45,720 47,316 48,457 49,595 50,737 51,875
    45 17,446 28,218 38,081 42,869 44,924 46,745 47,887 49,026 50,167 51,307
    46 16,418 26,224 36,571 41,958 44,124 46,176 47,316 48,457 49,595 50,737
    47 15,394 24,228 35,059 41,045 43,326 45,608 46,745 47,887 49,026 50,167
    48 14,508 23,429 33,864 39,221 41,958 44,007 45,151 46,290 47,428 48,571
    49 13,625 22,633 32,666 37,397 40,592 42,413 43,553 44,694 45,836 46,976
    50 12,741 21,834 31,491 35,573 39,221 40,816 41,958 43,098 44,236 45,377
    51 11,859 21,036 30,269 33,748 37,853 39,221 40,373 41,499 42,642 43,782
    52 10,974 20,238 29,074 31,924 36,484 37,623 38,767 39,905 41,045 42,184
    53 10,146 18,814 27,249 30,328 35,116 36,484 37,623 38,767 39,905 41,045
    54 9,320 17,389 25,424 28,734 33,748 35,346 36,484 37,623 38,767 39,905
    55 8,494 15,962 23,603 27,135 32,379 34,205 35,346 36,484 37,623 38,767
    56 7,667 14,536 21,777 25,540 31,013 33,064 34,205 35,346 36,484 37,623
    57 6,841 13,111 19,953 23,943 29,648 31,925 33,064 34,205 35,346 36,484
    58 6,300 11,916 17,817 21,490 26,678 28,789 30,014 31,213 32,379 33,521
    59 5,757 10,716 15,676 19,041 23,713 25,653 26,964 28,218 29,416 30,554
    60 5,218 9,519 13,539 16,588 20,753 22,518 23,913 25,227 26,453 27,593
    61 4,674 8,323 11,402 14,137 17,787 19,383 20,863 22,233 23,488 24,627
    62 4,133 7,126 9,264 11,686 14,824 16,248 17,817 19,240 20,519 21,662
    63 3,847 6,441 8,323 10,449 13,185 14,592 16,077 17,446 18,697 19,838
    64 3,568 5,757 7,381 9,206 11,544 12,941 14,339 15,649 16,873 18,012
    65 3,279 5,073 6,441 7,970 9,906 11,287 12,598 13,854 15,051 16,191
    66 2,994 4,392 5,501 6,725 8,268 9,634 10,861 12,056 13,227 14,366
    67 2,709 3,705 4,559 5,487 6,628 7,983 9,121 10,262 11,402 12,542
    68 2,635 3,589 4,403 5,259 6,401 7,667 8,765 9,948 11,044 12,171
    69 2,565 3,477 4,249 5,032 6,173 7,355 8,411 9,634 10,691 11,799
    70 2,494 3,364 4,089 4,803 5,944 7,039 8,053 9,320 10,332 11,431
    71 2,424 3,248 3,934 4,573 5,714 6,725 7,697 9,009 9,977 11,062
    72 2,352 3,137 3,777 4,348 5,487 6,415 7,339 8,694 9,618 10,691
    73 2,294 3,081 3,720 4,262 5,401 6,271 7,197 8,467 9,335 10,376
    74 2,238 3,021 3,663 4,176 5,318 6,127 7,056 8,239 9,051 10,055
    75 2,182 2,966 3,607 4,089 5,229 5,986 6,912 8,009 8,765 9,747
    76 2,124 2,905 3,547 4,006 5,144 5,845 6,771 7,783 8,478 9,436
    77 and over 2,068 2,849 3,492 3,918 5,059 5,701 6,628 7,557 8,195 9,121



    Table 2

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

        (2) The relevant period is the period specified in regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), the first period specified in paragraph 6(1)(b).



    Part A

    Payments to dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 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(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% 31%-40% 50% and over
         £ £ £ £ £
    37 and under 11,259 21,951 25,082 25,940 26,652
    38 10,917 20,980 24,229 25,082 25,995
    39 10,577 20,010 23,374 24,228 25,340
    40 10,231 19,041 22,518 23,374 24,684
    41 9,890 18,073 21,662 22,518 24,029
    42 9,551 17,106 20,807 21,662 23,374
    43 8,934 15,849 20,038 20,893 22,748
    44 8,323 14,592 19,266 20,124 22,113
    45 7,711 13,339 18,499 19,355 21,490
    46 7,097 12,083 17,663 18,583 20,863
    47 6,484 10,829 16,962 17,817 20,238
    48 6,015 10,488 16,392 17,217 19,468
    49 5,543 10,146 15,819 16,619 18,697
    50 5,073 9,804 15,251 16,018 17,928
    51 4,604 9,462 14,680 15,421 17,160
    52 4,133 9,121 14,111 14,824 16,392
    53 3,918 8,323 13,028 13,995 15,761
    54 3,705 7,524 11,943 13,169 15,136
    55 3,492 6,725 10,861 12,343 14,508
    56 3,279 5,928 9,777 11,518 13,879
    57 3,063 5,132 8,694 10,691 13,253
    58 2,864 4,559 7,455 9,237 11,518
    59 2,662 3,990 6,215 7,783 9,777
    60 2,466 3,421 4,973 6,328 8,039
    61 2,268 2,849 3,735 4,875 6,300
    62 2,068 2,282 2,494 3,421 4,559
    63 2,068 2,238 2,410 3,148 4,063
    64 2,068 2,194 2,322 2,879 3,568
    65 2,068 2,154 2,238 2,607 3,063
    66 2,068 2,111 2,154 2,338 2,565
    67 and over 2,068 2,068 2,068 2,068 2,068



    Part B

    Payments 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 26,652
    38 25,995
    39 25,340
    40 24,684
    41 24,029
    42 23,374
    43 22,748
    44 22,113
    45 21,490
    46 20,863
    47 20,238
    48 19,468
    49 18,697
    50 17,928
    51 17,160
    52 16,392
    53 15,761
    54 15,136
    55 14,508
    56 13,879
    57 13,253
    58 11,518
    59 9,777
    60 8,039
    61 6,300
    62 4,559
    63 4,063
    64 3,568
    65 3,063
    66 2,565
    67 and over 2,068"




EXPLANATORY NOTE

(This note is not part of the Regulations.)


Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 ("the Order") lump sum payments may be made to certain persons disabled by a disease to which the Order 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 (Northern Ireland) 1988, as amended, so as to increase the amount payable under the Order. The increase in each case is 3.8 percent, rounded up or down to the nearest £1 as appropriate.

The diseases to which the Order applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.


Notes:

[1] Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15back

[2] S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22back

[3] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learningback

[4] S.R. 1988 No. 242 as amended by S.R. 1989 No. 240, S.R. 1991 No. 120, S.R. 1992 No. 213, S.R. 1993 No. 325, S.R. 1995 No. 338, S.R. 1996 No. 485, S.R. 1997 No. 409, S.R. 1998 No. 358 and S.R. 2000 No. 134back



ISBN 0 337 94272 2


  © Crown copyright 2002

Prepared 28 May 2002
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