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2004 No. 214

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment No. 2) Regulations (Northern Ireland) 2004

  Made 6th May 2004 
  To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
  Coming into operation 20th June 2004 

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 No. 2) Regulations (Northern Ireland) 2004 and shall come into operation on 20th June 2004.

    (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 or after the day on which these Regulations come into operation.

    (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 "£2,068" (in each place where it occurs) there shall be substituted "£2,180".

    (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for "£4,278" (in each place where it occurs) there shall be substituted "£4,509".



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


6th May 2004.

L.S.


R. B. Gamble
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 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, 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 25,236 45,066 52,876 54,378 55,880 57,081 58,284 59,485 60,687 61,889
    38 24,514 43,261 51,282 53,118 54,676 55,880 57,081 58,284 59,485 60,687
    39 23,792 41,458 49,691 51,854 53,477 54,676 55,880 57,081 58,284 59,485
    40 23,073 39,655 48,099 50,591 52,273 53,477 54,676 55,880 57,081 58,284
    41 22,351 37,854 46,507 49,328 51,074 52,273 53,477 54,676 55,880 57,081
    42 21,627 36,052 44,914 48,071 49,871 51,074 52,273 53,477 54,676 55,880
    43 20,550 33,948 43,322 47,107 49,032 50,473 51,673 52,876 54,078 55,280
    44 19,467 31,845 41,728 46,146 48,189 49,871 51,074 52,273 53,477 54,676
    45 18,388 29,742 40,137 45,184 47,350 49,269 50,473 51,673 52,876 54,078
    46 17,305 27,640 38,546 44,224 46,507 48,670 49,871 51,074 52,273 53,477
    47 16,225 25,536 36,952 43,261 45,666 48,071 49,269 50,473 51,673 52,876
    48 15,291 24,694 35,693 41,339 44,224 46,383 47,589 48,790 49,989 51,194
    49 14,361 23,855 34,430 39,416 42,784 44,703 45,905 47,107 48,311 49,513
    50 13,429 23,013 33,192 37,494 41,339 43,020 44,224 45,425 46,625 47,827
    51 12,499 22,172 31,904 35,570 39,897 41,339 42,553 43,740 44,945 46,146
    52 11,567 21,331 30,644 33,648 38,454 39,655 40,860 42,060 43,261 44,462
    53 10,694 19,830 28,720 31,966 37,012 38,454 39,655 40,860 42,060 43,261
    54 9,823 18,328 26,797 30,286 35,570 37,255 38,454 39,655 40,860 42,060
    55 8,953 16,824 24,878 28,600 34,127 36,052 37,255 38,454 39,655 40,860
    56 8,081 15,321 22,953 26,919 32,688 34,849 36,052 37,255 38,454 39,655
    57 7,210 13,819 21,030 25,236 31,249 33,649 34,849 36,052 37,255 38,454
    58 6,640 12,559 18,779 22,650 28,119 30,344 31,635 32,899 34,127 35,331
    59 6,068 11,295 16,523 20,069 24,994 27,038 28,420 29,742 31,004 32,204
    60 5,500 10,033 14,270 17,484 21,874 23,734 25,204 26,589 27,881 29,083
    61 4,926 8,772 12,018 14,900 18,747 20,430 21,990 23,434 24,756 25,957
    62 4,356 7,511 9,764 12,317 15,624 17,125 18,779 20,279 21,627 22,832
    63 4,055 6,789 8,772 11,013 13,897 15,380 16,945 18,388 19,707 20,909
    64 3,761 6,068 7,780 9,703 12,167 13,640 15,113 16,494 17,784 18,985
    65 3,456 5,347 6,789 8,400 10,441 11,896 13,278 14,602 15,864 17,065
    66 3,156 4,629 5,798 7,088 8,714 10,154 11,447 12,707 13,941 15,142
    67 2,855 3,905 4,805 5,783 6,986 8,414 9,614 10,816 12,018 13,219
    68 2,777 3,783 4,641 5,543 6,747 8,081 9,238 10,485 11,640 12,828
    69 2,704 3,665 4,478 5,304 6,506 7,752 8,865 10,154 11,268 12,436
    70 2,629 3,546 4,310 5,062 6,265 7,419 8,488 9,823 10,890 12,048
    71 2,555 3,423 4,146 4,820 6,023 7,088 8,113 9,495 10,516 11,659
    72 2,479 3,306 3,981 4,583 5,783 6,761 7,735 9,163 10,137 11,268
    73 2,418 3,247 3,921 4,492 5,693 6,610 7,586 8,924 9,839 10,936
    74 2,359 3,184 3,861 4,402 5,605 6,458 7,437 8,684 9,540 10,598
    75 2,300 3,126 3,802 4,310 5,511 6,309 7,285 8,441 9,238 10,273
    76 2,239 3,062 3,739 4,222 5,422 6,161 7,137 8,203 8,936 9,946
    77 and over 2,180 3,003 3,681 4,130 5,332 6,009 6,986 7,965 8,638 9,614



    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 period specified in paragraph (1)(b) of that regulation.



    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 REGATUION 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

         Percentage assessment for the relevant period
    Age of disabled person at his last birthday preceding death 10% or less 11%-20% 21%-30% 31%-49% 50% and over
         £ £ £ £ £
    37 and under 11,867 23,136 26,436 27,341 28,091
    38 11,507 22,113 25,537 26,436 27,399
    39 11,148 21,091 24,636 25,536 26,708
    40 10,783 20,069 23,734 24,636 26,017
    41 10,424 19,049 22,832 23,734 25,327
    42 10,067 18,030 21,931 22,832 24,636
    43 9,416 16,705 21,120 22,021 23,976
    44 8,772 15,380 20,306 21,211 23,307
    45 8,127 14,059 19,498 20,400 22,650
    46 7,480 12,735 18,617 19,586 21,990
    47 6,834 11,414 17,878 18,779 21,331
    48 6,340 11,054 17,277 18,147 20,519
    49 5,842 10,694 16,673 17,516 19,707
    50 5,347 10,333 16,075 16,883 18,896
    51 4,853 9,973 15,473 16,254 18,087
    52 4,356 9,614 14,873 15,624 17,277
    53 4,130 8,772 13,732 14,751 16,612
    54 3,905 7,930 12,588 13,880 15,953
    55 3,681 7,088 11,447 13,010 15,291
    56 3,456 6,248 10,305 12,140 14,628
    57 3,228 5,409 9,163 11,268 13,969
    58 3,019 4,805 7,858 9,736 12,140
    59 2,806 4,205 6,551 8,203 10,305
    60 2,599 3,606 5,242 6,670 8,473
    61 2,390 3,003 3,937 5,138 6,640
    62 2,180 2,405 2,629 3,606 4,805
    63 2,180 2,359 2,540 3,318 4,282
    64 2,180 2,312 2,447 3,034 3,761
    65 2,180 2,270 2,359 2,748 3,228
    66 2,180 2,225 2,270 2,464 2,704
    67 and over 2,180 2,180 2,180 2,180 2,180



    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 28,091
    38 27,399
    39 26,708
    40 26,017
    41 25,327
    42 24,636
    43 23,976
    44 23,307
    45 22,650
    46 21,990
    47 21,331
    48 20,519
    49 19,707
    50 18,896
    51 18,087
    52 17,277
    53 16,612
    54 15,953
    55 15,291
    56 14,628
    57 13,969
    58 12,140
    59 10,305
    60 8,473
    61 6,640
    62 4,805
    63 4,282
    64 3,761
    65 3,228
    66 2,704
    67 and over 2,180
"




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 as prescribed under the Order. The increase in each case is 5.4 per cent, 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.

A regulatory impact assessment has not been produced for this rule as it has no impact on the costs of business.


Notes:

[1] Formerly known as the Department of Higher and Further Education, Training and Employment; see 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, S.R. 2000 No. 134, S.R. 2002 No. 133 and S.R. 2004 No. 124back



ISBN 0 33795536 0


  © Crown copyright 2004

Prepared 24 May 2004
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