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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 59

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005

  Made 1st March 2005 
  To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
  Coming into operation 10th April 2005 

The Department for Employment and Learning, in exercise of the powers conferred by Articles 2(2)[1], 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) 2005 and shall come into operation on 10th April 2005.

    (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 "£2,180" (in each place where it occurs) there shall be substituted "£2,248".

    (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for "£4,509" (in each place where it occurs) there shall be substituted "£4,649".



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


1st March 2005.

L.S.


T. Devine
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 26,018 46,463 54,515 56,064 57,612 58,851 60,091 61,329 62,568 63,808
    38 25,274 44,602 52,872 54,765 56,371 57,612 58,851 60,091 61,329 62,568
    39 24,530 42,743 51,231 53,461 55,135 56,371 57,612 58,851 60,091 61,329
    40 23,788 40,884 49,590 52,159 53,893 55,135 56,371 57,612 58,851 60,091
    41 23,044 39,027 47,949 50,857 52,657 53,893 55,135 56,371 57,612 58,851
    42 22,297 37,170 46,306 49,561 51,417 52,657 53,893 55,135 56,371 57,612
    43 21,187 35,000 44,665 48,567 50,552 52,038 53,275 54,515 55,754 56,994
    44 20,070 32,832 43,022 47,577 49,683 51,417 52,657 53,893 55,135 56,371
    45 18,958 30,664 41,381 46,585 48,818 50,796 52,038 53,275 54,515 55,754
    46 17,841 28,497 39,741 45,595 47,949 50,179 51,417 52,657 53,893 55,135
    47 16,728 26,328 38,098 44,602 47,082 49,561 50,796 52,038 53,275 54,515
    48 15,765 25,460 36,799 42,621 45,595 47,821 49,064 50,302 51,539 52,781
    49 14,806 24,595 35,497 40,638 44,110 46,089 47,328 48,567 49,809 51,048
    50 13,845 23,726 34,221 38,656 42,621 44,354 45,595 46,833 48,070 49,310
    51 12,886 22,859 32,893 36,673 41,134 42,621 43,872 45,096 46,338 47,577
    52 11,926 21,992 31,594 34,691 39,646 40,884 42,127 43,364 44,602 45,840
    53 11,026 20,445 29,610 32,957 38,159 39,646 40,884 42,127 43,364 44,602
    54 10,128 18,896 27,628 31,225 36,673 38,410 39,646 40,884 42,127 43,364
    55 9,231 17,346 25,649 29,487 35,185 37,170 38,410 39,646 40,884 42,127
    56 8,332 15,796 23,665 27,753 33,701 35,929 37,170 38,410 39,646 40,884
    57 7,434 14,247 21,682 26,018 32,218 34,692 35,929 37,170 38,410 39,646
    58 6,846 12,948 19,361 23,352 28,991 31,285 32,616 33,919 35,185 36,426
    59 6,256 11,645 17,035 20,691 25,769 27,876 29,301 30,664 31,965 33,202
    60 5,671 10,344 14,712 18,026 22,552 24,470 25,985 27,413 28,745 29,985
    61 5,079 9,044 12,391 15,362 19,328 21,063 22,672 24,160 25,523 26,762
    62 4,491 7,744 10,067 12,699 16,108 17,656 19,361 20,908 22,297 23,540
    63 4,181 6,999 9,044 11,354 14,328 15,857 17,470 18,958 20,318 21,557
    64 3,878 6,256 8,021 10,004 12,544 14,063 15,582 17,005 18,335 19,574
    65 3,563 5,513 6,999 8,660 10,765 12,265 13,690 15,055 16,356 17,594
    66 3,254 4,772 5,978 7,308 8,984 10,469 11,802 13,101 14,373 15,611
    67 2,944 4,026 4,954 5,962 7,203 8,675 9,912 11,151 12,391 13,629
    68 2,863 3,900 4,785 5,715 6,956 8,332 9,524 10,810 12,001 13,226
    69 2,788 3,779 4,617 5,468 6,708 7,992 9,140 10,469 11,617 12,822
    70 2,710 3,656 4,444 5,219 6,459 7,649 8,751 10,128 11,228 12,421
    71 2,634 3,529 4,275 4,969 6,210 7,308 8,365 9,789 10,842 12,020
    72 2,556 3,408 4,104 4,725 5,962 6,971 7,975 9,447 10,451 11,617
    73 2,493 3,348 4,043 4,631 5,869 6,815 7,821 9,201 10,144 11,275
    74 2,432 3,283 3,981 4,538 5,779 6,658 7,668 8,953 9,836 10,927
    75 2,371 3,223 3,920 4,444 5,682 6,505 7,511 8,703 9,524 10,591
    76 2,308 3,157 3,855 4,353 5,590 6,352 7,358 8,457 9,213 10,254
    77 and over 2,248 3,096 3,795 4,258 5,497 6,195 7,203 8,212 8,906 9,912



    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 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%-49% 50% and over
         £ £ £ £ £
    37 and under 12,235 23,853 27,256 28,189 28,962
    38 11,864 22,799 26,329 27,256 28,248
    39 11,494 21,745 25,400 26,328 27,536
    40 11,117 20,691 24,470 25,400 26,824
    41 10,747 19,640 23,540 24,470 26,112
    42 10,379 18,589 22,611 23,540 25,400
    43 9,708 17,223 21,775 22,704 24,719
    44 9,044 15,857 20,935 21,869 24,030
    45 8,379 14,495 20,102 21,032 23,352
    46 7,712 13,130 19,194 20,193 22,672
    47 7,046 11,768 18,432 19,361 21,992
    48 6,537 11,397 17,813 18,710 21,155
    49 6,023 11,026 17,190 18,059 20,318
    50 5,513 10,653 16,573 17,406 19,482
    51 5,003 10,282 15,953 16,758 18,648
    52 4,491 9,912 15,334 16,108 17,813
    53 4,258 9,044 14,158 15,208 17,127
    54 4,026 8,176 12,978 14,310 16,448
    55 3,795 7,308 11,802 13,413 15,765
    56 3,563 6,442 10,624 12,516 15,081
    57 3,328 5,577 9,447 11,617 14,402
    58 3,113 4,954 8,102 10,038 12,516
    59 2,893 4,335 6,754 8,457 10,624
    60 2,680 3,718 5,405 6,877 8,736
    61 2,464 3,096 4,059 5,297 6,846
    62 2,248 2,480 2,710 3,718 4,954
    63 2,248 2,432 2,619 3,421 4,415
    64 2,248 2,384 2,523 3,128 3,878
    65 2,248 2,340 2,432 2,833 3,328
    66 2,248 2,294 2,340 2,540 2,788
    67 and over 2,248 2,248 2,248 2,248 2,248



    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 28,962
    38 28,248
    39 27,536
    40 26,824
    41 26,112
    42 25,400
    43 24,719
    44 24,030
    45 23,352
    46 22,672
    47 21,992
    48 21,155
    49 20,318
    50 19,482
    51 18,648
    52 17,813
    53 17,127
    54 16,448
    55 15,765
    56 15,081
    57 14,402
    58 12,516
    59 10,624
    60 8,736
    61 6,846
    62 4,954
    63 4,415
    64 3,878
    65 3,328
    66 2,788
    67 and over 2,248"




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 further amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 so as to increase the amount payable as prescribed under the Order. The increase in each case is 3.1 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] See the definitions of "Department" and "prescribed". The Department of Manpower Services was renamed the Department of Economic Development: See S.I. 1982/846 (N.I. 11) Article 3back

[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) Article 40 and Schedule 3, paragraph 17 and 1992 c. 9 section 4 and 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 from the Department of Economic Development to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15back

[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, S.R. 2004 No. 124 and S.R. 2004 No. 214back



ISBN 0 337 95850 5


 © Crown copyright 2005

Prepared 9 March 2005
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