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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 87

SOCIAL SECURITY

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2006

  Made 6th March 2006 
  To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
  Coming into operation 16th April 2006 

The Department for Employment and Learning makes the following Regulations 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]:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 16th April 2006.

    (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 "£2,248" (in each place where it occurs) there shall be substituted "£2,309".

    (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for "£4,649" (in each place where it occurs) there shall be substituted "£4,775".



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


6th March 2006.

L.S.


D. S. S. McAuley
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 26,720 47,718 55,987 57,578 59,168 60,440 61,713 62,985 64,257 65,531
    38 25,956 45,806 54,300 56,244 57,893 59,168 60,440 61,713 62,985 64,257
    39 25,192 43,897 52,614 54,904 56,624 57,893 59,168 60,440 61,713 62,985
    40 24,430 41,988 50,929 53,567 55,348 56,624 57,893 59,168 60,440 61,713
    41 23,666 40,081 49,244 52,230 54,079 55,348 56,624 57,893 59,168 60,440
    42 22,899 38,174 47,556 50,899 52,805 54,079 55,348 56,624 57,893 59,168
    43 21,759 35,945 45,871 49,878 51,917 53,443 54,713 55,987 57,259 58,533
    44 20,612 33,718 44,184 48,862 51,024 52,805 54,079 55,348 56,624 57,893
    45 19,470 31,492 42,498 47,843 50,136 52,167 53,443 54,713 55,987 57,259
    46 18,323 29,266 40,814 46,826 49,244 51,534 52,805 54,079 55,348 56,624
    47 17,180 27,039 39,127 45,806 48,353 50,899 52,167 53,443 54,713 55,987
    48 16,191 26,147 37,793 43,772 46,826 49,112 50,389 51,660 52,931 54,206
    49 15,206 25,259 36,455 41,735 45,301 47,333 48,606 49,878 51,154 52,426
    50 14,219 24,367 35,145 39,700 43,772 45,552 46,826 48,097 49,368 50,641
    51 13,234 23,476 33,781 37,663 42,245 43,772 45,057 46,314 47,589 48,862
    52 12,248 22,586 32,447 35,628 40,716 41,988 43,264 44,535 45,806 47,078
    53 11,324 20,997 30,409 33,847 39,189 40,716 41,988 43,264 44,535 45,806
    54 10,401 19,406 28,374 32,068 37,663 39,447 40,716 41,988 43,264 44,535
    55 9,480 17,814 26,342 30,283 36,135 38,174 39,447 40,716 41,988 43,264
    56 8,557 16,222 24,304 28,502 34,611 36,899 38,174 39,447 40,716 41,988
    57 7,635 14,632 22,267 26,720 33,088 35,629 36,899 38,174 39,447 40,716
    58 7,031 13,298 19,884 23,983 29,774 32,130 33,497 34,835 36,135 37,410
    59 6,425 11,959 17,495 21,250 26,465 28,629 30,092 31,492 32,828 34,098
    60 5,824 10,623 15,109 18,513 23,161 25,131 26,687 28,153 29,521 30,795
    61 5,216 9,288 12,726 15,777 19,850 21,632 23,284 24,812 26,212 27,485
    62 4,612 7,953 10,339 13,042 16,543 18,133 19,884 21,473 22,899 24,176
    63 4,294 7,188 9,288 11,661 14,715 16,285 17,942 19,470 20,867 22,139
    64 3,983 6,425 8,238 10,274 12,883 14,443 16,003 17,464 18,830 20,102
    65 3,659 5,662 7,188 8,894 11,056 12,596 14,060 15,461 16,798 18,069
    66 3,342 4,901 6,139 7,505 9,227 10,752 12,121 13,455 14,761 16,032
    67 3,023 4,135 5,088 6,123 7,397 8,909 10,180 11,452 12,726 13,997
    68 2,940 4,005 4,914 5,869 7,144 8,557 9,781 11,102 12,325 13,583
    69 2,863 3,881 4,742 5,616 6,889 8,208 9,387 10,752 11,931 13,168
    70 2,783 3,755 4,564 5,360 6,633 7,856 8,987 10,401 11,531 12,756
    71 2,705 3,624 4,390 5,103 6,378 7,505 8,591 10,053 11,135 12,345
    72 2,625 3,500 4,215 4,853 6,123 7,159 8,190 9,702 10,733 11,931
    73 2,560 3,438 4,152 4,756 6,027 6,999 8,032 9,449 10,418 11,579
    74 2,498 3,372 4,088 4,661 5,935 6,838 7,875 9,195 10,102 11,222
    75 2,435 3,310 4,026 4,564 5,835 6,681 7,714 8,938 9,781 10,877
    76 2,370 3,242 3,959 4,471 5,741 6,524 7,557 8,685 9,462 10,531
    77 and over 2,309 3,180 3,897 4,373 5,645 6,362 7,397 8,434 9,146 10,180



    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

               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 12,565 24,497 27,992 28,950 29,744
    38 12,184 23,415 27,040 27,992 29,011
    39 11,804 22,332 26,086 27,039 28,279
    40 11,417 21,250 25,131 26,086 27,548
    41 11,037 20,170 24,176 25,131 26,817
    42 10,659 19,091 23,221 24,176 26,086
    43 9,970 17,688 22,363 23,317 25,386
    44 9,288 16,285 21,500 22,459 24,679
    45 8,605 14,886 20,645 21,600 23,983
    46 7,920 13,485 19,712 20,738 23,284
    47 7,236 12,086 18,930 19,884 22,586
    48 6,713 11,705 18,294 19,215 21,726
    49 6,186 11,324 17,654 18,547 20,867
    50 5,662 10,941 17,020 17,876 20,008
    51 5,138 10,560 16,384 17,210 19,151
    52 4,612 10,180 15,748 16,543 18,294
    53 4,373 9,288 14,540 15,619 17,589
    54 4,135 8,397 13,328 14,696 16,892
    55 3,897 7,505 12,121 13,775 16,191
    56 3,659 6,616 10,911 12,854 15,488
    57 3,418 5,728 9,702 11,931 14,791
    58 3,197 5,088 8,321 10,309 12,854
    59 2,971 4,452 6,936 8,685 10,911
    60 2,752 3,818 5,551 7,063 8,972
    61 2,531 3,180 4,169 5,440 7,031
    62 2,309 2,547 2,783 3,818 5,088
    63 2,309 2,498 2,690 3,513 4,534
    64 2,309 2,448 2,591 3,212 3,983
    65 2,309 2,403 2,498 2,909 3,418
    66 2,309 2,356 2,403 2,609 2,863
    67 and over 2,309 2,309 2,309 2,309 2,309



    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 29,744
    38 29,011
    39 28,279
    40 27,548
    41 26,817
    42 26,086
    43 25,386
    44 24,679
    45 23,983
    46 23,284
    47 22,586
    48 21,726
    49 20,867
    50 20,008
    51 19,151
    52 18,294
    53 17,589
    54 16,892
    55 16,191
    56 15,488
    57 14,791
    58 12,854
    59 10,911
    60 8,972
    61 7,031
    62 5,088
    63 4,534
    64 3,983
    65 3,418
    66 2,863
    67 and over 2,309"




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 2.7 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, S.R. 2004 No. 214 and S.R. 2005 No. 59back



ISBN 0 33 796391 6


 © Crown copyright 2006

Prepared 21 March 2006
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