Statutory Instruments
SOCIAL SECURITY
Made
22nd March 1989
Coming into force
1st April 1989
The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(1) ("the Act") and of all other powers enabling him in that behalf hereby makes the following Regulations, of which a draft has been approved by resolution of each House of Parliament:-“
1. These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2. In these Regulations the "principal Regulations" means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988(2).
3.-(1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 4(6)(a)-“
(a)for the word "if" there shall be substituted the words "in cases where";
(b)after the word "dependant" in sub-paragraph (i) there shall be inserted the words "by reason of the deceased's death as a result of the disease".
(3) The following sub-paragraph shall be substituted for sub-paragraph (ii) of regulation 5(1)(a):-“
"(ii)where disablement benefit in respect of a disease was not payable to the deceased immediately before he died death benefit is payable to or in respect of the said dependant by reason of the deceased's death as a result of the disease, or"
(4) (a) the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
(b)the amount of £1,364 shall be substituted for the amount of £1,263 in regulations 5(1) and 8 of those Regulations, and the amount of £2,822 shall be substituted for the amount of £2,613 in regulation 6(1) of those Regulations,
in any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date upon which these Regulations come into force.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
22nd March 1989
Regulations 3, 4, 5 and 6
(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 3(3) 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 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis) his age on the date specified in paragraph (1) of that regulation. With a view to 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.
Age of disabled person | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
Percentage assessment for the relevant period | ||||||||||
10% or less | 11-“20% | 21-“30% | 40% | 50% | 60% | 70% | 80% | 90% | 100% | |
£ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |
37 and under | 15,801 | 28,216 | 33,106 | 34,047 | 34,988 | 35,739 | 36,492 | 37,244 | 37,997 | 38,749 |
38 | 15,349 | 27,087 | 32,110 | 33,258 | 34,234 | 34,988 | 35,739 | 36,492 | 37,244 | 37,997 |
39 | 14,897 | 25,958 | 31,112 | 32,466 | 33,483 | 34,234 | 34,988 | 35,739 | 36,492 | 37,244 |
40 | 14,447 | 24,829 | 30,115 | 31,676 | 32,730 | 33,483 | 34,234 | 34,988 | 35,739 | 36,492 |
41 | 13,995 | 23,701 | 29,118 | 30,885 | 31,978 | 32,730 | 33,483 | 34,234 | 34,988 | 35,739 |
42 | 13,542 | 22,572 | 28,122 | 30,097 | 31,225 | 31,978 | 32,730 | 33,483 | 34,234 | 34,988 |
43 | 12,866 | 21,255 | 27,124 | 29,495 | 30,699 | 31,601 | 32,353 | 33,106 | 33,858 | 34,611 |
44 | 12,189 | 19,938 | 26,128 | 28,892 | 30,172 | 31,225 | 31,978 | 32,730 | 33,483 | 34,234 |
45 | 11,512 | 18,622 | 25,130 | 28,291 | 29,645 | 30,849 | 31,601 | 32,353 | 33,106 | 33,858 |
46 | 10,834 | 17,305 | 24,133 | 27,688 | 29,118 | 30,473 | 31,225 | 31,978 | 32,730 | 33,483 |
47 | 10,158 | 15,989 | 23,136 | 27,087 | 28,592 | 30,097 | 30,849 | 31,601 | 32,353 | 33,106 |
48 | 9,574 | 15,461 | 22,347 | 25,883 | 27,688 | 29,043 | 29,795 | 30,548 | 31,300 | 32,053 |
49 | 8,991 | 14,936 | 21,556 | 24,678 | 26,786 | 27,990 | 28,742 | 29,495 | 30,248 | 31,000 |
50 | 8,409 | 14,408 | 20,767 | 23,476 | 25,883 | 26,936 | 27,688 | 28,441 | 29,193 | 29,945 |
51 | 7,825 | 13,882 | 19,976 | 22,271 | 24,980 | 25,883 | 26,635 | 27,387 | 28,141 | 28,892 |
52 | 7,242 | 13,355 | 19,187 | 21,068 | 24,077 | 24,829 | 25,583 | 26,334 | 27,087 | 27,838 |
53 | 6,696 | 12,415 | 17,982 | 20,014 | 23,174 | 24,077 | 24,829 | 25,583 | 26,334 | 27,087 |
54 | 6,151 | 11,474 | 16,778 | 18,962 | 22,271 | 23,325 | 24,077 | 24,829 | 25,583 | 26,334 |
55 | 5,606 | 10,533 | 15,576 | 17,907 | 21,368 | 22,572 | 23,325 | 24,077 | 24,829 | 25,583 |
56 | 5,060 | 9,594 | 14,371 | 16,854 | 20,467 | 21,820 | 22,572 | 23,325 | 24,077 | 24,829 |
57 | 4,514 | 8,653 | 13,168 | 15,801 | 19,563 | 21,068 | 21,820 | 22,572 | 23,325 | 24,077 |
58 | 4,158 | 7,864 | 11,758 | 14,182 | 17,605 | 18,998 | 19,807 | 20,598 | 21,368 | 22,120 |
59 | 3,799 | 7,072 | 10,345 | 12,566 | 15,649 | 16,929 | 17,794 | 18,622 | 19,412 | 20,163 |
60 | 3,443 | 6,282 | 8,935 | 10,947 | 13,695 | 14,861 | 15,781 | 16,648 | 17,456 | 18,209 |
61 | 3,084 | 5,492 | 7,524 | 9,330 | 11,738 | 12,791 | 13,769 | 14,672 | 15,501 | 16,252 |
62 | 2,728 | 4,702 | 6,113 | 7,712 | 9,782 | 10,722 | 11,758 | 12,698 | 13,542 | 14,296 |
63 | 2,539 | 4,251 | 5,492 | 6,895 | 8,701 | 9,630 | 10,609 | 11,512 | 12,339 | 13,091 |
64 | 2,353 | 3,799 | 4,871 | 6,076 | 7,619 | 8,540 | 9,462 | 10,327 | 11,136 | 11,888 |
65 | 2,164 | 3,349 | 4,251 | 5,258 | 6,536 | 7,449 | 8,314 | 9,142 | 9,932 | 10,684 |
66 | 1,976 | 2,898 | 3,630 | 4,439 | 5,456 | 6,358 | 7,167 | 7,957 | 8,729 | 9,480 |
67 | 1,788 | 2,444 | 3,009 | 3,621 | 4,374 | 5,267 | 6,020 | 6,772 | 7,524 | 8,276 |
68 | 1,740 | 2,369 | 2,906 | 3,470 | 4,223 | 5,060 | 5,784 | 6,564 | 7,289 | 8,032 |
69 | 1,693 | 2,294 | 2,803 | 3,321 | 4,073 | 4,854 | 5,550 | 6,358 | 7,055 | 7,787 |
70 | 1,645 | 2,219 | 2,699 | 3,170 | 3,922 | 4,646 | 5,314 | 6,151 | 6,819 | 7,544 |
71 | 1,600 | 2,144 | 2,597 | 3,019 | 3,771 | 4,439 | 5,079 | 5,945 | 6,584 | 7,299 |
72 | 1,553 | 2,069 | 2,492 | 2,870 | 3,621 | 4,233 | 4,843 | 5,737 | 6,348 | 7,055 |
73 | 1,514 | 2,033 | 2,455 | 2,812 | 3,565 | 4,138 | 4,749 | 5,587 | 6,160 | 6,847 |
74 | 1,476 | 1,993 | 2,417 | 2,756 | 3,510 | 4,044 | 4,656 | 5,436 | 5,973 | 6,641 |
75 | 1,440 | 1,957 | 2,380 | 2,699 | 3,451 | 3,950 | 4,562 | 5,286 | 5,784 | 6,432 |
76 | 1,401 | 1,918 | 2,341 | 2,642 | 3,395 | 3,858 | 4,468 | 5,136 | 5,595 | 6,227 |
77 and over | 1,364 | 1,881 | 2,305 | 2,586 | 3,338 | 3,763 | 4,374 | 4,986 | 5,408 | 6,020 |
Age of disabled person | Extent of incapacity for the relevant period | |
---|---|---|
Partial | Total | |
£ | £ | |
37 and under | 28,216 | 38,749 |
38 | 27,087 | 37,997 |
39 | 25,958 | 37,244 |
40 | 24,829 | 36,492 |
41 | 23,701 | 35,739 |
42 | 22,572 | 34,988 |
43 | 21,255 | 34,611 |
44 | 19,938 | 34,234 |
45 | 18,622 | 33,858 |
46 | 17,305 | 33,483 |
47 | 15,989 | 33,106 |
48 | 15,461 | 32,053 |
49 | 14,936 | 31,000 |
50 | 14,408 | 29,945 |
51 | 13,882 | 28,892 |
52 | 13,355 | 27,838 |
53 | 12,415 | 27,087 |
54 | 11,474 | 26,334 |
55 | 10,533 | 25,583 |
56 | 9,594 | 24,829 |
57 | 8,653 | 24,077 |
58 | 7,864 | 22,120 |
59 | 7,072 | 20,163 |
60 | 6,282 | 18,209 |
61 | 5,492 | 16,252 |
62 | 4,702 | 14,296 |
63 | 4,251 | 13,091 |
64 | 3,799 | 11,888 |
65 | 3,349 | 10,684 |
66 | 2,898 | 9,480 |
67 | 2,444 | 8,276 |
68 | 2,369 | 8,032 |
69 | 2,294 | 7,787 |
70 | 2,219 | 7,544 |
71 | 2,144 | 7,299 |
72 | 2,069 | 7,055 |
73 | 2,033 | 6,847 |
74 | 1,993 | 6,641 |
75 | 1,957 | 6,432 |
76 | 1,918 | 6,227 |
77 and over | 1,881 | 6,020 |
(1) Table 2 is for the determination of payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(6).
(2) The relevant period is the period specified in regulation 3(2) or 3(3) 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.
Age of disabled person at his last birthday preceding death | Percentage assessment for the relevant period | ||||
---|---|---|---|---|---|
10% or less | 11%-“20% | 21%-“30% | 40% | 50% and over | |
£ | £ | £ | £ | £ | |
37 and under | 7,430 | 14,485 | 16,553 | 17,118 | 17,589 |
38 | 7,204 | 13,845 | 15,989 | 16,553 | 17,154 |
39 | 6,979 | 13,205 | 15,424 | 15,989 | 16,723 |
40 | 6,752 | 12,566 | 14,861 | 15,424 | 16,289 |
41 | 6,527 | 11,927 | 14,296 | 14,861 | 15,857 |
42 | 6,302 | 11,287 | 13,731 | 14,296 | 15,424 |
43 | 5,896 | 10,458 | 13,223 | 13,787 | 15,011 |
44 | 5,492 | 9,630 | 12,715 | 13,280 | 14,592 |
45 | 5,088 | 8,804 | 12,208 | 12,771 | 14,182 |
46 | 4,683 | 7,975 | 11,699 | 12,263 | 13,769 |
47 | 4,279 | 7,147 | 11,193 | 11,758 | 13,355 |
48 | 3,969 | 6,922 | 10,817 | 11,362 | 12,848 |
49 | 3,658 | 6,696 | 10,440 | 10,967 | 12,339 |
50 | 3,349 | 6,471 | 10,065 | 10,571 | 11,832 |
51 | 3,037 | 6,245 | 9,688 | 10,177 | 11,323 |
52 | 2,728 | 6,020 | 9,311 | 9,782 | 10,817 |
53 | 2,586 | 5,492 | 8,596 | 9,236 | 10,402 |
54 | 2,444 | 4,966 | 7,880 | 8,690 | 9,988 |
55 | 2,305 | 4,439 | 7,167 | 8,145 | 9,574 |
56 | 2,164 | 3,913 | 6,452 | 7,600 | 9,160 |
57 | 2,021 | 3,387 | 5,737 | 7,055 | 8,746 |
58 | 1,890 | 3,009 | 4,919 | 6,096 | 7,600 |
59 | 1,758 | 2,633 | 4,101 | 5,136 | 6,452 |
60 | 1,628 | 2,258 | 3,282 | 4,176 | 5,305 |
61 | 1,496 | 1,881 | 2,464 | 3,218 | 4,158 |
62 | 1,364 | 1,505 | 1,645 | 2,258 | 3,009 |
63 | 1,364 | 1,476 | 1,590 | 2,078 | 2,681 |
64 | 1,364 | 1,448 | 1,533 | 1,899 | 2,353 |
65 | 1,364 | 1,420 | 1,476 | 1,721 | 2,021 |
66 | 1,364 | 1,393 | 1,420 | 1,542 | 1,693 |
67 and over | 1,364 | 1,364 | 1,364 | 1,364 | 1,364 |
Age of disabled person at his last birthday preceding death | Extent of incapacity for the relevant period | |
---|---|---|
Partial | Total | |
£ | £ | |
37 and under | 14,485 | 17,589 |
38 | 13,845 | 17,154 |
39 | 13,205 | 16,723 |
40 | 12,566 | 16,289 |
41 | 11,927 | 15,857 |
42 | 11,287 | 15,424 |
43 | 10,458 | 15,011 |
44 | 9,630 | 14,592 |
45 | 8,804 | 14,182 |
46 | 7,975 | 13,769 |
47 | 7,147 | 13,355 |
48 | 6,922 | 12,848 |
49 | 6,696 | 12,339 |
50 | 6,471 | 11,832 |
51 | 6,245 | 11,323 |
52 | 6,020 | 10,817 |
53 | 5,492 | 10,402 |
54 | 4,966 | 9,988 |
55 | 4,439 | 9,574 |
56 | 3,913 | 9,160 |
57 | 3,387 | 8,746 |
58 | 3,009 | 7,600 |
59 | 2,633 | 6,452 |
60 | 2,258 | 5,305 |
61 | 1,881 | 4,158 |
62 | 1,505 | 3,009 |
63 | 1,476 | 2,681 |
64 | 1,448 | 2,353 |
65 | 1,420 | 2,021 |
66 | 1,393 | 1,693 |
67 and over | 1,364 | 1,364 |
Age of disabled person at his last birthday preceding death | Payment |
---|---|
£ | |
37 and under | 17,589 |
38 | 17,154 |
39 | 16,723 |
40 | 16,289 |
41 | 15,857 |
42 | 15,424 |
43 | 15,011 |
44 | 14,592 |
45 | 14,182 |
46 | 13,769 |
47 | 13,355 |
48 | 12,848 |
49 | 12,339 |
50 | 11,832 |
51 | 11,323 |
52 | 10,817 |
53 | 10,402 |
54 | 9,988 |
55 | 9,574 |
56 | 9,160 |
57 | 8,746 |
58 | 7,600 |
59 | 6,452 |
60 | 5,305 |
61 | 4,158 |
62 | 3,009 |
63 | 2,681 |
64 | 2,353 |
65 | 2,021 |
66 | 1,693 |
67 and over | 1,364 |
(This note is not part of the Regulations)
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (the 1988 Regulations) prescribe the amount of payments to be made under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 ("the Act"), as amended by the Social Security Act 1985 and the Social Security Act 1986, to persons disabled by a disease to which the Act applies (namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or bilateral diffuse pleural thickening) and bilateral diffuse pleural thickening) or to dependants of persons who immediately before they died were disabled by such a disease.
These Regulations amend the 1988 Regulations by increasing the amount of those payments in any case in which a person first becomes entitled to a payment on or after the date when these Regulations come into force. The increase in each case is 8% rounded up or down to the nearest £1 as appropriate. The Regulations also make minor drafting amendments to the 1988 Regulations.
1979 c. 41; sections 1 and 4 of the Act were amended by section 24 of the Social Security Act 1985 (c. 53) and section 2 was amended by section 39 of and Schedule 3 to the Social Security Act 1986 (c. 50).
S.I. 1988/668.