The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2011 No. 67


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Statutory Rules of Northern Ireland
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Regulations laid before the Assembly under Article 11(2) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979, and subject to affirmative resolution of the Assembly

Statutory Rules of Northern Ireland

2011 No. 67

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2011

Made

2nd March 2011

Coming into operation in accordance with regulation 1(1)

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(3), 4(3) and 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(1) and now vested in it(2).

Citation, commencement and application

1.-(1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1st April 2011 or on the day after they are affirmed by resolution of the Assembly if later.

(2) These Regulations shall apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 on or after the day on which these Regulations come into operation.

Amendment of the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations

2.-(1) The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulations 5(2) and 7 (minimum amounts payable to dependant) for "£2,649" substitute "£2,731".

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for "£5,478", in both places where it occurs, substitute "£5,648".

(4) For the Schedule substitute the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department for Social Development on 2nd March 2011

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Regulation 2(4)

SCHEDULE

Regulations 3, 4, 5 and 6

"SCHEDULE

TABLE 1

1. This table 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, the first period specified in regulation 6(1)(b).

3. The age of the disabled person is his age determined in accordance with regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b). 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.

4. The table prescribes payments to disabled persons to whom disablement benefit is payable under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4), 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.

TABLE 1
Age ofPercentage assessment for the relevant period
disabled10%11% -21% -31% -41% -51% -61% -71% -81% -91% -
personor less20%30%40%50%60%70%80%90%100%
££££££££££
37 and
under31,60356,43766,21768,10069,98071,48572,99074,49575,99977,506
3830,70054,17764,22266,52168,47269,98071,48572,99074,49575,999
3929,79651,91962,22964,93866,97268,27569,98071,48572,99074,495
4028,89549,66060,23563,35665,46266,97168,47269,98071,48572,991
4127,99147,40658,24261,77363,96265,46266,97168,47269,98071,485
4227,08345,15056,24660,20162,45563,96265,46266,97168,47269,980
4325,73542,51354,25358,99461,40463,21064,71266,21767,72369,229
4424,37839,88052,25757,79160,34962,45563,96265,46266,97168,472
4523,02837,24750,26356,58559,29861,70063,21064,71266,21767,723
4621,67134,61548,27255,38358,24260,95262,45563,96265,46266,971
4720,31931,98046,27654,17757,19060,20161,70063,21064,71266,217
4819,15130,92644,69951,77155,38358,08859,59761,10162,60264,113
4917,98529,87443,11749,36253,57955,98257,48958,99460,50162,007
5016,81828,82041,56746,95551,77153,87555,38356,88658,39059,896
5115,65227,76639,95444,54649,96351,77153,29054,77756,28557,791
5214,48626,71338,37642,13848,15649,66051,17152,67354,17755,680
5313,39324,83435,96640,03246,35148,15649,66051,17152,67354,177
5412,30222,95333,55837,92944,54646,65648,15649,66051,17152,673
5511,21321,07131,15635,81642,73845,15046,65648,15649,66051,171
5610,12019,18828,74533,71140,93643,64245,15046,65648,15649,660
579,02917,30526,33731,60339,13542,13943,64245,15046,65648,156
588,31515,72723,51828,36535,21538,00139,61841,20142,73944,245
597,59814,14520,69225,13331,30133,85935,59037,24738,82740,330
606,88912,56517,87021,89527,39429,72331,56233,29834,91636,422
616,16810,98515,05218,66023,47725,58427,53929,34731,00232,507
625,4559,40612,22815,42519,56521,44523,51825,39727,08328,594
635,0798,50210,98513,79217,40419,26021,22123,02824,68026,184
644,7117,5989,74312,15115,23617,08318,92720,65622,27123,776
654,3286,6978,50210,51913,07614,89916,62918,28719,86721,372
663,9535,7967,2608,87710,91212,71614,33515,91317,45818,963
673,5764,8916,0177,2428,74910,53712,04013,54415,05216,555
683,4784,7365,8126,9438,44910,12011,56913,13114,57716,065
693,3874,5915,6086,6428,1489,70711,10212,71614,11015,574
703,2914,4425,3976,3407,8459,29010,63012,30213,63715,088
713,2004,2875,1926,0377,5438,87710,16111,88913,17014,600
723,1054,1394,9855,7397,2428,4689,68711,47412,69514,110
733,0274,0664,9115,6257,1288,2789,50011,17612,32313,695
742,9543,9884,8355,5127,0208,0879,31510,87511,94713,272
752,8803,9154,7615,3976,9027,9019,12310,57211,56912,865
762,8033,8354,6835,2876,7907,7168,93810,27211,18912,456
77 and2,7313,7614,6105,1716,6787,5248,7499,97510,81812,040
over

TABLE 2

1. This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or (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, the first period specified in regulation 6(1)(b).

3.-(1) Part A of the table prescribes payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma where-

(a)death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable;

(b)disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable to the disabled person immediately before he died;

(c)disablement benefit would have been payable to the disabled person 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.

(2) Part B of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.

PART A
Age of disabled person at his last birthday preceding deathPercentage assessment for the relevant period
10% or less11% - 20%21% - 30%31% - 49%50% and
over
£££££
37 and under20,01734,12838,26439,39640,335
3819,56632,84837,13638,26439,468
3919,11631,56836,00837,13538,603
4018,65930,28834,87836,00837,738
4118,21029,01033,74934,87836,873
4217,76227,73532,62033,74936,008
4316,94726,07631,60432,73235,180
4416,14024,41530,58531,71934,343
4515,33322,76129,57230,70133,521
4614,52221,10528,46929,68432,694
4713,71419,45027,54428,67331,868
4813,09618,99826,79327,88230,851
4912,47118,54826,03527,09129,835
5011,85218,09425,28626,29728,819
5111,23217,64524,53425,51127,807
5210,61017,19523,78124,72026,793
5310,32616,14022,35323,62825,959
5410,04615,08620,91922,53725,134
559,76514,03219,49021,44824,306
569,48312,97918,06020,35823,474
579,02911,93016,62919,26522,649
588,31511,17214,99617,34820,358
597,59810,41913,36015,42718,060
606,8899,67211,72013,50815,766
616,1688,91610,08611,58913,470
625,4558,1688,4469,67211,172
635,0798,1098,3379,31110,517
644,7117,5988,2198,9549,866
654,3286,6978,1098,5959,198
663,9535,7967,2608,2408,542
67 and over2,7313,7614,6105,1717,524
PART B
Age of disabled person at his last birthdayPayment
preceding death£
37 and under40,335
3839,468
3938,603
4037,738
4136,873
4236,008
4335,180
4434,343
4533,521
4632,694
4731,868
4830,851
4929,835
5028,819
5127,807
5226,793
5325,959
5425,134
5524,306
5623,474
5722,649
5820,358
5918,060
6015,766
6113,470
6211,172
6310,517
649,866
659,198
668,542
67 and over7,524"

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 before they died.

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.

These Regulations amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to increase amounts payable under the Order. The increase in each case is 3.1 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

S.I. 1979/925 (N.I. 9); Articles 3 and 4 were amended by Article 22(a) and (b) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 3 was amended by section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

(2)

See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) and Article 3 of S.R. 2006 No. 192

(3)

S.R. 1988 No. 242; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2010 No. 53

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