The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012 No. 84


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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

2012 No. 84

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012

Made

1st March 2012

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) 2012 and shall come into operation on 1st April 2012 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 "£2,731" substitute "£2,873".

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for "£5,648", in both places where it occurs, substitute "£5,942".

(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 1st March 2012

(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
under33,24659,37269,66077,64173,61975,20276,78578,36979,95181,536
3832,29656,99467,56269,98072,03373,61975,20276,78578,36979,951
3931,34554,61965,46568,31570,45571,82573,61975,20276,78578,369
4030,39852,24263,36766,65168,86670,45372,03373,61975,20276,787
4129,44749,87161,27164,98567,28868,86670,45372,03373,61975,202
4228,49147,49859,17163,33165,70367,28868,86670,45372,03373,619
4327,07344,72457,07462,06264,59766,49768,07769,66071,24572,829
4425,64641,95454,97460,79663,48765,70367,28868,86670,45372,033
4524,22539,18452,87759,52762,38164,90866,49768,07769,66071,245
4622,79836,41550,78258,26361,27164,12265,70367,28868,86670,453
4721,37633,64348,68256,99460,16463,33164,90866,49768,07769,660
4820,14732,53447,02354,46358,26361,10962,69664,27865,85767,447
4918,92031,42745,35951,92956,36558,89360,47862,06263,64765,231
5017,69330,31943,72849,39754,46356,67758,26359,84461,42663,011
5116,46629,21042,03246,86252,56154,46356,06157,62559,21260,796
5215,23928,10240,37244,32950,66052,24253,83255,41256,99458,575
5314,08926,12537,83642,11448,76150,66052,24253,83255,41256,994
5412,94224,14735,30339,90146,86249,08250,66052,24253,83255,412
5511,79622,16732,77637,67844,96047,49849,08250,66052,24253,832
5610,64620,18630,24035,46443,06545,91147,49849,08250,66052,242
579,49918,20527,70733,24641,17044,33045,91147,49849,08250,660
588,74716,54524,74129,84037,04639,97741,67843,34344,96146,546
597,99314,88121,76826,44032,92935,62037,44139,18440,84642,427
607,24713,21818,79923,03428,81831,26933,20335,02936,73238,316
616,48911,55615,83519,63024,69826,91428,97130,87332,61434,197
625,7399,89512,86416,22720,58222,56024,74126,71828,49130,081
635,3438,94411,55614,50918,30920,26222,32424,22525,96327,546
644,9567,99310,25012,78316,02817,97119,91121,73023,42925,012
654,5537,0458,94411,06613,75615,67417,49419,23820,90022,483
664,1596,0977,6389,33911,47913,37715,08016,74018,36619,949
673,7625,1456,3307,6199,20411,08512,66614,24815,83517,416
683,6594,9826,1147,3048,88810,64612,17113,81415,33516,900
693,5634,8305,9006,9878,57210,21211,67913,37714,84416,384
703,4624,6735,6786,6708,2539,77311,18312,94214,34615,873
713,3664,5105,4626,3517,9359,33910,68912,50713,85515,359
723,2664,3545,2446,0377,6198,90810,19112,07113,35514,844
733,1844,2775,1665,9187,4998,7089,99411,75712,96414,407
743,1084,1955,0865,7997,3858,5089,79911,44112,56813,962
753,0304,1195,0095,6787,2618,3129,59711,12212,17113,534
762,9494,0344,9275,5627,1438,1179,40310,80611,77113,104
77 and2,8733,9574,8505,4407,0257,9159,20410,49411,38112,666
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 under21,05835,90340,25441,44542,432
3820,58334,55639,06740,25441,520
3920,11033,21037,88039,06640,610
4019,62931,86336,69237,88039,700
4119,15730,51935,50436,69238,790
4218,68629,17734,31635,50437,880
4317,82827,43233,24734,43437,009
4416,97925,68532,17533,36836,129
4516,13023,94531,11032,29735,264
4615,27722,20229,94931,22834,394
4714,42720,46128,97630,16433,525
4813,77719,98628,18629,33232,455
4913,11919,51227,38928,50031,386
5012,46819,03526,60127,66430,318
5111,81618,56325,81026,83829,253
5211,16218,08925,01826,00528,186
5310,86316,97923,51524,85727,309
5410,56815,87022,00723,70926,441
5510,27314,76220,50322,56325,570
569,97613,65418,99921,41724,695
579,49912,55017,49420,26723,827
588,74711,75315,77618,25021,417
597,99310,96114,05516,22918,999
607,24710,17512,32914,21016,586
616,4899,38010,61012,19214,170
625,7398,5938,88510,17511,753
635,3438,5318,7719,79511,064
644,9567,9938,6469,42010,379
654,5537,0458,5319,0429,676
664,1596,0977,6388,6688,986
67 and over2,8733,9574,8505,4407,025
PART B
Age of disabled person at his last birthdayPayment
preceding death£
37 and under42,432
3841,520
3940,610
4039,700
4138,790
4237,880
4337,009
4436,129
4535,264
4634,394
4733,525
4832,455
4931,386
5030,318
5129,253
5228,186
5327,309
5426,441
5525,570
5624,695
5723,827
5821,417
5918,999
6016,586
6114,170
6211,753
6311,064
6410,379
659,676
668,986
67 and over7,025"

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 5.2 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. 2011 No. 67

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