The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2013 No. 56


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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

2013 No. 56

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2013

Made

8th March 2013

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) 2013 and shall come into operation on 1st April 2013 or on the day after they are affirmed by resolution of the Assembly if later.

(2) These Regulations apply only 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 "£2,873" substitute "£2,936".

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for "£5,942", in both places, substitute "£6,073".

(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 8th March 2013

(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 and33,97760,67871,19373,21775,23976,85678,47480,09381,71083,330
under
3833,00758,24869,04871,52073,61875,23976,85678,47480,09381,710
3932,03555,82166,90569,81872,00573,40575,23976,85678,47480,093
4031,06753,39164,76168,11770,38172,00373,61875,23976,85678,476
4130,09550,96862,61966,41568,76870,38172,00373,61875,23976,856
4229,11848,54360,47364,72467,14868,76870,38172,00373,61875,239
4327,66945,70858,33063,42766,01867,96069,57571,19372,81274,431
4426,21042,87756,18362,13464,88467,14868,76870,38172,00373,618
4524,75840,04654,04060,83763,75366,33667,96069,57571,19372,812
4623,30037,21651,89959,54562,61965,53367,14868,76870,38172,003
4721,84634,38349,75358,24861,48864,72466,33667,96069,57571,193
4820,59033,25048,05855,66159,54562,45364,07565,69267,30668,931
4919,33632,11846,35753,07157,60560,18961,80963,42765,04766,666
5018,08230,98644,69050,48455,66157,92459,54561,16162,77764,397
5116,82829,85342,95747,89353,71755,66157,29458,89360,51562,134
5215,57428,72041,26045,30451,77553,39155,01656,63158,24859,864
5314,39926,70038,66843,04149,83451,77553,39155,01656,63158,248
5413,22724,67836,08040,77947,89350,16251,77553,39155,01656,631
5512,05622,65533,49738,50745,94948,54350,16251,77553,39155,016
5610,88020,63030,90536,24444,01246,92148,54350,16251,77553,391
579,70818,60628,31733,97742,07645,30546,92148,54350,16251,775
588,93916,90925,28530,49637,86140,85642,59544,29745,95047,570
598,16915,20822,24727,02233,65336,40438,26540,04641,74543,360
607,40613,50919,21323,54129,45231,95733,93335,80037,54039,159
616,63211,81016,18320,06225,24127,50629,60831,55233,33234,949
625,86510,11313,14716,58421,03523,05625,28527,30629,11830,743
635,4619,14111,81014,82818,71220,70822,81524,75826,53428,152
645,0658,16910,47613,06416,38118,36620,34922,20823,94425,562
654,6537,2009,14111,30914,05916,01917,87919,66121,36022,978
664,2506,2317,8069,54411,73213,67115,41217,10818,77020,388
673,8455,2586,4697,7879,40611,32912,94514,56116,18317,799
683,7395,0926,2497,4659,08410,88012,43914,11815,67217,272
693,6414,9366,0307,1418,76110,43711,93613,67115,17116,744
703,5384,7765,8036,8178,4359,98811,42913,22714,66216,222
713,4404,6095,5826,4918,1109,54410,92412,78214,16015,697
723,3384,4505,3596,1707,7879,10410,41512,33713,64915,171
733,2544,3715,2806,0487,6648,90010,21412,01613,24914,724
743,1764,2875,1985,9277,5478,69510,01511,69312,84414,269
753,0974,2105,1195,8037,4218,4959,80811,36712,43913,832
763,0144,1235,0355,6847,3008,2969,61011,04412,03013,392
77 and2,9364,0444,9575,5607,1808,0899,40610,72511,63112,945
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 under21,52136,69341,14042,35743,366
3821,03635,31639,92641,14042,433
3920,55233,94138,71339,92541,503
4020,06132,56437,49938,71340,573
4119,57831,19036,28537,49939,643
4219,09729,81935,07136,28538,713
4318,22028,03633,97835,19237,823
4417,35326,25032,88334,10236,924
4516,48524,47231,79433,00836,040
4615,61322,69030,60831,91535,151
4714,74420,91129,61330,82834,263
4814,08020,42628,80629,97733,169
4913,40819,94127,99229,12732,076
5012,74219,45427,18628,27330,985
5112,07618,97126,37827,42829,897
5211,40818,48725,56826,57728,806
5311,10217,35324,03225,40427,910
5410,80016,21922,49124,23127,023
5510,49915,08720,95423,05926,133
5610,19513,95419,41721,88825,238
579,70812,82617,87920,71324,351
588,93912,01216,12318,65221,888
598,16911,20214,36416,58619,417
607,40610,39912,60014,52316,951
616,6329,58610,84312,46014,482
625,8658,7829,08010,39912,012
635,4618,7198,96410,01011,307
645,0658,1698,8369,62710,607
654,6537,2008,7199,2419,889
664,2506,2317,8068,8599,184
67 and over2,9364,0444,9575,5607,180
PART B

Age of disabled person at his last birthday

Payment

preceding death

£

37 and under43,366
3842,433
3941,503
4040,573
4139,643
4238,713
4337,823
4436,924
4536,040
4635,151
4734,263
4833,169
4932,076
5030,985
5129,897
5228,806
5327,910
5427,023
5526,133
5625,238
5724,351
5821,888
5919,417
6016,951
6114,482
6212,012
6311,307
6410,607
659,889
669,184
67 and over7,180"

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 2.2 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. 2012 No. 84

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