The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2020


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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

2020 No. 26

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2020

Made

6th March 2020

Coming into operation in accordance with regulation 1(1)

The Department for Communities 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) 2020 and shall come into operation on 1st April 2020 or 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 regulation 5(2) (payment where death results from diffuse mesothelioma) and regulation 7 (minimum amount payable to dependant) for"£3,051" substitute "£3,305".

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for "£6,312", in both places, substitute "£6,838".

(4) In the Schedule-

(a)for Table 1, after the preamble, substitute the Table set out in Part 1 of the Schedule to these Regulations; and

(b)in Table 2 for Parts A and B substitute Parts A and B set out in Part 2 of the Schedule to these Regulations.

Sealed with the Official Seal of the Department for Communities on 6th March 2020

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Regulation 2(4)

SCHEDULE

PART 1

"TABLE 1

Age ofPercentage assessment for the relevant period
disabled10%11% -21% -31% -41% -51% -61% -71% -81% -91% -
personor under20%30%40%50%60%70%80%90%100%
££££££££££
37 and38,25868,32380,16182,44184,71686,53888,36090,18292,00393,827
under
3837,16465,58577,74780,52982,89284,71686,53888,36090,18292,003
3936,07162,85375,33378,61481,07582,65484,71686,53888,36090,182
4034,98160,11772,91976,69879,24681,07282,89284,71686,53888,362
4133,88757,38970,50974,78077,43279,24681,07282,89284,71686,538
4232,78754,66068,09172,87975,60877,43279,24681,07282,89284,716
4331,15551,46565,67971,41874,33576,52178,34080,16181,98483,808
4429,51148,27963,26069,96273,05875,60877,43279,24681,07282,892
4527,87645,09160,84868,50271,78574,69376,52178,34080,16181,984
4626,23641,90558,43767,04770,50973,78975,60877,43279,24681,072
4724,59838,71456,02065,58569,23472,87974,69376,52178,34080,161
4823,18437,44054,11262,67467,04770,32172,14873,96975,78677,615
4921,77236,16452,19859,75764,86267,77269,59571,41873,24175,065
5020,35934,89050,32056,84462,67465,22167,04768,86670,68672,510
5118,94833,61448,36953,92660,48462,67464,51166,31268,13969,962
5217,53532,33746,45851,01258,29660,11761,94863,76665,58567,405
5316,21330,06543,54048,46256,11258,29660,11761,94863,76665,585
5414,89327,78540,62545,91753,92656,48158,29660,11761,94863,766
5513,57625,50837,71643,35951,73854,66056,48158,29660,11761,948
5612,25123,22834,79840,81149,55552,83354,66056,48158,29660,117
5710,93220,94931,88538,25847,37751,01352,83354,66056,48158,296
5810,06419,04028,47134,33742,63146,00447,96149,87751,73953,561
599,19917,12425,05030,42737,89340,99043,08645,09147,00448,822
608,33815,21021,63526,50733,16135,98238,20940,31042,27044,092
617,46813,29818,22222,59128,42130,97233,33735,52837,53139,353
626,60311,38614,80318,67223,68525,96128,47130,74732,78734,617
636,14910,29313,29816,69621,06923,31625,68827,87629,87731,700
645,7039,19911,79614,71018,44420,68022,91225,00626,96028,782
655,2408,10810,29312,73315,83118,03620,13222,13724,05125,872
664,7857,0168,79010,74813,21015,39317,35319,26421,13422,956
674,3295,9217,2858,76810,59112,75714,57816,39518,22220,042
684,2105,7337,0378,40710,22812,25114,00615,89717,64719,448
694,1005,5576,7898,0409,86511,75213,44015,39317,08418,852
703,9855,3786,5357,6769,49911,24612,87014,89316,50918,266
713,8735,1906,2867,3079,13110,74812,30114,39415,94417,673
723,7595,0106,0356,9478,76810,25111,72613,89115,36917,084
733,6634,9215,9456,8108,62910,02211,50113,52914,91816,579
743,5764,8285,8536,6758,4989,79111,27513,16614,46116,066
753,4874,7415,7636,5358,3569,56511,04512,79914,00615,574
763,3934,6435,6706,3998,2199,34010,82012,43613,54515,080
77 and over3,3054,5535,5826,2618,0849,10810,59112,07613,09614,578"

PART 2

"PART A

Age of disabled person at his last birthday preceding deathPercentage assessment for the relevant period
10% or under11% - 20%21% - 30%31% - 49%50% or over
£££££
37 and under24,23241,31646,32447,69348,829
3823,68639,76544,95546,32447,779
3923,14138,21743,59044,95446,731
4022,59036,66542,22343,59045,685
4122,04435,11840,85742,22344,637
4221,50233,57539,48940,85743,590
4320,51631,56938,25939,62542,587
4419,53929,55837,02638,39841,576
4518,56127,55635,79837,16640,580
4617,58025,55034,46335,93639,579
4716,60223,54733,34434,71138,579
4815,85322,99932,43433,75337,349
4915,09622,45231,51932,79636,116
5014,34721,90530,61131,83434,889
5113,59721,36029,70030,88433,663
5212,84620,81628,78829,92632,434
5312,50119,53927,06028,60431,426
5412,16018,26325,32427,28430,428
5511,82116,98723,59425,96429,426
5611,48015,71221,86224,64528,417
5710,93214,44120,13223,32127,418
5810,06413,52518,15421,00224,645
599,19912,61316,17318,67421,862
608,33811,70914,18716,35219,087
617,46810,79412,20914,03016,307
626,6039,88810,22411,70913,525
636,1499,81710,09311,27012,731
645,7039,1999,94910,84011,943
655,2408,1089,81710,40611,135
664,7857,0168,7909,97510,340
67 and over3,3054,5535,5826,2618,084

PART B

Age of disabled person at his last birthdayPayment
preceding death£
37 and under48,829
3847,779
3946,731
4045,685
4144,637
4243,590
4342,587
4441,576
4540,580
4639,579
4738,579
4837,349
4936,116
5034,889
5133,663
5232,434
5331,426
5430,428
5529,426
5628,417
5727,418
5824,645
5921,862
6019,087
6116,307
6213,525
6312,731
6411,943
6511,135
6610,340
67 and over8,084"

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.

By virtue of regulation 1(2), the amendments made by these Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Act on or after the day on which these Regulations come into operation.

(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)), paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and paragraphs 4 and 5 of Schedule 2 to the Mesothelioma Act 2014 (c.1); Article 3 was amended by section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and Article 4 was amended by Part 6 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))

(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.)), Article 3 of S.R. 2006 No. 192 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(3)

S.R. 1988 No. 242; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2015 No. 64

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