The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2011 No. 1026


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Statutory Instruments

2011 No. 1026

Social Security

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

Made

31st March 2011

Coming into force

1st April 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(1), (2) and (4) and 7(2) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(1).

In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and application

1.-(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.

(2) These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.

Amendment of the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988

2. In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988(2)-

(a)in regulations 5(1) and 8 (minimum amounts payable to dependant), for "£2,649" substitute "£2,731";

(b)in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for "£5,478" (in both places) substitute "£5,648"; and

(c)for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Work and Pensions.

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

31st March 2011

Regulation 2(c)

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 (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).
3.-(1) The age of the disabled person is his age determined in accordance with regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b).
(2) 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. Part A of the table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 1992(3) or under any corresponding provision of the former Industrial Injuries Acts(4), or would be payable but for the disablement amounting to less than the appropriate percentage.
5. Part B of the table prescribes payments to disabled persons to whom an allowance is payable under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 or under any corresponding provision of the former Old Cases Acts(5).

Part A

Age of disabled personPercentage assessment for the relevant period

10% or less

£

11%-

20%

£

21%-

30%

£

31%-

40%

£

41%-

50%

£

51%-

60%

£

61%-

70%

£

71%-

80%

£

81%-

90%

£

91%-

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 and over2,7313,7614,6105,1716,6787,5248,7499,97510,81812,040

Part B

Age of disabled personExtent of incapacity for the relevant period

Partial

£

Total

£

37 and under56,43777,506
3854,17775,999
3951,91974,495
4049,66072,991
4147,40671,485
4245,15069,980
4342,51369,229
4439,88068,472
4537,24767,723
4634,61566,971
4731,98066,217
4830,92664,113
4929,87462,007
5028,82059,896
5127,76657,791
5226,71355,680
5324,83454,177
5422,95352,673
5521,07151,171
5619,18849,660
5717,30548,156
5815,72744,245
5914,14540,330
6012,56536,422
6110,98532,507
629,40628,594
638,50226,184
647,59823,776
656,69721,372
665,79618,963
674,89116,555
684,73616,065
694,59115,574
704,44215,088
714,28714,600
724,13914,110
734,06613,695
743,98813,272
753,91512,865
763,83512,456
77 and over3,76112,040
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 (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).

3.-(1) Parts A and B of the table prescribe payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma.

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

4. Part A of the table prescribes payments to-
(a)dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits Act 1992(6) is payable;
(b)dependants of a person to whom disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable immediately before that person died; and
(c)dependants of a person to whom disablement benefit would have been payable immediately before that person died but for the occurrence of one of the circumstances listed in regulation 5(1)(a)(iii), or but for the person's disablement amounting to less than the appropriate percentage.
5. Part B of the table prescribes payments to-
(a)dependants to whom death benefit has been paid under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992; and
(b)dependants of persons to whom an allowance was payable under such a scheme or under a scheme made, or having effect as if made, under any corresponding provision of the former Old Cases Acts.

Part A

Age of disabled person at their

last birthday

preceding death

Percentage assessment for the relevant period

10% or less

£

11%-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 their last birthday preceding deathExtent of incapacity for the relevant period

Partial

£

Total

£

37 and under34,12840,335
3832,84839,468
3931,56838,603
4030,28837,738
4129,01036,873
4227,73536,008
4326,07635,180
4424,41534,343
4522,76133,521
4621,10532,694
4719,45031,868
4818,99830,851
4918,54829,835
5018,09428,819
5117,64527,807
5217,19526,793
5316,14025,959
5415,08625,134
5514,03224,306
5612,97923,474
5711,93022,649
5811,17220,358
5910,41918,060
609,67215,766
618,91613,470
628,16811,172
638,10910,517
647,5989,866
656,6979,198
665,7968,542
67 and over3,7617,524

Part C

Age of disabled person at their last birthday preceding death

Payment

£

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) Act 1979 (c.41) ("the Act") lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled before they died.

These Regulations amend the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) ("the Pneumoconiosis Regulations"). Regulation 2(c) of these Regulations substitutes a new Schedule into the Pneumoconiosis Regulations so as to increase amounts payable under it. The increase in each case is 3.1% rounded up or down to the nearest £1 as appropriate.

The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

1979 c.41; section 1 of the Act was amended by section 24 of the Social Security Act 1985 (c.53) and section 7(3) of the Act was amended by section 58 of the Welfare Reform Act 2007 (c.5).

(2)

S.I. 1988/668, the relevant amending regulations are S.I. 1989/552, 2008/650, 2008/1963, 2009/747and 2010/1106.

(4)

"the former Industrial Injuries Acts" is defined in section 2(3) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979.

(5)

"the former Old Cases Acts" is defined in section 2(3) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979.

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