Statutory Rule 2002 No. 133

Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2002

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© Crown Copyright 2002

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(a) "the Order" means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;

(b) "the principal Regulations" means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988[4].

Amendment of the principal Regulations
     2.  - (1) The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on the day after they are approved by resolution of the Assembly.

    (2) For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

    (3) In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant), for "£1,992" in each place where it occurs there shall be substituted "£2,068".

    (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for "£4,121" (in each place where it occurs) there shall be substituted "£4,278".



Sealed with the Official Seal of the Department for Employment and Learning on


3rd April 2002.

L.S.

A. D. Shannon
A senior officer of the Department for Employment and Learning

" SCHEDULERegulations 3, 4 and 6



Table 1
    (1) Table 1 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 (payment where pneumoconiosis is accompanied by tuberculosis), the first period specified in paragraph 6(1)(b).

    (3) The age to be taken for the purpose of determining the amount payable to a disabled person is his age on the date specified in regulation 3(2) or, in the case of a disabled person to whom regulation 6 applies (payment where pneumoconiosis is accompanied by tuberculosis), regulation 6(1). 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.

Payments to Disabled Persons to whom is payable Disablement Benefit under Section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 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


	Percentage assessment for the relevant period
Age of disabled person	10% or less	11%-20%	21%-30%	31%-40%	41%-50%	51%-60%	61%-70%	71%-80%	81%-90%	91%-100%
	£	£	£	£	£	£	£	£	£	£
37 and under	23,943	42,757	50,167	51,592	53,017	54,157	55,298	56,437	57,578	58,718
38	23,258	41,045	48,655	50,397	51,875	53,017	54,157	55,298	56,437	57,578
39	22,573	39,334	47,145	47,197	50,737	51,875	53,017	54,157	55,298	56,437
40	21,891	37,623	45,635	47,999	49,595	50,737	51,875	53,017	54,157	55,298
41	21,206	35,915	44,124	46,801	48,457	49,595	50,737	51,875	53,017	54,157
42	20,519	34,205	42,613	45,608	47,316	48,457	49,595	50,737	51,875	53,017
43	19,497	32,209	41,102	44,694	46,520	47,887	49,026	50,167	51,307	52,448
44	18,470	30,213	39,590	43,782	45,720	47,316	48,457	49,595	50,737	51,875
45	17,446	28,218	38,081	42,869	44,924	46,745	47,887	49,026	50,167	51,307
46	16,418	26,224	36,571	41,958	44,124	46,176	47,316	48,457	49,595	50,737
47	15,394	24,228	35,059	41,045	43,326	45,608	46,745	47,887	49,026	50,167
48	14,508	23,429	33,864	39,221	41,958	44,007	45,151	46,290	47,428	48,571
49	13,625	22,633	32,666	37,397	40,592	42,413	43,553	44,694	45,836	46,976
50	12,741	21,834	31,491	35,573	39,221	40,816	41,958	43,098	44,236	45,377
51	11,859	21,036	30,269	33,748	37,853	39,221	40,373	41,499	42,642	43,782
52	10,974	20,238	29,074	31,924	36,484	37,623	38,767	39,905	41,045	42,184
53	10,146	18,814	27,249	30,328	35,116	36,484	37,623	38,767	39,905	41,045
54	9,320	17,389	25,424	28,734	33,748	35,346	36,484	37,623	38,767	39,905
55	8,494	15,962	23,603	27,135	32,379	34,205	35,346	36,484	37,623	38,767
56	7,667	14,536	21,777	25,540	31,013	33,064	34,205	35,346	36,484	37,623
57	6,841	13,111	19,953	23,943	29,648	31,925	33,064	34,205	35,346	36,484
58	6,300	11,916	17,817	21,490	26,678	28,789	30,014	31,213	32,379	33,521
59	5,757	10,716	15,676	19,041	23,713	25,653	26,964	28,218	29,416	30,554
60	5,218	9,519	13,539	16,588	20,753	22,518	23,913	25,227	26,453	27,593
61	4,674	8,323	11,402	14,137	17,787	19,383	20,863	22,233	23,488	24,627
62	4,133	7,126	9,264	11,686	14,824	16,248	17,817	19,240	20,519	21,662
63	3,847	6,441	8,323	10,449	13,185	14,592	16,077	17,446	18,697	19,838
64	3,568	5,757	7,381	9,206	11,544	12,941	14,339	15,649	16,873	18,012
65	3,279	5,073	6,441	7,970	9,906	11,287	12,598	13,854	15,051	16,191
66	2,994	4,392	5,501	6,725	8,268	9,634	10,861	12,056	13,227	14,366
67	2,709	3,705	4,559	5,487	6,628	7,983	9,121	10,262	11,402	12,542
68	2,635	3,589	4,403	5,259	6,401	7,667	8,765	9,948	11,044	12,171
69	2,565	3,477	4,249	5,032	6,173	7,355	8,411	9,634	10,691	11,799
70	2,494	3,364	4,089	4,803	5,944	7,039	8,053	9,320	10,332	11,431
71	2,424	3,248	3,934	4,573	5,714	6,725	7,697	9,009	9,977	11,062
72	2,352	3,137	3,777	4,348	5,487	6,415	7,339	8,694	9,618	10,691
73	2,294	3,081	3,720	4,262	5,401	6,271	7,197	8,467	9,335	10,376
74	2,238	3,021	3,663	4,176	5,318	6,127	7,056	8,239	9,051	10,055
75	2,182	2,966	3,607	4,089	5,229	5,986	6,912	8,009	8,765	9,747
76	2,124	2,905	3,547	4,006	5,144	5,845	6,771	7,783	8,478	9,436
77 and over	2,068	2,849	3,492	3,918	5,059	5,701	6,628	7,557	8,195	9,121




Table 2
    (1) Table 2 is for the determination of additional payments under regulation 4(2) to dependants of deceased sufferers who died as a result of the disease and for the determination of payments to dependants under regulation 4(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 (payment where pneumoconiosis is accompanied by tuberculosis), the first period specified in paragraph 6(1)(b).



Part A
Payments to dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable, or to dependants of persons to whom Disablement Benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable, or to dependants of a person to whom Disablement Benefit would have been payable 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, in circumstances where the disabled person died as a result of a disease other than Diffuse Mesothelioma.


Age of disabled person at his last birthday preceding death	Percentage assessment for the relevant period
	10% or less	11%-20%	21%-30%	31%-40%	50% and over
	£	£	£	£	£
37 and under	11,259	21,951	25,082	25,940	26,652
38	10,917	20,980	24,229	25,082	25,995
39	10,577	20,010	23,374	24,228	25,340
40	10,231	19,041	22,518	23,374	24,684
41	9,890	18,073	21,662	22,518	24,029
42	9,551	17,106	20,807	21,662	23,374
43	8,934	15,849	20,038	20,893	22,748
44	8,323	14,592	19,266	20,124	22,113
45	7,711	13,339	18,499	19,355	21,490
46	7,097	12,083	17,663	18,583	20,863
47	6,484	10,829	16,962	17,817	20,238
48	6,015	10,488	16,392	17,217	19,468
49	5,543	10,146	15,819	16,619	18,697
50	5,073	9,804	15,251	16,018	17,928
51	4,604	9,462	14,680	15,421	17,160
52	4,133	9,121	14,111	14,824	16,392
53	3,918	8,323	13,028	13,995	15,761
54	3,705	7,524	11,943	13,169	15,136
55	3,492	6,725	10,861	12,343	14,508
56	3,279	5,928	9,777	11,518	13,879
57	3,063	5,132	8,694	10,691	13,253
58	2,864	4,559	7,455	9,237	11,518
59	2,662	3,990	6,215	7,783	9,777
60	2,466	3,421	4,973	6,328	8,039
61	2,268	2,849	3,735	4,875	6,300
62	2,068	2,282	2,494	3,421	4,559
63	2,068	2,238	2,410	3,148	4,063
64	2,068	2,194	2,322	2,879	3,568
65	2,068	2,154	2,238	2,607	3,063
66	2,068	2,111	2,154	2,338	2,565
67 and over	2,068	2,068	2,068	2,068	2,068




Part B
Payments to Dependants of Persons who died as a result of Diffuse Mesothelioma


Age of disabled person at his last birthday preceding death	Payment
	£
37 and under	26,652
38	25,995
39	25,340
40	24,684
41	24,029
42	23,374
43	22,748
44	22,113
45	21,490
46	20,863
47	20,238
48	19,468
49	18,697
50	17,928
51	17,160
52	16,392
53	15,761
54	15,136
55	14,508
56	13,879
57	13,253
58	11,518
59	9,777
60	8,039
61	6,300
62	4,559
63	4,063
64	3,568
65	3,063
66	2,565
67 and over	2,068"

[2] S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22back

[3] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learningback

[4] S.R. 1988 No. 242 as amended by S.R. 1989 No. 240, S.R. 1991 No. 120, S.R. 1992 No. 213, S.R. 1993 No. 325, S.R. 1995 No. 338, S.R. 1996 No. 485, S.R. 1997 No. 409, S.R. 1998 No. 358 and S.R. 2000 No. 134back