Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/1979

1996 No. 1979

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1996

Made 26th July 1996

Coming into force 1st August 1996

The Secretary of State, in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 19791and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has been approved by resolution of each House of Parliament:—

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1996 and shall come into force on 1st August 1996.

(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) Act 1979 on or after the date on which they come into force.

S-2 Amendment of the principal Regulations

Amendment of the principal Regulations

2. In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 19882

(a) for the Schedule to those Regulations there shall be substituted the Schedule to these Regulations;

(b) in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount of £1,766 there shall be substituted the amount of £1,803;

(c) in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,654 there shall be substituted the amount of £3,731.

Paul Beresford

Parliamentary Under Secretart of State,

Department of the Environment

26th July 1996

SCHEDULE

Regulation 2

SCHEDULE

TABLE 1

SCH-1.1

1 This table is for the determination of payments to disabled persons under regulation 3 (or, as the case may be, regulation 6), and for the determination of payments to dependants of deceased sufferers under regulation 4(1).

SCH-1.2

2 The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies, the person specified in paragraph (1)(b) of that regulation.

SCH-1.3

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 3(3) or, in the case of a disabled person to whom regulation 6 applies, his age on the date specified in paragraph (1) of that regulation. 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 deduced 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.

PART A

payments to disabled persons to whom is payable disablement benefit under section 108 of the social security contributions and benefits 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.

Age of disabled person

Percentage assessment for the relevant period

10% or less

11–20%

21–30%

40%

50%

60%

70%

80%

90%

100%

£

£

£

£

£

£

£

£

£

£

37 and under

20,888

37,302

43,767

45,011

46,253

47,248

48,244

49,238

50,233

51,227

38

20,291

35,810

42,449

43,968

45,258

46,253

47,248

48,244

49,238

50,233

39

19,694

34,317

41,131

42,921

44,265

45,258

46,253

47,248

48,244

49,238

40

19,099

32,824

39,814

41,876

43,268

44,265

45,258

46,253

47,248

48,244

41

18,502

31,333

38,496

40,831

42,276

43,268

44,265

45,258

46,253

47,248

42

17,902

29,842

37,178

39,789

41,280

42,276

43,268

44,265

45,258

46,253

43

17,010

28,100

35,859

38,993

40,586

41,778

42,772

43,767

44,762

45,758

44

16,114

26,359

34,540

38,197

39,887

41,280

42,276

43,268

44,265

45,258

45

15,220

24,618

33,223

37,401

39,192

40,783

41,778

42,772

43,767

44,762

46

14,324

22,879

31,906

36,606

38,496

40,286

41,280

42,276

43,268

44,265

47

13,429

21,138

30,587

35,810

37,799

39,789

40,783

41,778

42,772

43,767

48

12,657

20,439

29,544

34,217

36,606

38,394

39,391

40,385

41,378

42,376

49

11,886

19,745

28,498

32,626

35,413

37,002

37,998

38,993

39,988

40,983

50

11,117

19,049

27,474

31,035

34,217

35,609

36,606

37,599

38,594

39,589

51

10,346

18,352

26,408

29,444

33,024

34,217

35,222

36,206

37,202

38,197

52

9,574

17,656

25,366

27,852

31,830

32,824

33,822

34,814

35,810

36,803

53

8,852

16,414

23,773

26,459

30,636

31,830

32,824

33,822

34,814

35,810

54

8,131

15,170

22,181

25,069

29,444

30,836

31,830

32,824

33,822

34,814

55

7,410

13,926

20,592

23,674

28,249

29,842

30,836

31,830

32,824

33,822

56

6,689

12,682

18,999

22,282

27,057

28,846

29,842

30,836

31,830

32,824

57

5,969

11,438

17,408

20,888

25,866

27,852

28,846

29,842

30,836

31,830

58

5,496

10,396

15,544

18,749

23,275

25,117

26,186

27,231

28,249

29,245

59

5,022

9,349

13,676

16,613

20,689

22,380

23,524

24,618

25,664

26,656

60

4,552

8,305

11,812

14,472

18,105

19,646

20,863

22,009

23,079

24,073

61

4,078

7,260

9,948

12,334

15,518

16,911

18,201

19,397

20,491

21,485

62

3,606

6,217

8,082

10,195

12,933

14,175

15,544

16,786

17,902

18,899

63

3,356

5,620

7,260

9,115

11,503

12,731

14,025

15,220

16,313

17,308

64

3,112

5,022

6,440

8,032

10,071

11,290

12,509

13,653

14,721

15,715

65

2,861

4,426

5,620

6,953

8,642

9,848

10,991

12,087

13,131

14,126

66

2,612

3,832

4,800

5,868

7,213

8,405

9,475

10,518

11,539

12,533

67

2,364

3,232

3,978

4,786

5,782

6,964

7,958

8,953

9,948

10,942

68

2,299

3,131

3,842

4,587

5,585

6,689

7,646

8,679

9,635

10,618

69

2,238

3,033

3,706

4,390

5,386

6,417

7,338

8,405

9,328

10,294

70

2,176

2,935

3,567

4,190

5,185

6,141

7,026

8,131

9,014

9,973

71

2,114

2,834

3,433

3,990

4,986

5,868

6,715

7,860

8,705

9,650

72

2,052

2,736

3,295

3,794

4,786

5,596

6,403

7,585

8,392

9,328

73

2,001

2,688

3,246

3,718

4,712

5,471

6,279

7,387

8,145

9,052

74

1,952

2,635

3,196

3,643

4,639

5,346

6,156

7,187

7,896

8,772

75

1,904

2,587

3,147

3,567

4,562

5,222

6,031

6,988

7,646

8,504

76

1,853

2,535

3,095

3,495

4,488

5,100

5,908

6,790

7,397

8,232

77 and over

1,803

2,486

3,047

3,418

4,414

4,973

5,782

6,593

7,149

7,958

PART B

payments to disabled persons to whom is payable an allowance under a scheme made or having effect as if made under schedule 8, paragraph 4 to the social security contributions and benefits act 1992 or under any corresponding provision of the former old cases acts.

Age of disabled person

Extent of incapacity for the relevant period

Partial

Total

£

£

37 and under

37,302

51,227

38

35,810

50,233

39

34,317

49,238

40

32,824

48,244

41

31,333

47,248

42

29,842

46,253

43

28,100

45,758

44

26,359

45,258

45

24,618

44,762

46

22,879

44,265

47

21,138

43,767

48

20,439

42,376

49

19,745

40,983

50

19,049

39,589

51

18,352

38,197

52

17,656

36,803

53

16,414

35,810

54

15,170

34,814

55

13,926

33,822

56

12,682

32,824

57

11,438

31,830

58

10,396

29,245

59

9,349

26,656

60

8,305

24,073

61

7,260

21,485

62

6,217

18,899

63

5,620

17,308

64

5,022

15,715

65

4,426

14,126

66

3,832

12,533

67

3,232

10,942

68

3,131

10,618

69

3,033

10,294

70

2,935

9,973

71

2,834

9,650

72

2,736

9,328

73

2,688

9,052

74

2,635

8,772

75

2,587

8,504

76

2,535

8,232

77 and over

2,486

7,958

TABLE 2

SCH-1.1

1 Table 2 is for the determination of payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(6).

SCH-1.2

2 The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.

PART A

payments to dependants to whom death benefit under section 108 of the social security contributions and benefits 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 this 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%

40%

50% and over

£

£

£

£

£

37 and under

9,823

19,150

21,883

22,630

23,252

38

9,525

18,303

21,138

21,883

22,678

39

9,228

17,457

20,392

21,138

22,108

40

8,926

16,613

19,646

20,392

21,535

41

8,628

15,767

18,899

19,646

20,963

42

8,332

14,924

18,152

18,899

20,392

43

7,794

13,827

17,482

18,228

19,845

44

7,260

12,731

16,809

17,556

19,292

45

6,727

11,638

16,139

16,885

18,749

46

6,191

10,542

15,410

16,212

18,201

47

5,657

9,448

14,797

15,544

17,656

48

5,248

9,150

14,301

15,021

16,984

49

4,836

8,852

13,801

14,499

16,313

50

4,426

8,554

13,306

13,975

15,642

51

4,017

8,256

12,807

13,454

14,971

52

3,606

7,958

12,310

12,933

14,301

53

3,418

7,260

11,366

12,210

13,751

54

3,232

6,564

10,419

11,489

13,205

55

3,047

5,868

9,475

10,768

12,657

56

2,861

5,172

8,529

10,048

12,109

57

2,672

4,477

7,585

9,328

11,563

58

2,498

3,978

6,504

8,059

10,048

59

2,323

3,481

5,422

6,790

8,529

60

2,151

2,985

4,338

5,521

7,013

61

1,979

2,486

3,258

4,253

5,496

62

1,803

1,990

2,176

2,985

3,978

63

1,803

1,952

2,102

2,746

3,545

64

1,803

1,914

2,026

2,512

3,112

65

1,803

1,879

1,952

2,275

2,672

66

1,803

1,842

1,879

2,039

2,238

67 and over

1,803

1,803

1,803

1,803

1,803

PART B

payments to dependants to whom death benefit under a scheme made or having effect as if made under schedule 8, paragraph 4 to the social security contributions and benefits act 1992 has been paid, or to dependants of persons to whom an allowance under such a scheme or under a scheme made or having effect as if made under any corresponding provision of...

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