Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1990

JurisdictionUK Non-devolved
CitationSI 1990/825
Year1990

1990 No. 825

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1990

Made 30th March 1990

Coming into force 1st April 1990

The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 19791(“the Act”) and 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 and commencement

Citation and commencement

1. These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1990 and shall come into force on 1st April 1990 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.

S-2 Interpretation

Interpretation

2. In these Regulations the “principal Regulations” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 19882.

S-3 Amendment of the principal Regulations

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended in accordance with the following provisions of this Regulation.

(a)

(a) (2) the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and

(b)

(b) the amount of £1,473 shall be substituted for the amount of £1,364 in Regulations 5(1) and 8 of those Regulations, and the amount of £3,048 shall be substituted for the amount of £2,822 in regulation 6(1) of those Regulations,

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

30th March 1990

SCHEDULE

Regulations 3, 4, 5 and 6

SCHEDULE

1 TABLE 1

TABLE 1

SCH-1.1

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).

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.

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 (Payment where pneumoconiosis is accompanied by tuberculosis) his age on the date specified in paragraph (1) of that regulation. With a view to 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.

PART A

PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE DISABLEMENT BENEFIT UNDER SECTION 76 OF THE SOCIAL SECURITY ACT 1975 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%

40%

50%

60%

70%

80%

90%

100%

£

£

£

£

£

£

£

£

£

£

37 and under

17,065

30,473

35,754

36,770

37,787

38,598

39,412

40,224

41,037

41,849

38

16,577

29,254

34,678

35,919

36,973

37,787

38,598

39,412

40,224

41,037

39

16,089

28,034

33,601

35,063

36,162

36,973

37,787

38,598

39.412

40,224

40

15,603

26,816

32,524

34,210

35,348

36,162

36,973

37,787

38,598

39,412

41

15,114

25,597

31,448

33,356

34,537

35,348

36,162

36,973

37,787

38,598

42

14,626

24,378

30,372

32,504

33,723

34,537

35,348

36,162

36,973

37,787

43

13,896

22,956

29,294

31,855

33,155

34,129

34,942

35,754

36,567

37,380

44

13,164

21,533

28,218

31,203

32,585

33,723

34,537

35,348

36,162

36,973

45

12,433

20,112

27,141

30,554

32,017

33,317

34,129

34,942

35,754

36,567

46

11,701

18,690

26,064

29,904

31,448

32,910

33,723

34,537

35,348

36,162

47

10,971

17,268

24,987

29,254

30,879

32,504

33,317

34,129

34,942

35,754

48

10,339

16,698

24,135

27,953

29,904

31,367

32,179

32,991

33,804

34,618

49

 9,711

16,131

23,281

26,652

28,929

30,229

31,041

31,855

32,667

33,480

50

 9,082

15,561

22,428

25,354

27,953

29,091

29,904

30,716

31,528

32,341

51

8,451

14,993

21,574

24,053

26,979

27,953

28,766

29,578

30,392

31,203

52

7,821

14,423

20,722

22,753

26,003

26,816

27,629

28,441

29,254

30,066

53

7,231

13,408

19,421

21,615

25,027

26,003

26,816

27,629

28,441

29,254

54

6,643

12,392

18,120

20,479

24,053

25,191

26,003

26,816

27,629

28,441

55

6,054

11,376

16,822

19,340

23,077

24,378

25,191

26,003

26,816

27,629

56

5,465

10,361

15,521

18,202

22,104

23,566

24,378

25,191

26,003

26,816

57

4,875

 9,345

14,221

17,065

21,128

22,753

23,566

24,378

25,191

26,003

58

4,490

 8,493

12,698

15,317

19,014

20,518

21,391

22,246

23,077

23,890

59

4,103

 7,638

11,172

13,572

16,901

18,283

19,217

20,112

20,965

21,776

60

3,718

 6,785

 9,650

11,823

14,790

16,050

17,043

17,980

18,853

19,665

61

3,331

 5,932

 8,126

10,076

12,677

13,815

14,870

15,846

16,741

17,552

62

2,946

 5,079

 6,602

 8,329

10,565

11,580

12,698

13,713

14,626

15,440

63

2,742

 4,591

 5,932

 7,446

 9,397

10,400

11,458

12,433

13,326

14,139

64

2,541

 4,103

 5,261

 6,562

 8,229

 9,223

10,219

11,153

12,026

12,839

65

2,337

 3,617

 4,591

 5,678

 7,059

 8,045

 8,979

 9,874

10,727

11,539

66

2,134

 3,130

 3,921

 4,794

 5,892

 6,867

 7,740

 8,593

 9,427

10,238

67

1,931

 2,640

 3,250

 3,911

 4,724

 5,689

 6,501

 7,314

 8,126

 8,939

68

1,879

 2,559

 3,139

 3,747

 4,561

 5,465

 6,247

 7,090

 7,872

 8,674

69

1,829

 2,478

 3,027

 3,587

 4,399

 5,242

 5,994

 6,867

 7,620

 8,410

70

1,777

 2,397

 2,915

 3,423

 4,236

 5,018

 5,739

 6,643

 7,364

 8,148

71

1,727

 2,316

 2,804

 3,260

 4,073

 4,794

 5,485

 6,420

 7,111

 7,883

72

1,677

 2,235

 2,692

 3,099

 3,911

 4,571

 5,230

 6,196

 6,855

 7,620

73

1,635

 2,196

 2,651

 3,037

 3,850

 4,469

 5,129

 6,034

 6,653

 7,395

74

1,595

 2,153

 2,611

 2,977

 3,790

 4,367

 5,028

 5,871

 6,450

 7,172

75

1,555

 2,113

 2,570

 2,915

 3,727

 4,266

 4,927

 5,709

 6,247

 6,947

76

1,514

 2,072

 2,529

 2,854

 3,666

 4,166

 4,826

 5,547

 6,043

 6,725

77 and over

1,473

 2,031

 2,489

 2,793

 3,606

 4,064

 4,724

 5,385

 5,840

 6,501

PART B

PAYMENTS TO DISABLED PERSONS TO WHOM IS PAYABLE AN ALLOWANCE UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER SECTION 5 OF THE INDUSTRIAL INJURIES AND DISEASES (OLD CASES)ACT 1975 OR UNDER ANY CORRESPONDING PROVISION OF THE FORMER OLD CASES ACTS.

Extent of incapacity for the relevant period

Age of disabled person

Partial

Total

£

£

37 and under

30,473

41,849

38

29,254

41,037

39

28,034

40,224

40

26,816

39,412

41

25,597

38,598

42

24,378

37,787

43

22,956

37,380

44

21,533

36,973

45

20,112

36,567

46

18,690

36,162

47

17,268

35,754

48

16,698

34,618

49

16,131

33,480

50

15,561

32,341

51

14,993

31,203

52

14,423

30,066

53

13,408

29,254

54

12,392

28,441

55

11,376

27,629

56

10,361

26,816

57

9,345

26,003

58

8,493

23,890

59

7,638

21,776

60

6,785

19,665

61

5,932

17,552

62

5,079

15,440

63

4,591

14,139

64

4,103

12,839

65

3,617

11,539

66

3,130

10,238

67

2,640

 8,939

68

2,559

 8,674

69

2,478

 8,410

70

2,397

 8,148

71

2,316

 7,883

72

2,235

 7,620

73

2,196

 7,395

74

2,153

 7,172

75

2,113

 6,947

76

2072

 6725

77 and over

2031

 6501

2 TABLE 2

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 76 OF THE SOCIAL SECURITY ACT 1975 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(I)(a)(III)OR BUT FOR THIS DISPLACEMENT AMOUNTING TO LESS THAN THE APPROPRIATE PERCENTAGE,IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A DISEASE OTHER THAN DIFFUSE MESOTHELIOMA.

Percentage assessment for the relevant period

Age of disabled person at his last birthday preceding death

10% or less

11%–20%

21%–30%

40%

50% and over

£

£

£

£

£

37 and under

8,025

15,643

17,877

18,487

18,996

38

7,781

14,952

17,268

17,877

18,526

39

7,538

14,261

16,658

17,268

18,061

40

7,292

13,572

16,050

16,658

17,592

41

7,049

12,881

15,440

16,050

17,125

42

6,806

12,190

14,830

15,440

16,658

43

6,368

11,295

14,280

14,890

16,212

44

5,932

10,400

13,732

14,342

15,760

45

5,495

 9,508

13,184

13,793

15,317

46

5,057

 8,613

12,635

13,244

14,870

47

4,622

 7,719

12,088

12,698

14,423

48

4,286

 7,476

11,682

12,271

13,875

49

3,951

 7,231

11,275

11,844

13,326

50

3,617

 6,988

10,870

11,416

12,778

51

3,280

 6,744

10,464

10,991

12,229

52

2,946

 6,501

10,056

10,565

11,682

53

2,793

 5,932

 9,284

 9,975

11,234

54

2,640

 5,363

 8,511

 9,385

10,787

55

2,489

 4,794

 7,740

 8,797

10,339

56

2,337

 4,226

 6,968

 8,208

 9,893

57

2,183

 3,657

 6,196

 7,620

 9,446

58

2,041

 3,250

 5,313

 6,583

 8,208

59

1,898

 2,844

 4,429

 5,547

 6,968

60

1,758

 2,439

 3,545

 4,510

 5,729

61

1,616

 2,031

 2,661

 3,475

 4,490

62

1,473

 1,625

 1,777

 2,439

 3,250

63

1,473

 1,595

 1,717

 2,244

 2,896

64

1,473

 1,564

 1,655

 2,051

 2,541

65

1,473

 1,534

 1,595

 1,859

 2,183

66

1,473

 1,505

 1,534

 1,665

 1,829

67 and over

1,473

 1,473

 1,473

 1,473

 1,473

PART B

PAYMENTS TO DEPENDANTS TO WHOM DEATH BENEFIT UNDER A SCHEME MADE OR HAVING EFFECT AS IF MADE UNDER ...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT