Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2000

JurisdictionUK Non-devolved

2000 No. 1118

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2000

Made 18th April 2000

Coming into force 1st June 2000

The Secretary of State, in exercise of the powers conferred on him by sections 1(1), (2) and (4) 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) (Amendment) Regulations 2000 and shall come into force on 1st June 2000.

(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.

S-2 Amendment of the Regulations

Amendment of the Regulations

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

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

(b) in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,943 there shall be substituted the amount £1,992;

(c) in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £4,020 (in both places) there shall be substituted the amount £4,121.

Whitty

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

18th April 2000

SCHEDULE

Regulation 2(a)

SCHEDULE

SCHEDULE

Regulations 3, 4, 5 and 6

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 first period specified in regulation 6(1)(b).

SCH-1.3

3 The age of the disabled person is his age determined in accordance with regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies, regulation 6(1)(b). 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.

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% £

31%–40% £

41%–50% £

51%–60% £

61%–70% £

71%–80% £

81%–90% £

91%–100% £

37 and under

23,066

41,192

48,330

49,703

51,076

52,174

53,274

54,371

55,470

56,568

38

22,407

39,542

46,874

48,552

49,976

51,076

52,174

53,274

54,371

55,470

39

21,747

37,894

45,419

47,396

48,880

49,976

51,076

52,174

53,274

54,371

40

21,090

36,246

43,964

46,242

47,779

48,880

49,976

51,076

52,174

53,274

41

20,430

34,600

42,509

45,088

46,683

47,779

48,880

49,976

51,076

52,174

42

19,768

32,953

41,053

43,938

45,584

46,683

47,779

48,880

49,976

51,076

43

18,783

31,030

39,597

43,058

44,817

46,134

47,231

48,330

49,429

50,528

44

17,794

29,107

38,141

42,179

44,046

45,584

46,683

47,779

48,880

49,976

45

16,807

27,185

36,687

41,300

43,279

45,034

46,134

47,231

48,330

49,429

46

15,817

25,264

35,232

40,422

42,509

44,486

45,584

46,683

47,779

48,880

47

14,830

23,341

33,776

39,542

41,740

43,938

45,034

46,134

47,231

48,330

48

13,977

22,571

32,624

37,785

40,422

42,396

43,498

44,595

45,692

46,793

49

13,126

21,804

31,470

36,028

39,106

40,860

41,959

43,058

44,158

45,256

50

12,275

21,035

30,338

34,271

37,785

39,322

40,422

41,520

42,617

43,716

51

11,425

20,266

29,161

32,513

36,467

37,785

38,895

39,980

41,081

42,179

52

10,572

19,497

28,010

30,755

35,148

36,246

37,348

38,444

39,542

40,640

53

9,775

18,125

26,251

29,218

33,830

35,148

36,246

37,348

38,444

39,542

54

8,979

16,752

24,493

27,682

32,513

34,052

35,148

36,246

37,348

38,444

55

8,183

15,378

22,739

26,142

31,194

32,953

34,052

35,148

36,246

37,348

56

7,386

14,004

20,980

24,605

29,878

31,854

32,953

34,052

35,148

36,246

57

6,591

12,631

19,223

23,066

28,563

30,756

31,854

32,953

34,052

35,148

58

6,069

11,480

17,165

20,703

25,701

27,735

28,915

30,070

31,194

32,294

59

5,546

10,324

15,102

18,344

22,845

24,714

25,977

27,185

28,339

29,435

60

5,027

9,171

13,043

15,981

19,993

21,694

23,038

24,303

25,485

26,583

61

4,503

8,018

10,985

13,619

17,136

18,673

20,099

21,419

22,628

23,725

62

3,982

6,865

8,925

11,258

14,281

15,653

17,165

18,536

19,768

20,869

63

3,706

6,205

8,018

10,066

12,702

14,058

15,488

16,807

18,013

19,112

64

3,437

5,546

7,111

8,869

11,121

12,467

13,814

15,076

16,255

17,353

65

3,159

4,887

6,205

7,678

9,543

10,874

12,137

13,347

14,500

15,598

66

2,884

4,231

5,300

6,479

7,965

9,281

10,463

11,615

12,743

13,840

67

2,610

3,569

4,392

5,286

6,385

7,691

8,787

9,886

10,985

12,083

68

2,539

3,458

4,242

5,066

6,167

7,386

8,444

9,584

10,640

11,725

69

2,471

3,350

4,093

4,848

5,947

7,086

8,103

9,281

10,300

11,367

70

2,403

3,241

3,939

4,627

5,726

6,781

7,758

8,979

9,954

11,013

71

2,335

3,129

3,790

4,406

5,505

6,479

7,415

8,679

9,612

10,657

72

2,266

3,022

3,639

4,189

5,286

6,180

7,070

8,376

9,266

10,300

73

2,210

2,968

3,584

4,106

5,203

6,041

6,934

8,157

8,993

9,996

74

2,156

2,910

3,529

4,023

5,123

5,903

6,798

7,937

8,720

9,687

75

2,102

2,857

3,475

3,939

5,038

5,767

6,659

7,716

8,444

9,390

76

2,046

2,799

3,417

3,859

4,956

5,631

6,523

7,498

8,168

9,091

77 and over

1,992

2,745

3,364

3,775

4,874

5,492

6,385

7,280

7,895

8,787

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

41,192

56,568

38

39,542

55,470

39

37,894

54,371

40

36,246

53,274

41

34,600

52,174

42

32,953

51,076

43

31,030

50,528

44

29,107

49,976

45

27,185

49,429

46

25,264

48,880

47

23,341

48,330

48

22,571

46,793

49

21,804

45,256

50

21,035

43,716

51

20,266

42,179

52

19,497

40,640

53

18,125

39,542

54

16,752

38,444

55

15,378

37,348

56

14,004

36,246

57

12,631

35,148

58

11,480

32,294

59

10,324

29,435

60

9,171

26,583

61

8,018

23,725

62

6,865

20,869

63

6,205

19,112

64

5,546

17,353

65

4,887

15,598

66

4,231

13,840

67

3,569

12,083

68

3,458

11,725

69

3,350

11,367

70

3,241

11,013

71

3,129

10,657

72

3,022

10,300

73

2,968

9,996

74

2,910

9,687

75

2,857

9,390

76

2,799

9,091

77 and over

2,745

8,787

TABLE 2(1) This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or 4(6).(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 first period specified in regulation 6(1)(b).

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 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%–49%

50% and over

£

£

£

£

£

37 and under

10,847

21,147

24,164

24,990

25,676

38

10,517

20,212

23,342

24,164

25,043

39

10,190

19,277

22,518

23,341

24,412

40

9,856

18,344

21,694

22,518

23,780

41

9,528

17,411

20,869

21,694

23,149

42

9,201

16,480

20,045

20,869

22,518

43

8,607

15,269

19,304

20,128

21,915

44

8,018

14,058

18,561

19,387

21,303

45

7,429

12,851

17,822

18,646

20,703

46

6,837

11,641

17,016

17,903

20,099

47

6,247

10,433

16,341

17,165

19,497

48

5,795

10,104

15,792

16,587

18,755

49

5,340

9,775

15,240

16,011

18,013

50

4,887

9,445

14,693

15,432

17,272

51

4,435

9,116

14,143

14,856

16,532

52

3,982

8,787

13,594

14,281

15,792

53

3,775

8,018

12,551

13,483

15,184

54

3,569

7,249

11,506

12,687

14,582

55

3,364

6,479

10,463

11,891

13,977

56

3,159

5,711

9419

11,096

13,371

57

2,951

4,944

8,376

10,300

12,768

58

2,759

4,392

7,182

8,899

11,096

59

2,565

3,844

5,987

7,498

9,419

60

2,376

3,296

4,791

6,096

7,745

61

2,185

2,745

3,598

4,697

6,069

62

1,992

2,198

2,403

3,296

4,392

63

1,992

2,156

2,322

3,033

3,914

64

1,992

2114

2,237

2,774

3,437

65

1,992

2,075

2,156

2,512

2,951

66

1,992

2,034

2,075

2,252

2,471

67 and over

1,992

1,992

1,992

1,992

1,992

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 THE FORMER OLD CASES ACTS WAS PAYABLE, IN CIRCUMSTANCES WHERE THE DISABLED PERSON DIED AS A RESULT OF A...

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