Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 2035/1985 |
1985 No. 2035
SOCIAL SECURITY
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 198519thDecember 1985
1stJanuary 1986
The Secretary of State in exercise of the powers conferred on him by sections 1, 4(1) and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(a) 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:—
Citation, commencement, revocation and transitional provision
1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985 and shall come into operation on 1st January 1986.
(2) Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1979(b) and the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1984(c) are revoked.
(3) Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first becomes entitled to a payment under the Act before 1st January 1986.
Interpretation
2.—(1) In these Regulations unless the context otherwise requires:—
(a) "the Act" means the Pneumoconiosis etc. (Workers' Compensation) Act 1979 as amended by section 24 of the Social Security Act 1985;
(b) "claim" means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1985(d);
(c) "determination" as respects a Pneumoconiosis Medical Board, a
(a) 1979 c.41; sections 1 and 4 of the Act were amended by section 24 of the Social Security Act 1985 (c.53).
(b) S.I. 1979/1726.
(c) S.I. 1984/1972.
(d) S.I. 1985/1645.
Silicosis Medical Board or a Medical Appeal Tribunal means a determination in connection with a claim for disablement benefit;
(d) "disease" means a disease to which the Act applies, namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung and bilateral diffuse pleural thickening;
(e) "extent of incapacity" means extent of incapacity, either "total" or "partial", assessed by a Silicosis Medical Board for the purposes of determining entitlement to 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(a) or under any corresponding provision of the former Old Cases Acts (b);
(f) "percentage assessment" means percentage disability assessed in respect of a disease by a Pneumoconiosis Medical Board or Medical Appeal Tribunal, as the case may be, for the purpose of determining entitlement to disablement benefit under section 76 of the Social Security Act 1975(c) or under any corresponding provision of the former Industrial Injuries Acts(d);
(g) "primary carcinoma of the lung" means primary carcinoma of the lung where there is accompanying evidence of one or both of the following:—
(i) asbestosis
(ii) bilateral diffuse pleural thickening;
(h) "Secretary of State" means the Secretary of State for Employment.
(2) Any reference in these Regulations to a numbered Regulation shall be construed as a reference to the Regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.
Payments to persons disabled by a disease
3.—(1) The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with Table 1 of the Schedule.
(2) For the purpose of a determination as respects Part A of Table 1 of the Schedule the age of the person concerned and the percentage assessment shall be related to the first determination that he was suffering from the disease in the following manner—
(a) in any case where the said determination was a determination of a Pneumoconiosis Medical Board, the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which that determination was made, and the percentage assessment shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination by that Board;
(b) in any case where the said determination was a determination of a Medical Appeal Tribunal, the age of that person shall be his age at his last birthday preceding the first day of the month in which his case was last considered by a Pneumoconiosis Medical Board (being at a
(a) 1975 c.16.
(b) 1951 c.4, 1967 c.34.
(c) 1975 c.14.
(d) 1946 c.62, 1965 c.52.
time prior to the aforesaid determination of a Medical Appeal Tribunal) and the percentage assessment shall be that which is applicable for the period immediately following the date of that last consideration by a Pneumoconiosis Medical Board.
(3) For the purpose of a determination as respects Part B of Table 1 of the Schedule the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month of the first determination of a Silicosis Medical Board that he was suffering from the disease, or in the case of diffuse mesothelioma, the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which the Administrative Board (established for the purposes of the Industrial Injuries and Diseases (Old Cases) Act 1975 or any of the former Old Cases Acts) or an insurance officer, as the case may be, first awarded disablement benefit in respect of the disease: and the extent of incapacity shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination or the award of disablement benefit, as the case may be.
(4) In any case where, at the time of the first determination of a Pneumoconiosis Medical Board or a Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the provisions of this Regulation shall apply subject to the provisions of Regulation 6.
Payments to dependants of persons disabled by a disease
4.—(1) The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, being the dependant entitled to a payment under the Act, shall be determined by ascertaining the amount which would have been payable to the deceased in accordance with Regulation 3 had he still been alive and had duly made a claim for payment...
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