Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/1691
Year1997

1997 No. 1691

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997

Made 13th July 1997

Laid before Parliament 24th June 1997

Coming into force 1st September 1997

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) Amendment Regulations 1997 and shall come into force on 1st September 1997.

(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) 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 £1,803 there shall be substituted the amount of £1,852;

(c) in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,731 there shall be substituted the amount of £3,832.

Angela Eagle

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

13th July 1997

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

21,452

38,309

44,949

46,226

47,502

48,523

49,547

50,567

51,589

52,610

38

20,839

36,776

43,595

45,155

46,480

47,502

48,523

49,547

50,567

51,589

39

20,226

35,243

42,242

44,080

45,461

46,480

47,502

48,523

49,547

50,567

40

19,614

33,710

40,889

43,007

44,436

45,461

46,480

47,502

48,523

49,547

41

19,001

32,179

39,535

41,933

43,417

44,436

45,461

46,480

47,502

48,523

42

18,386

30,648

38,181

40,864

42,395

43,417

44,436

45,461

46,480

47,502

43

17,469

28,859

36,827

40,046

41,682

42,906

43,927

44,949

45,970

46,994

44

16,550

27,071

35,473

39,228

40,964

42,395

43,417

44,436

45,461

46,480

45

15,631

25,283

34,120

38,411

40,250

41,884

42,906

43,927

44,949

45,970

46

14,710

23,496

32,768

37,594

39,535

41,373

42,395

43,417

44,436

45,461

47

13,792

21,708

31,413

36,776

38,820

40,864

41,884

42,906

43,927

44,949

48

12,999

20,991

30,341

35,141

37,594

39,430

40,455

41,475

42,495

43,520

49

12,207

20,278

29,268

33,507

36,370

38,001

39,023

40,046

41,068

42,089

50

11,417

19,563

28,216

31,873

35,141

36,571

37,594

38,615

39,636

40,658

51

10,625

18,848

27,121

30,239

33,916

35,141

36,173

37,183

38,207

39,228

52

9,832

18,133

26,051

28,604

32,689

33,710

34,735

35,754

36,776

37,797

53

9,091

16,857

24,415

27,174

31,463

32,689

33,710

34,735

35,754

36,776

54

8,351

15,580

22,780

25,745

30,239

31,669

32,689

33,710

34,735

35,754

55

7,610

14,302

21,147

24,313

29,012

30,648

31,669

32,689

33,710

34,735

56

6,869

13,024

19,512

22,884

27,787

29,625

30,648

31,669

32,689

33,710

57

6,130

11,747

17,878

21,452

26,564

28,604

29,625

30,648

31,669

32,689

58

5,644

10,677

15,963

19,255

23,903

25,795

26,893

27,966

29,012

30,034

59

5,158

9,602

14,046

17,061

21,247

22,985

24,159

25,283

26,357

27,376

60

4,675

8,529

12,131

14,862

18,594

20,177

21,426

22,603

23,702

24,723

61

4,188

7,456

10,216

12,667

15,937

17,367

18,693

19,921

21,045

22,065

62

3,704

6,385

8,300

10,470

13,282

14,557

15,963

17,239

18,386

19,409

63

3,447

5,771

7,456

9,362

11,813

13,075

14,404

15,631

16,753

17,775

64

3,196

5,158

6,614

8,249

10,343

11,595

12,847

14,021

15,118

16,140

65

2,938

4,546

5,771

7,141

8,875

10,113

11,288

12,413

13,486

14,507

66

2,682

3,935

4,929

6,026

7,408

8,632

9,731

10,802

11,851

12,871

67

2,427

3,320

4,085

4,916

5,938

7,152

8,173

9,195

10,216

11,237

68

2,361

3,216

3,946

4,711

5,736

6,869

7,853

8,913

9,895

10,905

69

2,298

3,115

3,806

4,509

5,531

6,590

7,536

8,632

9,580

10,572

70

2,234

3,015

3,664

4,303

5,325

6,307

7,215

8,351

9,258

10,242

71

2,172

2,911

3,525

4,098

5,120

6,026

6,896

8,072

8,940

9,911

72

2,108

2,810

3,384

3,896

4,916

5,747

6,576

7,790

8,618

9,580

73

2,055

2,761

3,333

3,819

4,839

5,618

6,449

7,586

8,364

9,297

74

2,005

2,706

3,282

3,741

4,765

5,490

6,322

7,381

8,110

9,009

75

1,956

2,657

3,232

3,664

4,685

5,363

6,194

7,176

7,853

8,734

76

1,903

2,604

3,178

3,589

4,610

5,238

6,067

6,973

7,597

8,455

77 and over

1,852

2,553

3,129

3,511

4,533

5,108

5,938

6,771

7,342

8,173

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

38,309

52,610

38

36,776

51,589

39

35,243

50,567

40

33,710

49,547

41

32,179

48,523

42

30,648

47,502

43

28,859

46,994

44

27,071

46,480

45

25,283

45,970

46

23,496

45,461

47

21,708

44,949

48

20,991

43,520

49

20,278

42,089

50

19,563

40,658

51

18,848

39,228

52

18,133

37,797

53

16,857

36,776

54

15,580

35,754

55

14,302

34,735

56

13,024

33,710

57

11,747

32,689

58

10,667

30,034

59

9,602

27,376

60

8,529

24,723

61

7,456

22,065

62

6,385

19,409

63

5,771

17,775

64

5,158

16,140

65

4,546

14,507

66

3,935

12,871

67

3,320

11,237

68

3,216

10,905

69

3,115

10,572

70

3,015

10,242

71

2,911

9,911

72

2,810

9,580

73

2,761

9,297

74

2,706

9,009

75

2,657

8,734

76

2,604

8,455

77 and over

2,553

8,173

TABLE 2

SCH-1.1

1 Table 2 is for the determination of payments to dependants of deceased suffers 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 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%

40%

50% and over

£

£

£

£

£

37 and under

10,088

19,667

22,474

23,241

23,880

38

9,782

18,798

21,708

22,474

23,291

39

9,477

17,928

20,943

21,708

22,705

40

9,167

17,061

20,177

20,943

22,116

41

8,861

16,193

19,409

20,177

21,529

42

8,557

15,327

18,642

19,409

20,943

43

8,005

14,201

17,954

18,720

20,381

44

7,456

13,075

17,263

18,030

19,813

45

6,909

11,953

16,575

17,341

19,255

46

6,359

10,826

15,826

16,650

18,693

47

5,810

9,703

15,197

15,963

18,133

48

5,390

9,397

14,687

15,427

17,443

49

4,967

9,091

14,173

14,891

16,753

50

4,546

8,785

13,665

14,353

16,064

51

4,125

8,479

13,153

13,817

15,375

52

3,704

8,173

12,643

13,282

14,687

53

3,511

7,456

11,673

12,540

14,122

54

3,320

6,741

10,701

11,800

13,561

55

3,129

6,026

9,731

11,059

12,999

56

2,938

5,312

8,760

10,319

12,436

57

2,744

4,598

7,790

9,580

11,875

58

2,566

4,085

6,679

8,276

10,319

59

2,385

3,575

5,568

6,973

8,760

60

2,209

3,066

4,455

5,670

7,203

61

2,032

2,553

3,346

4,368

5,644

62

1,852

2,044

2,234

3,066

4,085

63

1,852

2,005

2,159

2,821

3,641

64

1,852

1,966

2,080

2,579

3,196

65

1,852

1,929

2,005

2,336

2,744

66

1,852

1,892

1,929

2,094

2,298

67 and over

1,852

1,852

1,852

1,852

1,852

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...

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