Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1993

JurisdictionUK Non-devolved
CitationSI 1993/1158

1993 No. 1158

SOCIAL SECURITY

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1993

Made 26th April 1993

Coming into force 1st May 1993

The Secretary of State in exercise of the powers conferred on her by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 19791(“the Act”) and of all other powers enabling her 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 1993 and shall come into force on 1st May 1993.

(2) These Regulations apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date on which they come into force.

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 £1,728 shall be substituted for the amount of £1,686 in regulations 5(1) and 8 of those Regulations, and the amount of £3,575 shall be substituted for the amount of £3,488 in regulation 6(1) of those Regulations.

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Employment

26th April 1993

SCHEDULE

Regulations 3, 4, 5 and 6

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.

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.

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.

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

20,018

35,749

41,944

43,136

44,327

45,280

46,235

47,187

48,141

49,093

38

19,446

34,318

40,681

42,137

43,373

44,327

45,280

46,235

47,187

48,141

39

18,874

32,887

39,418

41,133

42,422

43,373

44,327

45,280

46,235

47,187

40

18,303

31,457

38,156

40,132

41,466

42,422

43,373

44,327

45,280

46,235

41

17,731

30,028

36,892

39,130

40,515

41,466

42,422

43,373

44,327

45,280

42

17,157

28,599

35,629

38,132

39,561

40,515

41,466

42,422

43,373

44,327

43

16,301

26,930

34,365

37,369

38,895

40,038

40,990

41,944

42,897

43,852

44

15,443

25,261

33,102

36,606

38,226

39,561

40,515

41,466

42,422

43,373

45

14,586

23,593

31,840

35,843

37,560

39,084

40,038

40,990

41,944

42,897

46

13,727

21,926

30,577

35,081

36,892

38,608

39,561

40,515

41,466

42,422

47

12,870

20,257

29,313

34,318

36,225

38,132

39,084

40,038

40,990

41,944

48

12,130

19,588

28,313

32,792

35,081

36,795

37,750

38,703

39,655

40,611

49

11,391

18,923

27,311

31,267

33,938

35,461

36,415

37,369

38,323

39,276

50

10,654

18,255

26,330

29,743

32,792

34,126

35,081

36,033

36,986

37,940

51

9,915

17,588

25,308

28,217

31,649

32,792

33,755

34,698

35,653

36,606

52

9,175

16,921

24,309

26,692

30,504

31,457

32,413

33,364

34,318

35,270

53

8,483

15,730

22,783

25,357

29,360

30,504

31,457

32,413

33,364

34,318

54

7,793

14,538

21,257

24,024

28,217

29,552

30,504

31,457

32,413

33,364

55

7,102

13,346

19,734

22,688

27,072

28,599

29,552

30,504

31,457

32,413

56

6,410

12,154

18,207

21,354

25,930

27,645

28,599

29,552

30,504

31,457

57

5,720

10,962

16,683

20,018

24,789

26,692

27,645

28,599

29,552

30,504

58

5,267

9,963

14,896

17,968

22,305

24,070

25,095

26,097

27,072

28,026

59

4,813

8,960

13,107

15,921

19,827

21,448

22,544

23,593

24,595

25,546

60

4,362

7,959

11,320

13,869

17,351

18,828

19,994

21,092

22,117

23,070

61

3,908

6,958

9,533

11,820

14,872

16,206

17,443

18,589

19,638

20,590

62

3,456

5,958

7,746

9,770

12,394

13,584

14,896

16,087

17,157

18,112

63

3,216

5,386

6,958

8,736

11,023

12,201

13,441

14,586

15,633

16,587

64

2,982

4,813

6,172

7,698

9,652

10,820

11,988

13,084

14,108

15,061

65

2,742

4,242

5,386

6,663

8,282

9,437

10,533

11,583

12,584

13,537

66

2,503

3,672

4,600

5,623

6,913

8,055

9,080

10,080

11,059

12,011

67

2,265

3,098

3,812

4,587

5,541

6,674

7,626

8,580

9,533

10,486

68

2,204

3,001

3,682

4,396

5,352

6,410

7,328

8,317

9,234

10,176

69

2,145

2,907

3,552

4,207

5,161

6,150

7,032

8,055

8,939

9,865

70

2,085

2,813

3,419

4,016

4,969

5,886

6,733

7,793

8,639

9,558

71

2,026

2,716

3,290

3,824

4,778

5,623

6,435

7,532

8,342

9,249

72

1,967

2,622

3,158

3,636

4,587

5,363

6,136

7,269

8,042

8,939

73

1,918

2,576

3,111

3,564

4,516

5,243

6,018

7,079

7,805

8,675

74

1,871

2,525

3,063

3,491

4,446

5,123

5,899

6,887

7,568

8,407

75

1,825

2,479

3,016

3,419

4,372

5,005

5,780

6,697

7,328

8,150

76

1,776

2,430

2,966

3,349

4,301

4,887

5,661

6,507

7,089

7,889

77 and over

1,728

2,383

2,920

3,276

4,230

4,766

5,541

6,318

6,851

7,626

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.

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

35,749

49,093

38

34,318

48,141

39

32,887

47,187

40

31,457

46,235

41

30,028

45,280

42

28,599

44,327

43

26,930

43,852

44

25,261

43,373

45

23,593

42,897

46

21,926

42,422

47

20,257

41,944

48

19,588

40,611

49

18,923

39,276

50

18,255

37,940

51

17,588

36,606

52

16,921

35,270

53

15,730

34,318

54

14,538

33,364

55

13,346

32,413

56

12,154

31,457

57

10,962

30,504

58

9,963

28,026

59

8,960

25,546

60

7,959

23,070

61

6,958

20,590

62

5,958

18,112

63

5,386

16,587

64

4,813

15,061

65

4,242

13,537

66

3,672

12,011

67

3,098

10,486

68

3,001

10,176

69

2,907

9,865

70

2,813

9,558

71

2,716

9,249

72

2,622

8,939

73

2,576

8,675

74

2,525

8,407

75

2,479

8,150

76

2,430

7,889

77 and over

2,383

7,626

3 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.

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(1.)(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.

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(1.)(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.

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

9,414

18,352

20,972

21,688

22,284

38

9,128

17,541

20,257

20,972

21,734

39

8,843

16,730

19,543

20,257

21,187

40

8,554

15,921

1...

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