The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/1026
Year2011

2011 No. 1026

Social Security

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011

Made 31th March 2011

Coming into force 1st April 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(1), (2) and (4) and 7(2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 19791.

In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and 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 2011 and shall come into force on 1st April 2011.

(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 Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

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

(a) in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,649” substitute “£2,731”;

(b) in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,478” (in both places) substitute “£5,648”; and

(c) for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

31st March 2011

SCHEDULE

Regulation 2(c)

SCHEDULE

“TABLE 1

This table 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).

The relevant period is the period specified in regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).

The age of the disabled person is his age determined in accordance with regulation 3(2) or (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 of the table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 19923or under any corresponding provision of the former Industrial Injuries Acts4, or would be payable but for the disablement amounting to less than the appropriate percentage.

Part B of the table prescribes payments to disabled persons to whom an allowance is payable under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 or under any corresponding provision of the former Old Cases Acts5.

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

31,603

56,437

66,217

68,100

69,980

71,485

72,990

74,495

75,999

77,506

38

30,700

54,177

64,222

66,521

68,472

69,980

71,485

72,990

74,495

75,999

39

29,796

51,919

62,229

64,938

66,972

68,275

69,980

71,485

72,990

74,495

40

28,895

49,660

60,235

63,356

65,462

66,971

68,472

69,980

71,485

72,991

41

27,991

47,406

58,242

61,773

63,962

65,462

66,971

68,472

69,980

71,485

42

27,083

45,150

56,246

60,201

62,455

63,962

65,462

66,971

68,472

69,980

43

25,735

42,513

54,253

58,994

61,404

63,210

64,712

66,217

67,723

69,229

44

24,378

39,880

52,257

57,791

60,349

62,455

63,962

65,462

66,971

68,472

45

23,028

37,247

50,263

56,585

59,298

61,700

63,210

64,712

66,217

67,723

46

21,671

34,615

48,272

55,383

58,242

60,952

62,455

63,962

65,462

66,971

47

20,319

31,980

46,276

54,177

57,190

60,201

61,700

63,210

64,712

66,217

48

19,151

30,926

44,699

51,771

55,383

58,088

59,597

61,101

62,602

64,113

49

17,985

29,874

43,117

49,362

53,579

55,982

57,489

58,994

60,501

62,007

50

16,818

28,820

41,567

46,955

51,771

53,875

55,383

56,886

58,390

59,896

51

15,652

27,766

39,954

44,546

49,963

51,771

53,290

54,777

56,285

57,791

52

14,486

26,713

38,376

42,138

48,156

49,660

51,171

52,673

54,177

55,680

53

13,393

24,834

35,966

40,032

46,351

48,156

49,660

51,171

52,673

54,177

54

12,302

22,953

33,558

37,929

44,546

46,656

48,156

49,660

51,171

52,673

55

11,213

21,071

31,156

35,816

42,738

45,150

46,656

48,156

49,660

51,171

56

10,120

19,188

28,745

33,711

40,936

43,642

45,150

46,656

48,156

49,660

57

9,029

17,305

26,337

31,603

39,135

42,139

43,642

45,150

46,656

48,156

58

8,315

15,727

23,518

28,365

35,215

38,001

39,618

41,201

42,739

44,245

59

7,598

14,145

20,692

25,133

31,301

33,859

35,590

37,247

38,827

40,330

60

6,889

12,565

17,870

21,895

27,394

29,723

31,562

33,298

34,916

36,422

61

6,168

10,985

15,052

18,660

23,477

25,584

27,539

29,347

31,002

32,507

62

5,455

9,406

12,228

15,425

19,565

21,445

23,518

25,397

27,083

28,594

63

5,079

8,502

10,985

13,792

17,404

19,260

21,221

23,028

24,680

26,184

64

4,711

7,598

9,743

12,151

15,236

17,083

18,927

20,656

22,271

23,776

65

4,328

6,697

8,502

10,519

13,076

14,899

16,629

18,287

19,867

21,372

66

3,953

5,796

7,260

8,877

10,912

12,716

14,335

15,913

17,458

18,963

67

3,576

4,891

6,017

7,242

8,749

10,537

12,040

13,544

15,052

16,555

68

3,478

4,736

5,812

6,943

8,449

10,120

11,569

13,131

14,577

16,065

69

3,387

4,591

5,608

6,642

8,148

9,707

11,102

12,716

14,110

15,574

70

3,291

4,442

5,397

6,340

7,845

9,290

10,630

12,302

13,637

15,088

71

3,200

4,287

5,192

6,037

7,543

8,877

10,161

11,889

13,170

14,600

72

3,105

4,139

4,985

5,739

7,242

8,468

9,687

11,474

12,695

14,110

73

3,027

4,066

4,911

5,625

7,128

8,278

9,500

11,176

12,323

13,695

74

2,954

3,988

4,835

5,512

7,020

8,087

9,315

10,875

11,947

13,272

75

2,880

3,915

4,761

5,397

6,902

7,901

9,123

10,572

11,569

12,865

76

2,803

3,835

4,683

5,287

6,790

7,716

8,938

10,272

11,189

12,456

77 and over

2,731

3,761

4,610

5,171

6,678

7,524

8,749

9,975

10,818

12,040

Age of disabled person

Extent of incapacity for the relevant period

Partial

£

Total

£

37 and under

56,437

77,506

38

54,177

75,999

39

51,919

74,495

40

49,660

72,991

41

47,406

71,485

42

45,150

69,980

43

42,513

69,229

44

39,880

68,472

45

37,247

67,723

46

34,615

66,971

47

31,980

66,217

48

30,926

64,113

49

29,874

62,007

50

28,820

59,896

51

27,766

57,791

52

26,713

55,680

53

24,834

54,177

54

22,953

52,673

55

21,071

51,171

56

19,188

49,660

57

17,305

48,156

58

15,727

44,245

59

14,145

40,330

60

12,565

36,422

61

10,985

32,507

62

9,406

28,594

63

8,502

26,184

64

7,598

23,776

65

6,697

21,372

66

5,796

18,963

67

4,891

16,555

68

4,736

16,065

69

4,591

15,574

70

4,442

15,088

71

4,287

14,600

72

4,139

14,110

73

4,066

13,695

74

3,988

13,272

75

3,915

12,865

76

3,835

12,456

77 and over

3,761

12,040

TABLE 2

This table is for the determination of payments to dependants of deceased sufferers under regulation 4(2) or (6).

The relevant period is the period specified in regulation 3(2) or (3) or, in the case of a disabled person to whom regulation 6 applies, the first period specified in regulation 6(1)(b).

Parts A and B of the table prescribe payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma.

Part C of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.

Part A of the table prescribes payments to—

dependants to whom death benefit under section 108 of the Social Security Contributions and Benefits Act 19926is payable;

dependants of a person to whom disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable immediately before that person died; and

dependants of a person to whom disablement benefit would have been payable immediately before that person died but for the occurrence of one of the circumstances listed in regulation 5(1)(a)(iii), or but for the person’s disablement amounting to less than the appropriate percentage.

Part B of the table prescribes payments to—

dependants to whom death benefit has been paid under a scheme made, or having effect as if made, under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992; and

dependants of persons to whom an allowance was payable 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.

Age of disabled person at their

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

20,017

34,128

38,264

39,396

40,335

38

19,566

32,848

37,136

38,264

39,468

39

19,116

31,568

36,008

37,135

38,603

40

18,659

30,288

34,878

36,008

37,738

41

18,210

29,010

33,749

34,878

36,873

42

17,762

27,735

32,620

33,749

36,008

43

16,947

26,076

31,604

32,732

35,180

44

16,140

24,415

30,585

31,719

34,343

45

15,333

22,761

29,572

30,701

33,521

46

14,522

21,105

28,469

29,684

32,694

47

13,714

19,450

27,544

28,673

31,868

48

13,096

18,998

26,793

27,882

30,851

49

12,471

18,548

26,035

27,091

29,835

50

11,852

18,094

25,286

26,297

28,819

51

11,232

17,645

24,534

25,511

27,807

52

10,610

17,195

23,781

24,720

26,793

53

10,326

16,140

22,353

23,628

25,959

54

10,046

15,086

20,919

22,537

25,134

55

9,765

14,032

19,490

21,448

24,306

56

9,483

12,979

...

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