The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/923

2012 No. 923

Social Security

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012

Made 21th March 2012

Coming into force 1st April 2012

The Secretary of State for Work and Pensions 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 a 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 2012 and come into force on 1st April 2012.

(2) These Regulations apply only 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 “£2,731” substitute “£2,873”;

(b) in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,648” (in both places) substitute “£5,942”; 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

21st March 2012

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.

Part A

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

33,246

59,372

69,660

71,641

73,619

75,202

76,785

78,369

79,951

81,536

38

32,296

56,994

67,562

69,980

72,033

73,619

75,202

76,785

78,369

79,951

39

31,345

54,619

65,465

68,315

70,455

71,825

73,619

75,202

76,785

78,369

40

30,398

52,242

63,367

66,651

68,866

70,453

72,033

73,619

75,202

76,787

41

29,447

49,871

61,271

64,985

67,288

68,866

70,453

72,033

73,619

75,202

42

28,491

47,498

59,171

63,331

65,703

67,288

68,866

70,453

72,033

73,619

43

27,073

44,724

57,074

62,062

64,597

66,497

68,077

69,660

71,245

72,829

44

25,646

41,954

54,974

60,796

63,487

65,703

67,288

68,866

70,453

72,033

45

24,225

39,184

52,877

59,527

62,381

64,908

66,497

68,077

69,660

71,245

46

22,798

36,415

50,782

58,263

61,271

64,122

65,703

67,288

68,866

70,453

47

21,376

33,643

48,682

56,994

60,164

63,331

64,908

66,497

68,077

69,660

48

20,147

32,534

47,023

54,463

58,263

61,109

62,696

64,278

65,857

67,447

49

18,920

31,427

45,359

51,929

56,365

58,893

60,478

62,062

63,647

65,231

50

17,693

30,319

43,728

49,397

54,463

56,677

58,263

59,844

61,426

63,011

51

16,466

29,210

42,032

46,862

52,561

54,463

56,061

57,625

59,212

60,796

52

15,239

28,102

40,372

44,329

50,660

52,242

53,832

55,412

56,994

58,575

53

14,089

26,125

37,836

42,114

48,761

50,660

52,242

53,832

55,412

56,994

54

12,942

24,147

35,303

39,901

46,862

49,082

50,660

52,242

53,832

55,412

55

11,796

22,167

32,776

37,678

44,960

47,498

49,082

50,660

52,242

53,832

56

10,646

20,186

30,240

35,464

43,065

45,911

47,498

49,082

50,660

52,242

57

9,499

18,205

27,707

33,246

41,170

44,330

45,911

47,498

49,082

50,660

58

8,747

16,545

24,741

29,840

37,046

39,977

41,678

43,343

44,961

46,546

59

7,993

14,881

21,768

26,440

32,929

35,620

37,441

39,184

40,846

42,427

60

7,247

13,218

18,799

23,034

28,818

31,269

33,203

35,029

36,732

38,316

61

6,489

11,556

15,835

19,630

24,698

26,914

28,971

30,873

32,614

34,197

62

5,739

9,895

12,864

16,227

20,582

22,560

24,741

26,718

28,491

30,081

63

5,343

8,944

11,556

14,509

18,309

20,262

22,324

24,225

25,963

27,546

64

4,956

7,993

10,250

12,783

16,028

17,971

19,911

21,730

23,429

25,012

65

4,553

7,045

8,944

11,066

13,756

15,674

17,494

19,238

20,900

22,483

66

4,159

6,097

7,638

9,339

11,479

13,377

15,080

16,740

18,366

19,949

67

3,762

5,145

6,330

7,619

9,204

11,085

12,666

14,248

15,835

17,416

68

3,659

4,982

6,114

7,304

8,888

10,646

12,171

13,814

15,335

16,900

69

3,563

4,830

5,900

6,987

8,572

10,212

11,679

13,377

14,844

16,384

70

3,462

4,673

5,678

6,670

8,253

9,773

11,183

12,942

14,346

15,873

71

3,366

4,510

5,462

6,351

7,935

9,339

10,689

12,507

13,855

15,359

72

3,266

4,354

5,244

6,037

7,619

8,908

10,191

12,071

13,355

14,844

73

3,184

4,277

5,166

5,918

7,499

8,708

9,994

11,757

12,964

14,407

74

3,108

4,195

5,086

5,799

7,385

8,508

9,799

11,441

12,568

13,962

75

3,030

4,119

5,009

5,678

7,261

8,312

9,597

11,122

12,171

13,534

76

2,949

4,034

4,927

5,562

7,143

8,117

9,403

10,806

11,771

13,104

77 and over

2,873

3,957

4,850

5,440

7,025

7,915

9,204

10,494

11,381

12,666

Part B

Age of disabled person

Extent of incapacity for the relevant period

Partial

£

Total

£

37 and under

59,372

81,536

38

56,994

79,951

39

54,619

78,369

40

52,242

76,787

41

49,871

75,202

42

47,498

73,619

43

44,724

72,829

44

41,954

72,033

45

39,184

71,245

46

36,415

70,453

47

33,643

69,660

48

32,534

67,447

49

31,427

65,231

50

30,319

63,011

51

29,210

60,796

52

28,102

58,575

53

26,125

56,994

54

24,147

55,412

55

22,167

53,832

56

20,186

52,242

57

18,205

50,660

58

16,545

46,546

59

14,881

42,427

60

13,218

38,316

61

11,556

34,197

62

9,895

30,081

63

8,944

27,546

64

7,993

25,012

65

7,045

22,483

66

6,097

19,949

67

5,145

17,416

68

4,982

16,900

69

4,830

16,384

70

4,673

15,873

71

4,510

15,359

72

4,354

14,844

73

4,277

14,407

74

4,195

13,962

75

4,119

13,534

76

4,034

13,104

77 and over

3,957

12,666

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.

Part A

Age of disabled person

Percentage assessment for the relevant period

10% or less

11%-20%

21%-30%

31%-49%

50% and over

£

£

£

£

£

37 and under

21,058

35,903

40,254

41,445

42,432

38

20,583

34,556

39,067

40,254

41,520

39

20,110

33,210

37,880

39,066

40,610

40

19,629

31,863

36,692

37,880

39,700

41

19,157

30,519

35,504

36,692

38,790

42

18,686

29,177

34,316

35,504

37,880

43

17,828

27,432

33,247

34,434

37,009

44

16,979

25,685

32,175

33,368

36,129

45

16,130

23,945

31,110

32,297

35,264

46

15,277

22,202

29,949

31,228

34,394

47

14,427

20,461

28,976

30,164

33,525

48

13,777

19,986

28,186

29,332

32,455

49

13,119

19,512

27,389

28,500

31,386

50

12,468

19,035

26,601

27,664

30,318

51

11,816

18,563

25,810

26,838

29,253

52

11,162

18,089

25,018

26,005

28,186

53

10,863

16,979

23,515

24,857

27,309

54

10,568

15,870

22,007

23,709

26,441

55

10,273

14,762

20,503

22,563

25,570

56

9,976

13,654

18,999

21,417

24,695

57

9,499

12,550

17,494

20,267

2...

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