The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2014 No. 62


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Statutory Rules of Northern Ireland
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Regulations laid before the Assembly under Article 11(2) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979, and subject to affirmative resolution of the Assembly

Statutory Rules of Northern Ireland

2014 No. 62

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2014

Made

3rd March 2014

Coming into operation in accordance with regulation 1(1)

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(3), 4(3) and 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979(1) and now vested in it(2).

Citation, commencement and application

1.  (1)  These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 1st April 2014 or the day after they are affirmed by resolution of the Assembly if later.

(2) These Regulations apply only in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 on or after the day on which these Regulations come into operation.

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

2.  (1)  The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulations 5(2) and 7 (minimum amounts payable to dependant) for "£2,936" substitute "£3,015".

(3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for "£6,073", in both places, substitute "£6,237".

(4) For the Schedule substitute the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department for Social Development on 3rd March 2014

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Regulation 2(4)

SCHEDULE

Regulations 3, 4, 5 and 6

"SCHEDULE

TABLE 1

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).

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

3.  The age of the disabled person is his age determined in accordance with regulation 3(2) 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.

4.  The table prescribes payments to disabled persons to whom disablement benefit is payable under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4), 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.

TABLE 1
Age ofPercentage assessment for the relevant period
disabled10%11% -21% -31% -41% -51% -61% -71% -81% -91% -
personor less20%30%40%50%60%70%80%90%100%
££££££££££
37 and34,89462,31673,11575,19477,27078,93180,59382,25683,91685,580
under
3833,89859,82170,91273,45175,60677,27078,93180,59382,25683,916
3932,90057,32868,71171,70373,94975,38777,27078,93180,59382,256
4031,90654,83366,51069,95672,28173,94775,60677,27078,93180,595
4130,90852,34464,31068,20870,62572,28173,94775,60677,27078,931
4229,90449,85462,10666,47268,96170,62572,28173,94775,60677,270
4328,41646,94259,90565,14067,80069,79571,45473,11574,77876,441
4426,91844,03557,70063,81266,63668,96170,62572,28173,94775,606
4525,42641,12755,49962,48065,47468,12769,79571,45473,11574,778
4623,92938,22153,30061,15364,31067,30268,96170,62572,28173,947
4722,43635,31151,09659,82163,14866,47268,12769,79571,45473,115
4821,14634,14849,35657,16461,15364,13965,80567,46669,12370,792
4919,85832,98547,60954,50459,16061,81463,47865,14066,80368,466
5018,57031,82345,89751,84757,16459,48861,15362,81264,47266,136
5117,28230,65944,11749,18655,16757,16458,84160,48362,14963,812
5215,99429,49542,37446,52753,17354,83356,50158,16059,82161,480
5314,78827,42139,71244,20351,18053,17354,83356,50158,16059,821
5413,58425,34437,05441,88049,18651,51653,17354,83356,50158,160
5512,38223,26734,40139,54747,19049,85451,51653,17354,83356,501
5611,17421,18731,73937,22345,20048,18849,85451,51653,17354,833
579,97019,10829,08234,89443,21246,52848,18849,85451,51653,173
589,18017,36625,96831,31938,88341,95943,74545,49347,19148,854
598,39015,61922,84827,75234,56237,38739,29841,12742,87244,531
607,60613,87419,73224,17730,24732,82034,84936,76738,55440,216
616,81112,12916,62020,60425,92328,24930,40732,40434,23235,893
626,02310,38613,50217,03221,60323,67925,96828,04329,90431,573
635,6089,38812,12915,22819,21721,26723,43125,42627,25028,912
645,2028,39010,75913,41716,82318,86220,89822,80824,59026,252
654,7797,3949,38811,61414,43916,45218,36220,19221,93723,598
664,3656,3998,0179,80212,04914,04015,82817,57019,27720,938
673,9495,4006,6447,9979,66011,63513,29514,95416,62018,280
683,8405,2296,4187,6679,32911,17412,77514,49916,09517,738
693,7395,0696,1937,3348,99810,71912,25814,04015,58117,196
703,6344,9055,9607,0018,66310,25811,73813,58415,05816,660
713,5334,7335,7336,6668,3299,80211,21913,12714,54216,121
723,4284,5705,5046,3377,9979,35010,69612,67014,01815,581
733,3424,4895,4236,2117,8719,14010,49012,34013,60715,122
743,2624,4035,3386,0877,7518,93010,28512,00913,19114,654
753,1814,3245,2575,9607,6218,72410,07311,67412,77514,205
763,0954,2345,1715,8377,4978,5209,86911,34212,35513,754
77 and3,0154,1535,0915,7107,3748,3079,66011,01511,94513,295
over

TABLE 2

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

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

3.  (1)  Part A of the table prescribes payments to dependants of disabled persons who died as a result of a disease other than diffuse mesothelioma where-

(a)death benefit under section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 is payable;

(b)disablement benefit under that section or under any corresponding provision of the former Industrial Injuries Acts was payable to the disabled person immediately before he died;

(c)disablement benefit would have been payable to the disabled person 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.

(2) Part B of the table prescribes payments to dependants of disabled persons who died as a result of diffuse mesothelioma.

PART A
Age of disabled person at his last birthday preceding deathPercentage assessment for the relevant period
10% or less11% - 20%21% - 30%31% - 49%50% and
over
£££££
37 and under22,10237,68442,25143,50144,537
3821,60436,27041,00442,25143,579
3921,10734,85739,75841,00342,624
4020,60333,44338,51139,75841,668
4120,10732,03237,26538,51140,713
4219,61330,62436,01837,26539,758
4318,71228,79334,89536,14238,844
4417,82226,95933,77135,02337,921
4516,93025,13332,65233,89937,013
4616,03523,30331,43432,77736,100
4715,14221,47630,41331,66035,188
4814,46020,97829,58430,78634,065
4913,77020,47928,74829,91332,942
5013,08619,97927,92029,03631,822
5112,40219,48327,09028,16930,704
5211,71618,98626,25827,29529,584
5311,40217,82224,68126,09028,664
5411,09216,65723,09824,88527,753
5510,78215,49421,52023,68226,839
5610,47014,33119,94122,47925,919
579,97013,17218,36221,27225,008
589,18012,33616,55819,15622,479
598,39011,50414,75217,03419,941
607,60610,68012,94014,91517,409
616,8119,84511,13612,79614,873
626,0239,0199,32510,68012,336
635,6088,9549,20610,28011,612
645,2028,3909,0759,88710,893
654,7797,3948,9549,49110,156
664,3656,3998,0179,0989,432
67 and over3,0154,1535,0915,7107,374
PART B
Age of disabled person at his last birthdayPayment
preceding death£
37 and under44,537
3843,579
3942,624
4041,668
4140,713
4239,758
4338,844
4437,921
4537,013
4636,100
4735,188
4834,065
4932,942
5031,822
5130,704
5229,584
5328,664
5427,753
5526,839
5625,919
5725,008
5822,479
5919,941
6017,409
6114,873
6212,336
6311,612
6410,893
6510,156
669,432
67 and over7,374"

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 ("the Order") lump sum payments may be made to certain persons disabled by a disease to which the Order applies, or to dependants of persons who were so disabled before they died.

The diseases to which the Order applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.

These Regulations amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to increase amounts payable under the Order. The increase in each case is 2.7 per cent., rounded up or down to the nearest £1 as appropriate.

(1)

S.I. 1979/925 (N.I. 9); Articles 3 and 4 were amended by Article 22(a) and (b) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 3 was amended by section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

(2)

See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) and Article 3 of S.R. 2006 No. 192

(3)

S.R. 1988 No. 242; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2013 No. 56

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