Regulations made by the Department for Communities and laid before the Assembly under section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008 for approval of the Assembly before the expiration of six months from the date of their coming into operation

Statutory Rules of Northern Ireland

2023 No. 144

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023

Made

25th September 2023

Coming into operation

27th September 2023

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(3) and 9(2)(a) and (3) of the Mesothelioma, etc., Act (Northern Ireland) 2008( 1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023 and shall come into operation on 27th September 2023.

(2) In regulation 2—

(a) paragraph (a) applies only in relation to a person—

(i) first diagnosed with diffuse mesothelioma on or after 1st April 2023; or

(ii) where the date of the first diagnosis with diffuse mesothelioma is unknown, if a claim under section 1(1) of the Mesothelioma, etc., Act (Northern Ireland) 2008 is made by that person on or after 1st April 2023; and

(b) paragraph (b) applies only in relation to the dependant of a person who dies on or after 1st April 2023 and who, immediately before death, had diffuse mesothelioma.

Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations

2. In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008( 2)—

(a) for Table 1 substitute the Table set out in Part 1 of the Schedule to these Regulations; and

(b) for Table 2 substitute the Table set out in Part 2 of the Schedule to these Regulations.

Revocation

3. The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023( 3) are revoked.

Sealed with the Official Seal of the Department for Communities on 25th September 2023.

(L.S.)

David Tarr

A senior officer of the Department for Communities

Regulation 2

SCHEDULE

PART 1

“Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at first diagnosis, or, if unknown, date of claim		Payment £
	37 or under	107,038
	38	104,957
	39	102,881
	40	100,804
	41	98,723
	42	96,645
	43	95,609
	44	94,563
	45	93,528
	46	92,487
	47	91,448
	48	88,544
	49	85,635
	50	82,720
	51	79,814
	52	76,896
	53	74,820
	54	72,745
	55	70,671
	56	68,582
	57	66,504
	58	61,103
	59	55,696
	60	50,300
	61	44,894
	62	39,491
	63	36,165
	64	32,835
	65	29,515
	66	26,188
	67	22,863
	68	22,186
	69	21,506
	70	20,838
	71	20,162
	72	19,489
	73	18,914
	74	18,328
	75	17,767
	76	17,203
	77 or over	16,631 ”

PART 2

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death		Payment £
	37 or under	55,704
	38	54,507
	39	53,312
	40	52,117
	41	50,922
	42	49,728
	43	48,584
	44	47,430
	45	46,294
	46	45,152
	47	44,011
	48	42,609
	49	41,202
	50	39,801
	51	38,403
	52	37,000
	53	35,851
	54	34,712
	55	33,569
	56	32,418
	57	31,278
	58	28,115
	59	24,940
	60	21,774
	61	18,604
	62	15,429
	63	14,524
	64	13,625
	65	12,703
	66	11,796
	67 or over	9,222 ”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and re-enact the provisions of the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023 which would otherwise cease to have effect by virtue of section 10(2) of the Mesothelioma, etc., Act (Northern Ireland) 2008. These Regulations amend the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 to increase amounts of lump sums payable to people with diffuse mesothelioma or to their dependants under the Mesothelioma, etc., Act (Northern Ireland) 2008. The increase in each case is 10.1 per cent, rounded up or down to the nearest £1 as appropriate.

( 1)

2008 c. 9 (N.I.); see section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

( 2)

S.R. 2008 No. 354; relevant amending Regulations are S.R. 2023 No. 44

( 3)

S.R. 2023 No. 44

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