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Statutory Instruments

1988 No. 668

SOCIAL SECURITY

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

Made

30th March 1988

Coming into force

11th April 1988

The Secretary of State in exercise of the powers conferred on him by sections 1 and 7 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979(1) and of all other powers enabling him in that behalf hereby makes the following Regulations, of which a draft has been approved by resolution of each House of Parliament:—

Citation, commencement, revocation and transitional provision

1.—(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 and shall come into force on 11th April 1988 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.

(2) Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985(2) are revoked.

(3) Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first satisfies the conditions of entitlement to a payment under the Act before 11th April 1988.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires:—

(a) the Act” means the Pneumoconiosis etc. (Workers' Compensation) Act 1979 ;

(b) the appropriate percentage” means, in the case of any disease, the percentage specified in section 57(1) of the Social Security Act 1975 ( 3 ) or, if Regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the Regulations;

(c) the appropriate period” means, in the case of any disease, the period specified in section 57(4) of the 1975 Act or, if Regulations have been made under section 77 of that Act specifying a different period in relation to that disease, the period specified in the Regulations;

(d) claim” means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1985 ( 4 );

(e) “determination” as respects a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), a Silicosis Medical Board or a Medical Appeal Tribunal means a determination in connection with a claim for disablement benefit;

[F1 (f) disease ” means a disease to which the Act applies (as specified in section 1(3) of the Act or in an order made under that section); F1]

F2(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) percentage assessment” means percentage disability assessed in respect of a disease by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, for the purpose of determining entitlement to disablement benefit under section 76 of the Social Security Act 1975 or under any corresponding provision of the former Industrial Injuries Acts( 5 );

F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) Secretary of State” means the Secretary of State for Employment.

(2) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.

Payments to persons disabled by a disease

3.—(1) The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with Table 1 of the Schedule.

F4(2) For the purpose of a determination as respects ... Table 1 of the Schedule the age of the person concerned and the percentage assessment shall be related to the first determination that he was suffering from the disease in the following manner—

(a)in any case where the said determination was a determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which that determination was made, and the percentage assessment shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination by that Board;

(b)in any case where the said determination was a determination of a Medical Appeal Tribunal, the age of that person shall be his age at his last birthday preceding the first day of the month in which his case was last considered by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), (being at a time prior to the aforesaid determination of a Medical Appeal Tribunal) and the percentage assessment shall be that which is applicable for the period immediately following the date of that last consideration by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be).

F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the provisions of this regulation shall apply subject to the provisions of regulation 6.

[F6 (5) Where—

(a)a payment is made to a person under section 46 of the Child Maintenance and Other Payments Act 2008 (the mesothelioma payment) in respect of diffuse mesothelioma,

(b)subsequently it is determined that the same person is entitled to a payment under section 1(1) of the Act in respect of the same diffuse mesothelioma,

the amount payable under paragraph (1) shall be reduced by the amount of the mesothelioma payment.F6]

Payments to dependants of persons disabled by a disease

4.—(1) The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, or would have been payable but for his disablement amounting to less than the appropriate percentage, being the dependant entitled to a payment under the Act, shall be determined by ascertaining the amount which would have been payable to the deceased in accordance with regulation 3 had he still been alive and had duly made a claim for payment under the Act, deducting from that amount the sum which would have been payable to the deceased if his age at his last birthday preceding his death were substituted for the age used in ascertaining the said amount in accordance with the said regulation 3.

F7(2) Where the Secretary of State is satisfied that the deceased died as a result of the disease, there shall be added to the amount calculated in accordance with paragraph (1) of this regulation a further amount determined in accordance with Table 2 of the Schedule and the age of the deceased for this purpose shall be his age at his last birthday preceding his death. In the case of a disease other than diffuse mesothelioma, the percentage disablement ... shall be the same as that used in determining the amount payable under the provisions of regulation 3.

(3) For the purpose of determining whether a payment should be made under the provisions of paragraph (2) of this regulation, it shall be sufficient evidence that the deceased died as a result of the disease if death benefit is payable or was paid as a lump sum by reason of the deceased’s death as a result of the disease.

(4) It shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence that a claim for death benefit has been disallowed on the ground that the deceased did not die as a result of the disease.

(5) Where no claim for death benefit has been made, it shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence available that in the opinion of two doctors of the pneumoconiosis medical panel or Medical Boarding Centre (Respiratory Diseases), as the case may be, the deceased did not die as a result of the disease.

(6) (a) A dependant of a person to whom disablement benefit in respect of a disease was not payable immediately before he died, being the dependant entitled to a payment under the Act, shall be paid an amount determined in accordance with Table 2 of the Schedule [F8in cases whereF8] :—

(i)death benefit is payable to or in respect of the said dependant [F9by reason of the deceased’s death as a result of the diseaseF9] , or

(ii)disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed benefit, or but for his having died before he had suffered from the disease for the appropriate period.

(b)F11,F12The relevant percentage assessment[F10 for the purposes of Part A of Table 2F10] shall be that determined by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board in respect of the period immediately prior to the deceased’s death or if no such determination was made the said relevant percentage assessment ... shall be taken as 10 per cent. ... and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.

(7) As respects any claim made by the dependant of a deceased person where that person has died as a result of diffuse mesothelioma, the provisions of this regulation shall apply subject to the provisions of regulation 5.

Payment where death results from diffuse mesothelioma

5.—(1) In any case where the Secretary of State is satisfied, as respects a claim by a dependant of a deceased person who died on or after 22nd August 1966 (the said dependant being the dependant who is entitled to a payment under the Act), that the said deceased person died as a result of diffuse mesothelioma the amount of the payment to that dependant shall be:—

(a)the amount payable in accordance with regulation 4 in respect of diffuse mesothelioma if—

(i)disablement benefit was payable to the deceased immediately before he died solely in respect of diffuse mesothelioma, or

[F13 (ii)where disablement benefit in respect of a disease was not payable to the deceased immediately before he died death benefit is payable to or in respect of the said dependant by reason of the deceased’s death as a result of the disease, orF13]

(iii)disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed the benefit or but for his having died before he had suffered from the disease for the appropriate period;

(b)if disablement benefit was payable to the deceased immediately before he died solely in respect of pneumoconiosis, either—

(i)the total amount payable in accordance with regulation 4 in a case where the deceased’s death resulted from pneumoconiosis or, if greater—

(ii)the amount payable in accordance with regulation 4(6) in respect of the deceased’s death as a result of diffuse mesothelioma;

(c)if disablement benefit was payable to the deceased immediately before he died in respect of both pneumoconiosis and diffuse mesothelioma or would have been payable to him but for the circumstances specified in (a)(iii) above, either the amount payable in accordance with paragraph (a) of this regulation or that payable in accordance with paragraph (b)(i), whichever amount is the greater.

Provided that in any case the amount payable to a dependant under this regulation shall be at least [F14£4,248F14] more than the amount which would have been payable to him if he had been entitled to a payment calculated in accordance with regulation 4(6).

(2) In the case of any amount payable in accordance with this regulation to the dependant of a deceased person the Secretary of State shall deduct from any such amount a sum equal to any payment made under the provisions of the Act to the said deceased person prior to death, save that any amount so payable after any such deduction shall not, in any event, be less than the minimum payment prescribed in regulation 8.

Payment where pneumoconiosis is accompanied by tuberculosis

6.—(1) In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the amount payable to any such disabled person under the provisions of the Act shall be determined by adding together—

(a)the sum of [F15£8,788F15] if the percentage assessment applicable for the period immediately following the date relevant for the purposes of regulation 3(2) was one hundred per cent. or if less than one hundred per cent. that percentage of [F15£8,788F15] in respect of the year beginning on that date (that is to say the date relevant for the purpose of regulation 3(2)), and in respect of each successive year beginning on the anniversary of that date on the first day of which the said disabled person was, or appears to the Secretary of State to have been, suffering from pneumoconiosis accompanied by active tuberculosis, and

(b)F16a lump sum determined in accordance with ... Table 1 of the Schedule, taking, for this purpose, the age of the disabled person as his age at his last birthday prior to the end of the last year to which paragraph (1)(a) of this regulation applies, and taking also for this purpose the percentage assessment as that applicable for the period immediately following the end of the period during which the said disabled person was suffering from pneumoconiosis accompanied by active tuberculosis.

(2) The amount payable to a dependant of any disabled person who, had he been alive, would have been entitled to a payment determined in accordance with paragraph (1) of this regulation, being the dependant entitled to a payment under the Act, shall be determined in accordance with regulation 4, save that the amount which would have been payable to the deceased in accordance with paragraph (1) of this regulation shall be substituted for the amount which would have been payable to him in accordance with regulation 3 with the percentage disablement taken for the purpose of determining the sum to be deducted under regulation 4(1) from the aforesaid amount being the percentage disablement used for the purpose of determining the lump sum under paragraph (1)(b) of this regulation.

(3) In any case to which the provisions of this regulation apply and where it appears to the Secretary of State that tuberculosis either remains active at the time a claim is made under the provisions of the Act, or remained active until the time when the disabled person died, the amount of the payment shall be determined as if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.

(4) No payment made in accordance with this regulation shall exceed the amount which would have been payable if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.

Power of Secretary of State to determine amount of payment

7. In the case of a claim by any person who appears to the Secretary of State to be entitled to a payment under the Act but in respect of whose claim the Secretary of State is unable to determine affirmatively or accurately, to his satisfaction, the amount which should properly be paid to that person in accordance with these Regulations (whether because the date relevant for the purposes of regulation 3 is unknown or uncertain or for some other reason), payment shall nevertheless be made to that person of whatever amount, in any particular case, appears to the Secretary of State to be just and equitable:

Provided that in the case of any such payment—

(a)where the date relevant for the purposes of regulation 3 is unknown or uncertain, the date to be taken as the relevant date shall be the latest date which, on the evidence available, could have been the relevant date;

(b)where the relevant percentage disablement is unknown or uncertain this shall be taken as the lowest percentage on the evidence available which could have been the relevant percentage disablement;

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minimum amount payable to dependant

8. In any case where entitlement to payment under the Act has been established by the dependant of any person who immediately before he died was disabled by a disease and the amount of any payment to the said dependant under the foregoing provisions of these Regulations is less than the sum of [F18£4,248F18] the amount actually payable to that dependant shall, in no such case, be less than that sum.

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

Regulations 3, 4 and 6

[F19SCHEDULE

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.—(1) The age of the disabled person is their 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).

(2) 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 they still been alive, is the age of the deceased on their last birthday before their death.

4. The table prescribes payments to disabled persons to whom disablement benefits are payable under section 108 of the Social Security Contributions and Benefits Act 1992 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.

[F20 Age of

disabled

person

Percentage assessment for the relevant period

10%

or under

£

11%

-20%

£

21%

-30%

£

31%

-40%

£

41%

-50%

£

51%

-60%

£

61%

-70%

£

71%

-80%

£

81%

-90%

£

91%

-100%

£

37 or under 49,161 87,794 103,005 105,934 108,858 111,199 113,541 115,882 118,221 120,566
38 47,755 84,275 99,902 103,478 106,513 108,858 111,199 113,541 115,882 118,221
39 46,350 80,765 96,802 101,017 104,180 106,208 108,858 111,199 113,541 115,882
40 44,951 77,249 93,700 98,555 101,829 104,176 106,513 108,858 111,199 113,543
41 43,543 73,744 90,603 96,091 99,496 101,829 104,176 106,513 108,858 111,199
42 42,129 70,236 87,494 93,647 97,156 99,496 101,829 104,176 106,513 108,858
43 40,034 66,131 84,395 91,771 95,519 98,328 100,665 103,005 105,347 107,691
44 37,921 62,036 81,287 89,901 93,878 97,156 99,496 101,829 104,176 106,513
45 35,819 57,940 78,188 88,024 92,241 95,979 98,328 100,665 103,005 105,347
46 33,712 53,848 75,091 86,154 90,603 94,817 97,156 99,496 101,829 104,176
47 31,607 49,747 71,984 84,275 88,964 93,647 95,979 98,328 100,665 103,005
48 29,791 48,109 69,534 80,534 86,154 90,361 92,709 95,050 97,383 99,733
49 27,976 46,470 67,073 76,788 83,346 87,084 89,427 91,771 94,113 96,457
50 26,161 44,832 64,660 73,043 80,534 83,807 86,154 88,492 90,829 93,173
51 24,347 43,193 62,153 69,294 77,720 80,534 82,896 85,210 87,557 89,901
52 22,532 41,552 59,696 65,549 74,908 77,249 79,602 81,939 84,275 86,614
53 20,833 38,632 55,948 62,273 72,103 74,908 77,249 79,602 81,939 84,275
54 19,137 35,704 52,202 59,003 69,294 72,577 74,908 77,249 79,602 81,939
55 17,446 32,779 48,464 55,716 66,484 70,236 72,577 74,908 77,249 79,602
56 15,742 29,848 44,715 52,440 63,677 67,888 70,236 72,577 74,908 77,249
57 14,048 26,919 40,971 49,161 60,878 65,551 67,888 70,236 72,577 74,908
58 12,931 24,466 36,584 44,123 54,778 59,113 61,628 64,090 66,485 68,825
59 11,821 22,005 32,187 39,098 48,692 52,671 55,364 57,940 60,399 62,735
60 10,715 19,546 27,801 34,062 42,611 46,237 49,097 51,798 54,316 56,656
61 9,597 17,087 23,415 29,029 36,519 39,798 42,838 45,653 48,228 50,567
62 8,486 14,632 19,020 23,992 30,434 33,359 36,584 39,509 42,129 44,481
63 7,902 13,226 17,087 21,452 27,072 29,960 33,007 35,819 38,391 40,735
64 7,329 11,821 15,159 18,901 23,701 26,573 29,442 32,131 34,643 36,985
65 6,731 10,420 13,226 16,363 20,343 23,175 25,870 28,446 30,904 33,245
66 6,149 9,015 11,296 13,812 16,974 19,781 22,298 24,753 27,156 29,498
67 5,564 7,610 9,361 11,266 13,608 16,392 18,733 21,067 23,415 25,753
68 5,410 7,368 9,042 10,804 13,143 15,742 17,998 20,427 22,676 24,989
69 5,269 7,141 8,725 10,329 12,675 15,101 17,270 19,781 21,953 24,224
70 5,120 6,911 8,398 9,863 12,206 14,451 16,537 19,137 21,215 23,471
71 4,976 6,669 8,077 9,391 11,734 13,812 15,807 18,495 20,489 22,710
72 4,830 6,438 7,755 8,927 11,266 13,171 15,068 17,849 19,749 21,953
73 4,706 6,323 7,639 8,751 11,089 12,877 14,779 17,385 19,170 21,304
74 4,594 6,203 7,519 8,577 10,919 12,582 14,487 16,917 18,581 20,644
75 4,481 6,092 7,406 8,398 10,737 12,291 14,193 16,446 17,998 20,012
76 4,360 5,966 7,285 8,222 10,561 12,001 13,903 15,978 17,405 19,377
77 or over 4,247 5,851 7,174 8,046 10,387 11,703 13,608 15,517 16,827 18,733F20]

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.

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

4. Part A of the table prescribes payments to—

(a)dependants to whom industrial death benefit under section 108 of the Social Security Contributions and Benefits Act 1992 is payable;

(b)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

(c)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.

[F21Part A

Age of disabled person on their last birthday before their death Percentage assessment for the relevant period
10% or under £ 11%-20% £ 21%-30% £ 31%-49% £ 50% or over £
37 or under 31,137 53,091 59,526 61,284 62,743
38 30,435 51,098 57,767 59,526 61,396
39 29,737 49,108 56,013 57,766 60,049
40 29,028 47,113 54,255 56,013 58,703
41 28,326 45,126 52,500 54,255 57,358
42 27,631 43,143 50,742 52,500 56,013
43 26,363 40,566 49,162 50,918 54,723
44 25,107 37,981 47,578 49,340 53,424
45 23,850 35,409 45,999 47,758 52,145
46 22,591 32,832 44,284 46,179 50,858
47 21,333 30,258 42,848 44,603 49,573
48 20,371 29,554 41,676 43,372 47,994
49 19,397 28,850 40,502 42,143 46,409
50 18,436 28,146 39,335 40,906 44,831
51 17,472 27,447 38,164 39,685 43,257
52 16,506 26,748 36,992 38,454 41,676
53 16,063 25,107 34,771 36,755 40,381
54 15,626 23,467 32,541 35,058 39,099
55 15,189 21,828 30,317 33,363 37,811
56 14,751 20,190 28,091 31,668 36,515
57 14,048 18,556 25,870 29,969 35,231
58 12,931 17,379 23,329 26,987 31,668
59 11,821 16,207 20,783 23,994 28,091
60 10,715 15,046 18,230 21,011 24,526
61 9,597 13,870 15,688 18,027 20,954
62 8,486 12,706 13,138 15,046 17,379
63 7,902 12,614 12,968 14,480 16,359
64 7,329 11,821 12,784 13,929 15,347
65 6,731 10,420 12,614 13,370 14,308
66 6,149 9,015 11,296 12,817 13,286
67 or over 4,247 5,851 7,174 8,046 10,387F21]

[F21Part B

Age of disabled person on their last birthday before their death Payment £
37 or under 62,743
38 61,396
39 60,049
40 58,703
41 57,358
42 56,013
43 54,723
44 53,424
45 52,145
46 50,858
47 49,573
48 47,994
49 46,409
50 44,831
51 43,257
52 41,676
53 40,381
54 39,099
55 37,811
56 36,515
57 35,231
58 31,668
59 28,091
60 24,526
61 20,954
62 17,379
63 16,359
64 15,347
65 14,308
66 13,286
67 or over 10,387F21,F19]]
(1)

1979 c. 41; sections 1 and 4 of the Act were amended by section 24 of the Social Security Act 1985 (c. 53) and section 2 was amended by section 39 of and Schedule 3 to the Social Security Act 1986 (c. 50).

(2)

S.I. 1985/2035.

(3)

1975 c. 14; sections 57 and 77 were amended by section 39 of and Schedule 3 to the Social Security Act 1986 (c. 50).

(4)

S.I. 1985/1645.

(5)

1946 c. 62, 1965 c. 52.

Status: There are currently no known outstanding effects for The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988.
The Pneumoconiosisetc.(Workers' Compensation) (Payment of Claims) Regulations 1988 (1988/668)
Version from: 1 April 2026

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