Citation, commencement and application

1. —(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013 and come into force on 1st April 2013.

(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.

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

2. —(1)The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988( 2 ) are amended as follows.

(2) Omit regulation 2(1)(g) (definition of “extent of incapacity”).

(3) In regulation 3(2) (payments to persons disabled by a disease), omit “Part A of”.

(4) Omit regulation 3(3).

(5) In regulation 4(2) (payments to dependants of persons disabled by a disease), omit “or extent of incapacity, as the case may be,”.

(6) In regulation 4(6)(b)—

(a) for “or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table,” substitute “for the purposes of Part A of Table 2”;

(b) omit “or extent of incapacity” the second time those words appear;

(c) omit “or “partial” respectively”.

(7) In the proviso to regulation 5(1) (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.

(8) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,942” (in both places) substitute “£6,073”.

(9) In regulation 6(1)(b), omit “Part A of”.

(10) In the proviso to regulation 7 (power of Secretary of State to determine amount of payment), omit paragraph (c).

(11) In regulation 8 (minimum amount payable to dependant), for “£2,873” substitute “£2,936”.

(12) For the Schedule to those Regulations, substitute the Schedule set out in the Schedule to these Regulations.

Regulation 2(12)

SCHEDULE 1

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. —(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 ( 3 ) or under any corresponding provision of the former Industrial Injuries Acts ( 4 ) , or would be payable but for the disablement amounting to less than the appropriate percentage.

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 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.