Statutory Instruments
2014 No. 869
Social Security
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2014
Made
31st March 2014
Coming into force in accordance with regulation 1(1).
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(1) and (2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979( 1 ).
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.
Citation, commencement and application
1. —(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.
(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) In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma), for “£2,936” substitute “£3,015”.
(3) In regulation 6(1)(a) (payment where pneumoconiosis accompanied by tuberculosis), for “£6,073” (in both places) substitute “£6,237”.
(4) In regulation 8 (minimum amount payable to dependant) for “£2,936” substitute “£3,015”.
(5) For the Schedule to those Regulations, substitute—
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.
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 and under | 34,894 | 62,316 | 73,115 | 75,194 | 77,270 | 78,931 | 80,593 | 82,256 | 83,916 | 85,580 |
| 38 | 33,898 | 59,821 | 70,912 | 73,451 | 75,606 | 77,270 | 78,931 | 80,593 | 82,256 | 83,916 |
| 39 | 32,900 | 57,328 | 68,711 | 71,703 | 73,949 | 75,387 | 77,270 | 78,931 | 80,593 | 82,256 |
| 40 | 31,906 | 54,833 | 66,510 | 69,956 | 72,281 | 73,947 | 75,606 | 77,270 | 78,931 | 80,595 |
| 41 | 30,908 | 52,344 | 64,310 | 68,208 | 70,625 | 72,281 | 73,947 | 75,606 | 77,270 | 78,931 |
| 42 | 29,904 | 49,854 | 62,106 | 66,472 | 68,961 | 70,625 | 72,281 | 73,947 | 75,606 | 77,270 |
| 43 | 28,416 | 46,942 | 59,905 | 65,140 | 67,800 | 69,795 | 71,454 | 73,115 | 74,778 | 76,441 |
| 44 | 26,918 | 44,035 | 57,700 | 63,812 | 66,636 | 68,961 | 70,625 | 72,281 | 73,947 | 75,606 |
| 45 | 25,426 | 41,127 | 55,499 | 62,480 | 65,474 | 68,127 | 69,795 | 71,454 | 73,115 | 74,778 |
| 46 | 23,929 | 38,221 | 53,300 | 61,153 | 64,310 | 67,302 | 68,961 | 70,625 | 72,281 | 73,947 |
| 47 | 22,436 | 35,311 | 51,096 | 59,821 | 63,148 | 66,472 | 68,127 | 69,795 | 71,454 | 73,115 |
| 48 | 21,146 | 34,148 | 49,356 | 57,164 | 61,153 | 64,139 | 65,805 | 67,466 | 69,123 | 70,792 |
| 49 | 19,858 | 32,985 | 47,609 | 54,504 | 59,160 | 61,814 | 63,478 | 65,140 | 66,803 | 68,466 |
| 50 | 18,570 | 31,823 | 45,897 | 51,847 | 57,164 | 59,488 | 61,153 | 62,812 | 64,472 | 66,136 |
| 51 | 17,282 | 30,659 | 44,117 | 49,186 | 55,167 | 57,164 | 58,841 | 60,483 | 62,149 | 63,812 |
| 52 | 15,994 | 29,495 | 42,374 | 46,527 | 53,173 | 54,833 | 56,501 | 58,160 | 59,821 | 61,480 |
| 53 | 14,788 | 27,421 | 39,712 | 44,203 | 51,180 | 53,173 | 54,833 | 56,501 | 58,160 | 59,821 |
| 54 | 13,584 | 25,344 | 37,054 | 41,880 | 49,186 | 51,516 | 53,173 | 54,833 | 56,501 | 58,160 |
| 55 | 12,382 | 23,267 | 34,401 | 39,547 | 47,190 | 49,854 | 51,516 | 53,173 | 54,833 | 56,501 |
| 56 | 11,174 | 21,187 | 31,739 | 37,223 | 45,200 | 48,188 | 49,854 | 51,516 | 53,173 | 54,833 |
| 57 | 9,970 | 19,108 | 29,082 | 34,894 | 43,212 | 46,528 | 48,188 | 49,854 | 51,516 | 53,173 |
| 58 | 9,180 | 17,366 | 25,968 | 31,319 | 38,883 | 41,959 | 43,745 | 45,493 | 47,191 | 48,854 |
| 59 | 8,390 | 15,619 | 22,848 | 27,752 | 34,562 | 37,387 | 39,298 | 41,127 | 42,872 | 44,531 |
| 60 | 7,606 | 13,874 | 19,732 | 24,177 | 30,247 | 32,820 | 34,849 | 36,767 | 38,554 | 40,216 |
| 61 | 6,811 | 12,129 | 16,620 | 20,604 | 25,923 | 28,249 | 30,407 | 32,404 | 34,232 | 35,893 |
| 62 | 6,023 | 10,386 | 13,502 | 17,032 | 21,603 | 23,679 | 25,968 | 28,043 | 29,904 | 31,573 |
| 63 | 5,608 | 9,388 | 12,129 | 15,228 | 19,217 | 21,267 | 23,431 | 25,426 | 27,250 | 28,912 |
| 64 | 5,202 | 8,390 | 10,759 | 13,417 | 16,823 | 18,862 | 20,898 | 22,808 | 24,590 | 26,252 |
| 65 | 4,779 | 7,394 | 9,388 | 11,614 | 14,439 | 16,452 | 18,362 | 20,192 | 21,937 | 23,598 |
| 66 | 4,365 | 6,399 | 8,017 | 9,802 | 12,049 | 14,040 | 15,828 | 17,570 | 19,277 | 20,938 |
| 67 | 3,949 | 5,400 | 6,644 | 7,997 | 9,660 | 11,635 | 13,295 | 14,954 | 16,620 | 18,280 |
| 68 | 3,840 | 5,229 | 6,418 | 7,667 | 9,329 | 11,174 | 12,775 | 14,499 | 16,095 | 17,738 |
| 69 | 3,739 | 5,069 | 6,193 | 7,334 | 8,998 | 10,719 | 12,258 | 14,040 | 15,581 | 17,196 |
| 70 | 3,634 | 4,905 | 5,960 | 7,001 | 8,663 | 10,258 | 11,738 | 13,584 | 15,058 | 16,660 |
| 71 | 3,533 | 4,733 | 5,733 | 6,666 | 8,329 | 9,802 | 11,219 | 13,127 | 14,542 | 16,121 |
| 72 | 3,428 | 4,570 | 5,504 | 6,337 | 7,997 | 9,350 | 10,696 | 12,670 | 14,018 | 15,581 |
| 73 | 3,342 | 4,489 | 5,423 | 6,211 | 7,871 | 9,140 | 10,490 | 12,340 | 13,607 | 15,122 |
| 74 | 3,262 | 4,403 | 5,338 | 6,087 | 7,751 | 8,930 | 10,285 | 12,009 | 13,191 | 14,654 |
| 75 | 3,181 | 4,324 | 5,257 | 5,960 | 7,621 | 8,724 | 10,073 | 11,674 | 12,775 | 14,205 |
| 76 | 3,095 | 4,234 | 5,171 | 5,837 | 7,497 | 8,520 | 9,869 | 11,342 | 12,355 | 13,754 |
77 and over | 3,015 | 4,153 | 5,091 | 5,710 | 7,374 | 8,307 | 9,660 | 11,015 | 11,945 | 13,295 |
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.
| 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 and under | 22,102 | 37,684 | 42,251 | 43,501 | 44,537 |
| 38 | 21,604 | 36,270 | 41,004 | 42,251 | 43,579 |
| 39 | 21,107 | 34,857 | 39,758 | 41,003 | 42,624 |
| 40 | 20,603 | 33,443 | 38,511 | 39,758 | 41,668 |
| 41 | 20,107 | 32,032 | 37,265 | 38,511 | 40,713 |
| 42 | 19,613 | 30,624 | 36,018 | 37,265 | 39,758 |
| 43 | 18,712 | 28,793 | 34,895 | 36,142 | 38,844 |
| 44 | 17,822 | 26,959 | 33,771 | 35,023 | 37,921 |
| 45 | 16,930 | 25,133 | 32,652 | 33,899 | 37,013 |
| 46 | 16,035 | 23,303 | 31,434 | 32,777 | 36,100 |
| 47 | 15,142 | 21,476 | 30,413 | 31,660 | 35,188 |
| 48 | 14,460 | 20,978 | 29,584 | 30,786 | 34,065 |
| 49 | 13,770 | 20,479 | 28,748 | 29,913 | 32,942 |
| 50 | 13,086 | 19,979 | 27,920 | 29,036 | 31,822 |
| 51 | 12,402 | 19,483 | 27,090 | 28,169 | 30,704 |
| 52 | 11,716 | 18,986 | 26,258 | 27,295 | 29,584 |
| 53 | 11,402 | 17,822 | 24,681 | 26,090 | 28,664 |
| 54 | 11,092 | 16,657 | 23,098 | 24,885 | 27,753 |
| 55 | 10,782 | 15,494 | 21,520 | 23,682 | 26,839 |
| 56 | 10,470 | 14,331 | 19,941 | 22,479 | 25,919 |
| 57 | 9,970 | 13,172 | 18,362 | 21,272 | 25,008 |
| 58 | 9,180 | 12,336 | 16,558 | 19,156 | 22,479 |
| 59 | 8,390 | 11,504 | 14,752 | 17,034 | 19,941 |
| 60 | 7,606 | 10,680 | 12,940 | 14,915 | 17,409 |
| 61 | 6,811 | 9,845 | 11,136 | 12,796 | 14,873 |
| 62 | 6,023 | 9,019 | 9,325 | 10,680 | 12,336 |
| 63 | 5,608 | 8,954 | 9,206 | 10,280 | 11,612 |
| 64 | 5,202 | 8,390 | 9,075 | 9,887 | 10,893 |
| 65 | 4,779 | 7,394 | 8,954 | 9,491 | 10,156 |
| 66 | 4,365 | 6,399 | 8,017 | 9,098 | 9,432 |
| 67 and over | 3,015 | 4,153 | 5,091 | 5,710 | 7,374 |
| Age of disabled person on their last birthday before their death | Payment £ |
|---|---|
| 37 and under | 44,537 |
| 38 | 43,579 |
| 39 | 42,624 |
| 40 | 41,668 |
| 41 | 40,713 |
| 42 | 39,758 |
| 43 | 38,844 |
| 44 | 37,921 |
| 45 | 37,013 |
| 46 | 36,100 |
| 47 | 35,188 |
| 48 | 34,065 |
| 49 | 32,942 |
| 50 | 31,822 |
| 51 | 30,704 |
| 52 | 29,584 |
| 53 | 28,664 |
| 54 | 27,753 |
| 55 | 26,839 |
| 56 | 25,919 |
| 57 | 25,008 |
| 58 | 22,479 |
| 59 | 19,941 |
| 60 | 17,409 |
| 61 | 14,873 |
| 62 | 12,336 |
| 63 | 11,612 |
| 64 | 10,893 |
| 65 | 10,156 |
| 66 | 9,432 |
| 67 and over | 7,374 ” |
Signed by authority of the Secretary of State for Work and Pensions
Mike Penning
Minister of State
Department for Work and Pensions
31st March 2014
1979 c. 41 . Section 1 was amended by section 24 of the Social Security Act 1985 (c. 53) and section 7(3) was amended by section 58 of the Welfare Reform Act 2007 (c. 5) .
S.I. 1988/668 . S.I. 1989/552 and S.I. 2013/690 are relevant amending instruments.
“the former Industrial Injuries Acts” is defined in section 2(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.