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The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule

Publication 2008-08-27

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 27th August 2008

Coming into operation: 1st October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Mesothelioma, etc., Act (Northern Ireland) 2008[^f00001].

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 and shall come into operation on 1st October 2008.

(2) In these Regulations—

“the Act” means the Mesothelioma, etc., Act (Northern Ireland) 2008;

“claim” means a claim under section 1(1) of the Act;

“deceased” means a person who, immediately before death, had mesothelioma;

“enactment” includes any statutory provision;

“lump sum payment” means a payment under section 1(2) of the Act;

“mesothelioma” means “diffuse mesothelioma”;

“payment” includes a payment in money or money’s worth or in kind.

Disqualifying payments

2

(1) The following payments are prescribed for the purposes of section 2(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of mesothelioma, prevent the conditions provided for in section 2(1)(a) and (2)(a) from being fulfilled)—

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006[^f00002];

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005[^f00003];

(c) payment from any government department, authority, body corporate or employer exempted from insurance by or under Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972[^f00004] or section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969[^f00005];

(d) payment under the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;

(e) payment under the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.

(2) The following payments are prescribed for the purposes of section 2(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 2(1)(b) or (2)(b) from being fulfilled)—

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

Disregarded payments

3

A payment made in error and which in consequence is liable to be repaid in accordance with an enactment or rule of law is to be disregarded for the purpose of section 2(1)(a) or (2)(a) of the Act.

Presence in the United Kingdom

4

(1) In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.

(2) In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.

Amount of lump sum payment

5

(1) The amount of a payment made under section 1(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.

(2) In Table 1 of the Schedule the reference to the age of the person is a reference to—

(a) the age at which the person was first diagnosed with mesothelioma; or

(b) where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.

(3) The amount of a payment made under section 1(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.

(4) In Table 2 of the Schedule the reference to the age of the person with mesothelioma is a reference to the age of the person at death.

SCHEDULE

Age of person with mesothelioma at first diagnosis, or, if unknown, date of claim	Age of person with mesothelioma at first diagnosis, or, if unknown, date of claim	Payment£
	37 or under	116,152
	38	113,893
	39	111,640
	40	109,386
	41	107,128
	42	104,873
	43	103,749
	44	102,614
	45	101,490
	46	100,362
	47	99,234
	48	96,082
	49	92,926
	50	89,762
	51	86,610
	52	83,443
	53	81,190
	54	78,939
	55	76,688
	56	74,421
	57	72,166
	58	66,305
	59	60,438
	60	54,582
	61	48,716
	62	42,853
	63	39,244
	64	35,631
	65	32,028
	66	28,418
	67	24,810
	68	24,074
	69	23,337
	70	22,612
	71	21,879
	72	21,149
	73	20,524
	74	19,888
	75	19,279
	76	18,668
	77 or over	18,047
Age of person with mesothelioma at death	Age of person with mesothelioma at death	Payment£
---	---	---
	37 or under	60,446
	38	59,148
	39	57,851
	40	56,554
	41	55,258
	42	53,962
	43	52,720
	44	51,468
	45	50,236
	46	48,996
	47	47,758
	48	46,237
	49	44,710
	50	43,190
	51	41,673
	52	40,150
	53	38,903
	54	37,668
	55	36,427
	56	35,178
	57	33,941
	58	30,509
	59	27,063
	60	23,628
	61	20,187
	62	16,743
	63	15,760
	64	14,785
	65	13,784
	66	12,800
	67 or over	10,007

Signed

Sealed with the Official Seal of the Department for Social Development on 27th August 2008

B McGahan — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for a lump sum payment under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008 (“the Act”) to a person with diffuse mesothelioma or the person’s dependant.

Regulation 2 specifies certain payments, eligibility or receipt of which disqualifies a person from entitlement to a lump sum payment.

Regulation 3 prevents disqualification for payments which are liable to be repaid.

Regulation 4 requires the person with diffuse mesothelioma to have been in the United Kingdom at the time and place of exposure to asbestos.

Regulation 5 and the Schedule set out the amounts payable to a person with diffuse mesothelioma or a dependant, based on the age of the person with diffuse mesothelioma.

Sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Act under which these Regulations are made were brought into operation, for the purpose only of authorising the making of regulations on 27th August 2008 and for all other purposes on 1st October 2008 by the Mesothelioma, etc., (2008 Act) (Commencement) Order (Northern Ireland) 2008 (S.R. 2008 No. 351 (C. 19)).

Footnotes

[^f00001]: 2008 c. 9 (N.I.)

[^f00002]: S.I. 2006/606

[^f00003]: S.I. 2005/439

[^f00004]: S.I 1972/963 (N.I. 6); Article 7 was amended by paragraph 1 of Schedule 2 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and Part 5 of Schedule 7 to the Criminal Justice and Police Act 2001 (c. 16)

[^f00005]: 1969 c. 57

Editorial notes

[^key-058d6240d1cf83ad3515fecde615b2ac]: Reg. 1 in operation at 1.10.2008, see reg. 1(1)

[^key-1b99c39ecf12abe231ff72cd5e73207f]: Reg. 2 in operation at 1.10.2008, see reg. 1(1)

[^key-a10719b883754cf2695af2c6c1df45e6]: Reg. 3 in operation at 1.10.2008, see reg. 1(1)

[^key-f2219c0f8cf0f35703e3619c9fbd6026]: Reg. 4 in operation at 1.10.2008, see reg. 1(1)

[^key-fa6efa684af1fd20d029f43fe5a20896]: Reg. 5 in operation at 1.10.2008, see reg. 1(1)

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