The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2009

Made: 18th March 2009

Coming into force: 1st April 2009

In accordance with section 7(3) of that Act, a draft of this instrument was laid before Parliament and approved by 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 2009 and shall come into force on 1st April 2009.

• (2) These Regulations shall apply 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 Regulations

2

In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988[^f00002]—

• (a) in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,485” substitute “£2,609”;

• (b) in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,140” (in both places) substitute “£5,397”; and

• (c) for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Work and Pensions

William D.McKenzie. — Parliamentary Under Secretary of State — Department for Work and Pensions — 18th March 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c.41) (“the Act”) lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled before they died.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (SI 1988/668) so as to increase amounts payable under the Act. The increase in each case is 5 per cent rounded up or down to the nearest £1 as appropriate.

The diseases to which the Act applies are pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung (where accompanied by asbestosis or diffuse pleural thickening) and diffuse pleural thickening.

A full impact assessment has not been produced for this instrument as no impact on the private, public or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1979 c.41; section 1 of the Act was amended by section 24 of the Social Security Act 1985 (c.53) and section 7(3) of the Act was amended by section 58 of the Welfare Reform Act 2007 (c.5).

[^f00002]: S.I. 1988/668, amended by S.I. 1989/552, 2008/650 and 2008/1963.

[^f00003]: 1992 c.4.

[^f00004]: “the former Industrial Injuries Acts” is defined in section 2(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

[^f00005]: “the former Old Cases Acts” is defined in section 2(3) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

[^f00006]: 1992 c.4.