The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013

Made: 18th March 2013

Coming into force: 1st April 2013

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 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[^f00002] 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.

SCHEDULE 1

Signed

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

Freud — Parliamentary Under-Secretary of State — Department for Work and Pensions — 18th March 2013

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. 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.

These Regulations amend the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) (“the 1988 Regulations”). The amendments made by regulation 2(7), (8), (11) and (12) have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 2.2 per cent. rounded up or down to the nearest £1 as appropriate.

However the new Schedule to the 1988 Regulations, which is substituted by regulation 2(12), omits tables and amounts which, as a result of repeals made by section 64 of the Welfare Reform Act 2012 (c.5) (injuries arising before 5 July 1948), are no longer required. The remainder of regulation 2 makes further consequential amendments to the 1988 Regulations to remove provisions which link to those omitted tables and amounts.

By virtue of regulation 1(2), the amendments made by these Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Act on or after the day on which these Regulations come into force.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1988/668; relevant amending instruments are S.I. 1989/552, 2008/650 and 1963, 2009/747, 2010/1106, 2011/1026 and 2012/923.

[^f00003]: 1992 c.4.

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