Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998

Made: 13th October 1998

To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974

Coming into operation: 29th November 1998

The Department of Economic Development, in exercise of the powers conferred on it by Articles 2(2)[^f00001], 3(3), 4(3), 11(1) and (4) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979[^f00002] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 29th November 1998.

• (2) In these Regulations—

• (a) “the Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979;

• (b) “the principal Regulations” means the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988[^f00003].

Amendment of the principal Regulations

2

• (1) The principal Regulations shall be amended in accordance with paragraphs (2) to (4) in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Order on or after 29th November 1998.

• (2) For the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

• (3) In regulations 5(2) (payment where death results from diffuse mesothelioma) and 7 (minimum amount payable to dependant) for “£1,852” in each place where it occurs there shall be substituted “£1,943”.

• (4) In regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis) for “£3,832” in each place where it occurs there shall be substituted “£4,020”.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Economic Development on

G. I. O'Doherty — Assistant Secretary — 13th October 1998.

Explanatory note

(This note is not part of the Regulations.)

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

These Regulations amend the Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988, as amended, so as to increase the amount payable under the Order. The increase in each case is 4.9 per cent, rounded up or down to the nearest £1 as appropriate.

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

Footnotes

[^f00001]: See the definitions of “Department” and “prescribed”. The Department of Economic Development was formerly the Department of Manpower Services: See S.I. 1982/846 (N.I. 11) Article 3

[^f00002]: S.I. 1979/925 (N.I. 9); relevant amending legislation is S.I. 1985/1209 (N.I. 16) Article 22, S.I. 1986/1888 (N.I. 18) Schedule 3, paragraph 17 and 1992 c. 9 Schedule 2, paragraph 22

[^f00003]: S.R. 1988 No. 242 as amended by S.R. 1989 No. 240, S.R. 1991 No. 120, S.R. 1992 No. 213, S.R. 1993 No. 325, S.R. 1995 No. 338, S.R. 1996 No. 485 and S.R. 1997 No. 409