The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2015

Made: 17th February 2015

Affirmed by resolution of the Assembly on: 23rd March 2015

Coming into operation in accordance with regulation 1(1)

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(3), 4(3) and 11(1) and (4) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979[^f00001] and now vested in it[^f00002].

Citation, commencement and application

1

• (1) These Regulations may be cited as the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015 or the day after they are affirmed by resolution of the Assembly if later.

• (2) These Regulations apply only in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 on or after the day on which these Regulations come into operation.

Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations

2

• (1) The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988[^f00003] are amended in accordance with paragraphs (2) to (4).

• (2) In regulations 5(2) and 7 (minimum amounts payable to dependant) for “£3,015” substitute “£3,051”.

• (3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£6,237”, in both places, substitute “£6,312”.

• (4) For the Schedule substitute the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Sealed with the Official Seal of the Department for Social Development on 17th February 2015

Andrew M. Hamilton — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 before they died.

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.

These Regulations amend the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to increase amounts payable under the Order. The increase in each case is 1.2 per cent., rounded up or down to the nearest £1 as appropriate.

Footnotes

[^f00001]: S.I. 1979/925 (N.I. 9); Articles 3 and 4 were amended by Article 22(a) and (b) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and paragraph 17(2) to (4) of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 3 was amended by section 52(3) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[^f00002]: See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) and Article 3 of S.R. 2006 No. 192

[^f00003]: S.R. 1988 No. 242; relevant amending Regulations are S.R. 2008 No. 352 and S.R. 2014 No. 62

[^f00004]: 1992 c. 7