
1 

(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 and shall come into force on 11th April 1988 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.
(2) Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985 are revoked.
(3) Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first satisfies the conditions of entitlement to a payment under the Act before 11th April 1988.
2 

(1) In these Regulations unless the context otherwise requires:—
(a) “the Act” means the Pneumoconiosis etc. (Workers' Compensation) Act 1979;
(b) “the appropriate percentage” means, in the case of any disease, the percentage specified in section 57(1) of the Social Security Act 1975 or, if Regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the Regulations;
(c) “the appropriate period” means, in the case of any disease, the period specified in section 57(4) of the 1975 Act or, if Regulations have been made under section 77 of that Act specifying a different period in relation to that disease, the period specified in the Regulations;
(d) “claim” means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1985;
(e) “determination” as respects a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), a Silicosis Medical Board or a Medical Appeal Tribunal means a determination in connection with a claim for disablement benefit;
(f) “disease” means a disease to which the Act applies, namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung and bilateral diffuse pleural thickening;
(g) “extent of incapacity” means extent of incapacity, either “total” or “partial”, assessed by a Silicosis Medical Board for the purposes of determining entitlement to an allowance under a scheme made, or having effect as if made, under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 or under any corresponding provision of the former Old Cases Acts;
(h) “percentage assessment” means percentage disability assessed in respect of a disease by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, for the purpose of determining entitlement to disablement benefit under section 76 of the Social Security Act 1975 or under any corresponding provision of the former Industrial Injuries Acts;
(i) “primary carcinoma of the lung” means primary carcinoma of the lung where there is accompanying evidence of one or both of the following:—
(i) asbestosis
(ii) bilateral diffuse pleural thickening;
(j) “Secretary of State” means the Secretary of State for Employment.
(2) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.
3 

(1) The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with Table 1 of the Schedule.
(2) For the purpose of a determination as respects Part A of Table 1 of the Schedule the age of the person concerned and the percentage assessment shall be related to the first determination that he was suffering from the disease in the following manner—
(a) in any case where the said determination was a determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which that determination was made, and the percentage assessment shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination by that Board;
(b) in any case where the said determination was a determination of a Medical Appeal Tribunal, the age of that person shall be his age at his last birthday preceding the first day of the month in which his case was last considered by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), (being at a time prior to the aforesaid determination of a Medical Appeal Tribunal) and the percentage assessment shall be that which is applicable for the period immediately following the date of that last consideration by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be).
(3) For the purpose of a determination as respects Part B of Table 1 of the Schedule the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month of the first determination of a Silicosis Medical Board that he was suffering from the disease, or in the case of diffuse mesothelioma, the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which the Administrative Board (established for the purposes of the Industrial Injuries and Diseases (Old Cases) Act 1975 or any of the former Old Cases Acts) or an insurance officer, or an adjudication officer, as the case may be, first awarded disablement benefit in respect of the disease: and the extent of incapacity shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination or the award of disablement benefit, as the case may be.
(4) In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the provisions of this regulation shall apply subject to the provisions of regulation 6.
4 

(1) The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, or would have been payable but for his disablement amounting to less than the appropriate percentage, being the dependant entitled to a payment under the Act, shall be determined by ascertaining the amount which would have been payable to the deceased in accordance with regulation 3 had he still been alive and had duly made a claim for payment under the Act, deducting from that amount the sum which would have been payable to the deceased if his age at his last birthday preceding his death were substituted for the age used in ascertaining the said amount in accordance with the said regulation 3.
(2) Where the Secretary of State is satisfied that the deceased died as a result of the disease, there shall be added to the amount calculated in accordance with paragraph (1) of this regulation a further amount determined in accordance with Table 2 of the Schedule and the age of the deceased for this purpose shall be his age at his last birthday preceding his death. In the case of a disease other than diffuse mesothelioma, the percentage disablement or extent of incapacity, as the case may be, shall be the same as that used in determining the amount payable under the provisions of regulation 3.
(3) For the purpose of determining whether a payment should be made under the provisions of paragraph (2) of this regulation, it shall be sufficient evidence that the deceased died as a result of the disease if death benefit is payable or was paid as a lump sum by reason of the deceased’s death as a result of the disease.
(4) It shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence that a claim for death benefit has been disallowed on the ground that the deceased did not die as a result of the disease.
(5) Where no claim for death benefit has been made, it shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence available that in the opinion of two doctors of the pneumoconiosis medical panel or Medical Boarding Centre (Respiratory Diseases), as the case may be, the deceased did not die as a result of the disease.
(6) 
(a) A dependant of a person to whom disablement benefit in respect of a disease was not payable immediately before he died, being the dependant entitled to a payment under the Act, shall be paid an amount determined in accordance with Table 2 of the Schedule if:—
(i) death benefit is payable to or in respect of the said dependant, or
(ii) disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed benefit, or but for his having died before he had suffered from the disease for the appropriate period.
(b) The relevant percentage assessment or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table, shall be that determined by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board in respect of the period immediately prior to the deceased’s death or if no such determination was made the said relevant percentage assessment or extent of incapacity shall be taken as 10 per cent. or “partial” respectively: and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.
(7) As respects any claim made by the dependant of a deceased person where that person has died as a result of diffuse mesothelioma, the provisions of this regulation shall apply subject to the provisions of regulation 5.
5 

(1) In any case where the Secretary of State is satisfied, as respects a claim by a dependant of a deceased person who died on or after 22nd August 1966 (the said dependant being the dependant who is entitled to a payment under the Act), that the said deceased person died as a result of diffuse mesothelioma the amount of the payment to that dependant shall be:—
(a) the amount payable in accordance with regulation 4 in respect of diffuse mesothelioma if—
(i) disablement benefit was payable to the deceased immediately before he died solely in respect of diffuse mesothelioma, or
(ii) death benefit is payable to or in respect of the said dependant where disablement benefit in respect of a disease was not payable to the deceased immediately before he died, or
(iii) disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed the benefit or but for his having died before he had suffered from the disease for the appropriate period;
(b) if disablement benefit was payable to the deceased immediately before he died solely in respect of pneumoconiosis, either—
(i) the total amount payable in accordance with regulation 4 in a case where the deceased’s death resulted from pneumoconiosis or, if greater—
(ii) the amount payable in accordance with regulation 4(6) in respect of the deceased’s death as a result of diffuse mesothelioma;
(c) if disablement benefit was payable to the deceased immediately before he died in respect of both pneumoconiosis and diffuse mesothelioma or would have been payable to him but for the circumstances specified in (a)(iii) above, either the amount payable in accordance with paragraph (a) of this regulation or that payable in accordance with paragraph (b)(i), whichever amount is the greater.
Provided that in any case the amount payable to a dependant under this regulation shall be at least £1,263 more than the amount which would have been payable to him if he had been entitled to a payment calculated in accordance with regulation 4(6).
(2) In the case of any amount payable in accordance with this regulation to the dependant of a deceased person the Secretary of State shall deduct from any such amount a sum equal to any payment made under the provisions of the Act to the said deceased person prior to death, save that any amount so payable after any such deduction shall not, in any event, be less than the minimum payment prescribed in regulation 8.
6 

(1) In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the amount payable to any such disabled person under the provisions of the Act shall be determined by adding together—
(a) the sum of £2,613, if the percentage assessment applicable for the period immediately following the date relevant for the purposes of regulation 3(2) was one hundred per cent. or if less than one hundred per cent. that percentage of £2,613, in respect of the year beginning on that date (that is to say the date relevant for the purpose of regulation 3(2)), and in respect of each successive year beginning on the anniversary of that date on the first day of which the said disabled person was, or appears to the Secretary of State to have been, suffering from pneumoconiosis accompanied by active tuberculosis, and
(b) a lump sum determined in accordance with Part A of Table 1 of the Schedule, taking, for this purpose, the age of the disabled person as his age at his last birthday prior to the end of the last year to which paragraph (1)(a) of this regulation applies, and taking also for this purpose the percentage assessment as that applicable for the period immediately following the end of the period during which the said disabled person was suffering from pneumoconiosis accompanied by active tuberculosis.
(2) The amount payable to a dependant of any disabled person who, had he been alive, would have been entitled to a payment determined in accordance with paragraph (1) of this regulation, being the dependant entitled to a payment under the Act, shall be determined in accordance with regulation 4, save that the amount which would have been payable to the deceased in accordance with paragraph (1) of this regulation shall be substituted for the amount which would have been payable to him in accordance with regulation 3 with the percentage disablement taken for the purpose of determining the sum to be deducted under regulation 4(1) from the aforesaid amount being the percentage disablement used for the purpose of determining the lump sum under paragraph (1)(b) of this regulation.
(3) In any case to which the provisions of this regulation apply and where it appears to the Secretary of State that tuberculosis either remains active at the time a claim is made under the provisions of the Act, or remained active until the time when the disabled person died, the amount of the payment shall be determined as if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.
(4) No payment made in accordance with this regulation shall exceed the amount which would have been payable if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.
7 
In the case of a claim by any person who appears to the Secretary of State to be entitled to a payment under the Act but in respect of whose claim the Secretary of State is unable to determine affirmatively or accurately, to his satisfaction, the amount which should properly be paid to that person in accordance with these Regulations (whether because the date relevant for the purposes of regulation 3 is unknown or uncertain or for some other reason), payment shall nevertheless be made to that person of whatever amount, in any particular case, appears to the Secretary of State to be just and equitable:
Provided that in the case of any such payment—
(a) where the date relevant for the purposes of regulation 3 is unknown or uncertain, the date to be taken as the relevant date shall be the latest date which, on the evidence available, could have been the relevant date;
(b) where the relevant percentage disablement is unknown or uncertain this shall be taken as the lowest percentage on the evidence available which could have been the relevant percentage disablement;
(c) where the relevant extent of incapacity is unknown or uncertain this shall be taken to be “partial”.
8 
In any case where entitlement to payment under the Act has been established by the dependant of any person who immediately before he died was disabled by a disease and the amount of any payment to the said dependant under the foregoing provisions of these Regulations is less than the sum of £1,263 the amount actually payable to that dependant shall, in no such case, be less than that sum.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
30th March 1988
SCHEDULE
Regulations 3, 4, 5 and 6
TABLE 1
(1) Table 1 is for the determination of payments to disabled persons under regulation 3 (or regulation 6), and for the determination of payments to dependants of deceased sufferers under regulation 4(1).
(2) The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.
(3) The age to be taken for the purpose of determining the amount payable to a disabled person is his age on the date specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis) his age on the date specified in paragraph (1) of that regulation. With a view to determining the amount payable to a dependant of a disabled person under regulation 4(1), the age to be taken for the purpose of calculating the sum to be deducted from the amount which would have been payable to the disabled person had he still been alive is the age of the deceased at his last birthday preceding his death.
PART A

Age of disabled person Percentage assessment for the relevant period
 10% or less 11—20% 21—30% 40% 50% 60% 70% 80% 90% 100%
 £ £ £ £ £ £ £ £ £ £
37 and under 14,630 26,126 30,653 31,525 32,396 33,091 33,789 34,486 35,182 35,879
38 14,212 25,081 29,731 30,794 31,698 32,396 33,091 33,789 34,486 35,182
39 13,794 24,035 28,808 30,061 31,003 31,698 32,396 33,091 33,789 34,486
40 13,377 22,990 27,885 29,330 30,305 31,003 31,698 32,396 33,091 33,789
41 12,958 21,945 26,961 28,597 29,610 30,305 31,003 31,698 32,396 33,091
42 12,539 20,900 26,039 27,867 28,912 29,610 30,305 31,003 31,698 32,396
43 11,913 19,681 25,114 27,311 28,425 29,260 29,957 30,653 31,350 32,048
44 11,286 18,461 24,192 26,752 27,937 28,912 29,610 30,305 31,003 31,698
45 10,659 17,243 23,269 26,195 27,449 28,564 29,260 29,957 30,653 31,350
46 10,032 16,023 22,346 25,637 26,961 28,215 28,912 29,610 30,305 31,003
47 9,406 14,805 21,422 25,081 26,474 27,867 28,564 29,260 29,957 30,653
48 8,864 14,315 20,692 23,965 25,637 26,892 27,588 28,285 28,981 29,679
49 8,325 13,829 19,960 22,850 24,802 25,916 26,613 27,311 28,007 28,704
50 7,786 13,341 19,228 21,737 23,965 24,941 25,637 26,334 27,031 27,727
51 7,246 12,854 18,496 20,622 23,130 23,965 24,662 25,359 26,056 26,752
52 6,705 12,366 17,766 19,507 22,293 22,990 23,688 24,383 25,081 25,776
53 6,200 11,496 16,650 18,532 21,457 22,293 22,990 23,688 24,383 25,081
54 5,695 10,624 15,535 17,557 20,622 21,597 22,293 22,990 23,688 24,383
55 5,191 9,753 14,422 16,581 19,785 20,900 21,597 22,293 22,990 23,688
56 4,685 8,883 13,306 15,606 18,951 20,204 20,900 21,597 22,293 22,990
57 4,179 8,012 12,192 14,630 18,114 19,507 20,204 20,900 21,597 22,293
58 3,850 7,281 10,887 13,132 16,301 17,591 18,340 19,072 19,785 20,482
59 3,518 6,548 9,578 11,636 14,490 15,675 16,476 17,243 17,974 18,670
60 3,188 5,817 8,273 10,136 12,680 13,760 14,612 15,415 16,163 16,860
61 2,856 5,085 6,967 8,639 10,868 11,844 12,749 13,585 14,352 15,048
62 2,526 4,354 5,660 7,140 9,058 9,928 10,887 11,757 12,539 13,237
63 2,351 3,936 5,085 6,384 8,056 8,917 9,824 10,659 11,425 12,122
64 2,179 3,518 4,510 5,626 7,055 7,907 8,761 9,562 10,311 11,007
65 2,004 3,101 3,936 4,868 6,052 6,897 7,698 8,465 9,196 9,893
66 1,829 2,683 3,361 4,110 5,052 5,887 6,636 7,367 8,082 8,778
67 1,656 2,263 2,786 3,353 4,050 4,877 5,574 6,270 6,967 7,663
68 1,611 2,194 2,691 3,213 3,910 4,685 5,356 6,078 6,749 7,437
69 1,568 2,124 2,595 3,075 3,771 4,494 5,139 5,887 6,533 7,210
70 1,523 2,055 2,499 2,935 3,631 4,302 4,920 5,695 6,314 6,985
71 1,481 1,986 2,404 2,795 3,492 4,110 4,702 5,504 6,097 6,758
72 1,438 1,916 2,308 2,657 3,353 3,919 4,484 5,312 5,877 6,533
73 1,402 1,882 2,273 2,604 3,301 3,831 4,398 5,173 5,704 6,340
74 1,367 1,846 2,238 2,552 3,250 3,744 4,311 5,033 5,530 6,149
75 1,333 1,812 2,204 2,499 3,195 3,658 4,224 4,894 5,356 5,956
76 1,298 1,776 2,168 2,447 3,143 3,572 4,137 4,756 5,181 5,766
77 and over 1,263 1,741 2,134 2,395 3,091 3,484 4,050 4,617 5,007 5,574
PART B

Age of disabled person Extent of incapacity for the relevant period
 Partial £ Total £
37 and under 26,126 35,879
38 25,081 35,182
39 24,035 34,486
40 22,990 33,789
41 21,945 33,091
42 20,900 32,396
43 19,681 32,048
44 18,461 31,698
45 17,243 31,350
46 16,023 31,003
47 14,805 30,653
48 14,315 29,679
49 13,829 28,704
50 13,341 27,727
51 12,854 26,752
52 12,366 25,776
53 11,496 25,081
54 10,624 24,383
55 9,753 23,688
56 8,883 22,990
57 8,012 22,293
58 7,281 20,482
59 6,548 18,670
60 5,817 16,860
61 5,085 15,048
62 4,354 13,237
63 3,936 12,122
64 3,518 11,007
65 3,101 9,893
66 2,683 8,778
67 2,263 7,663
68 2,194 7,437
69 2,124 7,210
70 2,055 6,985
71 1,986 6,758
72 1,916 6,533
73 1,882 6,340
74 1,846 6,149
75 1,812 5,956
76 1,776 5,766
77 and over 1,741 5,574
TABLE 2
(1) Table 2 is for the determination of additional payments to dependants of deceased sufferers who died as a result of the disease under regulation 4(2) or regulation 4(6).
(2) The relevant period is the period specified in regulation 3(2) or 3(3) or, in the case of a disabled person to whom regulation 6 applies (Payment where pneumoconiosis is accompanied by tuberculosis), the period specified in paragraph (1)(b) of that regulation.
PART A

Age of disabled person at his last birthday preceding death Percentage assessment for the relevant period
 10% or less 11%—20% 21%—30% 40% 50% and over
 £ £ £ £ £
37 and under 6,880 13,412 15,327 15,850 16,286
38 6,671 12,819 14,805 15,327 15,883
39 6,462 12,227 14,282 14,805 15,484
40 6,252 11,636 13,760 14,282 15,083
41 6,043 11,043 13,237 13,760 14,682
42 5,835 10,451 12,714 13,237 14,282
43 5,460 9,684 12,243 12,766 13,899
44 5,085 8,917 11,773 12,296 13,512
45 4,711 8,152 11,304 11,825 13,132
46 4,336 7,385 10,833 11,355 12,749
47 3,962 6,617 10,364 10,887 12,366
48 3,675 6,409 10,016 10,520 11,896
49 3,387 6,200 9,666 10,155 11,425
50 3,101 5,991 9,319 9,788 10,955
51 2,812 5,782 8,971 9,423 10,484
52 2,526 5,574 8,621 9,058 10,016
53 2,395 5,085 7,960 8,552 9,632
54 2,263 4,598 7,297 8,046 9,249
55 2,134 4,110 6,636 7,542 8,864
56 2,004 3,623 5,974 7,037 8,481
57 1,872 3,136 5,312 6,533 8,098
58 1,750 2,786 4,555 5,644 7,037
59 1,628 2,438 3,798 4,756 5,974
60 1,507 2,091 3,039 3,867 4,912
61 1,386 1,741 2,282 2,979 3,850
62 1,263 1,393 1,523 2,091 2,786
63 1,263 1,367 1,472 1,924 2,482
64 1,263 1,341 1,419 1,759 2,179
65 1,263 1,315 1,367 1,594 1,872
66 1,263 1,290 1,315 1,428 1,568
67 and over 1,263 1,263 1,263 1,263 1,263
PART B

Age of disabled person at his last birthday preceding death Extent of incapacity for the relevant period
 Partial £ Total £
37 and under 13,412 16,286
38 12,819 15,883
39 12,227 15,484
40 11,636 15,083
41 11,043 14,682
42 10,451 14,282
43 9,634 13,899
44 8,917 13,512
45 8,152 13,132
46 7,385 12,749
47 6,617 12,366
48 6,409 11,896
49 6,200 11,425
50 5,991 10,955
51 5,782 10,484
52 5,574 10,016
53 5,085 9,632
54 4,598 9,249
55 4,110 8,864
56 3,623 8,481
57 3,136 8,098
58 2,786 7,037
59 2,438 5,974
60 2,091 4,912
61 1,741 3,850
62 1,393 2,786
63 1,367 2,482
64 1,341 2,179
65 1,315 1,872
66 1,290 1,568
67 and over 1,263 1,263
PART C

Age of disabled person at his last birthday preceding death Payment
 £
37 and under 16,286
38 15,883
39 15,484
40 15,083
41 14,682
42 14,282
43 13,899
44 13,512
45 13,132
46 12,749
47 12,366
48 11,896
49 11,425
50 10,955
51 10,484
52 10,016
53 9,632
54 9,249
55 8,864
56 8,481
57 8,098
58 7,037
59 5,974
60 4,912
61 3,850
62 2,786
63 2,482
64 2,179
65 1,872
66 1,568
67 and over 1,263