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In force since 2026-10-31, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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11 provisions
Title and introductory text
2026 No. 1146
SOCIAL SECURITY
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026
Made
30th October 2026
Coming into force
31st October 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), (2) and (4), and 7(1) and (2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (“the 1979 Act”).
In accordance with section 7(3) of the 1979 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Propose a change1 Citation, commencement, application and extent
(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 and come into force on 31st October 2026.
(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 31st October 2026.
(3) These Regulations extend to England and Wales and Scotland.
Propose a change2 Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 are amended as follows.
Propose a change3 Amendment to regulation 2
In regulation 2(1) (interpretation)—
(a) for sub-paragraph (e) substitute—
(e) “determination” means a determination made by the Secretary of State in connection with a claim for disablement benefit;
;
(b) for sub-paragraph (h) substitute—
(h) “percentage assessment” means percentage disability assessed in respect of a disease for the purpose of determining entitlement to disablement benefit under section 108 of the Social Security Contributions and Benefits Act 1992 or under any corresponding provision of the former Industrial Injuries Acts;
;
(c) omit sub-paragraph (j).
Propose a change4 Amendment to regulation 3
In regulation 3 (payments to persons disabled by a disease)—
(a) in paragraph (1), for “Table 1 of” substitute “the table in”;
(b) omit paragraphs (2) and (4).
Propose a change5 Amendment to regulation 4
In regulation 4 (payments to dependants of persons disabled by a disease)—
(a) in paragraph (1), for the words “by ascertaining the amount” to the end, substitute “in accordance with the table in the Schedule”;
(b) omit paragraphs (2) to (5);
(c) in paragraph (6)—
(i) in sub-paragraph (a), in the words before paragraph (i), for “Table 2 of” substitute “the table in”;
(ii) in sub-paragraph (b)—
(aa) for “Part A of Table 2” substitute “the table in the Schedule”;
(bb) for “Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board” substitute “medical practitioner appointed to act on behalf of the Secretary of State”;
(d) omit paragraph (7).
Propose a change6 Omission of regulations 5 and 6
Omit—
(a) regulation 5 (payment where death results from diffuse mesothelioma);
(b) regulation 6 (payment where pneumoconiosis is accompanied by tuberculosis).
Propose a change7 Amendment to regulation 7
In regulation 7 (power of Secretary of State to determine amount of payment)—
(a) in the words before paragraph (a), for “regulation 3” substitute “paragraph 3(1) of the Schedule”;
(b) in paragraph (a), for “regulation 3” substitute “paragraph 3(1) of the Schedule”.
Propose a change8 Insertion of regulation 7A
After regulation 7, insert—
Payment to personal representatives
7A (1) Where—
(a) a claim is made, and
(b) the person making the claim dies before payment is made,
payment must be made to the person’s personal representatives, subject to the condition in paragraph (2) having been met.
(2) The condition is that any document that is by law sufficient evidence of the grant of—
(a) probate of the will of the person,
(b) letters of administration of the estate of the person, or
(c) confirmation as executor of the person,
has been provided to the Secretary of State.
.
Propose a change9 Omission of regulation 8
Omit regulation 8 (minimum amount payable to dependant).
Propose a change10 Amendment to the Schedule
In the Schedule—
(a) in the shoulder note, for “Regulations 3, 4 and 6”, substitute “Regulations 3 and 4”;
(b) in the part headed “Table 1”—
(i) in the heading, for “Table 1” substitute “Table”;
(ii) in paragraph 1—
(aa) omit “or regulation 6”;
(bb) for “regulation 4(1)” substitute “regulation 4”;
(iii) omit paragraph 2;
(iv) in paragraph 3—
(aa) for sub-paragraph (1), substitute—
(1) In the first column of the table, “age of disabled person” means—
(a) in relation to the determination of a payment to a disabled person under regulation 3, the person’s age on the date that the claim was received by the Secretary of State;
(b) in relation to the determination of a payment to a dependant of a deceased sufferer under regulation 4, the age of the deceased sufferer at their date of death.
(1A) The applicable payment rate is the rate that is in force on the date specified in sub-paragraph (1)(a) or (b), as appropriate.
;
(bb) omit sub-paragraph (2);
(v) omit paragraph 4;
(vi) in the table, in the shared heading to columns 2 to 11, omit “for the relevant period”;
(vii) omit the part headed “Table 2”.
Propose a change