The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2025
The 2025 Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations increase lump sum payments under the 1988 Regulations.
These amendments, effective April 1st, 2025, raise the amounts payable to individuals disabled by pneumoconiosis, mesothelioma, or related diseases, or their dependents.
The increases are approximately 1.7%, rounded to the nearest pound, applying only to cases where entitlement is established on or after the effective date.
The regulations were approved by both Houses of Parliament.
Arguments For
Intended Benefit: Increase the financial support provided to individuals disabled by pneumoconiosis and other related diseases, and their dependents, to account for inflation and cost of living changes.
Evidence Cited: The regulations cite the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 as the legal basis for the amendments and implicitly reference underlying economic data (inflation) justifying the increase in payment amounts.
Implementation Methods: The increase is implemented by amending specific monetary values within the 1988 Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations using a straightforward substitution method.
Legal/Historical Basis: The amendments are made under the authority of sections 1(1), (2) and (4) and 7(1) and (2) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, following parliamentary approval as per section 7(3).
Arguments Against
Potential Impacts: The increased payments may lead to increased financial burden on the government's welfare budget.
Implementation Challenges: No significant implementation challenges are foreseen, as indicated by the lack of a full impact assessment.
Alternative Approaches: Alternative approaches might include adjusting the benefit payment method rather than making direct monetary adjustments to the existing scheme. Other approaches may look at other compensatory measures.
Unintended Effects: Whilst not foreseen, potential unintended effects may include increased demand on the claims system or unforeseen administrative complexities.
- Citation, commencement, application and extent (1) These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2025 and come into force on 1st April 2025. (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 1st April 2025. (3) These Regulations extend to England and Wales and Scotland.
Section 1 establishes the title, effective date (April 1st, 2025), and geographical scope (England, Wales, and Scotland) of the regulations.
It specifies that the amendments apply only to claims arising on or after that date.
- Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (1) The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 are amended as follows. (2) In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma) for “£4,024” substitute “£4,092”. (3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for “£8,324” (in both places) substitute “£8,466”. (4) In regulation 8 (minimum amount payable to dependant) for “£4,024” substitute “£4,092”. (5) In the Schedule— (a) in the part headed “TABLE 1”, for the table substitute—[table] (b) in the part headed “TABLE 2”, for the table (together with the headings to the table) substitute—[table]
Section 2 details the specific amendments to the 1988 regulations.
It increases several monetary amounts within the regulations.
The amendments affect payments for death resulting from diffuse mesothelioma, pneumoconiosis accompanied by tuberculosis, and minimum amounts payable to dependants.
It also replaces the tables in Schedule 1 and Schedule 2 with updated tables containing revised monetary values.
Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State Department for Work and Pensions 12th March 2025
This section provides the signature and authentication details confirming the regulations' official adoption.
It's signed by the Minister of State for the Department for Work and Pensions on March 12th, 2025.
Explanatory Note (This note is not part of the Regulations) 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. 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 have the effect of increasing the amounts payable under the 1988 Regulations. The increase in each case is 1.7 per cent rounded up or down to the nearest £1 as appropriate. 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 1st April 2025. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note clarifies that the regulations amend existing legislation to increase compensation payments.
The 1.7% increase reflects an inflationary adjustment to the payment amounts.
It emphasizes that the changes only pertain to claims initiated on or after April 1st, 2025.
The note also states that no significant impact assessment was considered necessary due to the lack of anticipated effect on various economic sectors.