The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026

Published: Fri 30th Oct 26

Adjusted industrial disease compensation rates for dependants and updated administrative procedures for claims involving deceased persons.

These Regulations amend the 1988 Regulations governing lump sum compensation for workers suffering from specific industrial lung diseases and their dependants.

The instrument aligns the payment rates for dependants with those of disabled sufferers, removes supplementary top-up payments for specific conditions like mesothelioma, and replaces references to abolished medical boards with modern medical practitioners.

It applies to the Secretary of State for Work and Pensions and affects claimants in England, Wales, and Scotland who become eligible for payments on or after 31 October 2026.

Arguments For

The explanatory note states that the regulations remove references to defunct assessment boards, such as the Pneumoconiosis Medical Board, to reflect current administrative structures.
The document specifies that the amendments align the rates of pay for dependants with the rates for sufferers, creating a uniform payment schedule.
Proponents may argue that the insertion of Regulation 7A provides legal clarity by explicitly requiring payments to be made to personal representatives if a claimant dies before receiving funds.
The regulations establish a clear "relevant date" for calculating awards based on the date the claim was received or the date of death, which the government asserts improves administrative certainty.

Arguments Against

Legal observers may note that the omission of regulation 8 removes the minimum amount previously guaranteed to dependants, potentially reducing the floor for certain claims.
The removal of "top-up awards" through the omission of regulations 5 and 6 (concerning diffuse mesothelioma and pneumoconiosis accompanied by tuberculosis) may be viewed by advocacy groups as a reduction in targeted financial support for specific conditions.
Affected parties might identify implementation difficulties regarding the new requirement for personal representatives to provide formal probate or letters of administration, which could delay payments to grieving families.
The restriction of these new rules only to those who first fulfill entitlement conditions on or after 31 October 2026 creates a dual system for claimants based solely on their application date.

1.—(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.

This section establishes the official name of the regulations and sets the commencement date as 31 October 2026.

The new rules apply only to individuals who meet the eligibility criteria for a compensation payment on or after this start date.

The legal authority of these regulations covers England, Wales, and Scotland.

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 are amended as follows.

This provision identifies the primary legislation, the 1988 Regulations, that is being modified by this instrument.

It serves as the legal bridge connecting the new amendments to the existing regulatory framework for workers' compensation.

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).

This section updates the definitions used within the compensation scheme to align with modern social security law.

It clarifies that 'determinations' are made by the Secretary of State and 'percentage assessments' refer to disability ratings calculated under the Social Security Contributions and Benefits Act 1992.

Sub-paragraph (j), which previously defined defunct medical boards, is removed.

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).

This amendment simplifies the payment structure for disabled claimants by consolidating references into a single table.

By omitting paragraphs 2 and 4, the regulation removes specific calculation rules that are no longer applicable under the revised unified schedule.

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).

This section changes how payments for dependants of deceased workers are calculated, directing them to use the same main schedule table as living claimants.

It also removes references to historical medical boards, replacing them with modern medical practitioners appointed by the Secretary of State.

Several paragraphs are omitted to streamline the dependant payment process.

Omit-

(a) regulation 5 (payment where death results from diffuse mesothelioma);
(b) regulation 6 (payment where pneumoconiosis is accompanied by tuberculosis).

This provision repeals specific regulations that previously provided distinct or additional payments for mesothelioma or pneumoconiosis when combined with tuberculosis.

These conditions will no longer be subject to these separate payment rules under the new system.

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".

This section updates the cross-references within the Secretary of State's discretionary powers to determine payment amounts.

It ensures that the power to decide a payment refers to the correct new paragraphs in the Schedule.

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."

This new regulation mandates that if a claimant dies after submitting a claim but before receiving payment, the funds must be paid to their estate's representatives.

To receive the payment, representatives must provide legal proof of their authority, such as a grant of probate or letters of administration.

Omit regulation 8 (minimum amount payable to dependant).

This provision removes the requirement for a minimum guaranteed payment to be made to a dependant.

All dependant payments will now be determined strictly by the rates set out in the Schedule without a mandatory lower limit.

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".

This section reorganizes the payment tables and clarifies how a claimant's age is determined for calculating their award.

For living claimants, the age is recorded as of the date the claim was received; for dependants, it is the age of the deceased at the time of death.

The regulation also eliminates the second payment table (Table 2), consolidating all claims under a single updated schedule.

View Source

Economy Environment Infrastructure Local Government Transport

The Transport Infrastructure (Fees) Regulations 2026

Fri 30th Oct 26

Authorized public authorities to charge cost-recovery fees for services related to highways, railways, and tramway infrastructure applications starting 20 November 2026.

Benefits and Welfare Economy Energy

Warm Home Discount Scheme: 2026 Correction Notice

Thu 29th Oct 26

Corrected typographical errors and shifted the commencement date of the Warm Home Discount reconciliation rules to 28 September 2026.

Benefits and Welfare Devolution Local Government

The English Devolution and Community Empowerment Act 2026 (Consequential Amendments) Regulations 2026

Thu 29th Oct 26

Added the Local Audit Office to the Local Government Pension Scheme and designated Wolverhampton City Council as the administering authority for its employees.

Economy Finance Housing

The Individual Savings Account (Amendment) (No. 3) Regulations 2026

Wed 28th Oct 26

Reduced the Lifetime ISA withdrawal charge to 20% for first-time home purchases exceeding the price cap and established refund procedures for failed completions.