The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003

• Citation: S.I. 2003/270
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003 and shall come into force on 17th March 2003.

(2) In these Regulations “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .

Section 2 Amendment of regulation 4 of the principal Regulations

(1) In regulation 4(1) of the principal Regulations (presumption that a disease is due to the nature of employment), after “B5,” there shall be inserted “C1, C2, C4, C5A, C5B, C6, C7, C12, C13, C16, C19, C20, C21, C22, C23, C25, C26, C27, C29, C30,”.

(2) After regulation 4(6) of the principal Regulations there shall be added the following paragraph—

(7) Where a person in relation to whom primary neoplasm of the epithelial lining of the urinary tract is prescribed in paragraph C23 of Part I of Schedule 1 in respect of the occupation set out in sub-paragraph (a), (b) or (e) in the second column of the entry relating to the disease numbered C23, develops that disease, it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if he was employed in one of those occupations on, or at any time within one month immediately preceding, the date on which, under the subsequent provisions of these Regulations, he is treated as having developed the disease.

Section 3 Amendment of regulation 7 of the principal Regulations

In regulation 7(1)(b) of the principal Regulations (recrudescence) “in the manner provided in Part IX of the Adjudication Regulations” shall be omitted.

Section 4 Amendment of regulation 8 of the principal Regulations

In regulation 8(1) of the principal Regulations (workmen’s compensation cases) “in the manner provided in Part IX of the Adjudication Regulations” shall be omitted.

Section 5 Amendment of Schedule 1 to the principal Regulations

(1) Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) shall be amended in accordance with the provisions of this regulation.

(2) The entries relating to prescribed diseases C8, C9, C10, C11, C14, C15 and C28 (conditions due to chemical agents) shall be omitted.

(3) In the entry relating to prescribed disease C1 for the entry in the first column there shall be substituted—

(C1)

(a) Anaemia with a haemoglobin concentration of 9g/dL or less, and a blood film showing punctate basophilia;

(b) peripheral neuropathy;

(c) central nervous system toxicity.

(4) In the entry relating to prescribed disease C2 for the entry in the first column there shall be substituted—

(C2) Central nervous system toxicity characterised by parkinsonism.

(5) For the entry relating to prescribed disease C4 there shall be substituted—

(6) For the entry relating to prescribed disease C5 there shall be substituted—

(7) For the entry relating to prescribed disease C6 there shall be substituted—

(8) For the entry relating to prescribed disease C7 there shall be substituted—

(9) For the entry relating to prescribed disease C12 there shall be substituted—

(a) Peripheral neuropathy;

(b) central nervous system toxicity.

(10) For the entry relating to prescribed disease C13 there shall be substituted—

(11) For the entry relating to prescribed disease C16 there shall be substituted—

(a) Neurotoxicity;

(b) cardiotoxicity.

(12) For the entry relating to prescribed disease C17 there shall be substituted—

(13) For the entry relating to prescribed disease C18 there shall be substituted—

(14) For the entry relating to prescribed disease C19 there shall be substituted—

(a) Peripheral neuropathy;

(b) central nervous system toxicity.

(15) In the entry relating to prescribed disease C20 for the entry in the second column there shall be substituted—

(16) For the entry relating to prescribed disease C21 there shall be substituted—

(17) For the entry relating to prescribed disease C22 there shall be substituted—

(a) Primary carcinoma of the mucous membrane of the nose or paranasal sinuses;

(b) primary carcinoma of the bronchus or lung.

(18) For the entry relating to prescribed disease C23 there shall be substituted—

(a) The manufacture of 1-naphthylamine, 2-naphthylamine, benzidine, auramine, magenta or 4-aminobiphenyl (also called biphenyl-4-ylamine);

(b) work in the process of manufacturing methylene-bis-orthochloroaniline (also called MbOCA) for a period of, or periods which amount in aggregate to, 12 months or more;

(c) exposure to 2-naphthylamine, benzidine, 4-aminobiphenyl (also called biphenyl-4-ylamine) or salts of those compounds otherwise than in the manufacture of those compounds;

(d) exposure to orthotoluidine, 4-chloro-2-methylaniline or salts of those compounds; or

(e) exposure for a period of, or periods which amount in aggregate to, 5 years or more, to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say, the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ ).

(19) For the entry relating to prescribed disease C24 there shall be substituted—

(a) Angiosarcoma of the liver;

(b) acro-osteolysis characterised by

(i) lytic destruction of the terminal phalanges,

(ii) in Raynaud’s phenomenon, the exaggerated vasomotor response to cold causing intense blanching of the digits, and

(iii) sclerodermatous thickening of the skin;

(c) liver fibrosis.

(20) For the entry relating to prescribed disease C25 there shall be substituted—

(21) For the entry relating to prescribed disease C26 there shall be substituted—

(a) Liver toxicity;

(b) kidney toxicity.

(22) For the entry relating to prescribed disease C27 there shall be substituted—

(23) For the entry relating to prescribed disease C29 there shall be substituted—

(24) For the entry relating to prescribed disease C30 there shall be substituted

(a) Dermatitis;

(b) ulceration of the mucous membrane or the epidermis.

Section 6 Transitional provision

(1) Regulations 2 and 5 shall not apply—

(a) to a period of assessment which relates to a claim which is made before the commencement date;

(b) to a period of assessment which relates to a claim which is made within 3 months after the commencement date in respect of a period which began before the commencement date; or

(c) where a person suffers from an attack of a disease and under regulation 7 of the principal Regulations (recrudescence) the attack is a recrudescence of a disease for which a claim was made before the commencement date (or within 3 months after the commencement date in respect of a period which began before the commencement date).

(2) For the purposes of this regulation—

(a) “commencement date” means the date on which these Regulations come into force;

(b) the date on which a claim is made is the date on which the claim is made or treated as made in accordance with the Social Security (Claims and Payments) Regulations 1987 ; and

(c) a period of assessment which begins on the day following the end of a preceding period of assessment, shall be treated as a continuation of the preceding period of assessment.