The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006

• Citation: S.I. 2006/586
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006 and shall come into force on 6th April 2006.

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

Section 2 Amendment of the principal Regulations

(1) In regulation 1(2) of the principal Regulations (interpretation) , in the definition of “primary carcinoma of the lung” after “D8” there shall be inserted “, D8A”.

(2) After regulation 20A of the principal Regulations (diffuse mesothelioma – prescribed loss of faculty) there shall be inserted—

Asbestos-related primary carcinoma of the lung – special conditions and prescribed loss of faculty

(20B)

(1) This regulation shall apply to a claim for disablement pension made in respect of the diseases prescribed in paragraphs D8 and D8A of Part I of Schedule 1.

(2) On a claim to which this regulation applies—

(a) section 103(6) of the Social Security Contributions and Benefits Act 1992 (entitlement after expiry of 90 days) shall apply as if for the words “after the expiry of the period of 90 days (disregarding Sundays) beginning with the day of the relevant accident” there were substituted the words “the day on which he first suffers from a loss of faculty due to primary carcinoma of the lung”; and

(b) paragraph 6(1) of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (period to be taken into account by an assessment) shall apply as if the words “beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and” were omitted.

(3) On a claim to which this regulation applies, the loss of faculty prescribed for the purposes of sub-paragraph (d) of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (assessment of extent of disablement) is lung impairment caused by primary carcinoma of the lung.

Section 3 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 as follows.

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

(a) Angiosarcoma of the liver; or

(b) osteolysis of the terminal phalanges of the fingers; or

(c) sclerodermatous thickening of the skin of the hand; or

(d) liver fibrosis,

due to exposure to vinyl chloride monomer.

(3) For the entry relating to prescribed disease D8 there shall be substituted—

(a) The working or handling of asbestos or any admixture of asbestos; or

(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

(c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or

(d) substantial exposure to the dust arising from any of the foregoing operations.

Exposure to asbestos in the course of—

the manufacture of asbestos textiles; or

spraying asbestos; or

asbestos insulation work; or

applying or removing materials containing asbestos in the course of shipbuilding,

where all or any of the exposure occurs before 1st January 1975, for a period of, or periods which amount in aggregate to, five years or more, or otherwise, for a period of, or periods which amount in aggregate to, ten years or more.

(4) For the entry in the first column of the entry relating to prescribed disease D9 there shall be substituted—

D9. Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.

Section 4 Transitional provision

Regulation 3(2) and (4) shall not apply to a period of assessment which relates to a claim which is made before the date on which these Regulations come into force.