The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006

• Citation: S.I. 2006/638
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006 and shall come into force on 6th April 2006.

(2) “The principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 .

Section 2 Insertion of article 4A in the principal Scheme

After article 4 of the principal Scheme, insert—

Cases in which disablement shall be regarded as being total

(4A) On any claim for benefit in respect of any disease set out in paragraph 5, 8 or 8A of Schedule 1 the disablement shall be regarded as being total.

Section 3 Amendment of Schedule 1 to the principal Scheme

In Schedule 1 to the principal Scheme (diseases and occupations to which in addition to pneumoconiosis and byssinosis, this scheme applies), for paragraph 8 substitute—

(8) Primary carcinoma of the lung where there is accompanying evidence of asbestosis.

(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.

(8A) Primary carcinoma of the lung.

Exposure to asbestos for a period of, or periods which amount in aggregate to, five years or more in the course of—

the manufacture of asbestos textiles; or

the manufacture of gas masks; or

spraying asbestos; or

asbestos insulation work; or

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

(8B) Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.

(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.