Statutory Rules of Northern Ireland
SOCIAL SECURITY
Made
27th August 2003
Coming into operation
22nd September 2003
The Department for Social Development, in exercise of the powers conferred by sections 108(2), 109(2) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Articles 10(1), 11(3) and 74(1) and (4) of the Social Security (Northern Ireland) Order 1998(2), and now vested in it(3), and of all other powers enabling it in that behalf, being satisfied of the matters referred to in section 108(2)(a) and (b) of that Act, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 2003 and shall come into operation on 22nd September 2003.
(2) The Interpretation Act 1978(4) shall apply to these Regulations as it applies to an Act of the United Kingdom Parliament.
2.—(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986(5) shall be amended in accordance with paragraphs (2) and (3) of this regulation.
(2) For regulation 27 (period to be covered by assessment of disablement in respect of occupational deafness) there shall be substituted the following regulation –
“27. Paragraph 6(1) and (2) of Schedule 6 to the Contributions and Benefits Act shall be modified so that in respect of occupational deafness, the period to be taken into account by an assessment of the extent of a claimant’s disablement shall be the remainder of the claimant’s life.”.
(3) In Part I of Schedule 1(6) (list of prescribed diseases and the occupations for which they are prescribed), in the entry relating to prescribed disease A10 for the entry in the second column (occupation) there shall be substituted –
“The use of, or work wholly or mainly in the immediate vicinity of the use of, a –
band saw, circular saw or cutting disc to cut metal in the metal founding or forging industries, circular saw to cut products in the manufacture of steel, powered (other than hand powered) grinding tool on metal (other than sheet metal or plate metal), pneumatic percussive tool on metal, pressurised air arc tool to gouge metal, burner or torch to cut or dress steel based products, skid transfer bank, knock out and shake out grid in a foundry, machine (other than a power press machine) to forge metal including a machine used to drop stamp metal by means of closed or open dies or drop hammers, machine to cut or shape or clean metal nails, or plasma spray gun to spray molten metal;
pneumatic percussive tool:– to drill rock in a quarry, on stone in a quarry works, underground, for mining coal, for sinking a shaft, or for tunnelling in civil engineering works;
vibrating metal moulding box in the concrete products industry, or circular saw to cut concrete masonry blocks;
machine in the manufacture of textiles for:– weaving man-made or natural fibres (including mineral fibres), high speed false twisting of fibres, or the mechanical cleaning of bobbins;
multi-cutter moulding machine on wood, planing machine on wood, automatic or semi-automatic lathe on wood, multiple cross-cut machine on wood, automatic shaping machine on wood, double-end tenoning machine on wood, vertical spindle moulding machine (including a high speed routing machine) on wood, edge banding machine on wood, band-sawing machine (with a blade width of not less than 75 millimetres) on wood, circular sawing machine on wood including one operated by moving the blade towards the material being cut, or chain saw on wood;
jet of water (or a mixture of water and abrasive material) at a pressure above 680 bar, or jet channelling process to burn stone in a quarry;
machine in a ship’s engine room, or gas turbine for:– performance testing on a test bed, installation testing of a replacement engine in an aircraft, or acceptance testing of an Armed Service fixed wing combat aircraft;
machine in the manufacture of glass containers or hollow ware for:– automatic moulding, automatic blow moulding, or automatic glass pressing and forming;
spinning machine using compressed air to produce glass wool or mineral wool;
continuous glass toughening furnace;
firearm by a police firearms training officer; or
shot-blaster to carry abrasives in air for cleaning.”.
3.—(1) Regulation 2(3) shall not apply to a period of assessment which relates to a claim which is made before the commencement date.
(2) A provisional assessment of the extent of a claimant’s disablement due to occupational deafness, which is in force immediately before the commencement date, shall, from the commencement date, have effect for the remainder of the claimant’s life.
(3) For the purposes of this regulation –
(a)“commencement date” means the date on which these Regulations come into operation; and
(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 (Northern Ireland) 1987(7).
4. The Regulations specified in column (1) of the Schedule are hereby revoked to the extent mentioned in column (3).
Sealed with the Official Seal of the Department for Social Development on 27th August 2003.
L.S.
D. A. Baker
Senior Officer of the
Department for Social Development
Regulation 4
| Column (1) | Column (2) | Column (3) |
|---|---|---|
| Citation | Reference | Extent of Revocation |
| The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 | S.R. 1986 No. 179 | Regulations 28 to 31 |
| The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 1987 | S.R. 1987 No. 454 | Regulation 2 |
| The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 347 | Regulation 4 |
| The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 57 | Regulation 3(3)(a) |
| The Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 | S.R. 1999 No. 310 (C. 23) | Article 9(12) to (14) |
(This note is not part of the Regulations.)
These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 (“the principal Regulations”).
Regulation 2(2) provides for an assessment of disablement in respect of occupational deafness to have effect for the claimant’s life. Regulation 2(3) revises the list of occupations in relation to which hearing loss is a prescribed disease.
Regulation 3 makes a transitional provision, so that the amendments to Schedule 1 of the principal Regulations do not apply to claims in respect of hearing loss made, or treated as made, before these Regulations come into operation.
Regulation 4 makes consequential revocations.
These Regulations correspond to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 7 of Schedule 5A to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2A) of that Act for prior reference to the Industrial Injuries Advisory Council.
These Regulations do not impose a charge on business.
1992 c. 7; section 109(2) was amended by paragraph 47 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
S.I. 1998 No. 1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002
See Article 8(b) of S.R. 1999 No. 481
S.R. 1986 No. 179; relevant amending regulations are S.R. 1987 No. 454, S.R. 1989 No. 319 and S.R. 1994 No. 347
Relevant amending regulations are S.R. 1987 No. 454, S.R. 1989 No. 319 and S.R. 1994 No. 347
S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 83, S.R. 1996 No. 354, S.R. 1997 No. 156, S.R. 2000 Nos. 215 and 365, S.R. 2001 Nos. 175 and 176 and S.R. 2002 No. 67