The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2017

Statutory Rules of Northern Ireland

2017 No. 45

Social Security

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2017

Made

9th March 2017

Coming into operation

30th March 2017

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 108(1) and (2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

It is satisfied of the matters referred to in section 108(2) of that Act.

Citation and commencement

1.  These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 30th March 2017.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations

2.—(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986(3) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 4(2)(4) (presumption that a disease is due to the nature of employment) after “C32,” insert “C34,”.

(3) In Part 1 of Schedule 1 (list of prescribed diseases and the occupations for which they are prescribed)—

(a) for the entry relating to prescribed disease A1(5) substitute—

“A1.

Leukaemia (other than chronic lymphocytic leukaemia) or primary cancer of the bone, bladder, breast, colon, liver, lung, ovary, stomach, testis or thyroid.

Exposure to ionising radiation where the dose is sufficient to double the risk of the occurrence of the condition.”;

(b) in the entry relating to prescribed disease B6—

(i) in the first column omit “(including farmer’s lung)”, and

(ii) in the second column—

(aa) after “heterologous proteins” insert “or any other biological substance that causes extrinsic allergic alveolitis”, and

(bb) after sub-paragraph (e)(6) add—

“or

(f)

any other workplace.”;

(c) after the entry relating to prescribed disease C33(7) insert—

“C34.

Extrinsic allergic alveolitis.

Exposure to airborne isocyanates; or to another chemical substance that causes extrinsic allergic alveolitis.”; and

(d) in the first column of the entry relating to prescribed disease D9(8) omit “with obliteration of the costophrenic angle”.

Revocation

3.  Regulation 2(6)(a) of the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2000(9) is revoked.

Sealed with the Official Seal of the Department for Communities on 9th March 2017

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 which prescribe diseases for which industrial injuries benefit is payable.

Regulation 2(2) amends regulation 4 to include new prescribed disease C34 (extrinsic allergic alveolitis) in the presumption that a disease is due to the nature of employment.

Regulation 2(3) amends Part 1 of Schedule 1, which sets out the diseases for which industrial injuries disablement benefit is payable, by amending the descriptions of prescribed diseases A1, B6 and D9 and adding new prescribed disease C34, extrinsic allergic alveolitis, as it relates to occupations involving exposure to airborne isocyanates or to another chemical substance that causes extrinsic allergic alveolitis.

Regulation 3 makes a consequential revocation.

These Regulations make in relation to Northern Ireland only provision corresponding 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.

(1)

1992 c. 7; section 108(1) was amended by Article 70(1)(c) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(3)

S.R. 1986 No. 179; relevant amending Regulations are S.R. 2000 No. 214, S.R. 2006 No. 96, S.R. 2007 No. 167 and S.R. 2015 No. 52

(4)

Regulation 4 was substituted by regulation 2(2) of S.R. 2015 No. 52

(5)

Prescribed disease A1 was substituted by regulation 2(6)(a) of S.R. 2000 No. 214

(6)

Sub-paragraph (e) was added by regulation 2(8) of S.R. 2007 No. 167

(7)

Prescribed disease C33 was added by regulation 2(6)(e) of S.R. 2015 No. 52

(8)

Prescribed disease D9 was amended by regulation 2(4)(c) of S.R. 2006 No. 96

(9)

S.R. 2000 No. 214