The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (S.I.1985/967) (“the principal Regulations”) by providing for the prescription of chronic bronchitis and emphysema as an industrial disease (“PD D12”) where either condition has, or both conditions have, been contracted after working for twenty years underground in a coal mine (regulation 6).In order to qualify for benefit a claimant must show—

(a) by means of a chest radiograph that he has coal dust retention to at least the level of Category 1 in the International Labour Office’s publication “The Classification of Radiographs of Pneumoconioses” Revised Edition 1980, 8th Impression 1992 published at Geneva; and

(b) a forced expiratory volume in one second at least one litre below the mean value predicted in accordance with “Lung Function: Assessment and Application in Medicine” by J. E. Cotes, 4th Edition 1979 published at Oxford (ISBN 0-632-00033-3) (“Cotes”) for a person of the claimant’s age, height and sex, measured from the position of maximum inspiration with the claimant making maximum effort.

The International Labour Office publication may be obtained from its British office, Vincent House, Vincent Square, London SW1, whilst Cotes is available from booksellers.

Consequential amendments to regulations 2, 4, 6, 7 and 22 of the principal Regulations are also made (regulations 2, 3, 4 and 5).

Regulation 7 amends regulation 11 of the Social Security (General Benefit) Regulations 1982 (S.I.1982/1408).The regulation is amended to make special provision for the interaction between awards for chronic bronchitis, emphysema and pneumoconiosis.

Regulation 8 makes consequential amendments to the Social Security (Adjudication) Regulations 1986 (S.I.1986/2218).

Regulation 9 makes transitional provision in respect of claims.The “relevant date” is defined as 13th September 1993 or the date on which the claimant first satisfies the conditions in Schedule 1 to the principal Regulations in respect of PD D12, whichever is the later.

A person who—

• is aged at least 70 on 13th September 1993 and who makes a claim on or after that date but before 1st March 1994; or

• is aged less than 70 on 13th September 1993 and has an award of attendance allowance at the higher rate or of the care component of disability living allowance at the highest rate at the time he makes his claim and who makes a claim after 13th September 1993 but before 1st September 1994,

will have his claim treated as if it had been made on the relevant date. Any other person may not make a claim before 1st March 1994, but if he makes it on or after that date and before 1st September 1994 he will also have it treated as having been made on the relevant date.

The Regulations will lead indirectly to increased costs for businesses employing coal miners as records and employment histories will be required in order to establish that the prescription criteria are satisfied, although they do not impose a charge upon business.An assessment of the cost to business of applying these Regulations has been placed in the Libraries of both Houses of Parliament.Copies can be obtained by post from: DSS Deregulation Unit, The Adelphi, John Adam Street, London WC2N 6HT.