The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend—

(a) the Social Security (Adjudication) Regulations 1995 (S.I. 1995/1801);

(b) the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968);

(c) the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408);

(d) the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (S.I. 1985/967); and

(e) the Social Security (Industrial Injuries) (Regular Employment) Regulations 1990 (S.I. 1990/256).

The principal effect of the Regulations is to prescribe circumstances in which a person, who is entitled on the day on which these Regulations come into force to reduced earnings allowance under Schedule 7 to the Social Security Contributions and Benefits Act 1992, is to be treated as having given up regular employment for the purposes of that allowance, unless he is entitled to it for life, and to provide a new definition of regular employment for the purposes of paragraph 13 of that Schedule (regulation 6). They also alter the period in respect of which that allowance is payable following a late claim or application for review (regulations 2 and 3).

The Regulations also make alterations to the list of prescribed diseases, amending the terms of the prescription of diseases A10 (occupational deafness), A12 (carpal tunnel syndrome), D4 (inflammation of the mucous membrane of the upper respiratory tract) and D5 (non-infective dermatitis of external origin) and adding a new disease, C30 (chrome dermatitis and ulceration of the mucous membranes or the epidermis resulting from exposure to chromic acid, chromates or bi-chromates) (regulation 5). The existing prescription of each of diseases A12, D4 and D5 is preserved transitionally for existing beneficiaries and those who had a previous assessment which is reviewed under section 47 of the Social Security Administration Act 1992 (c. 5), and in the case of those who have had an assessment for one of those diseases before the amendment comes into force and suffer a recrudescence during the period of that assessment which gives rise to entitlement subsequent to the coming into force of these Regulations (regulation 7).

The treatment of retirement allowance during periods of imprisonment or detention in legal custody is aligned with that for reduced earnings allowance (regulation 4).

These Regulations do not impose any costs on business.