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The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2007

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Statutory Instruments

2007 No. 1753

social security

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2007

Made

19th June 2007

Laid before Parliament

25th June 2007

Coming into force

1st October 2007

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 108(2), 122(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1).

He is satisfied of the matters referred to in section 108(2)(a) and (b) of that Act.

In accordance with section 172(2) of the Social Security Administration Act 1992(2) he has referred proposals to make these Regulations to the Industrial Injuries Advisory Council(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2007 and shall come into force on 1st October 2007.

(2) In these Regulations “the principal Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985(4).

Amendment of Schedule 1 to the principal Regulations

2.—(1) In Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed), the entry relating to prescribed disease A11 shall be amended as follows.

(2) For the entry in the first column substitute—

A11.

(a)Intense blanching of the skin, with a sharp demarcation line between affected and non-affected skin, where the blanching is cold-induced, episodic, occurs throughout the year and affects the skin of the distal with the middle and proximal phalanges, or distal with the middle phalanx (or in the case of a thumb the distal with the proximal phalanx), of—

(i)in the case of a person with 5 fingers (including thumb) on one hand, any 3 of those fingers, or

(ii)in the case of a person with only 4 such fingers, any 2 of those fingers, or

(iii)in the case of a person with less than 4 such fingers, any one of them or, as the case may be, the one remaining finger,

where none of the person’s fingers was subject to any degree of cold-induced, episodic blanching of the skin prior to the person’s employment in an occupation described in the second column in relation to this paragraph, or

(b)significant, demonstrable reduction in both sensory perception and manipulative dexterity with continuous numbness or continuous tingling all present at the same time in the distal phalanx of any finger (including thumb) where none of the person’s fingers was subject to any degree of reduction in sensory perception, manipulative dexterity, numbness or tingling prior to the person’s employment in an occupation described in the second column in relation to this paragraph,

where the symptoms in paragraph (a) or paragraph (b) were caused by vibration..

(3) In the entry in the second column, in sub-paragraph (a), for “in forestry” substitute “on wood”.

Transitional provision

3.—(1) Regulation 2 shall not apply to a question relating to the blanching of a claimant’s fingers where—

(a)the question arises in connection with a period of assessment which relates to a claim which is made—

(i)before the commencement date, or

(ii)within 3 months after the commencement date in respect of a period which began before the commencement date, or

(b)a person suffers from an attack of a disease and under regulation 7 of the principal Regulations (recrudescence) the attack is a recrudescence of a disease for which a claim was made before the commencement date or within 3 months after the commencement date in respect of a period which began before the commencement date.

(2) For the purposes of this regulation—

(a)“commencement date” means the date on which these Regulations come into force; and

(b)a period of assessment which begins on the day following the end of a preceding period of assessment, shall be treated as a continuation of the preceding period of assessment.

Signed by authority of the Secretary of State for Work and Pensions.

Jim Murphy

Minister of State,

Department for Work and Pensions

19th June 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (SI 1985/967) which prescribe diseases for which industrial injuries benefit is payable.

Regulation 2 amends prescribed disease A11 by adding sensorineural symptoms to the description of the disease and a proviso that both sets of symptoms are caused by vibration and by providing that the prescription shall not cover blanching of the skin or sensorineural symptoms prior to employment in a prescribed occupation. It also amends the description of the occupation involving hand-held chain saws.

Regulation 3 makes transitional provision so that the amendments relating to blanching do not apply to a period of assessment which relates to a claim made, or having effect, before the date these Regulations come into force or to a renewed break-out of a condition for which a claim was made before these Regulations come into force.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.

(1)

1992 c.4. Section 122(1) is cited for the definition of “prescribe”. Section 175 was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

(3)

See section 171 of that Act.

(4)

S.I.1985/967: relevant amending instruments are S.I. 1989/1207, 1993/862 and 1985, 2000/1596, 2003/270.

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