The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2006

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—

• makes a consequential amendment to the definition of “primary carcinoma of the lung”;

• provides, on a claim for disablement pension in respect of prescribed diseases D8 and D8A, that entitlement may arise from the first day a person suffers from a loss of faculty due to that disease and prescribes lung impairment caused by primary carcinoma of the lung as a loss of faculty from which the resulting disabilities are to be taken as amounting to 100 per cent. disablement;

• amends prescribed disease C24 in Part I of Schedule 1 by substituting diseases C24 and C24A. Where due to exposure to vinyl chloride monomer, angiosarcoma of the liver, osteolysis of the finger-tips, sclerodermatous thickening of the skin of the hand, liver fibrosis and Raynaud’s phenomenon are each prescribed independently. Only work involving exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride before 1st January 1984 is prescribed in relation to Raynaud’s phenomenon;

• amends prescribed disease D8 in Part I of Schedule 1 by substituting diseases D8 and D8A. The disease previously prescribed as D8 has been replaced with primary carcinoma of the lung where there is accompanying evidence of asbestosis and primary carcinoma of the lung. New occupations involving exposure to asbestos are prescribed in relation to primary carcinoma of the lung; and

• amends prescribed disease D9 in Part I of Schedule 1 so that the obliteration of the costophrenic angle is used in the diagnosis of the prescribed disease.

Regulation 3 makes transitional provision so that the amendments made to Schedule 1 by regulation 2(4)(a) and (c) do not apply to claims 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.