The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1989

Amendment of the principal Regulations relating to occupational deafness

4.—(1) In paragraph (1) of regulation 34 of the principal Regulations (assessment of extent of disablement and rate of disablement benefit payable in respect of occupational deafness) for the words following “for a period before 3rd September 1979” to the end of the paragraph, there shall be substituted the words

• “shall be the percentage calculated by–

  (a)

  determining the average total hearing loss due to all causes for each ear at 1, 2 and 3 kHz frequencies; and then by

  (b)

  determining the percentage degree of disablement for each ear in accordance with Part I of Schedule 3; and then by

  (c)

  determining the average percentage degree of binaural disablement in accordance with the formula set out in Part III of Schedule 3.”.

(2) In paragraph (2) of regulation 34 of the principal Regulations, for the words following “in respect of occupational deafness” to the end of the paragraph there shall be substituted the words

• “hall be the percentage calculated by–

  (a)

  determining the average total hearing loss due to all causes for each ear at 1, 2 and 3 kHz frequencies; and then by

  (b)

  determining the percentage degree of disablement for each ear in accordance with Part II of Schedule 3; and then by

  (c)

  determining the average percentage degree of binaural disablement in accordance with the formula set out in Part III of Schedule 3.”.

(3) In paragraph (3) of regulation 34 of the principal Regulations, the words “this regulation and in” shall be omitted.

(4) After that paragraph there shall be inserted the following paragraph–

“(3A) For the purposes of determining the percentage degree of disablement in Parts I and II of Schedule 3 to these Regulations, any fraction of an average hearing loss shall, where the average hearing loss is over 50dB, be rounded down to the next whole figure.”.

(5) In relation to prescribed disease A10 (occupational deafness) for the words of prescription set out in the first column of Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) there shall be substituted the following words–

“A10.   Sensorineural hearing loss amounting to at least 50 dB in each ear, being the average of hearing losses at 1, 2 and 3 kHz frequencies, and being due in the case of at least one ear to occcupational noise (occupational deafness).”.

(6) In column (1) in both Part I and Part II of Schedule 3 to the principal Regulations (Assessment of the extent of occupational deafness) for the words “Average hearing loss (dB) over 1, 2 and 3 kHz”, there shall be substituted the words “Average of hearing losses (dB) due to all causes at 1, 2 and 3 kHz frequencies”.