The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2005

Statutory Rules of Northern Ireland

2005 No. 37

SOCIAL SECURITY

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2005

Made

15th February 2005

Coming into operation

14th March 2005

The Department for Social Development, in exercise of the powers conferred by sections 108(2) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and section 5(1)(a) of the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3), and of all other powers enabling it in that behalf, being satisfied of the matters referred to in section 108(2)(a) and (b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, hereby makes the following Regulations:

Citation and commencement N.I.

1.  These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 14th March 2005.

Commencement Information

I1 Reg. 1 in operation at 14.3.2005, see reg. 1

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations N.I.

2.—(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986(4) shall be amended in accordance with paragraphs (2) to (4) of this regulation.

(2) In regulation 2(c) (prescription of diseases and injuries and occupations for which they are prescribed) the words after “to these regulations” shall be omitted.

(3) In regulation 23(2)(5) (time for claiming benefit in respect of occupational deafness) the words after “prescribed in relation to occupational deafness” shall be omitted.

(4) In Part I of Schedule 1 (list of prescribed diseases and the occupations for which they are prescribed) –

(a) after the entry relating to prescribed disease A12(6) there shall be added –

“A13.

Osteoarthritis of the hip.

Work in agriculture as a farmer or farm worker for a period of, or periods which amount in aggregate to, 10 years or more.”;

(b) for the entry relating to prescribed disease B1 there shall be substituted –

“B1.

Anthrax.

(a) Contact with anthrax spores, including contact with animals infected by anthrax; or (b) handling, loading, unloading or transport of animals of a type susceptible to infection with anthrax or of the products or residues of such animals.”;

(c) for the entry relating to prescribed disease B4 there shall be substituted –

“B4.

Ankylostomiasis.

Contact with a source of ankylostomiasis.”;

(d) for the entry relating to prescribed disease B8 there shall be substituted –

“B8A.	Infection by hepatitis A virus.	Contact with raw sewage.
B8B.	Infection by hepatitis B or C virus.	Contact with – (a) human blood or human blood products; or (b) any other source of hepatitis B or C virus.”;

(e) after the entry relating to prescribed disease B13(7) there shall be added –

“B14.	Lyme disease.	Exposure to deer or other mammals of a type liable to harbour ticks harbouring Borrelia bacteria.
B15.	Anaphylaxis.	Employment as a healthcare worker having contact with products made with natural rubber latex.”;

(f) in the first column of the entry relating to prescribed disease D4(8) (allergic rhinitis), after sub-paragraph (w) there shall be added –

“(x) products made with natural rubber latex.”; and

(g) in the first column of the entry relating to prescribed disease D7(9) (asthma), after sub-paragraph (w) there shall be inserted –

“(wa) products made with natural rubber latex;”.

Commencement Information

I2 Reg. 2 in operation at 14.3.2005, see reg. 1

Transitional provision N.I.

3.  Regulation 2(4) shall not apply to a period of assessment which relates to a claim which is made before the date on which these Regulations come into operation.

Commencement Information

I3 Reg. 3 in operation at 14.3.2005, see reg. 1

Revocations N.I.

4.  Article 9(10) of the Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999(10) and regulation 2(3)(b) of the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2000(11) are hereby revoked.

Commencement Information

I4 Reg. 4 in operation at 14.3.2005, see reg. 1

Sealed with the Official Seal of the Department for Social Development on 15th February 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 (“the 1986 Regulations”) which prescribe diseases for which industrial injuries benefit is payable.

Regulation 2(1) to (3) amends the 1986 Regulations in respect of concurrent employment in two or more occupations in relation to occupational deafness and deletes, with consequential changes, obsolete exceptions which relate to claims in respect of occupational deafness made before 3rd October 1984.

Regulation 2(4) amends Part I of Schedule 1 to the 1986 Regulations by adding osteoarthritis of the hip, Lyme disease and anaphylaxis to the list of prescribed diseases and adding to the description of allergic rhinitis and asthma. It also makes changes to the description of the occupations in relation to which anthrax, ankylostomiasis and hepatitis are prescribed diseases.

Regulation 3 makes transitional provision, so that the amendments to Part I of Schedule 1 to the 1986 Regulations 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.

These Regulations do not impose a charge on business.

(1)

1992 c. 7; section 171 was amended by paragraph 28 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

1992 c. 8

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.R. 1986 No. 179; relevant amending regulations are S.R. 1986 No. 270, S.R. 1989 No. 319, S.R. 1991 No. 414, S.R. 1993 No. 148, S.R. 1996 No. 57, S.R. 1999 No. 310 (C. 23), S.R. 2000 No. 214 and S.R. 2003 No. 388

(5)

Paragraph (2) was amended by regulation 2(3) of S.R. 2000 No. 214

(6)

Prescribed disease A12 was inserted by regulation 6(2) of S.R. 1993 No. 148

(7)

Prescribed disease B13 was inserted by regulation 2(2) of S.R. 1991 No. 414

(8)

Prescribed disease D4 was substituted by regulation 3(3)(d) of S.R. 1996 No. 57

(9)

Prescribed disease D7 was amended by regulation 2(2) of S.R. 1986 No. 270 and regulation 2(3) of S.R. 1991 No. 414

(10)

S.R. 1999 No. 310 (C. 23)

(11)

S.R. 2000 No. 214