The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

1Citation, commencement and interpretation

PART IIPRESCRIPTION OF DISEASES AND PRESUMPTION AS TO THEIR ORIGIN

2Prescription of diseases and injuries and occupations for which they are prescribed

3Sequelae or resulting conditions

4Presumption that a disease is due to the nature of employment

PART IIIDATE OF ONSET AND RECRUDESCENCE

5Development of disease

8Workmen's compensation cases

9Re-employment of pneumoconiotics and special provisions for benefit (workmen's compensation cases)

PART IVAPPLICATION OF CHAPTERS IV AND VI OF PART II OF THE ACT AND OF REGULATIONS MADE THEREUNDER

10Definition of “relevant disease”

11Application of Chapters IV and VI of Part II of the Act

12Application of Claims and Payments Regulations and Benefit Regulations

13Benefit not payable in cases covered by the Industrial Injuries and Diseases (Old Cases) Act 1975

14Diseases contracted outside Great Britain

14AModification of paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992

15Assessment of extent of disablement

15AAggregation of Percentages of Disablement

16Death benefit for woman having care of deceased's children

17Special provisions as to determination of regular occupation in relation to persons claiming reduced earnings allowance

18Exception from requirements as to notice

19Provisions as to medical examination

PART VSPECIAL PROVISIONS AS TO PNEUMOCONIOSIS, BYSSINOSIS, OCCUPATIONAL DEAFNESS AND CERTAIN OTHER DISEASES

SECTION ABENEFIT

Special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma

20(1) On a claim for disablement pension in respect of...

20ADiffuse mesothelioma—prescribed loss of faculty

20BPrimary carcinoma of the lung and angiosarcoma of the liver–special conditions and prescribed loss of faculty

Pneumoconiosis—effects of tuberculosis

21Where any person is found to be suffering from pneumoconiosis...

Pneumoconiosis—effects of chronic obstructive pulmonary disease

22(1) Except in the circumstances specified in paragraph (1A), where...

Reduced earnings allowance—special provision for pneumoconiosis cases

23Where a beneficiary in receipt of a disablement pension in...

Special requirement for pneumoconiosis claimants in unscheduled occupation cases

24(1) A claim for disablement benefit in respect of pneumoconiosis...

Time for claiming benefit in respect of occupational deafness

25(1) Regulation 14 of the Claims and Payments Regulations (time...

Claims in respect of occupational deafness

26Where it appears that a person who has made a...

Further claims in respect of occupational deafness

27(1) In the event of disallowance of a claim for...

Availability of disablement benefit in respect of occupational deafness

28Where a person is awarded disablement benefit in respect of...

Period to be covered by assessment of disablement in respect of occupational deafness

29Paragraph 6(1) and (2) of Schedule 6 to the Social...

Review of assessment for unforeseen aggravation in respect of occupational deafness

30(1) The provisions of section 110(2) (review of assessment in...

31Subject to the provisions of regulation 30 and notwithstanding the...

No appeal against initial provisional assessment of disablement in respect of occupational deafness

32Notwithstanding section 109(2), but subject to the provisions of section...

Cases in which reassessment of disablement in respect of occupational deafness is final

33Where in any case the extent of disablement in respect...

Assessment of extent of disablement and rate of disablement benefit payable in respect of occupational deafness

34(1) Subject to the provisions of Schedule 8 and regulations...

Commencement date of period of assessment in respect of occupational deafness

35Notwithstanding ... Schedule 8, the period to be taken into...

Time for claiming benefit in respect of occupational asthma

36(1) Subject to paragraphs (2) and (3), disablement benefit and...

SECTION BMEDICAL EXAMINATIONS AND SUSPENSION

37Initial examinations

38Periodical examinations

39Suspension from employment

40Conditions of suspension

41Duties of employers

42Fees for initial and periodical examination

PART VITRANSITIONAL PROVISIONS AND REVOCATION

43Transitional provisions regarding relevant dates

44Transitional provisions regarding dates of development and dates of onset

PART ILIST OF PRESCRIBED DISEASES AND THE OCCUPATIONS FOR WHICH THEY ARE PRESCRIBED

PART IIOCCUPATIONS FOR WHICH PNEUMOCONIOSIS IS PRESCRIBED

1Any occupation involving— (a) the mining, quarrying or working of...

2Any occupation involving the breaking, crushing or grinding of flint...

3Any occupation involving sand blasting by means of compressed air...

4Any occupation involving work in a foundry or the performance...

5Any occupation in or incidental to the manufacture of china...

6Any occupation involving the grinding of mineral graphite, or substantial...

7Any occupation involving the dressing of granite or any igneous...

8Any occupation involving the use, or preparation for use, of...

9Any occupation involving— (a) the working or handling of asbestos...

10Any occupation involving— (a) work underground in any mine in...

11Any occupation in or incidental to the manufacture of carbon...

12Any occupation involving boiler scaling or substantial exposure to the...

SCHEDULE 2MODIFICATIONS OF CHAPTERS IV AND VI OF PART II OF THE ACT IN THEIR APPLICATION TO BENEFIT AND CLAIMS TO WHICH THESE REGULATIONS APPLY

SCHEDULE 3ASSESSMENT OF THE EXTENT OF OCCUPATIONAL DEAFNESS

PART ICLAIMS TO WHICH REGULATION 34(1) APPLIES

PART IICLAIMS TO WHICH REGULATION 34(2) APPLIES

PART IIIFORMULA FOR CALCULATING BINAURAL DISABLEMENT

SCHEDULE 4PRESCRIBED DISEASES AND RELEVANT DATES OF THE PURPOSES OF REGULATION 43

SCHEDULE 5TRANSITIONAL PROVISIONS REGARDING DATES OF DEVELOPMENT AND DATES OF ONSET

1In this Schedule the “date of development” has the meaning...

2Where a claim for benefit has been made before 6th...

3Where a claim for benefit is made after 5th April...

4Where in pursuance of a claim made before 6th April...

5Subject to paragraph 6, where a claim for injury benefit...

6There shall be no entitlement, in the following cases, to...

SCHEDULE 6REGULATIONS REVOKED

1985 No. 967

SOCIAL SECURITY

The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

Made24th June 1985

Laid before Parliament10th July 1985

Coming into Operation31st July 1985

The Secretary of State for Social Services, in exercise of powers conferred by sections 76, 77, 78, 113 and 155 of and Schedule 20 to the Social Security Act 1975, and of all other powers enabling him in that behalf, and for the purpose only of consolidating regulations hereinafter revoked, after consultation with the Council on Tribunals in so far as is required by section 10 of the Tribunals and Inquiries Act 1971, hereby makes the following regulations:—