The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2022

This Statutory Instrument is made in consequence of a defect in S.I. 2022/214 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2022 No. 229

Social Security

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2022

Made

at 1.40 p.m. on 7th March 2022

Laid before Parliament

at 4.30 p.m. on 7th March 2022

Coming into force

at 7.30 p.m. on 7th March 2022

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 108(1) and (2), 109(2) and (3)(a), 122 and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(1).

The Secretary of State is satisfied of the matters to which section 108(2)(a) and (b) of that Act refer.

In accordance with section 173(1)(a) of the Social Security Administration Act 1992(2), it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Industrial Injuries Advisory Council.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2022 and come into force at 7.30 p.m. on 7th March 2022.

(2) These Regulations extend to England and Wales.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2022

2.  In regulation 1(1) of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2022(3) (citation, commencement and extent), for “[...]” substitute “28th March 2022”.

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

Chloe Smith

Minister of State,

Department for Work and Pensions

At 1.40 p.m. on 7th March 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 2022 (S.I. 2022/214) (“the 2022 Regulations”) contained an error in regulation 1(1) in that they did not include a commencement date. These Regulations substitute a commencement date of 28th March 2022 into those Regulations.

The 2022 Regulations amended the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (S.I. 1985/967). In a report (published as Command Paper Cm 8860 on 8th May 2014(4)), the Industrial Injuries Advisory Council recommended that Dupuytren’s contracture, arising from work for ten years or more in aggregate which involves the use of hand-held powered tools, be prescribed as a disease. Regulation 3 of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2019 (S.I. 2019/1241) introduced the prescription for Dupuytren’s contracture.

The 2022 Regulations amended the prescription for Dupuytren’s contracture and provided further specification on the circumstances in which Industrial Injuries Disablement Benefit is payable. The reason for amending the prescription was to bring the Regulations into line with the most up to date guidance from the Industrial Injuries Advisory Council.

Hard copies of the report may be obtained from the Department for Work and Pensions, IIDB Policy, Disability and Housing Support Directorate, Caxton House, Tothill Street, London SW1H 9NA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1992 c. 4. Sections 108(1) and 109(2) were amended by section 64(1)(c) of the Welfare Reform Act 2012 (c. 5). Section 109(2) was amended by paragraphs 65(a) to (d) of Schedule 7 to the Social Security Act 1998 (c. 14). Section 175(4) was amended by paragraph 29(4) of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2). Section 175(5) was amended by paragraph 36 to Schedule 1(1) to the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 122(1) is cited for the meaning of “prescribe”.

(2)

1992 c. 5. The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2022 (S.I. 2022/214) were referred to the Industrial Injuries Advisory Council. These Regulations correct an error in S.I. 2022/214.

(3)

S.I. 2022/214.

(4)

https://www.gov.uk/government/publications/dupuytrens-contracture-due-to-hand-transmitted-vibration-iiac-report.