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Statutory Instrument 2006 No. 586The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 586SOCIAL SECURITYThe Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 108(2), 109(2), 122(1) and 175(1) to (4) of, and paragraph 1 of Schedule 6 to, the Social Security Contributions and Benefits Act 1992[1]. The Secretary of State is satisfied of the matters referred to in section 108(2)(a) and (b) of that Act. In accordance with sections 171 and 172(2) of the Social Security Administration Act 1992[2], reference has been made to the Industrial Injuries Advisory Council. Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006 and shall come into force on 6th April 2006. (2) In these Regulations "the principal Regulations" means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985[3]. Amendment of the principal Regulations 2.—(1) In regulation 1(2) of the principal Regulations (interpretation)[4], in the definition of "primary carcinoma of the lung" after "D8" there shall be inserted ", D8A". (2) After regulation 20A of the principal Regulations (diffuse mesothelioma – prescribed loss of faculty)[5] there shall be inserted—
20B.—(1) This regulation shall apply to a claim for disablement pension made in respect of the diseases prescribed in paragraphs D8 and D8A of Part I of Schedule 1. (2) On a claim to which this regulation applies—
(b) paragraph 6(1) of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (period to be taken into account by an assessment) shall apply as if the words "beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and" were omitted. (3) On a claim to which this regulation applies, the loss of faculty prescribed for the purposes of sub-paragraph (d) of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (assessment of extent of disablement) is lung impairment caused by primary carcinoma of the lung.". Amendment of Schedule 1 to the principal Regulations
(3) For the entry relating to prescribed disease D8[7] there shall be substituted—
(4) For the entry in the first column of the entry relating to prescribed disease D9[8] there shall be substituted—
Transitional provision (This note is not part of the Regulations) These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (S.I. 1985/967), which prescribe diseases for which industrial injuries benefit is payable. Regulation 2(1) makes a consequential amendment to the definition of "primary carcinoma of the lung". Regulation 2(2) 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% disablement. Regulation 3(2) 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. Regulation 3(3) 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. Regulation 3(4) 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 4 makes transitional provision so that the amendments made to Schedule 1 by regulation 3(2) and (4) do not apply to claims made before these Regulations come into force. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies. Notes: [1]1992 c. 4. Section 122(1) is cited for the definition of "prescribe". Section 109(2) was amended by paragraph 65 of Schedule 7 to the Social Security Act 1998 (c. 14). Section 175 was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act 2002 (c. 21). Paragraph 1 of Schedule 6 was amended by Schedule 13 to the Welfare Reform and Pensions Act 1999 (c. 30).back [2]1992 c. 5.back [3]S.I. 1985/967; relevant amending instruments are S.I. 1993/862, 1997/810, 2002/1717 and 2003/270.back [4]The definition of "primary carcinoma of the lung" was inserted by S.I. 1993/862.back [5]Regulation 20A was inserted by S.I. 2002/1717.back [6]The entry relating to prescribed disease C24 was substituted by S.I. 2003/270.back [7]The entry relating to prescribed disease D8 was amended by S.I. 1997/810.back [8]The entry relating to prescribed disease D9 was amended by S.I. 1997/810.back ISBN0 11 074178 1 -- Back --
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