The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006

Amendment of the principal Regulations

2.—(1) In regulation 1(2) of the principal Regulations (interpretation)(1), 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)(2) there shall be inserted—

“Asbestos-related primary carcinoma of the lung – special conditions and prescribed loss of faculty

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—

(a) section 103(6) of the Social Security Contributions and Benefits Act 1992 (entitlement after expiry of 90 days) shall apply as if for the words “after the expiry of the period of 90 days (disregarding Sundays) beginning with the day of the relevant accident” there were substituted the words “the day on which he first suffers from a loss of faculty due to primary carcinoma of the lung”; and

(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.”.

(1)

The definition of “primary carcinoma of the lung” was inserted by S.I. 1993/862.

(2)

Regulation 20A was inserted by S.I. 2002/1717.