The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2015

Presumption that a disease is due to the nature of employment4

1

Where a person has developed a disease which is prescribed in Part I of Schedule 1 to these Regulations in paragraph A3(a), A4, A5, A6, A7, A8, A11, B1(a), B3, B4(a), B9, B10, B11, B12, B14, B15, C3, C24A, D4 or D7 that disease shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if—

a

that employment was in any occupation set against that disease in the second column of that Part; and

b

he was so employed on, or at any time within one month immediately preceding, the date on which, under these Regulations, he is treated as having developed the disease.

2

Where a person has developed a disease which is prescribed in Part I of Schedule 1 to these Regulations in paragraph A1, A2, A3(b), A10, A13, A14, B2, B6, B8B, B13, C17, C18, C22(a), C24, C31, C32, D2, D3, D6, D8, D8A, D9, D10, D11, D12 or D13 that disease shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if that employment was in any occupation set against that disease in the second column of that Part.

3

Where a person in relation to whom tuberculosis is prescribed in paragraph B5 of Part I of Schedule 1 to these Regulations in respect of the occupation set out in sub-paragraph (a) in the second column of that paragraph develops that disease it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if the date on which, under these Regulations, he is treated as having developed the disease is—

a

not less than 6 weeks after the date on which he was first employed in that occupation; and

b

not more than 2 years after the date on which he was last so employed in that occupation.

4

Where a person has developed a disease which is prescribed in Part I of Schedule 1 to these Regulations in paragraphs B1(b), B4(b), B7 and B8A that disease shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if—

a

that employment was in any occupation set against that disease in the second column of that Part; and

b

he was so employed—

i

on the date on which, under these Regulations, he is treated as having developed the disease, or

ii

on a date at any time within—

aa

in the case of paragraph B1(b) or B8A, 2 months;

bb

in the case of paragraph B7, 6 months; or

cc

in the case of paragraph B4(b), 12 months,

immediately preceding the date on which, under these Regulations, he is treated as having developed the disease.

5

Where a person in relation to whom carpal tunnel syndrome is prescribed in paragraph A12 of Part I of Schedule 1 to these Regulations in respect of the occupation set out in sub-paragraph (b) in the second column of that paragraph, develops that disease it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if he was employed in that occupation on the date, or at any time within one month immediately preceding the date on which, under these Regulations, he is treated as having developed the disease.

6

Where a person in relation to whom primary neoplasm of the epithelial lining of the urinary tract is prescribed in paragraph C23 of Part I of Schedule 1 to these Regulations in respect of the occupation set out in sub-paragraph (a), (b) or (e) in the second column of that paragraph develops that disease it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment.

7

Where a person in relation to whom pneumoconiosis is prescribed in regulation 2(b)(i) develops pneumoconiosis it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if he has been employed in either of the occupations set out in Part II of Schedule 1 to these Regulations for a period or periods amounting in aggregate to not less than 2 years in employment which either was employed earner’s employment or would have been employed earner’s employment if it had taken place on or after 5th July 1948.

Primary carcinoma of the lung and angiosarcoma of the liver – special conditions and prescribed loss of faculty18B

1

This regulation applies to a claim for disablement pension made in respect of the diseases prescribed in paragraphs C4, C22(b), C24(a), D8, D8A, D10 and D11 of Part 1 of Schedule 1 to these Regulations.

2

On a claim to which this regulation applies—

a

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

b

paragraph 6(1) of Schedule 6 to the Contributions and Benefits Act (period to be taken into account by an assessment) shall apply as if “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” was omitted.

3

On a claim to which this regulation applies, the loss of faculty prescribed for the purposes of paragraph 1(d) of Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) is lung impairment caused by primary carcinoma of the lung or bronchus, or impairment caused by angiosarcoma of the liver.