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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 which prescribe diseases for which industrial injuries benefit is payable.

Regulation 2(2) substitutes regulation 4 to—

• provide that a person who has developed one of twenty prescribed diseases referred to in paragraph (1) of that regulation benefits from the presumption that that disease was caused by his employed earner’s employment, provided that he was employed within the relevant prescribed occupation for that disease within one month of the date on which he developed that prescribed disease;

• provide for a person who has developed one of the twenty six diseases referred to in paragraph (2) of that regulation to benefit from the same presumption regardless of when he was last employed within the relevant prescribed occupation for that prescribed disease; and

• prescribe (in paragraphs (3) to (7) of that regulation) additional disease specific rules regarding presumption in respect of eight other specified prescribed diseases.

Regulation 2(4) substitutes regulation 18B to list the seven diseases in respect of which words in section 103(6) of, and paragraph 6(1) of Schedule 6 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 are either substituted or omitted.

Regulation 2(6) amends Part 1 of Schedule 1, which sets out the diseases for which industrial injuries benefit is payable, by—

• amending the description of prescribed diseases A3, B1, B4 and D12;

• amending the description of the prescribed occupation for prescribed disease B5; and

• adding, as prescribed disease C33, chloracne, as it relates to occupations involving exposure to substances causing chloracne.

Regulation 2(3) and (5) makes consequential amendments as result of the change to the description of prescribed disease D12.

Regulation 3 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 7 of Schedule 5A to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2A) of that Act for prior reference to the Industrial Injuries Advisory Council.