The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

Prescription of diseases and injuries and occupations for which they are prescribed

2.  For the purposes of Chapter V of Part II of the Act—

(a) subject to [F1 the following paragraphs] of this regulation and to regulation 43(3), (5) and (6), each disease or injury set out in the first column of Part I of Schedule 1 hereto is prescribed in relation to all persons who have been employed on or after 5th July 1948 in employed earner's employment in any occupation set against such disease or injury in the second column of the said Part;

(b) pneumoconiosis is prescribed—

(i) in relation to all persons who have been employed on or after 5th July 1948 in employed earner's employment in any occupation set out in Part II of the said Schedule; and

(ii) in relation to all other persons who have been so employed in any occupation involving exposure to dust and who have not worked at any time (whether in employed earner's employment or not) in any occupation in relation to which pneumoconiosis is prescribed by virtue of regulations (apart from this sub-paragraph) in force—

(a) in the case of any claim for disablement benefit or a claim for death benefit in respect of the death of a person to whom disablement benefit has been awarded in respect of pneumoconiosis, on the date of the claim for disablement benefit;

(b) in the case of a claim for death benefit in respect of the death of any other person, on the date of the death of that person;

(c) occupational deafness is prescribed in relation to all persons who have been employed in employed earner's employment—

(i) at any time on or after 5th July 1948; and

(ii) for a period or periods (whether before or after 5th July 1948) amounting in the aggregate to not less than 10 years

in one or more of the occupations set out in the second column of paragraph A10 of Part I of Schedule 1 to these regulations F2 ...

[F3 (d) the disease specified in paragraph D12 of Part I of Schedule 1 is not prescribed in relation to persons to whom regulation 22 applies.]

[F4 (e) cataract is not prescribed unless the person was employed in employed earner’s employment in an occupation set out in the second column of paragraph A2 of Part I of Schedule 1 to these regulations for a period or periods amounting in aggregate to not less than 5 years.]

Textual Amendments

F1 Words in reg. 2(a) substituted (10.7.2000) by The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2000 (S.I. 2000/1588), regs. 1, 2(2)

F2 Words in reg. 2(c) omitted (14.3.2005) by virtue of The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2005 (S.I. 2005/324), regs. 1(1), 2(1)

F3 Reg. 2(d) inserted (13.9.1993) by The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 1993 (S.I. 1993/1985), regs. 1, 2

F4 Reg. 2(e) inserted (10.7.2000) by The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2000 (S.I. 2000/1588), regs. 1, 2(3) (with reg. 7)