The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993

Statutory Instruments

1993 No. 1363

SOCIAL SECURITY

The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993

Made

25th May 1993

Laid before Parliament

3rd June 1993

Coming into force

24th June 1993

The Secretary of State for Social Security, with the consent of the Treasury, in exercise of powers conferred by paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation, commencement and interpretation

1.—(1) This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 and shall come into force on 24th June 1993.

(2) In this Scheme “the principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983(2).

Amendment of article 1 of the principal Scheme

2.  In article 1(2) of the principal Scheme (interpretation)(3) after the definition of “death benefit” there shall be inserted the following definition—

““foundry” means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely the drying and subsequent preparation of moulds and cores, knock-out operations and dressing or fettling operations;”.

Amendment of Schedule 1 to the principal Scheme

3.—(1) Schedule 1 to the principal Scheme shall be amended in accordance with the following provisions of this article.

(2) At the end of the entry in the second column relating to disease number 4 (primary neoplasm of the epithelial lining of the bladder etc.) there shall be added the words

“(d) exposure to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ).”.

(3) The description of disease number 9(4) shall be amended by substituting for the words “Lung cancer” the words “Primary carcinoma of the lung”.

(4) After the entry relating to disease number 9 there shall be added the following entry—

“10. Primary carcinoma of the lung where there is accompanying evidence of silicosis.

Exposure to silica dust in the course of— (a) the manufacture of glass or pottery; (b) tunnelling in or quarrying sandstone or granite; (c) mining metal ores; (d) slate quarrying or the manufacture of artefacts from slate; (e) mining clay; (f) using siliceous materials as abrasives; (g) cutting stone; (h) stonemasonry; or (i) work in a foundry.”.

Amendment of Schedule 4 to the principal Scheme

4.  Schedule 4 to the principal Scheme(2) shall be amended—

(a) by the insertion, at the end of the entry in the second column relating to disease number 4, of the words “except in the case of a death where benefit is payable by reason only of paragraph (d) in the entry in respect of that disease in Schedule 1, and in that case 24th June 1993”;

(b) by the addition at the end of the Schedule of the following entry—

“10	24th June 1993.”.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

20th May 1993

We consent,

Greg Knight

T. J. Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

25th May 1993

Explanatory Note

(This note is not part of the Scheme)

This Scheme amends the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (S.I. 1983/136) by—

(a) extending the scope of the occupational prescription in respect of disease number 4 (primary neoplasm of the epithelial lining of the bladder) to include exposure to coal tar pitch volatiles produced in aluminium smelting in the Soderberg process;

(b) changing the description of disease number 9 from “lung cancer” to “primary carcinoma of the lung”;

(c) adding to the list of prescribed diseases a new disease (number 10), primary carcinoma of the lung where there is accompanying evidence of silicosis arising from exposure to silica dust in the course of manufacturing glass or pottery, tunnelling in or quarrying sandstone or granite, mining metal ores or clay, using siliceous materials as abrasives, cutting stone, stonemasonry or work in a foundry; and

(d) making consequential and drafting amendments.

(1)

1992 c. 4.

(2)

S.I. 1983/136.

(3)

There are amendments to article 1 which are not relevant for present purposes.

(4)

Disease number 9 was added by article 2 of S.I. 1987/400.