The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2017

Statutory Instruments

2017 No. 232

Social Security

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2017

Made

1st March 2017

Laid before Parliament

6th March 2017

Coming into force

30th March 2017

The Secretary of State for Work and Pensions, after reference to the Industrial Injuries Advisory Council(1), makes the following Regulations in exercise of the powers conferred by sections 108(1) and (2) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(2).

The Secretary of State is satisfied of the matters referred to in section 108(2) of that Act.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2017 and come into force on 30th March 2017.

(2) In these Regulations “the Principal Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985(3).

Amendment of regulation 4 of the Principal Regulations

2.  In regulation 4 of the Principal Regulations (presumption that a disease is due to the nature of employment)(4), in paragraph (2) after “C32,” insert “C34,”.

Amendment of Schedule 1 to the Principal Regulations

3.—(1) Part 1 of Schedule 1 to the Principal Regulations (list of prescribed diseases and the occupations for which they are prescribed)(5) is amended as follows.

(2) In column 1—

(a) for A1 substitute—

“A1 Leukaemia (other than chronic lymphocytic leukaemia) or primary cancer of the bone, bladder, breast, colon, liver, lung, ovary, stomach, testis or thyroid.”;

(b) in B6 omit the words “(including farmer’s lung)”;

(c) after C33 insert—

“C34 Extrinsic allergic alveolitis.”;

(d) in D9 omit the words “with obliteration of the costophrenic angle”.

(3) In column 2—

(a) for A1 substitute—

“Exposure to ionising radiation where the dose is sufficient to double the risk of the occurrence of the condition.”;

(b) in B6, after the words “heterologous proteins” insert “or any other biological substance that causes extrinsic allergic alveolitis” and at the end insert “; or (f) any other workplace”;

(c) after C33 insert—

“Exposure to airborne isocyanates; or to any other chemical substance that causes extrinsic allergic alveolitis.”.

Signed by authority of the Secretary of State for Work and Pensions

Penny Mordaunt

Minister of State

Department for Work and Pensions

1st March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (S.I. 1985/967) (“the Principal Regulations”).

Regulation 2 amends regulation 4(2) of the Principal Regulations to include new prescribed disease C34 (extrinsic allergic alveolitis).

Regulation 3 makes amendments to Schedule 1 to the Principal Regulations. It amends the prescriptions for prescribed diseases A1 (leukaemia (other than chronic lymphocytic leukaemia) or primary cancer of the bone, bladder, breast, colon, liver, lung, ovary, stomach, testis or thyroid), B6 (extrinsic allergic alveolitis) and D9 (unilateral or bilateral diffuse pleural thickening). It also inserts new prescribed disease C34.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

See sections 171 and 172(2) of the Social Security Administration Act 1992 (c. 5).

(2)

1992 c. 4. Section 175(1) and (4) is amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and section 175(5) is amended by the Social Security (Incapacity for Work) Act 1994 (c. 18). See section 122(1) of the Social Security Contributions and Benefits Act 1992 (c. 4) for the meaning of “prescribe”.

(3)

S.I. 1985/967.

(4)

Substituted by S.I. 2015/87.

(5)

Amended by S.I. 1986/1374, 1987/335 and 2112, 1989/1207, 1991/1938, 1993/862 and 1985, 1994/2343, 1996/425, 1997/810, 2000/1588, 2003/270 and 2190, 2005/324, 2006/586, 2007/811 and 1753, 2008/14 and 1552, 2009/1396, 2011/1497, 2012/647 and 1634 and 2015/87.