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The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006

S.I. 2006/638 · Made 7 March 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 7th March 2006

Laid before Parliament 14th March 2006

Coming into force 6th April 2006

The Secretary of State for Work and Pensions makes the following Scheme, with the consent of the Treasury, in exercise of the powers conferred by paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992f1.

The Secretary of State is satisfied of the matters referred to in paragraph 4(2)(i) and (ii) of that Schedule.

Annotations to the whole text

Footnotes

f1

1992 c. 4.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Insertion of article 4A in the principal Scheme
  3. 3Amendment of Schedule 1 to the principal Scheme
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006 and shall come into force on 6th April 2006.

(2)

“The principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983f1.

2Insertion of article 4A in the principal Scheme

After article 4 of the principal Scheme, insert—

“Cases in which disablement shall be regarded as being total

4A

On any claim for benefit in respect of any disease set out in paragraph 5, 8 or 8A of Schedule 1 the disablement shall be regarded as being total.”.

3Amendment of Schedule 1 to the principal Scheme

In Schedule 1 to the principal Scheme (diseases and occupations to which in addition to pneumoconiosis and byssinosis, this scheme applies), for paragraph 8 substitute—

“

8

Primary carcinoma of the lung where there is accompanying evidence of asbestosis.

(a)

The working or handling of asbestos or any admixture of asbestos; or

(b)

the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

(c)

the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or

(d)

substantial exposure to the dust arising from any of the foregoing operations.

8A

Primary carcinoma of the lung.

Exposure to asbestos for a period of, or periods which amount in aggregate to, five years or more in the course of—

  1. (a)

    the manufacture of asbestos textiles; or

  2. (b)

    the manufacture of gas masks; or

  3. (c)

    spraying asbestos; or

  4. (d)

    asbestos insulation work; or

  5. (e)

    applying or removing materials containing asbestos in the course of shipbuilding.

8B

Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.

(a)

The working or handling of asbestos or any admixture of asbestos; or

(b)

the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

(c)

the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or

(d)

substantial exposure to the dust arising from any of the foregoing operations.

”.

Signature

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

Margaret Hodge

Minister of State,

Department for Work and Pensions

5th March 2006

We consent,

Tom Watson

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2006

Explanatory note

(This note is not part of the Order)

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

It provides that where a claim is made in relation to certain diseases listed in Schedule 1 to the Scheme, the disablement shall be regarded as being total.

It also amends Schedule 1 by substituting for paragraph 8, new paragraphs 8, 8A and 8B. The disease previously set out at paragraph 8 has been replaced with primary carcinoma of the lung where there is accompanying evidence of asbestosis and primary carcinoma of the lung. New occupations involving exposure to asbestos are prescribed in relation to primary carcinoma of the lung. Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle is added to the list of diseases in relation to specified occupations involving exposure to asbestos or the cleaning of specified items used for the collection of asbestos dust.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.