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The Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases and Prescribed Occupations) (Amendment) Order (Northern Ireland) 2024

S.R. 2024/46 · Made 8 March 2024 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 20 March 2024.

Order made by the Department for Communities and laid before the Assembly under Article 11(2) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979, and subject to affirmative resolution procedure of the Assembly

Social Security

Made 8th March 2024

Coming into operation in accordance with Article 1

The Department for Communities makes the following Order in exercise of the powers conferred by Article 3(1) of, and paragraph 8(1) of the Schedule to, the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979f1 and now vested in itf2.

Annotations to the whole text

Footnotes

f1

S.I. 1979/925 (N.I. 9); Article 3(1) was amended by Article 22(a) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and the Schedule was inserted by section 52(5) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2)

f2

See Article 4(b) of S.R. 1999 No. 481, the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)), Article 3 of S.R. 2006 No. 192 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases) Order
  3. 3Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Prescribed Occupations) Order
  4. Signature
  5. Explanatory note

1Citation and commencementI1

This Order may be cited as the Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases and Prescribed Occupations) (Amendment) Order (Northern Ireland) 2024 and shall come into operation on the day after it is affirmed by resolution of the Assembly.

2Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases) OrderI1

For Article 2 of the Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases) Order (Northern Ireland) 1986f1 substitute—

“Specified Diseases

2.

The following diseases are specified for the purposes of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979—

(a)

asbestos-related primary carcinoma of the lung;

(b)

unilateral or bilateral diffuse pleural thickening.”.

3Amendment of the Pneumoconiosis, etc., (Workers’ Compensation) (Prescribed Occupations) OrderI1

In the table in Part 2 of the Schedule to the Pneumoconiosis, etc., (Workers’ Compensation) (Prescribed Occupations) Order (Northern Ireland) 2007f1 (occupations prescribed in relation to the other diseases to which the Order applies)—

(a)

in the left hand column (disease), in the entry relating to primary carcinoma of the lung, for “one or both of the following” until the end, substitute “asbestosis”;

(b)

after the entry relating to primary carcinoma of the lung, insert—

“

Primary carcinoma of the lung (except where there is evidence of asbestosis)Any occupation involving exposure to asbestos in the course of—
(a) the manufacture of asbestos textiles;
(b) spraying asbestos;
(c) asbestos insulation work; or
(d) applying or removing materials containing asbestos in the course of shipbuilding.

”;

(c)

in the left hand column, in the entry relating to bilateral diffuse pleural thickening, insert at the beginning “Unilateral or”.

Signature

Sealed with the Official Seal of the Department for Communities on 8th March 2024

(L.S.)

David Tarr

A senior officer of the Department for Communities

Explanatory note

(This note is not part of the Order)

Under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9)) (“the 1979 Order”) lump sum payments may be made to certain persons disabled by a disease to which the 1979 Order applies, or to dependants of persons who were so disabled before they died. The diseases covered by the 1979 Order are pneumoconiosis, byssinosis, diffuse mesothelioma, and such other diseases as are specified by the Department. The Pneumoconiosis, etc., (Workers’ Compensation) (Specified Diseases) Order (Northern Ireland) 1986 (S.R. 1986 No. 168) specifies additional diseases to which the 1979 Order applies.

The Pneumoconiosis, etc., (Workers’ Compensation) (Prescribed Occupations) Order (Northern Ireland) 2007 (S.R. 2007 No. 337) lists the occupations prescribed for the purpose of each disease to which the 1979 Order applies. It is a condition of entitlement under the 1979 Order that every relevant employer has ceased business. The occupations prescribed in S.R. 2007 No. 337 are relevant in determining whether there is a relevant employer.

Article 2 amends the diseases specified in S.R. 1986 No. 168 as follows—

  1. a)

    Primary carcinoma of the lung where there is accompanying evidence of asbestosis and/or bilateral diffuse pleural thickening has been replaced with asbestos-related primary carcinoma of the lung.

  2. b)

    Bilateral diffuse pleural thickening has been replaced with unilateral or bilateral diffuse pleural thickening.

Article 3 makes amendments to the occupations prescribed in S.R. 2007 No. 337 which are relevant to determine whether there is a relevant employer.