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The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2002

S.I. 2002/1717 · Made 2 July 2002

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 2nd July 2002

Laid before Parliament 8th July 2002

Coming into force 29th July 2002

The Secretary of State for Work and Pensions, in exercise of the powers conferred on him by sections 109(2), 122(1) and 175(1) and (4) of, and paragraph 1(d) of Schedule 6 to, the Social Security Contributions and Benefits Act 1992f1 and of all other powers enabling him in that behalf, after agreement by the Industrial Injuries Advisory Council that proposals in respect of these Regulations should not be referred to itf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 109(2) was amended by paragraph 65 of Schedule 7 to the Social Security Act 1998 (c. 8). Section 122(1) is cited for the definition of “prescribe”. Section 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Paragraph 1 of Schedule 6 was amended by section 88 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999 (c. 30).

f2

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2002, and shall come into force on 29th July 2002.

2Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

(1)

The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985f1 shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 20 (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) in paragraphs (1), (1A) and (1B) for the words “, byssinosis or diffuse mesothelioma” there shall be substituted the words “or byssinosis”.

(3)

After regulation 20 there shall be inserted the following new regulation:—

“Diffuse mesothelioma—prescribed loss of faculty

20A
(1)

For the purposes of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (which provides for the assessment of the extent of disablement for the purposes of industrial injuries disablement benefit), the loss of faculty set out in paragraph (2) below is prescribed under sub-paragraph (d) of that paragraph 1 (loss of faculty from which the resulting disabilities are to be taken as amounting to 100 per cent. disablement).

(2)

The loss of faculty referred to in paragraph (1) above is impaired function of the pleura, pericardium or peritoneum function caused by diffuse mesothelioma.”.

Signature

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

Nick Brown

Minister of State,

Department for Work and Pensions

2nd July 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Part V of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 to remove from regulation 20 the provision for assessing, for the purposes of industrial injuries benefit, the extent of disablement arising from diffuse mesothelioma (regulation 2(2)) and to prescribe impaired function of the pleura, pericardium or peritoneum caused by diffuse mesothelioma as a loss of faculty from which the resulting disabilities are to be taken as amounting to 100% disablement (regulation 2(3)).

These Regulations impose no additional costs on business.