# The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2006

S.R. 2006/96 · made 8 March 2006 · revised to 16 March 2015

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 which prescribe diseases for which industrial injuries benefit is payable.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 108, Section 109, Section 171, Schedule 6 paragraph 1)

PDFs: Printed copy https://openlegislation.uk/social-security-industrial-injuries-prescribed-diseases-amendment-regulations-northern-ireland-2006/pdf/nisr_20060096_en.pdf

## Introductory text

SOCIAL SECURITY
Made 8th March 2006
Coming into operation 6th April 2006
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 108(2), 109(2) and 171(1) to (4) of, and paragraph 1 of Schedule 6 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and now vested in it.
It is satisfied of the matters referred to in section 108(2)(a) and (b) of that Act.

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 6th April 2006.

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

(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) in the definition of “primary carcinoma of the lung” after “D8” there shall be inserted “, D8A”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In Part I of Schedule 1 (list of prescribed diseases and the occupations for which they are prescribed)—
(a) for the entry relating to prescribed disease C24 there shall be substituted—
“
C24 (a) Angiosarcoma of the liver; or
(b) osteolysis of the terminal phalanges of the fingers; or
(c) sclerodermatous thickening of the skin of the hand; or
(d) liver fibrosis,
due to exposure to vinyl chloride monomer.
Exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride.
C24A Raynaud’s phenomenon due to exposure to vinyl chloride monomer.
Exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride before 1st January 1984.
”;
(b) for the entry relating to prescribed disease D8 there shall be substituted—
“
D8 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.
D8A Primary carcinoma of the lung.
Exposure to asbestos in the course of—
(a) the manufacture of asbestos textiles; or
(b) spraying asbestos; or
(c) asbestos insulation work; or
(d) applying or removing materials containing asbestos in the course of shipbuilding,
where all or any of the exposure occurs before 1st January 1975, for a period of, or periods which amount in aggregate to, 5 years or more, or otherwise, for a period of, or periods which amount in aggregate to, 10 years or more.
”; and
(c) in the entry relating to prescribed disease D9 for the entry in the first column there shall be substituted—
“
D9 Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.
”.

## 3 Transitional provision

Regulation 2(4)(a) and (c) shall not apply to a period of assessment which relates to a claim which is made before the date on which these Regulations come into operation.

## 4 Revocations

Regulation 2(4)(b) and (c) of the Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 and regulation 2(4)(r) of the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2003 are revoked.

## Signature

Sealed with the Official Seal of the Department for Social Development on 8th March 2006.
L.S.
Philip Angus
A senior officer of the
Department for Social Development

## Explanatory note

(This note is not part of the Regulations.)
These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 which prescribe diseases for which industrial injuries benefit is payable.
Regulation 2—
makes a consequential amendment to the definition of “primary carcinoma of the lung”;
provides, on a claim for disablement pension in respect of prescribed diseases D8 and D8A, that entitlement may arise from the first day a person suffers from a loss of faculty due to that disease and prescribes lung impairment caused by primary carcinoma of the lung as a loss of faculty from which the resulting disabilities are to be taken as amounting to 100 per cent. disablement;
amends prescribed disease C24 in Part I of Schedule 1 by substituting diseases C24 and C24A. Where due to exposure to vinyl chloride monomer, angiosarcoma of the liver, osteolysis of the finger-tips, sclerodermatous thickening of the skin of the hand, liver fibrosis and Raynaud’s phenomenon are each prescribed independently. Only work involving exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride before 1st January 1984 is prescribed in relation to Raynaud’s phenomenon;
amends prescribed disease D8 in Part I of Schedule 1 by substituting diseases D8 and D8A. The disease previously prescribed as D8 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; and
amends prescribed disease D9 in Part I of Schedule 1 so that the obliteration of the costophrenic angle is used in the diagnosis of the prescribed disease.
Regulation 3 makes transitional provision so that the amendments made to Schedule 1 by regulation 2(4)(a) and (c) do not apply to claims made before these Regulations come into operation.
Regulation 4 makes consequential revocations.
These Regulations correspond to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 7 of Schedule 5A to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2A) of that Act for prior reference to the Industrial Injuries Advisory Council.

---
Source: https://www.legislation.gov.uk/nisr/2006/96 (the official version)
Page: https://openlegislation.uk/social-security-industrial-injuries-prescribed-diseases-amendment-regulations-northern-ireland-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

