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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 37

SOCIAL SECURITY

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2005

  Made 15th February 2005 
  Coming into operation 14th March 2005 

The Department for Social Development, in exercise of the powers conferred by sections 108(2) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and section 5(1)(a) of the Social Security Administration (Northern Ireland) Act 1992[2], and now vested in it[3], and of all other powers enabling it in that behalf, being satisfied of the matters referred to in section 108(2)(a) and (b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 14th March 2005.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations
     2.  - (1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986[4] shall be amended in accordance with paragraphs (2) to (4) of this regulation.

    (2) In regulation 2(c) (prescription of diseases and injuries and occupations for which they are prescribed) the words after "to these regulations" shall be omitted.

    (3) In regulation 23(2)[5] (time for claiming benefit in respect of occupational deafness) the words after "prescribed in relation to occupational deafness" shall be omitted.

    (4) In Part I of Schedule 1 (list of prescribed diseases and the occupations for which they are prescribed) -

Transitional provision
     3. Regulation 2(4) 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.

Revocations
     4. Article 9(10) of the Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999[10] and regulation 2(3)(b) of the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2000[11] are hereby revoked.



Sealed with the Official Seal of the Department for Social Development on


15th February 2005.

L.S.


John O'Neill
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 ("the 1986 Regulations") which prescribe diseases for which industrial injuries benefit is payable.

Regulation 2(1) to (3) amends the 1986 Regulations in respect of concurrent employment in two or more occupations in relation to occupational deafness and deletes, with consequential changes, obsolete exceptions which relate to claims in respect of occupational deafness made before 3rd October 1984.

Regulation 2(4) amends Part I of Schedule 1 to the 1986 Regulations by adding osteoarthritis of the hip, Lyme disease and anaphylaxis to the list of prescribed diseases and adding to the description of allergic rhinitis and asthma. It also makes changes to the description of the occupations in relation to which anthrax, ankylostomiasis and hepatitis are prescribed diseases.

Regulation 3 makes transitional provision, so that the amendments to Part I of Schedule 1 to the 1986 Regulations 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.

These Regulations do not impose a charge on business.

Notes:

 [1] 1992 c. 7; section 171 was amended by paragraph 28 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)back

[2] 1992 c. 8back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] S.R. 1986 No. 179; relevant amending regulations are S.R. 1986 No. 270, S.R. 1989 No. 319, S.R. 1991 No. 414, S.R. 1993 No. 148, S.R. 1996 No. 57, S.R. 1999 No. 310 (C. 23), S.R. 2000 No. 214 and S.R. 2003 No. 388back

[5] Paragraph (2) was amended by regulation 2(3) of S.R. 2000 No. 214back

[6] Prescribed disease A12 was inserted by regulation 6(2) of S.R. 1993 No. 148back

[7] Prescribed disease B13 was inserted by regulation 2(2) of S.R. 1991 No. 414back

[8] Prescribed disease D4 was substituted by regulation 3(3)(d) of S.R. 1996 No. 57back

[9] Prescribed disease D7 was amended by regulation 2(2) of S.R. 1986 No. 270 and regulation 2(3) of S.R. 1991 No. 414back

[10] S.R. 1999 No. 310 (C. 23)back

[11] S.R. 2000 No. 214back


ISBN 0 337 95830 0


  © Crown copyright 2005

Prepared 22 February 2005

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