The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

Made: 14th March 1997

Coming into operation: 9th April 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 108(2), 109(2) and 171(1) to (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and sections 57(1), 60(1) and 165(1) and (4) of, and paragraph 2 of Schedule 3 to, the Social Security Administration (Northern Ireland) Act 1992[^f00002] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 and shall come into operation on 9th April 1997.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to a Measure of the Assembly.

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

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• (1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986[^f00004] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1(2) (interpretation) after the definition of “the Act” there shall be inserted the following definition—

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• (3) In regulation 18 (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) after paragraph (2) there shall be added the following paragraph—

(3) On a claim for disablement pension in respect of diffuse mesothelioma— (a) section 103(6) of the Contributions and Benefits Act shall apply as if for the words from “after the expiry” to the end there were substituted “the day on which he first suffers from a loss of faculty due to diffuse mesothelioma”; (b) paragraph 6(1) of Schedule 6 to the Contributions and Benefits Act shall apply as if the words “beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and” were omitted.

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

• (a) for the entry in the second column relating to the disease numbered D3 (diffuse mesothelioma) there shall be substituted the following entry—

Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.

• (b) in the entry in the first column relating to the disease numbered D8 (primary carcinoma of the lung) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) unilateral or bilateral diffuse pleural thickening extending to a thickness of 5 millimetres or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which— (i) in the case of unilateral diffuse pleural thickening, covers 50 per cent. or more of the area of the chest wall of the lung affected; or (ii) in the case of bilateral diffuse pleural thickening, covers 25 per cent. or more of the combined area of the chest wall of both lungs.

• (c) for the entry in the first column relating to the disease numbered D9 (bilateral diffuse pleural thickening) there shall be substituted the following entry—

D9. Unilateral or bilateral diffuse pleural thickening extending to a thickness of 5 millimetres or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which— (i) in the case of unilateral diffuse pleural thickening, covers 50 per cent. or more of the area of the chest wall of the lung affected; or (ii) in the case of bilateral diffuse pleural thickening, covers 25 per cent. or more of the combined area of the chest wall of both lungs.

• (d) for the entry relating to the disease numbered D12[^f00005] (chronic bronchitis and emphysema) there shall be substituted the following entry—

• (i) in the first column, the following disease—

D12. Except in the circumstances specified in regulation 2(d)— (a) chronic bronchitis; or (b) emphysema; or (c) both, where there is accompanying evidence of a forced expiratory volume in one second (measured from the position of maximum inspiration with the claimant making maximum effort) which is— (i) at least one litre below the mean value predicted in accordance with the 5th Edition 1994 of “Lung Function: Assessment and Application in Medicine” by J E Cotes[^f00006], for a person of the claimant’s age, height and sex; or (ii) less than one litre.

• (ii) in the second column, against the disease numbered D12—

Exposure to coal dust by reason of working underground in a coal mine for a period of, or periods amounting in the aggregate to, at least 20 years (whether before or after 5th July 1948) and any such period or periods shall include a period or periods of incapacity while engaged in such an occupation.

Amendment of the Social Security (Adjudication) Regulations

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• (1) The Social Security (Adjudication) Regulations (Northern Ireland) 1995[^f00007] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 46(1) (procedure on receipt of medical report) after “of paragraph (4)” there shall be inserted “and of regulation 47(1)”.

• (3) In regulation 47 (restriction of adjudication officer’s power to determine diagnosis and recrudescence questions) for paragraph (1) there shall be substituted the following paragraph—

(1) Where a diagnosis or recrudescence question is referred to one or more medical practitioners for report under regulation 45(1) and they consider that a disablement question arises they shall refer the diagnosis or recrudescence question and the disablement question to an adjudicating medical authority.

• (4) After regulation 48 (appeal against decision of adjudication officer) there shall be inserted the following regulation—

(48A) Where a diagnosis or recrudescence question is referred to an adjudicating medical authority that authority, upon determining the question referred— (a) may proceed to determine any diagnosis or recrudescence question which arises in connection therewith and any disablement question which arises in consequence thereof; and (b) where it is determined that the disease is a recrudescence of an attack to which an earlier decision of an adjudicating medical authority or a medical appeal tribunal relates, may proceed to review that earlier decision under the provisions of section 45(4) of the Administration Act.

Revocation

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Regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 1993[^f00008] is hereby revoked.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill — Assistant Secretary — 14th March 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 (“the Prescribed Diseases Regulations”) and the Social Security (Adjudication) Regulations (Northern Ireland) 1995 (“the Adjudication Regulations”) by—

• providing that entitlement may arise from the first day a person suffers from a loss of faculty due to diffuse mesothelioma (regulation 2(3));

• amending the occupational prescription in respect of disease number D3 (diffuse mesothelioma) to include exposure to asbestos, asbestos dust and admixtures of asbestos at levels above those found in the environment at large (regulation 2(4)(a));

• changing the description of diseases D8 (primary carcinoma of the lung) and D9 (bilateral diffuse pleural thickening) so as to require either unilateral or bilateral diffuse pleural thickening extending to a defined thickness and measured in a specified manner in either or both lungs (regulation 2(4)(b) and (c));

• changing the description of disease D12 (chronic bronchitis and emphysema) to remove the requirement for evidence of an X-ray and amending the occupational prescription to include periods of incapacity while engaged in the occupation of working underground in a coal mine in the specified period of service (regulation 2(4)(d));

• modifying the provisions for the reference of diagnosis, recrudescence and disablement questions to an adjudicating medical authority and for the determination of those questions (regulation 3(3) and (4));

• making consequential and drafting amendments (regulations 2(2) and 3(2));

• making a consequential revocation (regulation 4).

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: 1992 c. 8

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1986 No. 179; relevant amending regulations are S.R. 1986 No. 340, S.R. 1987 No. 116 and S.R. 1993 Nos. 148 and 350

[^f00005]: Prescribed Disease D12 was inserted by regulation 7 of S.R. 1993 No. 350

[^f00006]: Published at Oxford by Blackwell Scientific Publications Limited (ISBN 0-632-03926-9)

[^f00007]: S.R. 1995 No. 293, to which there are amendments not relevant to these regulations

[^f00008]: S.R. 1993 No. 350