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2003 No. 388

SOCIAL SECURITY

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 2003

  Made 27th August 2003 
  Coming into operation 22nd September 2003 

The Department for Social Development, in exercise of the powers conferred by sections 108(2), 109(2) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and Articles 10(1), 11(3) and 74(1) and (4) of the Social Security (Northern Ireland) Order 1998[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 that Act, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 2003 and shall come into operation on 22nd September 2003.

    (2) The Interpretation Act 1978[
4] shall apply to these Regulations as it applies to an Act of the United Kingdom Parliament.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations
     2.  - (1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986[5] shall be amended in accordance with paragraphs (2) and (3) of this regulation.

    (2) For regulation 27 (period to be covered by assessment of disablement in respect of occupational deafness) there shall be substituted the following regulation -

    (3) In Part I of Schedule 1[6] (list of prescribed diseases and the occupations for which they are prescribed), in the entry relating to prescribed disease A10 for the entry in the second column (occupation) there shall be substituted -

Transitional Provision
     3.  - (1) Regulation 2(3) shall not apply to a period of assessment which relates to a claim which is made before the commencement date.

    (2) A provisional assessment of the extent of a claimant's disablement due to occupational deafness, which is in force immediately before the commencement date, shall, from the commencement date, have effect for the remainder of the claimant's life.

    (3) For the purposes of this regulation -

Revocations
     4. The Regulations specified in column (1) of the Schedule are hereby revoked to the extent mentioned in column (3).



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


27th August 2003.

L.S.


D. A. Baker
Senior Officer of the Department for Social Development


SCHEDULE
Regulation 4


REGULATIONS REVOKED


Column (1) Column (2) Column (3)
Citation Reference Extent of Revocation
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 S.R. 1986 No. 179 Regulations 28 to 31
The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 1987 S.R. 1987 No. 454 Regulation 2
The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 1994 S.R. 1994 No. 347 Regulation 4
The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 57 Regulation 3(3)(a)
The Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 S.R. 1999 No. 310 (C. 23) Article 9(12) to (14)



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 principal Regulations").

Regulation 2(2) provides for an assessment of disablement in respect of occupational deafness to have effect for the claimant's life. Regulation 2(3) revises the list of occupations in relation to which hearing loss is a prescribed disease.

Regulation 3 makes a transitional provision, so that the amendments to Schedule 1 of the principal Regulations do not apply to claims in respect of hearing loss made, or treated as 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 109(2) was amended by paragraph 47 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[2] S.I. 1998 No. 1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002back

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

[4] 1978 c. 30back

[5] S.R. 1986 No. 179; relevant amending regulations are S.R. 1987 No. 454, S.R. 1989 No. 319 and S.R. 1994 No. 347back

[6] Relevant amending regulations are S.R. 1987 No. 454, S.R. 1989 No. 319 and S.R. 1994 No. 347back

[7] S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 83, S.R. 1996 No. 354, S.R. 1997 No. 156, S.R. 2000 Nos. 215 and 365, S.R. 2001 Nos. 175 and 176 and S.R. 2002 No. 67back



ISBN 0 33795205 1


  © Crown copyright 2003

Prepared 4 September 2003


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