
PART I
1 

(1) These regulations may be cited as the
Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
and shall come into operation on 31st July 1985.
(2) In these regulations, unless the context
otherwise requires—
 “the Act”
means the Social Security
Act 1975;
 “the Workmen's Compensation
Acts” means the Workmen's Compensation
Acts 1925 to 1945, or the enactments repealed by the 
Workmen's Compensation Act 1925, or the enactments
repealed by the Workmen's Compensation
Act 1906;
 “the Adjudication Regulations”
 means the 
Social Security (Adjudication) Regulations 1984;
 “the Benefit Regulations”
 means the 
Social Security (General Benefit) Regulations 1982;
 “the Claims and Payments Regulations”
 means the 
Social Security (Claims and Payments) Regulations 1979;
 “asbestosis”
means fibrosis of the parenchyma of the lungs due to
the inhalation of asbestos dust;
 “asbestos textiles”
means yarn or cloth composed of asbestos or of asbestos
mixed with any other material;
 “coal mine”
means any mine where one of the objects of the mining
operations is the getting of coal (including bituminous coal, cannel coal,
anthracite, lignite, and brown coal);
 “diffuse mesothelioma”
 means the disease numbered D3 in 
Part I of Schedule 1 to these regulations;

 “employed earner”
means employed earner for the purposes of industrial
injuries benefit and the term “employed
earner's employment” shall be construed
accordingly;
 “foundry”
means those parts of industrial premises where the production
of metal articles (other than pig iron or steel ingots) is carried on by casting
(not being diecasting or other casting in metal moulds), together with any
part of the same premises where any of the following processes are carried
on incidentally to such production, namely, the drying and subsequent preparation
of sand for moulding (including the reclamation of used moulding sand), the
preparation of moulds and cores, knock-out operations and dressing or fettling
operations;
 “grindstone”
means a grindstone composed of natural or manufactured
sandstone and includes a metal wheel or cylinder into which blocks of natural
or manufactured sandstone are fitted;
 “a local office”
means any office appointed by the Secretary of State
as a local office for the purposes of the Act or of these regulations;
 “lung cancer”
means the disease numbered D8 in 
Part I of Schedule 1 to these regulations;

 “medical board” has the same meaning as in regulation
30 of the Adjudication Regulations;
 “mine” includes every shaft in the course of being sunk, and every level
and inclined plane in the course of being driven, and all the shafts, levels,
planes, works, tramways and sidings, both below ground and above ground, in
and adjacent to and belonging to the mine, but does not include any part of
such premises on which any manufacturing process is carried on other than
a process ancillary to the getting or dressing of minerals or the preparation
of minerals for sale;
 “occupational asthma”
 means the disease numbered D7 in 
Part I of Schedule 1 to these regulations;

 “occupational deafness”
 means the disease numbered A10 in 
Part I of Schedule 1 to these regulations;

 “the old regulations”
 means the 
Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980
, as amended by the 
Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations
1980, the 
Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations
1982 and the 
Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No.
2) Regulations 1982;
 “prescribed disease”
 means a disease or injury prescribed
under Part II
of these regulations, and references to a prescribed disease being contracted
shall be deemed to include references to a prescribed injury being received;

 “the Secretary of State”
 means the Secretary of State for Social
Services;
 “silica rock”
means quartz, quartzite, ganister, sandstone, gritstone
and chert, but not natural sand or rotten rock;
 “special medical board”
 has the same meaning as in 
regulation 30 of the Adjudication Regulations;

 “tuberculosis”
in the description of the disease numbered B5 in 
Part I of Schedule 1 to these regulations means disease due to tuberculous infection, but when used elsewhere in
these regulations in connection with pneumoconiosis means tuberculosis of
the respiratory system only;and other expressions have the same meanings as in the Act.
(3) Unless the context otherwise requires,
any reference in these regulations—
(a) to a numbered section or Schedule is
to the section of or, as the case may be, the Schedule to the Act bearing
that number; and
(b) to a numbered regulation is a reference
to the regulations bearing that number in these regulations, and any reference
in a regulation to a numbered paragraph is a reference to the paragraph of
that regulation bearing that number; and
(c) to any provision made by or contained
in any enactment or instrument shall be construed as including a reference
to any provision which it re-enacts or replaces, with or without modification.

PART II
2 
For the purposes of Chapter V of Part
II of the Act—
(a) subject to 
paragraphs (b) and (c)
of this regulation and to regulation 43(3), 
(5) and (6),
each disease or injury set out in the first column of 
Part I of Schedule 1 hereto is prescribed in
relation to all persons who have been employed on or after 5th July 1948 in
employed earner's employment in any occupation set against such disease or
injury in the second column of the said Part;
(b) pneumoconiosis is prescribed—
(i) in relation to all persons who have been
employed on or after 5th July 1948 in employed earner's employment in any
occupation set out in Part II
of the said Schedule; and
(ii) in relation to all other persons who
have been so employed in any occupation involving exposure to dust and who
have not worked at any time (whether in employed earner's employment or not)
in any occupation in relation to which pneumoconiosis is prescribed by virtue
of regulations (apart from this sub-paragraph) in force—(a) in the case of any claim for disablement
benefit or a claim for death benefit in respect of the death of a person to
whom disablement benefit has been awarded in respect of pneumoconiosis, on
the date of the claim for disablement benefit;(b) in the case of a claim for death benefit
in respect of the death of any other person, on the date of the death of that
person;
(c) occupational deafness is prescribed in
relation to all persons who have been employed in employed earner's employment—

(i) at any time on or after 5th July 1948;
and
(ii) for a period or periods (whether before
or after 5th July 1948) amounting in the aggregate to not less than 10 years
in one or more of the occupations set out in the second column
of paragraph A10 of Part I of Schedule 1
to these regulations and in the case of a person who during such period as
is specified above has been concurrently employed in two or more of the occupations
described in sub-paragraphs (a), 
(b), (d), 
(e), (f), 
(g) and (h) of the said paragraph A10
 those occupations shall be treated as a single
occupation for the purposes of determining whether that person has been employed
wholly or mainly in work described in those sub-paragraphs.
3 
Where a person—
(a) is or was in employed earner's employment
and a disease is or was prescribed under the Act and these regulations in
relation to him in such employment; and
(b) is suffering from a condition which,
in his case, has resulted from that disease;
the provisions of Chapter V
of Part II of the Act and of these regulations
shall apply to him as if he were suffering from that disease, whether or not
the condition from which he is suffering is itself a prescribed disease.
4 

(1) Where a person has developed a disease
which is prescribed in relation to him in Part
I of Schedule 1 hereto, other than the disease
numbered A10, B5, D1, D2, D4 and D5 in that Schedule, that disease shall,
unless the contrary is proved, be presumed to be due to the nature of his
employed earner's employment if that employment was in any occupation set
against that disease in the second column of the said Part and he was so employed
on, or at any time within one month immediately preceding, the date on which,
under the subsequent provisions of these regulations, he is treated as having
developed the disease.
(2) Where a person in relation to whom tuberculosis
is prescribed in paragraph B5 of Part I of Schedule
1 hereto develops that disease, the disease
shall, unless the contrary is proved, be presumed to be due to the nature
of his employed earner's employment if the date on which, under the subsequent
provisions of these regulations, he is treated as having developed the disease
is not less than 6 weeks after the date on which he was first employed in
any occupation set against the disease in the second column of the said Part
and not more than 2 years after the date on which he was last so employed
in employed earner's employment.
(3) Where a person in relation to whom pneumoconiosis
is prescribed in regulation 2(b)(i)
develops pneumoconiosis, the disease shall, unless the contrary is proved,
be presumed to be due to the nature of his employed earner's employment if
he has been employed in one or other of the occupations set out in 
Part II of the said Schedule 1 for a period
or periods amounting in the aggregate to not less than 2 years in employment
which either—
(a) was employed earner's employment; or

(b) would have been employed earner's employment
if it had taken place on or after 5th July 1948.
(4) Where a person in relation to whom byssinosis
is prescribed in paragraph D2 of Part I of Schedule
1 hereto develops byssinosis, the disease shall,
unless the contrary is proved, be presumed to be due to the nature of his
employed earner's employment.
(5) Where a person in relation to whom occupational
deafness is prescribed in regulation 2(c)
develops occupational deafness the disease shall, unless the contrary is proved,
be presumed to be due to the nature of his employed earner's employment.
PART III
5 
If on a claim for benefit under 
Chapter V of Part II of the Act in respect
of a prescribed disease a person is found to be or to have been suffering
from the disease, or to have died as the result thereof, the disease shall,
for the purposes of such claim, be treated as having developed on a date (hereafter
in these regulations referred to as “the date
of onset”) determined in accordance with the provisions
of the next 2 following regulations.
6 

(1) For the purposes of the first claim in
respect of a prescribed disease suffered by a person, the date of onset shall
be determined in accordance with the following provisions of this regulation,
and, save as provided in regulation 7,
that date shall be treated as the date of onset for the purposes of any subsequent
claim in respect of the same disease suffered by the same person, so however
that—
(a) subject to the provisions of 
section 117(4), as modified by 
paragraph 1 of Schedule 3 to the Adjudication
Regulations, any date of onset determined for the purposes of that claim shall
not preclude fresh consideration of the question whether the same person is
suffering from the same disease on any subsequent claim for or award of benefit;
and
(b) if, on the consideration of a claim,
no award of benefit is made, any date of onset determined for the purposes
of that claim shall be disregarded for the purposes of any subsequent claim.

(2) Where the claim for the purposes of which
the date of onset is to be determined is—
(a) a claim for sickness benefit made by
virtue of section 50A
of the Act by a person to whom 
regulation 8(1) applies (except in respect
of pneumoconiosis, byssinosis, diffuse mesothelioma, occupational deafness,
occupational asthma, lung cancer or bilateral diffuse pleural thickening)
the date of onset shall be the first day on which the claimant was incapable
of work as the result of the disease on or after 5th July 1948;
(b) a claim for disablement benefit (except
in respect of occupational deafness), the date of onset shall be the day on
which the claimant first suffered from the relevant loss of faculty on or
after 5th July 1948; and the date of onset so determined shall be the date
of onset for the purposes of a claim for sickness benefit made by virtue of 
section 50A of the Act in respect of pneumoconiosis,
byssinosis, diffuse mesothelioma, occupational asthma, lung cancer or bilateral
diffuse pleural thickening;
(c) a claim for disablement benefit in respect
of occupational deafness, the date of onset shall be the day on which the
claimant first suffered from the relevant loss of faculty on or after 3rd
February 1975; or, if later—
(i) 3rd September 1979 in the case of a claim
made before that date which results in the payment of benefit commencing on
that date, and
(ii) in any other case, the date on which
such claim is made as results in the payment of benefit; or
(d) a claim for death benefit, the date of
onset shall be the date of death.
7 

(1) If a person after having been awarded
benefit in respect of a prescribed disease other than pneumoconiosis, byssinosis,
diffuse mesothelioma, occupational deafness, occupational asthma, lung cancer
or bilateral diffuse pleural thickening suffers from another attack of the
same disease, or dies as a result thereof, then—
(a) if the further
attack commences or the death occurs during a period taken into account by
an assessment of disablement relating to such a previous award (which period
is in this regulation referred to as a “relevant
period”) the disease shall be treated as a recrudescence
of the attack to which the relevant period relates, unless it is otherwise
determined in the manner referred to in the following sub-paragraph;
(b) if the further attack commences or the
death occurs otherwise than during a relevant period, or if it is determined
in the manner provided in Part IX
of the Adjudication Regulations that the disease was in fact contracted afresh,
it shall be treated as having been so contracted.
(2) For the purposes of 
paragraph (1), a further attack of a prescribed
disease shall be deemed to have commenced on the date on which the person
concerned was first incapable of work or first suffered from the relevant
loss of faculty, whichever is earlier, as a result of that further attack.

(3) Where, under the foregoing provisions
of this regulation, a disease is treated as having been contracted afresh,
the date of onset of the disease in relation to the fresh contraction shall
be the date on which the person concerned was first incapable of work or first
suffered from the relevant loss of faculty, whichever is earlier, as a result
of the further attack, or in the event of his death, the date of death.
(4) Where, under the provisions aforesaid,
a disease is treated as a recrudescence, any assessment of disablement in
respect of the recrudescence during a period taken into account by a previous
assessment of disablement shall be by way of review of the assessment relating
to the relevant period, and the review shall be subject to the provisions
of regulation 49
of the Adjudication Regulations.
(5) This regulation shall not apply in relation
to a claim for sickness benefit made by virtue of 
section 50A of the Act except where such a
claim is made by a person to whom regulation
8(1) applies.
8 

(1) If under the foregoing provisions of
this Part of these regulations a date of onset has to be determined for the
purposes of a claim for benefit in respect of a prescribed disease, other
than pneumoconiosis or byssinosis, suffered by a person to whom compensation
under the Workmen's Compensation Acts has been awarded or paid in respect
of the same disease and, at the date of such claim for benefit, or, if it
is a claim for death benefit, at the date of death—
(a) that person was in receipt of weekly
payments in respect of such compensation; or
(b) any liability or alleged liability for
such compensation had been redeemed by the payment of a lump sum, or had been
the subject of a composition agreement under the provisions of the said Acts;
the disease in respect of which the claim is made shall be treated
for the purposes of these regulations as a recrudescence of the disease in
respect of which such compensation was awarded or paid and not as having developed
on or after 5th July 1948 unless it is determined in the manner provided in 
Part IX of the Adjudication Regulations that
the disease was in fact contracted afresh.
(2) If it is determined as provided in the
foregoing paragraph that the disease was contracted afresh, or if compensation
is not being or has not been paid as provided in 
sub-paragraph (a) or (b)
thereof, the date of onset shall be determined in accordance with regulations 5 to 7 as if no compensation
under the Workmen's Compensation Acts had been paid in respect of that disease.

(3) If the date of onset has to be determined
as aforesaid in respect of pneumoconiosis or byssinosis suffered by a person
to whom compensation has been awarded or paid in respect of the same disease
or in respect of whose death compensation has been awarded or paid under the
provisions of any scheme made under the provisions of the Workmen's Compensation
Acts relating to compensation for silicosis, asbestosis, pneumoconiosis or
byssinosis, the disease in respect of which the claim is made shall (subject
to the provisions of regulation 9(2)(b))
be treated for the purposes of these regulations as not having developed on
or after 5th July 1948.
(4) If, after the date of a claim for benefit
in respect of a prescribed disease, the claimant receives a weekly payment
of compensation in respect of that disease under the Workmen's Compensation
Acts which he was not receiving at the date of such claim, or if the amount
of any such weekly payment which he was receiving at that date is increased,
then any decision on any question arising in connection with that claim, if
given before the date of, or in ignorance of the fact of, the receipt of such
weekly payment or increased weekly payment, may be reviewed as if it had been
given in ignorance of a material fact, and on such review the question may
be decided as if the claimant had been in receipt of such weekly payment or
increased weekly payment at the date of the claim, and the foregoing provisions
of this regulation shall apply accordingly.
(5) For the purposes of this regulation,
a person shall be deemed to be, or to have been, in receipt of a weekly payment
of compensation if—
(a) he is or was in fact receiving such payment;
or
(b) he is or was entitled thereto under an
award or agreement made under the Workmen's Compensation Acts.
(6) This regulation shall apply to compensation
under any contracting out scheme duly certified under the Workmen's Compensation
Acts as it applies to compensation under those Acts.
9 

(1) Where a person—
(a) has been certified by a medical board
under the provisions of any scheme made under the provisions of the Workmen's
Compensation Acts to be suffering from silicosis or pneumoconiosis not accompanied
in either case by tuberculosis and has been awarded or paid compensation under
the provisions of any such scheme, and by reason of such certification has
been suspended from employment in any industry or process or in any particular
operation or work in any industry, and
(b) wishes to start work in employed earner's
employment in any occupation involving work underground in any coal mine,
or the working or handling above ground at any coal mine of any minerals extracted
therefrom, or any operation incidental thereto, being an occupation in which
he is allowed by certificate of the medical board under the provisions of
the scheme to engage,he shall, before starting any such work, submit himself under arrangements
made or approved by the Secretary of State for medical examination by a special
medical board.
(2) Where a person submits himself for medical
examination in accordance with the provisions of the foregoing paragraph,
the provisions of the Act and the regulations made thereunder shall apply
to him subject to the following modifications:—
(a) The special medical board shall determine
at what degree the extent of disablement resulting from pneumoconiosis at
the time of their examination would be assessed in his case, if that question
had been referred to them for determination by an adjudication officer on
consideration of a claim for disablement benefit, and the provisions of the
Act and of the Adjudication Regulations which relate to the determination
of disablement questions (other than the provisions relating to the review
of assessments on the ground of unforeseen aggravation) shall apply as if
the decision of the special medical board were a final assessment of the extent
of disablement.
(b) Where the extent of disablement has been
determined in his case in accordance with the provisions of the foregoing
sub-paragraph by a special medical board or a medical appeal tribunal, and
he starts any such work as is mentioned in the foregoing paragraph, the provisions
of regulation 38(a)
(periodical examinations) shall apply to him as if he were making a claim
for benefit in respect of pneumoconiosis, and the provisions of 
regulation 8(3) (pneumoconiosis shall in certain
cases be treated as not having developed on or after 5th July 1948) shall
cease to apply to him as from the date of starting such work.
(c) If, after having started work as aforesaid,
he makes a claim at any time for disablement benefit in respect of pneumoconiosis,
the extent of disablement in his case shall be assessed as if, to the extent
certified in the decision of the special medical board or medical appeal tribunal
given under sub-paragraph (a)
of this paragraph, his disabilities resulting from pneumoconiosis were contracted
before the date of onset and were not incurred as the result of the relevant
loss of faculty.
(d) A person to whom a disablement pension
is payable in respect of an assessment made in accordance with the provisions
of the last foregoing sub-paragraph and who requires constant attendance shall,
if the sum of that assessment and the assessment made in his case in accordance
with the provisions of sub-paragraph (a)
of this paragraph is not less than 100 per cent, have the like right to payments
in respect of the need of such constant attendance as if the disablement pension
were payable in respect of an assessment of 100 per cent.
(3) Where a person to whom 
sub-paragraph (a) of paragraph (1) applies
has started any such work as is mentioned in 
sub-paragraph (b) thereof without having submitted
himself for medical examination in accordance with the provisions of that
paragraph, he may nevertheless, at any time whilst he is engaged in any such
work, so submit himself for medical examination, and the provisions of the
foregoing paragraph shall, if he continues thereafter to be engaged in any
such work, apply to him as if he had started that work immediately after the
medical examination.
(4) The Secretary of State, in making or
approving any such arrangements for medical examination of any person as are
mentioned in paragraph (1)
shall, as far as possible, co-ordinate those arrangements with any arrangements
for medical examination of that person made or approved under 
Part V of these regulations or under the Workmen's
Compensation Acts.
PART IV
10 
In this Part of these regulations, unless the context otherwise
requires, the expression “relevant disease”
 means, in relation to any claim for
benefit in respect of a prescribed disease, the prescribed disease in respect
of which benefit is claimed, but does not include any previous or subsequent
attack of that disease, suffered by the same person, which, under the provisions
of Part III of
these regulations, is or has been treated— 
(a) as having developed on a date other than the date which, under
the said provisions, is treated as the date of onset for the purposes of the
claim under consideration;
(b) as a recrudescence of a disease
for which compensation has been paid or awarded under the Workmen's Compensation
Acts.
11 
The provisions of Chapters IV
and VI of Part II of the
Act which relate to industrial injuries benefit and sickness benefit made
by virtue of section 50A
of the Act shall, in relation to prescribed diseases, be subject to the following
provisions of this Part of these regulations, and, subject as aforesaid, to
the additions and modifications set out in Schedule
2 hereto.
12 

(1) Save in so far as they are expressly
varied or excluded by, or are inconsistent with, the provisions of this Part
of these regulations or of regulation 25
or 36, the Claims and Payments
Regulations and the Benefit Regulations shall apply in relation to prescribed
diseases as they apply in relation to accidents.
(2) Save as provided in this Part of these
regulations or where the context otherwise requires, references in the aforesaid
regulations to accidents shall be construed as references to prescribed diseases,
references to the relevant accident shall be construed as references to the
relevant disease, references to the date of the relevant accident shall be
construed as references to the date of onset of the relevant disease, and
in regulation 17
of the Benefit Regulations (increase of disablement pension in cases of special
hardship), the reference to the effects of the relevant injury shall be construed
as a reference to the effects of the relevant disease.
13 
Benefit shall not be payable by virtue of the provisions of these
regulations in respect of the incapacity, disablement or death of any person
as a result of any disease, if an award of benefit under the provisions of
any Scheme made under the 
Industrial Injuries and Diseases (Old Cases) Act 1975
(not being an award which is subsequently reversed on review) has at any time
been made in respect of any attack of the disease suffered by him, or in respect
of his death.
14 
For section 50(5)
(accidents happening outside Great Britain) there shall be substituted the
provision that, subject to the provisions of 
sections 129, 131
and 132, for the purpose
of determining whether a prescribed disease is, or, under the provisions of 
Part II of these regulations is to be presumed
to be, due to the nature of the person's employed earner's employment, that
person shall be regarded as not being or as not having been in employed earner's
employment during any period for which he is or was outside Great Britain,
and accordingly benefit shall not be payable in respect of a prescribed disease
which is due to the nature of employment in an occupation in which the person
has only been engaged outside Great Britain.
15 
For the purposes of paragraph 1(b)
of Schedule 8 (disabilities to be taken into account in
assessing the extent of the claimant's disablement) and of 
regulation 11 of the Benefit Regulations (which
further defines the principles of assessment of disablement), an injury or
disease other than the relevant disease shall be treated as having been received
or contracted before the relevant disease if it was received or contracted
on or before the date of onset, and as having been received or contracted
after the relevant disease if it was received or contracted after that date.

16 

(1) Section
73 (the entitlement to death benefit of a woman
having the care of a child or children in respect of whom the deceased was
entitled to child benefit) shall have effect as if for references to the date
of the relevant accident there were substituted references to the relevant
date.
(2) For the purposes of the last foregoing
paragraph, the relevant date means the date of onset of the relevant disease,
or the first day of the period of 26 weeks ending with the date of death,
whichever is the later.
17 
Where a person who is or has been awarded disablement benefit in
respect of a prescribed disease establishes that he has abandoned any occupation
as a result of the relevant disease at any time after having been employed
in employed earner's employment in any occupation prescribed for that disease
but before the first day for which he is or has been awarded disablement benefit
in respect of that disease, then for the purpose of determining his right
to, or the rate of, an increase of that benefit under 
section 60 (increase of disablement benefit
for special hardship), any occupation he has so abandoned may be treated as
his regular occupation for the purposes of section
60.
18 
Regulation 24
of the Claims and Payments Regulations (giving of notice of accidents in respect
of which benefit may be payable) shall not apply in relation to prescribed
diseases.
19 
Those provisions of section 89(1)
 and (2)
which relate to the obligation of claimants to submit themselves to medical
examination for the purpose of determining the effect of the relevant accident
shall apply also to medical examinations for the purpose of determining whether
a claimant or beneficiary is suffering or has suffered from a prescribed disease,
and regulation 26
of the Claims and Payments Regulations shall be construed accordingly.
PART V
SECTION A
20 

(1) No disablement gratuity shall be payable
in respect of pneumoconiosis, byssinosis or diffuse mesothelioma, but if in
any case the extent of disablement is such that, when assessed in accordance
with section 57
(disablement benefit), it amounts to less than 20 per cent, the beneficiary
shall, subject to the proviso to section 57(6)
, be entitled to a disablement pension for
the period taken into account by the assessment, payable, if such assessment
does not exceed 10 per cent, at the weekly rate specified in 
Schedule 4 to the Benefit Regulations (rate
of disablement pension payable in lieu of disablement gratuity) for a degree
of disablement of less than 11 per cent but not less than 6 per cent, and
in any other case at the weekly rate so specified for a degree of disablement
of less than 20 per cent but not less than 16 per cent.
(2) Section
78(4)(b), in so far as it provides that disablement
benefit shall not be payable in respect of byssinosis unless the claimant
is found to be suffering from loss of faculty which is likely to be permanent,
shall not apply.
(3) Notwithstanding 
paragraph 4(a) of Schedule 8 (period to be
taken into account by an assessment of the extent of the claimant's disablement),
the period to be taken into account by an assessment of the extent of the
claimant's disablement in respect of byssinosis, if not limited by reference
to the claimant's life, shall not be less than one year.
21 
Where any person is found to be suffering from
pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis
shall be treated for the purposes of Chapter
V of Part II of the Act and of these regulations
as if they were effects of the pneumoconiosis.
22 

(1) Where any person is disabled by pneumoconiosis
or pneumoconiosis accompanied by tuberculosis to an extent which would, if
his physical condition were otherwise normal, be assessed at not less than
50 per cent, the effects of any emphysema and of any chronic bronchitis from
which that person is found to be suffering shall be treated for the purposes
of Chapter V of Part II
of the Act and of these regulations as if they were effects of the pneumoconiosis.

(2) Where, on a claim for death benefit,
the question arises whether the extent of a person's disablement resulting
from pneumoconiosis or from pneumoconiosis accompanied by tuberculosis would,
if his physical condition were otherwise normal, have been assessed at not
less than 50 per cent—
(a) if there has been no assessment of disablement
resulting from pneumoconiosis or from pneumoconiosis accompanied by tuberculosis
made during the person's life, or if there is no such assessment current at
the time of death, that question shall be determined by a medical board and
the provisions of the Act shall apply as if such question were a disablement
question;
(b) if there is an assessment of disablement
resulting from pneumoconiosis or from pneumoconiosis accompanied by tuberculosis
current at the time of the person's death, that question shall be treated
as having been determined by the decision of the medical board or medical
appeal tribunal, as the case may be, which made such assessment.
23 
Where a beneficiary in receipt of a disablement
pension in respect of pneumoconiosis receives advice from a special medical
board that in consequence of the disease he should not follow his regular
occupation unless he complies with certain special restrictions as to the
place, duration or circumstances of his work, or otherwise, then for the purpose
of determining whether he fulfils the conditions laid down in 
section 60(1) (increase of disablement pension
for special hardship) and for that purpose only—
(a) the beneficiary shall be deemed, unless
the contrary is proved by evidence other than the aforesaid advice—

(i) to be incapable of following his regular
occupation and likely to remain permanently so incapable, and
(ii) to be incapable of following employment
of an equivalent standard which is suitable in his case;
(b) where the beneficiary has ceased to follow
any occupation to which the aforesaid special restrictions were applicable,
the fact that he had followed such an occupation in the period between the
date of onset of the disease and the date of the current assessment of his
disablement, or for a reasonable period of trial thereafter, shall be disregarded.

24 

(1) Part IX
 of the Adjudication Regulations shall apply
to any claim for disablement benefit in respect of pneumoconiosis by a person
in relation to whom the disease is prescribed by virtue of 
regulation 2(b)(ii) subject to the modification
that if the claimant fails to show to the satisfaction of the adjudication
officer that there is reasonable cause for suspecting that the claimant is
suffering or has suffered from the disease the adjudication officer shall
on that ground, and without referring the diagnosis question as provided in 
regulation 43(2) of the Adjudication Regulations,
determine that an award cannot be made.
(2) The provisions of the last foregoing
paragraph shall apply to a social security appeal tribunal and a Commissioner
as they apply to the adjudication officer.
25 

(1) Regulation
14 of the Claims and Payments Regulations (time
for claiming benefit) shall not apply in relation to occupational deafness
except in relation to a claim for sickness benefit payable by virtue of 
section 50A.
(2) Subject to 
regulation 27(1)(c), disablement benefit, or
sickness benefit payable by virtue of section
50A of the Act, shall not be paid in pursuance
of a claim in respect of occupational deafness which is made later than 5
years after the latest date, before the date of the claim, on which the claimant
worked in an occupation prescribed in relation to occupational deafness unless—

(a) the claimant has been employed in one
or more of the occupations so prescribed for a period or periods amounting
in aggregate to not less than 10 years, and
(b) that period or the last of those periods
ended on or after 8th October 1977, and
(c) the claim is made within the period of
one year beginning on 3rd October 1983, and
(d) either—
(i) the claimant, not being a person to whom 
regulation 27(1)(c) applies, has not within
the period of 3 years before the claim was made previously made a claim which
was disallowed because he was not suffering from occupational deafness, or

(ii) where a previous claim was made by him,
a medical board or a medical appeal tribunal have not within the period of
3 years before the claim was made reassessed the extent of his disablement
at less than 20 per cent.
26 
Where it appears that a person who has made
a claim for sickness benefit by virtue of section
50A of the Act in respect of occupational deafness—

(a) may be entitled to disablement benefit,
and
(b) has not previously made a claim for disablement
benefit in respect of occupational deafness or such a previous claim has been
disallowed,
such a claim for sickness benefit may also be treated as
a claim for disablement benefit.
27 

(1) In the event of disallowance of a claim
for disablement benefit or sickness benefit made by virtue of 
section 50A of the Act in respect of occupational
deafness because the claimant has failed to satisfy the minimum hearing loss
requirement prescribed in column 1 of paragraph
A10 of Part I of Schedule 1 hereto, disablement
benefit or sickness benefit made by virtue of 
section 50A of the Act shall not be paid in
pursuance of a further claim in respect of occupational deafness made by or
on behalf of that claimant unless—
(a) it is a claim made after the expiration
of 3 years from the date of a claim which was disallowed because the claimant
was not suffering from occupational deafness; or
(b) it is a claim made after the expiration
of 3 years from the date of a reassessment by a medical board or medical appeal
tribunal of the extent of the claimant's disablement at less than 20 per cent;
or
(c) if the claimant would otherwise be precluded
by regulation 25(2)
from making a further claim after the expiration of 3 years from the date
of the disallowed claim or from the date of a reassessment by a medical board
or a medical appeal tribunal of the extent of his disablement at less than
20 per cent, as the case may be, it is the first claim made since that date
and within 5 years from the latest date, before the date of the claim, on
which he worked in any occupation specified in 
column 2 of paragraph A10 of Part I of Schedule I
hereto.
(2) A claim to be paid
benefit by virtue of paragraph (1)(c)
may be disallowed by the adjudication officer, social security appeal tribunal
or Commissioner, as the case may be (hereinafter called 
“the determining authority”), without referring
the disablement question to a medical board or medical appeal tribunal where
the determining authority is satisfied from the medical evidence given on
the disallowed claim that the claimant is not suffering from occupational
deafness.
28 
Where a person is awarded disablement benefit
in respect of occupational deafness, section
57(4) (period for which disablement benefit
is not available) shall not apply.
29 
Subject to the proviso to 
section 57(6) (cessation of pension on death
of beneficiary)—
(a) every initial assessment of the extent
of a claimant's disablement in respect of occupational deafness shall be a
provisional assessment and the period to be taken into account by such an
assessment shall be a period of 5 years;
(b) the period to be taken into account by
any subsequent reassessment of the extent of the claimant's disablement in
respect of occupational deafness, if not limited by reference to the claimant's
life, shall not be less than 5 years.
30 

(1) The provisions of 
section 110(2) (review of assessment in case
of unforeseen aggravation) shall not apply to an assessment of the extent
of disablement in respect of occupational deafness until after the expiration
of 5 years from the date of commencement of the period taken into account
by that assessment.
(2) The provisions of 
section 110(2) shall not apply to an assessment
of the extent of disablement in respect of occupational deafness which is
less than 20 per cent.
31 
Subject to the provisions of 
regulation 30 and notwithstanding the provisions
of section 110(5)
(leave of medical appeal tribunal required to review assessment in certain
cases), a life assessment in respect of occupational deafness made by a medical
board or a medical appeal tribunal shall not be reviewed in accordance with 
section 110(2) (review of assessment in case
of unforeseen aggravation) without leave of a medical appeal tribunal, and
in the case of a provisional assessment in respect of occupational deafness
no such leave shall be required.
32 
Notwithstanding 
section 109(2), but subject to the provisions
of section 109(3),
no appeal shall lie against an initial provisional assessment of the extent
of disablement in respect of occupational deafness.
33 
Where in any case the extent of disablement
in respect of occupational deafness has been provisionally assessed at 20
per cent or more and on any reassessment the extent of disablement in respect
of occupational deafness is assessed at less than 20 per cent that assessment
shall be final.
34 

(1) Subject to the provisions of 
Schedule 8 and regulations made thereunder
and the following provisions of this regulation, the first assessment of the
extent of disablement in respect of occupational deafness made in pursuance
of a claim made before 3rd September 1979 by a person to whom disablement
benefit in respect of occupational deafness is payable for a period before
3rd September 1979 shall be the percentage calculated by applying the formula
set out in Part III of Schedule 3
hereto to the percentages specified in column
2 of Part I of that Schedule opposite the appropriate
amount of hearing loss in the better ear and the worse ear respectively specified
in column 1 of that Schedule, being the total hearing loss due to all causes,
measured in each case by pure tone audiometry over the 1, 2 and 3 kHz frequencies.

(2) Except in any case to which 
paragraph (1) applies and subject to the provisions
of Schedule 8
and regulations made thereunder and the following provisions of this regulation,
the extent of disablement in respect of occupational deafness shall be assessed
at the percentage calculated by applying the formula set out in 
Part III of Schedule 3 hereto to the percentages
specified in column 2 of Part II
of that Schedule opposite the appropriate amount of hearing loss in the better
ear and the worse ear respectively specified in column 1 of that Schedule,
being the total hearing loss due to all causes, measured in each case by pure
tone audiometry over the 1, 2 and 3 kHz frequencies.
(3) In this regulation and in 
Schedule 3 hereto 
“better ear” means that ear
in which the claimant's hearing loss due to all causes is the less
and “worse ear” means that ear in which the claimant's hearing loss due to all causes
is the more.
(4) The extent of disablement in respect
of occupational deafness may be subject to such increase or reduction of the
degree of disablement as may be reasonable in the circumstances of the case
where, having regard to the provisions of Schedule
8 and to regulations made thereunder, that
degree of disablement does not provide a reasonable assessment of the extent
of disability resulting from the relevant loss of faculty.
(5) Where on reassessment of the extent of
disability in respect of occupational deafness the sensorineural hearing loss
is less than 50dB in each ear, being due in the case of at least one ear to
occupational noise, the extent of disablement shall be assessed at less than
20 per cent.
(6) Where the extent of disablement is reassessed
at less than 20 per cent disablement benefit shall not be payable.
(7) In the case of a person to whom disablement
benefit by reason of occupational deafness was payable in respect of a period
before 3rd September 1979—
(a) if no assessment of the extent of his
disability has been made, reviewed or varied on or after that date, the rate
of any disablement benefit payable to him shall be the rate payable for the
degree of disablement assessed in accordance with 
paragraph (1), but
(b) if such an assessment has been made,
reviewed or varied in respect of a period commencing on or after that date
and before 3rd October 1983, the rate of any disablement benefit payable to
him shall be either—
(i) the rate which would by payable if an
assessment were made in accordance with paragraph
(2), or
(ii) the rate which was payable immediately
before the first occasion on which such review or variation took place,whichever is the more favourable to him.
(8) Where in the case of a person to whom
disablement benefit by reason of occupational deafness was payable in respect
of a period before 3rd September 1979 the extent of his disability is reassessed
and the period taken into account on reassessment begins on or after 3rd October
1983 and—
(a) immediately before that date, by virtue
of paragraph (7)
the rate at which disablement benefit was payable to him was higher than the
rate which would otherwise have been payable, or,
(b) the reassessment is the first reassessment
for a period commencing after 3rd September 1979,the rate of disablement benefit payable to him shall be whichever
of the rates specified in paragraph (9)
is applicable.
(9) The rate of disablement benefit payable
in the case of a person to whom paragraph (8)
 applies shall be—
(a) if the current rate appropriate to the
extent of his disability as reassessed is the same as or more than the rate
at which disablement benefit was payable immediately before the beginning
of the period taken into account on reassessment, the current rate, or
(b) if the current rate is less than the
rate at which disablement benefit was payable immediately before the beginning
of the period taken into account on reassessment, the lower of the following
rates—
(i) the rate at which benefit would have
been payable if the reassessment of the extent of his disability had been
made in accordance with paragraph (1),
or
(ii) the rate at which benefit was payable
immediately before the beginning of the period taken into account on reassessment.

35 
Notwithstanding the provisions of 
section 108 and Schedule 8,
the period to be taken into account by an assessment of the extent of disablement
in respect of occupational deafness shall not commence before 3rd February
1975.
36 

(1) Subject to 
paragraphs (2) and (3),
disablement benefit and sickness benefit payable by virtue of 
section 50A shall not be paid in pursuance
of a claim in respect of occupational asthma which is made later than 10 years
after the latest date, before the date of the claim, on which the claimant
or, as the case may be, the person in respect of whom the claim is made worked
in an occupation prescribed in relation to occupational asthma.
(2) Paragraph
(1) shall not apply to any claim made before
29th March 1983 by or in respect of a person who ceased on or after 29th March
1972 to be employed in an occupation prescribed in relation to occupational
asthma.
(3) Paragraph
(1) shall not apply to any claim made by or
in respect of a person who has at any time been found to be suffering from
asthma as a result of an industrial accident and by virtue of that finding
has been awarded disablement benefit either for life or for a period which
includes the date on which the aforesaid claim is made.
(4) Subject to 
paragraphs (5) and (6),
industrial death benefit shall not be paid in pursuance of a claim in respect
of occupational asthma where the person in respect of whose death the benefit
is being claimed died more than 10 years after the latest day on which he
worked in an occupation prescribed in relation to occupational asthma.
(5) Paragraph
(4) shall not apply to any claim made in respect
of the death of a person who died before 29th March 1983 and who on or after
29th March 1972 had not worked in an occupation prescribed in relation to
occupational asthma.
(6) Paragraph
(4) shall not apply to any claim made in respect
of the death of a person who had at any time been found to be suffering either
from asthma as a result of an industrial accident or from occupational asthma
and by virtue of that finding had been awarded disablement benefit either
for life or for a period which included the date of his death.
(7) Regulation
14 of the Claims and Payments Regulations (time
for claiming benefit) shall not apply to a claim in respect of occupational
asthma made before 29th March 1983.
SECTION B
37 

(1) Where any person
is, on or after 5th July 1948, engaged for employment in any occupation specified
in paragraph (3),
or is transferred by his employer to such employment, he shall submit himself,
before the end of the second month of such new employment, for medical examination
(hereafter in these regulations referred to as an 
“initial examination”) under arrangements made
or approved by the Secretary of State, so however that a person who— 
(a) being 21 years of age or over, has been employed,
within the 3 years previous to such engagement or transfer, in that occupation
or in some other occupation specified in paragraph
(3); or

(b) being under 21 years of age,
has previously submitted himself for medical examination as aforesaid and
has been found on such examination to satisfy the requirements with respect
to physique set out in paragraph (2),

 shall not be required to submit himself to an initial examination
under the provisions of this paragraph.
(2) For the purposes of the foregoing paragraph
of this regulation, the requirements with respect to physique shall be that
the person is not suffering from any of the following conditions, namely:—

(a) Tuberculosis of any organ, active or
inactive, except a healed pulmonary primary focus.
(b) Pneumoconiosis or other marked pulmonary
abnormality to an extent discernible by radiological examination.
(c) Chronic bronchitis or asthma if causing
marked incapacity.
(d) Severe thoracic deformity.
(e) Rheumatic valvular heart disease.
(f) Other heart disease causing disability.

(3) For the purposes of this regulation,
the specified occupations shall be any occupation in an industry or process
to which the First Schedule
 to the Silicosis and Asbestosis (Medical
Arrangements) Scheme 1931 applied immediately
before 5th July 1948, or to which the said Schedule would have applied if
such industry or process had been carried on at that time.
38 
Any person employed on or after 5th July
1948 in employed earner's employment in an occupation in relation to which
pneumoconiosis is prescribed under regulation
2 shall submit himself for medical examination
(hereafter in these regulations referred to as a 
“periodical examination”), under arrangements made
or approved by the Secretary of State, on the occasions and at the intervals
specified in such of the following provisions of this regulation as may be
appropriate in his case, that is to say— 
(a) in the case of any person who makes a claim for benefit in respect
of pneumoconiosis—when required to do so on making such claim, and, if required by
a special medical board, at such intervals thereafter as such a board may
in his case from time to time direct;
(b) in the case of a person who is
employed in an occupation specified in paragraph
(3) of the last foregoing regulation—
at intervals of 2 years whilst so employed, or at such other intervals
as a special medical board may in his case from time to time direct.
39 
A certificate of suspension issued under the provisions of either regulation 43 or 
regulation 44 of the National Insurance
(Industrial Injuries) (Prescribed Diseases) Regulations 1959
(regulations revoked with effect from 27th November 1974 by 
regulation 7(1) of the National Insurance
(Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations
1974) and in force immediately before 27th
November 1974 shall continue in force subject to and in accordance with the
provisions of regulation 40
of these regulations.
40 

(1) A certificate of suspension issued under
the provisions of either regulation 43
or regulation 44 of the 
National Insurance (Industrial Injuries) (Prescribed Diseases) Regulations
1959, and remaining in force by virtue of the
last preceding regulation, shall suspend the person to whom it relates from
further employment in any occupation in relation to which pneumoconiosis is
prescribed, with such exceptions and subject to such conditions (if any) as
may be specified in the certificate.
(2) A special medical board may at any time
revoke or vary a certificate of suspension on the application of the person
to whom it relates, but unless so revoked or varied such certificate shall
remain in force throughout the life of such person.
(3) No person who has been suspended from
employment may engage or continue in employment, and no employer may employ
or continue to employ any such person, in any occupation in relation to which
pneumoconiosis is prescribed, except in accordance with the terms of the certificate
of suspension in his case.
41 
Every employer who employs or intends to employ any persons in
any occupation specified in regulation 37(3)
—
(a) shall give notice to the Secretary of
State of his commencing to carry on any industry or process which will involve
the employment of any persons in any such occupation;
(b) shall arrange for the initial examination
of any person newly engaged or transferred to his employment in circumstances
in which such examination is required by regulation
37;
(c) shall provide such facilities as the
Secretary of State may reasonably require for the periodical examination of
any persons employed by him in circumstances in which such examination is
required by regulation 38(b).

42 
When a person undergoes an initial examination or a periodical
examination under the provisions of regulation
38(b), the employer by whom that person is
employed at the time of such examination shall pay to the National Insurance
Fund, in respect of an initial examination a fee of 30p, and in respect of
a periodical examination a fee of 95p with an additional fee of £1.57
if a radiographic examination is required.
PART VI
43 

(1) Subject to 
paragraph (2) the 
“relevant date” , in relation
to each disease set out in the first column of 
Schedule 4 hereto, is the date set against
that disease in the second column of that Schedule.
(2) Where a disease set out in the first
column of Schedule 4
hereto was prescribed in relation to any person by regulations which came
into operation on a date earlier than the date set against that disease in
the second column of that Schedule, the “relevant
date” in relation to such disease
is such earlier date on which the disease was prescribed in relation to the
person in question.
(3) It shall be a condition of a person's
right to benefit in respect of any disease set out in 
Schedule 4 that he was—
(a) incapable of work, or
(b) suffering from a loss of faculty,as a result of that disease on or after the relevant date.
(4) The “relevant
date” in relation to byssinosis— 
(a) in the case of a person employed in an occupation
involving work in any room in which the weaving of cotton or flax or any other
process which takes place between, or at the same time as, the winding or
beaming and weaving of cotton or flax is carried on in a factory in which
any or all of those processes are carried on is 3rd October 1983;

(b) in any other case, is 6th April
1979 except that where the disease was prescribed in relation to any person
by regulations which came into operation on a date earlier than 6th April
1979 the relevant date is that earlier date.
(5) Byssinosis is not prescribed in relation
to any person if neither of the following conditions is satisfied, namely:—

(a) that he was suffering from a loss of
faculty as a result of byssinosis on or after the relevant date;
(b) that he has been employed in employed
earner's employment in any occupation mentioned in 
regulation 2(c) of the old regulations for
a period or periods (whether before or after 5th July 1948) amounting in the
aggregate to 5 years.
(6) Notwithstanding that a person does not
satisfy paragraph (3)
infection by leptospira is prescribed in relation to any person if he is or
has been either incapable of work or suffering from a loss of faculty as a
result of infection by—
(a) leptospira icterohaemorrhagiae in the
case of a person employed in employed earner's employment before 7th January
1980 in any occupation involving work in places which are, or are liable to
be, infested by rats, or
(b) leptospira canicola in the case of a
person so employed in any occupation involving work at dog kennels or the
care or handling of dogs.
(7) A person who, immediately before 3rd
October 1983, was in receipt of benefit in respect of a disease or injury
which was prescribed by virtue of the old regulations, or who makes a claim
for benefit in respect of a prescribed disease after 2nd October 1983 where
the date of onset of the disease or injury was before 3rd October 1983, shall
be treated for the purpose only of determining whether the disease or injury
is in relation to him a prescribed disease by virtue of the occupation in
which he is or was engaged as if the old regulations were still in force and
these regulations had not come into operation, if that would be more favourable
to him.
44 
Where a claim for benefit has been made before 6th April 1983 or
a date of onset is determined which is before 6th April 1983 or a claim for
injury benefit is made after 5th April 1983 for a day falling or a period
beginning before 6th April 1983, these regulations shall take effect subject
to the provisions of Schedule 5.

45 
The regulations specified in Schedule
6 hereto are hereby revoked to the extent mentioned
in the third column of that Schedule.
Signed by authority of the Secretary of State for Social Services.

Tony Newton
Minister of State
Department of Health and Social Security
24th June 1985
SCHEDULE 1
Regulations 2 and 
4
PART I

Prescribed disease
or injury 
Occupation

A. Conditions due to physical agents Any occupation involving:
A1. Inflammation, ulceration or malignant disease of
the skin or subcutaneous tissues or of the bones, or blood dyscrasia, or cataract,
due to electro-magnetic radiations (other than radiant heat), or to ionising
particles. Exposure to electro-magnetic
radiations (other than radiant heat) or to ionising particles.
A2. Heat cataract. Frequent or prolonged exposure to rays from molten or red-hot
material.
A3. Dysbarism, including
decompression sickness, barotrauma and osteonecrosis. Subjection to compressed or rarefied air or other respirable
gases or gaseous mixtures.

A4. Cramp of the hand or forearm due to repetitive movements. Prolonged periods of handwriting, typing or other
repetitive movements of the fingers, hand or arm.
A5. Subcutaneous cellulitis of the hand (beat hand).
 Manual labour causing severe or prolonged
friction or pressure on the hand.

A6. Bursitis or subcutaneous cellulitis arising at or about the knee due to
severe or prolonged external friction or pressure at or about the knee (beat
knee). Manual labour causing severe or
prolonged external friction or pressure at or about the knee.
A7. Bursitis or subcutaneous cellulitis
arising at or about the elbow due to severe or prolonged external friction
or pressure at or about the elbow (beat elbow). Manual labour causing severe or prolonged external friction or
pressure at or about the elbow.

A8. Traumatic inflammation of the tendons of the hand or forearm, or of the
associated tendon sheaths. Manual labour,
or frequent or repeated movements of the hand or wrist.
A9. Miner's nystagmus. Work in or about a mine.
A10. Substantial sensorineural hearing loss amounting to at least
50dB in each ear, being due in the case of at least one ear to occupational
noise, and being the average of pure tone losses measured by audiometry over
the 1, 2 and 3 kHz frequencies (occupational deafness). (a) The use of, or work
wholly or mainly in the immediate vicinity of, pneumatic percussive tools
or high-speed grinding tools, in the cleaning, dressing or finishing of cast
metal or of ingots, billets or blooms; or(b) the use of, or work wholly or mainly in the immediate
vicinity of, pneumatic percussive tools on metal in the shipbuilding or ship
repairing industries; orAny occupation involving:(c) the use of, or work in the
immediate vicinity of, pneumatic percussive tools on metal, or for drilling
rock in quarries or underground, or in mining coal, for at least an average
of one hour per working day; or
(d) work wholly or mainly in the immediate vicinity of drop-forging
plant (including plant for drop-stamping or drop-hammering) or forging press
plant engaged in the shaping of metal; or(e) work wholly or mainly in rooms or sheds where
there are machines engaged in weaving man-made or natural (including mineral)
fibres or in the bulking up of fibres in textile manufacturing; or(f) the use of, or work wholly
or mainly in the immediate vicinity of, machines engaged in cutting, shaping
or cleaning metal nails; or
(g) the use of, or work wholly or mainly in the immediate vicinity
of, plasma spray guns engaged in the deposition of metal; or(h) the use of, or work wholly or mainly in the immediate
vicinity of, any of the following machines engaged in the working of wood
or material composed partly of wood, that is to say: multi-cutter moulding
machines, planing machines, automatic or semi-automatic lathes, multiple cross-cut
machines, automatic shaping machines, double-end tenoning machines, vertical
spindle moulding machines (including high speed routing machines), edge banding
machines, bandsawing machines with a blade width of not less than 75 millimetres
and circular sawing machines in the operation of which the blade is moved
towards the material being cut; or
(i) the use of chain saws in forestry.
A11. Episodic blanching, occurring throughout the year,
affecting the middle or proximal phalanges or in the case of a thumb the proximal
phalanx, of—(a)
in the case of a person with 5 fingers (including thumb) on one hand, any
3 of those fingers, or(b)
in the case of a person with only 4 such fingers, any 2 of those fingers,
or(c) in the case
of a person with less than 4 such fingers, any one of those fingers or, as
the case may be, the one remaining finger (vibration white finger). (a) the use of
hand-held chain saws in forestry; or
(b) the use of hand-held rotary tools in grinding or in the sanding
or polishing of metal, or the holding of material being ground, or metal being
sanded or polished, by rotary tools; orAny occupation
involving:(c) the
use of hand-held percussive metal-working tools, or the holding of metal being
worked upon by percussive tools, in riveting, caulking, chipping, hammering,
fettling or swaging; or(d)
 the use of hand-held powered percussive drills or hand-held powered
percussive hammers in mining, quarrying, demolition, or on roads or footpaths,
including road construction; or
(e) the holding of material being worked upon by pounding machines
in shoe manufacture.
B. Conditions due to biological agents
B1. Anthrax. 
Contact with animals infected with anthrax or the handling (including the
loading or unloading or transport) of animal products or residues.
B2. Glanders. Contact with equine animals or their carcases.
B3. Infection by leptospira. (a) Work in places which
are, or are liable to be, infested by rats, field mice or voles, or other
small mammals; or(b)
work at dog kennels or the care or handling of dogs; or(c) contact with bovine animals or their meat products
or pigs or their meat products.

B4. Ankylostomiasis. Work in or about
a mine.
B5. Tuberculosis.
 Contact with a source of tuberculous
infection.
B6. Extrinsic allergic
alveolitis (including farmer's lung). 
Exposure to moulds or fungal spores or heterologous proteins by reason of
employment in:—(a)
agriculture, horticulture, forestry, cultivation of edible fungi or malt-working;
or(b) loading or
unloading or handling in storage mouldy vegetable matter or edible fungi;
or(c) caring for
or handling birds; or(d)
handling bagasse.
B7. Infection
by organisms of the genus brucella. 
Contact with—(a)
animals infected by brucella, or their carcases or parts thereof, or their
untreated products; or(b)
laboratory specimens or vaccines of, or containing, brucella.
B8. Viral hepatitis. Any occupation involving:Contact
with—(a) human
blood or human blood products; or
(b) a source of viral hepatitis.
B9. Infection by Streptococcus suis. Contact with pigs infected by Streptococcus suis, or with
the carcases, products or residues of pigs so infected.
C. Conditions due to
chemical agents

C1. Poisoning by lead or a compound of lead. 
The use or handling of, or exposure to the fumes, dust or vapour of, lead
or a compound of lead, or a substance containing lead.
C2. Poisoning by manganese or a compound of manganese.
 The use or handling of, or exposure
to the fumes, dust or vapour of, manganese or a compound of manganese, or
a substance containing manganese.

C3. Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning
due to the anti-cholinesterase or pseudo anti-cholinesterase action of organic
phosphorus compounds. The use or handling
of, or exposure to the fumes, dust or vapour of, phosphorus or a compound
of phosphorus, or a substance containing phosphorus.
C4. Poisoning by arsenic or a compound of arsenic.
 The use or handling of, or exposure
to the fumes, dust or vapour of, arsenic or a compound of arsenic, or a substance
containing arsenic.
C5. Poisoning
by mercury or a compound of mercury. 
The use or handling of, or exposure to the fumes, dust or vapour of, mercury
or a compound of mercury, or a substance containing mercury.
C6. Poisoning by carbon bisulphide. The use or handling of, or exposure to the fumes
or vapour of, carbon bisulphide or a compound of carbon bisulphide, or a substance
containing carbon bisulphide.

C7. Poisoning by benzene or a homologue of benzene. The use or handling of, or exposure to the fumes of, or vapour
containing benzene or any of its homologues.
C8. Poisoning by a nitro- or amino- or chloro- derivative
of benzene or of a homologue of benzene, or poisoning by nitrochlorbenzene.
 The use or handling of, or exposure
to the fumes of, or vapour containing, a nitro- or amino- or chloro- derivative
of benzene, or of a homologue of benzene, or nitrochlorbenzene.
C9. Poisoning by dinitrophenol or a homologue
of dinitrophenol or by substituted dinitrophenols or by the salts of such
substances. The use or handling of, or
exposure to the fumes of, or vapour containing, dinitrophenol or a homologue
or substituted dinitrophenols or the salts of such substances.
C10. Poisoning by tetrachloroethane.
 Any occupation involving:The use or handling of, or exposure to the fumes of, or vapour
containing, tetrachloroethane.

C11. Poisoning by diethylene dioxide (dioxan). The use or handling of, or exposure to the fumes of, or vapour
containing, diethylene dioxide (dioxan).
C12. Poisoning by methyl bromide. 
The use or handling of, or exposure to the fumes of, or vapour containing,
methyl bromide.
C13. Poisoning
by chlorinated naphthalene. The use or
handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated
naphthalene.
C14. Poisoning
by nickel carbonyl. Exposure to nickel
carbonyl gas.
C15. Poisoning
by oxides of nitrogen. Exposure to oxides
of nitrogen.
C16. Poisoning
by gonioma kamassi (African boxwood). 
The manipulation of gonioma kamassi or any process in or incidental to the
manufacture of articles therefrom.

C17. Poisoning by beryllium or a compound of beryllium. The use or handling of, or exposure to the fumes, dust or
vapour of, beryllium or a compound of beryllium, or a substance containing
beryllium.
C18. Poisoning
by cadmium. Exposure to cadmium dust
or fumes.
C19. Poisoning by
acrylamide monomer. The use or handling
of, or exposure to, acrylamide monomer.
C20. Dystrophy of the cornea (including ulceration of the corneal
surface) of the eye. 
(a) The use or handling of, or exposure to, arsenic, tar, pitch,
bitumen, mineral oil (including paraffin), soot or any compound, product or
residue of any of these substances, except quinone or hydroquinone; or(b) exposure to quinone or hydroquinone
during their manufacture.

C21. (a) Localised new growth of the skin,
papillomatous or keratotic;
(b) squamous-celled carcinoma of the skin. The use or handling of, or exposure to, arsenic, tar, pitch,
bitumen, mineral oil (including paraffin), soot or any compound, product or
residue of any of these substances, except quinone or hydroquinone.
C22. (a)
Carcinoma of the mucous membrane of the nose or associated air sinuses;(b) primary carcinoma of a bronchus
or of a lung. Work in a factory where
nickel is produced by decomposition of a gaseous nickel compound which necessitates
working in or about a building or buildings where that process or any other
industrial process ancillary or incidental thereto is carried on.
C23. Primary neoplasm (including papilloma,
carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the
urinary tract (renal pelvis, ureter, bladder and urethra). Any occupation involving:(a) Work in a building in which any of the following
substances is produced for commercial purposes:—
(i) alpha-naphthylamine, beta-naphthylamine or methylenebis-orthochloroaniline;
(ii) diphenyl substituted by at least one nitro or
primary amino group or by at least one nitro and primary amino group (including
benzidine);(iii) any of the substances mentioned in 
sub-paragraph (ii) above if further ring substituted
by halogeno, methyl or methoxy groups, but not by other groups;(iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii) above;
(v) auramine or magenta; or(b) the use of handling of any of the substances
mentioned in sub-paragraph (a) (i)
to (iv), or work in a process in which any
such substance is used, handled or liberated; or(c) the maintenance or cleaning of any plant or machinery
used in any such process as is mentioned in 
sub-paragraph (b), or the cleaning of clothing
used in any such building as is mentioned in 
sub-paragraph (a) if such clothing is cleaned
within the works of which the building forms a part or in a laundry maintained
and used solely in connection with such works.
C24. (a) Angiosarcoma
of the liver;(b)
osteolysis of the terminal phalanges of the fingers;(c) non-cirrhotic portal fibrosis. (a) Work in or about
machinery or apparatus used for the polymerization of vinyl chloride monomer,
a process which, for the purposes of this provision, comprises all operations
up to and including the drying of the slurry produced by the polymerization
and the packaging of the dried product; or(b) work in a building or structure in which any
part of that process takes place.

C25. Occupational vitiligo. The use or
handling of, or exposure to, para-tertiary-butylphenol, para-tertiary-butylcatechol,
para-amyl-phenol, hydroquinone or the monobenzyl or monobutyl ether of hydroquinone.

D. 
Miscellaneous Conditions
D1. Pneumoconiosis. Any occupation—
(a) set out in 
Part II of this Schedule;(b) specified in regulation
2(b)(ii).
D2. Byssinosis. Any occupation
involving:Work in any room where any process up to
and including the weaving process is performed in a factory in which the spinning
or manipulation of raw or waste cotton or of flax, or the weaving of cotton
or flax, is carried on.
D3.
Diffuse mesothelioma (primary neoplasm of the mesothelium of the pleura or
of the pericardium or of the peritoneum). (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.

D4. Inflammation or ulceration
of the mucous membrane of the upper respiratory passages or mouth produced
by dust, liquid or vapour. Exposure to
dust, liquid or vapour.
D5.
Non-infective dermatitis of external origin (including chrome ulceration of
the skin but excluding dermatitis due to ionising particles or electro-magnetic
radiations other than radiant heat). 
Exposure to dust, liquid or vapour or any other external agent capable of
irritating the skin (including friction or heat but excluding ionising particles
or electro-magnetic radiations other than radiant heat).
D6. Carcinoma of the nasal cavity or associated
air sinuses (nasal carcinoma). (a) Attendance for work in or about a building where
wooden goods are manufactured or repaired; or(b) attendance for work in a building used for the
manufacture of footwear or components of footwear made wholly or partly of
leather or fibre board; or
(c) attendance for work at a place used wholly or mainly for the
repair of footwear made wholly or partly of leather or fibre board.
D7. Asthma which is due to exposure to
any of the following agents:—(
a) isocyanates;(
b) platinum salts;(
c) fumes or dusts arising from the manufacture, transport or use
of hardening agents (including epoxy resin curing agents) based on phthalic
anhydride, tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine;
(d) fumes arising
from the use of rosin as a soldering flux;(e) proteolytic enzymes;(f) animals or insects used for the purposes of research
or education or in laboratories;(
g) dusts arising from the sowing, cultivation, harvesting, drying,
handling, milling, transport or storage of barley, oats, rye, wheat or maize,
or the handling, milling, transport or storage of meal or flour made therefrom
(occupational asthma). 
Any occupation involving:Exposure to any of the agents
set out in column 1 of this paragraph.
D8. Primary carcinoma of the lung where there is accompanying evidence
of one or both of the following:—(
a) asbestosis;(
b) bilateral diffuse pleural thickening. (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.
D9. Bilateral diffuse pleural thickening. (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
Any occupation involving:(
d) substantial exposure to the dust arising from any of the foregoing
operations.
PART II
Regulations 2, 
4, 38 and 
40
1 
Any occupation involving—
(a) the mining, quarrying or working of silica
rock or the working of dried quartzose sand or any dry deposit or dry residue
of silica or any dry admixture containing such materials (including any occupation
in which any of the aforesaid operations are carried out incidentally to the
mining or quarrying of other minerals or to the manufacture of articles containing
crushed or ground silica rock);
(b) the handling of any of the materials
specified in the foregoing sub-paragraph in or incidental to any of the operations
mentioned therein, or substantial exposure to the dust arising from such operations.

2 
Any occupation involving the breaking, crushing
or grinding of flint or the working or handling of broken, crushed or ground
flint or materials containing such flint, or substantial exposure to the dust
arising from any of such operations.
3 
Any occupation involving sand blasting by means
of compressed air with the use of quartzose sand or crushed silica rock or
flint, or substantial exposure to the dust arising from sand and blasting.

4 
Any occupation involving work in a foundry or
the performance of, or substantial exposure to the dust arising from, any
of the following operations:—
(a) the freeing of steel castings from adherent
siliceous substance;
(b) the freeing of metal castings from adherent
siliceous substance—
(i) by blasting with an abrasive propelled
by compressed air, by steam or by a wheel; or
(ii) by the use of power-driven tools.
5 
Any occupation in or incidental to the manufacture
of china or earthenware (including sanitary earthenware, electrical earthenware
and earthenware tiles), and any occupation involving substantial exposure
to the dust arising therefrom.
6 
Any occupation involving the grinding of mineral
graphite, or substantial exposure to the dust arising from such grinding.

7 
Any occupation involving the dressing of granite
or any igneous rock by masons or the crushing of such materials, or substantial
exposure to the dust arising from such operations.
8 
Any occupation involving the use, or preparation
for use, of a grindstone, or substantial exposure to the dust arising therefrom.

9 
Any occupation involving—
(a) the working or handling of asbestos or
any admixture of asbestos;
(b) the manufacture or repair of asbestos
textiles or other articles containing or composed of asbestos;
(c) the cleaning of any machinery or plant
used in any foregoing operations and of any chambers, fixtures and appliances
for the collection of asbestos dust;
(d) substantial exposure to the dust arising
from any of the foregoing operations.
10 
Any occupation involving—
(a) work underground in any mine in which
one of the objects of the mining operations is the getting of any mineral;

(b) the working or handling above ground
at any coal or tin mine of any minerals extracted therefrom, or any operation
incidental thereto;
(c) the trimming of coal in any ship, barge,
or lighter, or in any dock or harbour or at any wharf or quay;
(d) the sawing, splitting or dressing of
slate, or any operation incidental thereto.
11 
Any occupation in or incidental to the manufacture
of carbon electrodes by an industrial undertaking for use in the electrolytic
extraction of aluminium from aluminium oxide, and any occupation involving
substantial exposure to the dust arising therefrom.
12 
Any occupation involving boiler scaling or
substantial exposure to the dust arising therefrom.
SCHEDULE 2
Regulation 11

In Chapters IV
and VI of Part II of the
Act references to accidents shall be construed as references to prescribed
diseases and references to the relevant accident shall be construed as references
to the relevant disease and references to the date of the relevant accident
shall be construed as references to the date of onset of the relevant disease.


SCHEDULE 3
Regulation 34
PART I

Average hearing loss (dB) over 1, 2 and 3
kHz Degree of disablement
per cent
50–52 dB 20
53–57 dB 30
58–62
dB 40
63–67 dB 50
68–72 dB 60
73–77
dB 70
78–82 dB 80
83–87 dB 90

88 dB or more 100
PART II

Average hearing loss (dB) over 1, 2 and 3
kHz Degree of disablement
per cent
50–53 dB 20
54–60 dB 30
61–66
dB 40
67–72 dB 50
73–79 dB 60
80–86
dB 70
87–95 dB 80
96–105 dB 90

106 dB or more 100
PART III

(Degree of disablement of better ear ×4) + Degree of disablement
of worse ear
 5
SCHEDULE 4
Regulation 43


Description of disease or injury Relevant date
A3. Dysbarism, including decompression
sickness, barotrauma and osteonecrosis. 
Except in the case of a person suffering from decompression sickness employed
in any occupation involving subjection to compressed or rarefied air, 3rd
October 1983.
A11. Episodic
blanching, occurring throughout the year, affecting the middle or proximal
phalanges or in the case of a thumb the proximal phalanx, of—(a) in the case of a person
with 5 fingers (including thumb) on one hand, any 3 of those fingers, or(b) in the case of a person
with only 4 such fingers, any 2 of those fingers, or
(c) in the case of a person with less than
4 such fingers, any one of those fingers or, as the case may be, the one remaining
finger (vibration white finger). 1st
April 1985.
B1. Anthrax. In the case of a person employed in an occupation
involving the loading and unloading or transport of animal products or residues,
3rd October 1983
B3. Infection
by leptospira. (
a) In the case of a person employed in an occupation in places
which are or are liable to be infested by small mammals other than rats, field
mice or voles, 3rd October 1983;(
b) in the case of a person employed in an occupation in any other
place mentioned in the second column of paragraph
B3 of Part I of Schedule 1 above, 7th January
1980.
B5. Tuberculosis. In the case of a person employed in an occupation
involving contact with a source of tuberculous infection, not being an employment
set out in the second column of paragraph 38
of Part I of Schedule 1 to the old regulations,
3rd October 1983.
B6. Extrinsic
allergic alveolitis (including farmer's lung). In the case of a person suffering from extrinsic allergic alveolitis,
not being farmer's lung, employed in any occupation set out in the second
column of paragraph B6 of Part I of Schedule
1 above, or in the case of a person suffering
from farmer's lung, employed in any occupation involving exposure to moulds
or fungal spores or heterologous proteins by reason of employment in cultivation
of edible fungi or maltworking, or loading or unloading or handling in storage
edible fungi or caring for or handling birds, 3rd October 1983.
B7. Infection by organisms of the genus
brucella. In the case of a person suffering
from infection by organisms of the genus brucella, not being infection by
Brucella abortus, or employed in an occupation set out in the second column
of paragraph B7 of Part I of Schedule 1
above, not being an occupation set out in the second column of 
paragraph 46 of Part I of Schedule 1 to the
old regulations, 3rd October 1983.

B8. Viral hepatitis. In the case of a
person employed in any occupation involving contact with human blood or human
blood products, or contact with a source of viral hepatitis, 3rd December
1984.
B9. Infection by Streptococcus
suis. 3rd October 1983.
C3. Poisoning by phosphorus or an inorganic compound
of phosphorus or poisoning due to the anti-cholinesterase or pseudo anti-cholinesterase
action of organic phosphorus compounds. 
In the case of a person suffering from poisoning by an inorganic compound
of phosphorus or poisoning due to the pseudo anti-cholinesterase action of
organic phosphorus compounds, 3rd October 1983.
C18. Poisoning by cadmium. In the case of a person employed in an occupation involving exposure
to cadmium dust, 3rd October 1983.

C23. Primary neoplasm (including papilloma, carcinoma-in-situ and invasive
carcinoma) of the epithelial lining of the urinary tract (renal pelvis, ureter,
bladder and urethra). In the case of
a person employed in an occupation involving work in a building in which methylene-bis-orthochloroaniline
is produced for commercial purposes, 3rd October 1983.
C24. (a) Angiosarcoma
of the liver;(b)
osteolysis of the terminal phalanges of the fingers;
(c) non-cirrhotic portal fibrosis. (a) In the case
of a person suffering from angiosarcoma of the liver or osteolysis of the
terminal phalanges of the fingers, 21st March 1977;
(b) in the case of a person suffering from
non-cirrhotic portal fibrosis, 3rd October 1983.
C25. Occupational vitiligo. 15th December 1980.

D3. Diffuse mesothelioma. In the case
of a person suffering from primary neoplasm of the pericardium, 3rd October
1983.
D6. Carcinoma of the
nasal cavity or associated air sinuses (nasal carcinoma). In the case of a person employed in an occupation involving
attendance for work in or about a building where wooden goods (other than
wooden furniture) are manufactured or where wooden goods are repaired, 3rd
October 1983.
D7. Occupational
asthma. 29th March 1982.
D8. Primary carcinoma of the lung where
there is accompanying evidence of one or both of the following:—(a) asbestosis;(b) bilateral diffuse pleural
thickening. 1st April 1985.
D9. Bilateral diffuse pleural thickening.
 1st April 1985.
SCHEDULE 5
Regulation 44
1 
In this Schedule the 
“date of development” has
the meaning attributed to it by regulations 5
, 6, 
7 and 56
of the old regulations.
2 
Where a claim for benefit has been made before
6th April 1983, a date of development shall be determined and 
regulation 16 of the old regulations shall
apply as if the old regulations were still in force.
3 
Where a claim for benefit is made after 5th
April 1983 and a date of onset is determined which is before 6th April 1983, 
regulation 16 of the old regulations shall
apply as if the old regulations were still in force.
4 
Where in pursuance of a claim made before 6th
April 1983 a date of development has been determined and an award of benefit
has been made these regulations shall have effect in relation to that claim
and any subsequent claim made by or on behalf of the same person in respect
of the same disease (except where under regulation
7 the disease is treated as having been contracted
afresh) as if references to the date of onset were references to that date
of development.
5 
Subject to paragraph
6, where a claim for injury benefit for a day
falling or a period beginning before 6th April 1983 is made after 5th April
1983 and no date of development or date of onset which can be treated as such
for the purposes of that claim has already been determined, for the purpose
only of determining the date on which the injury benefit period (if any) is
to begin, a date of development shall be determined, so however that if it
is later than 5th April 1983 no injury benefit period shall begin and injury
benefit shall not be payable.
6 
There shall be no entitlement, in the following
cases, to benefit for any day which is earlier than the date specified:—

(a) in the case of a person who is or has
been suffering from
(i) viral hepatitis
 2nd February 1976
(ii) angiosarcoma of the liver 21st March 1977
(iii) osteolysis of the terminal phalanges of the fingers
 21st March 1977
(iv) carcinoma of the nasal cavity
or associated air sinuses (nasal carcinoma) 
8th August 1979
(v) occupational
vitiligo 15th December 1980
(vi) occupational asthma 29th March 1982;
(b) in the case of a person who is or has
been suffering from byssinosis but who has not been employed in employed earner's
employment in any occupation mentioned in regulation
2(c) of the old regulations for a period or
periods (whether before or after 5th July 1948) amounting in the aggregate
to 5 years: 6th April 1979;
(c) in the case of a person who is or has
been suffering from infection by leptospira but neither is nor has been either
incapable of work or suffering from a loss of faculty as a result of infection
by—
(i) leptospira icterohaemorrhagiae in the
case of a person employed in employed earner's employment in any occupation
involving work in places which are, or are liable to be, infested by rats,
or
(ii) leptospira canicola in the case of a
person employed in employed earner's employment in any occupation involving
work at dog kennels or the care or handling of dogs: 7th January 1980.
SCHEDULE 6
Regulation 45


Citation Statutory
Instrument Extent of Revocation

The 
Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980
 S.I. 1980/377 
The whole of the regulations

The Social Security (Industrial Injuries) (Prescribed
Diseases) Amendment Regulations 1980 S.I. 1980/1493 The whole of the regulations
The Social Security
(Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1982 S.I. 1982/249 The whole of the regulations
The Social Security
(Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations
1982 
S.I. 1982/566 
The whole of the regulations

The Social Security (Industrial Injuries) (Prescribed
Diseases) Amendment Regulations 1983 S.I. 1983/185 The whole of the regulations
The Social Security
(Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations
1983 
S.I. 1983/1094 
The whole of the regulations

The Social Security Adjudication (Consequential
Amendments) Regulations 1984 S.I. 1984/458 Regulation 7
The Social
Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations
1984 
S.I. 1984/1659 
The whole of the regulations

The Social Security (Industrial Injuries) (Prescribed
Diseases) Amendment Regulations 1985 S.I. 1985/159 The whole of the regulations