Citation, commencement and extent

1.—(1) These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (Scotland) Regulations 2022 and come into force on 28 March 2022.

(2) These Regulations extend to Scotland only.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

2.—(1) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985( 3) are amended as follows.

(2) In Part 1 of schedule 1 (list of prescribed diseases and the occupations for which they are prescribed), in the column headed “prescribed disease or injury” at entry A15 (Dupuytren’s contracture of the hand resulting in fixed flexion deformity of one or more inter-phalangeal joints of one or more of the digits)—

(3) Omit “resulting in fixed flexion deformity of one or more inter-phalangeal joints of one or more of the digits”, and

(4) After “hand” insert—

“involving—

(i) fixed flexion deformity of one or more metacarpophalangeal joints greater than 45 degrees that developed during the period or periods set out in the second column in relation to this paragraph; or

(ii) fixed flexion deformity of one or more interphalangeal joints that developed during the period or periods set out in the second column in relation to this paragraph; or

(iii) fixed flexion deformity of one or more metacarpophalangeal joints greater than 45 degrees that developed after the period or periods in the second column in relation to this paragraph if there is evidence of the onset of metacarpophalangeal joint involvement or palmar changes (nodules or thickening) during that period or periods; or

(iv) fixed flexion deformity of one or more interphalangeal joints that developed after the period or periods set out in the second column in relation to this paragraph if there is evidence of the onset of metacarpophalangeal joint involvement or palmar changes (nodules or thickening) during that period or periods. ”.

(5) In Part 1 of schedule 1 (list of prescribed diseases and the occupations for which they are prescribed), in the column headed “occupation” at entry A15 (Dupuytren’s contracture of the hand resulting in fixed flexion deformity of one or more inter-phalangeal joints of one or more of the digits)—

(a) after “years;” insert “and”,

(b) after “week” for “; and” substitute “.”, and

(c) omit paragraph (c).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 ( S.I. 1985/967), to the extent that they apply in Scotland only.

In a report (published as Command Paper Cm 8860 on 8 May 2014( 4)), the Industrial Injuries Advisory Council recommended that Dupuytren’s contracture, arising from work for ten years or more in aggregate which involves the use of hand-held powered tools, be prescribed as a disease. Regulation 2 of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2019 ( S.I. 2019/1241) introduced the prescription for Dupuytren’s contracture.

The amendments made by regulation 2 amend the prescription for Dupuytren’s contracture and provide further specification on the circumstances in which Industrial Injuries Disablement Benefit (“ IIDB”) is payable. The reason for amending the prescription is to bring the regulations into line with the most up to date guidance from the Industrial Injuries Advisory Council.

Hard copies of the report may be obtained from the Department for Work and Pensions, IIDB Policy, Disability and Housing Support Directorate, Caxton House, Tothill Street, London SW1H 9NA.

A Business Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Social Security Directorate.