HC Deb 23 January 1995 vol 253 cc6-7
7. Mr. William O'Brien

To ask the Secretary of State for Social Security what plans he has to review the regulations on claims for benefit under the bronchitis and emphysema benefit scheme; and if he will make a statement.

Mr. Hague

I am advised on the prescription of occupational diseases under the industrial injuries scheme by the independent Industrial Injuries Advisory Council. The council announced last week that it is undertaking a review of the present terms of prescription.

Mr. O'Brien

Will the Minister join me in trying to influence the advisory body on two issues that involve the regulations on bronchitis and emphysema? The first is the X-ray, as a number of claimants who were rejected for benefit have, after death, been proved to have had pneumoconiosis. That system is unfair.

The second issue is the forced expiratory volume test, under which a claimant must prove a loss of a litre of breath into his lungs per second. People who are finding it difficult to breathe are being rejected for benefit because of the test, and I consider that to be callous and unfair. Will the Minister join me in pressing for the abolition of the X-ray from the procedure, and for a revision of the FEV test to make it more fair and equitable to claimants?

Mr. Hague

The council has a difficult job in ensuring that it proposes qualifying conditions to Ministers that ensure that benefit is paid to miners and ex-miners whose disability can most confidently be attributed to coal dust, rather than to other causes such as smoking. The council has now initiated a review of the qualifying conditions and evidence can be given to that review until 14 April. I strongly encourage the hon. Gentleman to ensure that he passes his evidence—including evidence about his constituents, about whom he has written to me—to the council so that it can take it fully into account before giving advice to Ministers.

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