HC Deb 30 July 1984 vol 65 c105W
Mr. Hickmet

asked the Secretary of State for Social Services on what grounds a disease or injury is included in the schedule of prescribed diseases; and how a disease or injury is brought up for consideration for inclusion.

Mr. Newton

The statutory conditions that must be satisfied before a disease can be prescribed under the industrial injuries scheme are set out in section 76(2) of the Social Security Act 1975. This states thatA disease or injury may be prescribed in relation to any employed earners if the Secretary of State is satisfied that:—

  1. (a) it ought to be treated, having regard to its causes and incidence and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons; and
  2. (b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty."

In determining whether these conditions are fulfilled, my right hon. Friend relies on advice from the Industrial Injuries Advisory Council. Diseases may be considered by the council following a formal reference by my right hon. Friend. Alternatively, if the need for an investigation comes to its attention, the Council may undertake it on its own initiative.