S.I. No. 340/1981 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1981.


The Minister for Social Welfare, in exercise of the powers conferred on her by sections 3 , 42 , 43 and 46 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:—

1.(1) These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1981.

(2) The expression “the Social Welfare (Occupational Injuries) Regulations, 1967 to 1981” shall include a reference to these Regulations.

2. These Regulations shall come into operation on the 5th day of October, 1981.

3. In these Regulations—

“The Act” means the Social Welfare (Consolidation) Act, 1981 ;

“The Principal Regulations” means the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 );

“The Regulations of 1981” means the Social Welfare (Occupational Injuries) Regulations. 1981 ( S.I. No. 136 of 1981 ).

4.(1) The Second Schedule to the Principal Regulations is hereby amended by the substitution for the scale (inserted by the Regulations of 1981) set out in that Schedule of the scale set out in Schedule A to these Regulations.

(2) The weekly rates of pension specified in column (3) of the scale set out in the said Second Schedule, as amended by these Regulations, shall have effect on and from the 5th day of October, 1981 whether the period taken into account by the assessment began on, before or after that date.

(3) Notwithstanding sub-article 1 of this article, the amount of a disablement gratuity payable by virtue of that sub-article shall be payable only where the period taken into account by the assessment of the degree of disablement begins on or after the 5th day of October, 1981.

5. For sub-articles (2) and (3) of article 4 of the Principal Regulations there shall be substituted the following sub-articles, respectively:

“(2) The weekly rate of injury benefit in the case of any such person shall, subject to the provisions of Section 56 of the Act, be the amount set out, as appropriate, in column (2) of Part 1 of the Fourth Schedule hereto and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to receive the benefit on behalf of such person.

(3) In column (1) of Part 1 of the Fourth Schedule hereto “relevant employment” means any employment in which the person under the age of sixteen years was or would, but for the relevant injury, have been employed during the week in which as the result of the relevant injury he first became incapable of work.”

6. For article 9 of the Principal Regulations there shall be substituted the following article:

“(9) The amount by which the weekly rate of disablement pension may be increased under section 46 of the Act where constant attendance is required by the beneficiary as a result of the relevant loss of faculty shall be the amount set out, as appropriate, in column (2) of Part II of the Fourth Schedule hereto.”

7. There shall be added to the Principal Regulations the Schedule set out in Schedule B to these Regulations.

Schedule A.

SCALE OF DISABLEMENT GRATUITIES AND OF WEEKLY RATES OF PENSION IN LIEU OF DISABLEMENT GRATUITIES.

Degree of Disablement

Amount of Gratuity

Weekly rate of Pension

(1)

(2)

(3)

For persons under age 66

For persons aged 66 and over

For persons under age 66

For persons aged 66 and over

£

£

£

£

1 per cent

263.00

268.00

.38

.39

2 per cent

394.50

402.00

.76

.78

3 per cent

526.00

536.00

1.14

1.17

4 per cent

657.50

670.00

1.52

1.55

5 per cent

789.00

804.00

1.90

1.94

6 per cent

920.50

938.00

2.28

2.33

7 per cent

1,052.00

1,072.00

2.66

2.71

8 per cent

1,183.50

1,206.00

3.04

3.10

9 per cent

1,315.00

1,340.00

3.42

3.49

10 per cent

1,446.50

1,474.00

3.79

3.87

11 per cent

1,578.00

1,608.00

4.17

4.26

12 per cent

1,709.50

1,742.00

4.55

4.65

13 per cent

1,841.00

1,876.00

4.93

5.04

14 per cent

1,972.50

2,010.00

5.31

5.42

15 per cent

2,104.00

2,144.00

5.69

5.81

16 per cent

2,235.50

2,278.00

6.07

6.20

17 per cent

2,367.00

2,412.00

6.45

6.58

18 per cent

2,498.50

2,546.00

6.83

6.97

19 per cent

2,630.00

2,680.00

7.21

7.36

Schedule B.

“Fourth Schedule

PART I

Article 4.

Weekly rates of Injury Benefit payable to persons under the age of sixteen years

Weekly rate

(1)

(2)

£

(a)

Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment

27.55

(b)

In any other case

12.55

PART II

Article 9.

Increases of Disablement Pension where the beneficiary requires Constant Attendance

Weekly rate

(1)

(2)

£

(a)

Increase where the beneficiary (not being a person included in (b) or (c) following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so dependent for life or for a period of not less than six months

(i) Where the attendance required is whole-time

(a) beneficiary under age 66

15.15

(b) beneficiary aged 66 and over

15.45

(ii) Where the attendance required is part- time only

(a) beneficiary under age 66

7.58

(b) beneficiary aged 66 and over

7.73

(b)

Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement

(i) beneficiary under age 66

22.73

(ii) beneficiary aged 66 and over

23.18

(c)

Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely dependent on such attendance for the necessities of life and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time

(i) beneficiary under age 66

30.30

(ii) beneficiary aged 66 and over

30.90

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GIVEN under the Official Seal of the Minister for Social Welfare this 17th day of September,

EILEEN DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations amend the Social Welfare (Occupational Injuries) Regulations 1967 ( S.I. No 77 of 1967 ) in order to increase with effect from 5 October, 1981 the rates of injury benefit payable to persons under age sixteen, the amount of disablement gratuities appropriate to degrees of disablement assessed at less than 20 per cent, the weekly rate of pension which may be substituted for such gratuity and to increase certain rates of constant attendance allowance.