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S.I. No. 376/2018 - Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Prescribed Time) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th September, 2018.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social Protection (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 366 of 2017 )) and 74 (amended by section 7 of the Social Welfare and Pensions Act 2013 (No. 38 of 2013)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Prescribed Time) Regulations 2018.

(2) These Regulations and the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 to 2018 shall be construed together as one and may be cited together as the Social Welfare (Occupational Injuries) Regulations 2007 to 2018.

Prescribed time

2. Article 43(a) of the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 ( S.I. No. 102 of 2007 ) is amended by the substitution of “6 weeks” for “21 days”.

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GIVEN under my Official Seal,

20 September 2018.

REGINA DOHERTY,

Minister for Employment Affairs and Social Protection.

EXPLANATORY NOTE

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

Section 241 of the Social Welfare Consolidation Act 2005 sets out the time and manner in which claims for various social welfare payments are to be made. Section 241(2) provides that where a person fails to make a claim for a social welfare payment within a prescribed time, then he or she will be disqualified for receiving payment for a period before the claim was made. Different periods are specified depending on the nature of the particular social welfare payment scheme involved.

Reflecting changes in the administration of the scheme and employer practices, these Regulations provide for the extension of the prescribed time for claiming Injury Benefit from 21 days to 6 weeks.