Workmen's Compensation (Amendment) Act, 1953
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Supplemental allowances to workmen entitled to weekly payments under Acts of 1897 and 1900, Act of 1906 or Act of 1934. |
3.—(1) Where a male workman is entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900, the Act of 1906 or the Act of 1934 in respect of any week commencing on or after the appointed day, he shall whether the accident giving rise to the compensation happened before, on or after the appointed day, be entitled in respect of that week to— | |
(a) if he has a wife who was married to him at the time of the accident, a supplemental allowance in respect of her at a rate not exceeding twelve shillings per week, and | ||
(b) if he has a child or children under the age of fifteen years— | ||
(i) where there is one such child only, a supplemental allowance in respect of that child at a rate not exceeding seven shillings per week, | ||
(ii) where there are two such children and not more, a supplemental allowance in respect of each of those children at a rate not exceeding seven shillings per week, | ||
(iii) where there are three or more such children, a supplemental allowance in respect of each of the two eldest of those children at a rate not exceeding seven shillings per week. | ||
(2) Where the weekly payment is in respect of total incapacity or equals the amount which would be payable to the workman in the case of total incapacity resulting from the injury, any such allowance shall be the maximum allowance specified in subsection (1) of this section, and in any other case shall bear the same proportion to the maximum allowance as the weekly payment bears to the amount of the weekly payment which would be payable to the workman in the case of total incapacity. | ||
(3) The total amount of the supplemental allowances payable in respect of any weekly payment shall not exceed such sum as would, together with the said weekly payment, amount— | ||
(a) in the case of total incapacity, to seventy-five per cent. of the pre-accident average weekly earnings of the workman, or | ||
(b) in the case of partial incapacity, to eighty per cent. of the difference between the pre-accident average weekly earnings of the workman and his post-accident average weekly amount. | ||
In this subsection “pre-accident average weekly earnings” and “post-accident average weekly amount” have the same meanings as in the Third Schedule to the Act of 1934, but— | ||
(i) in a case where the amount of the weekly payment is increased as a result of a review under subsection (2) of section 25 of the Act of 1934, “pre-accident average weekly earnings” shall be construed as referring to the weekly sum which the workman would probably have been earning at the date of the review if he had remained uninjured, | ||
(ii) in a case where the amount of the weekly payment is varied as a result of a review under subsection (3) of section 25 of the Act of 1934, “pre-accident average weekly earnings” shall be construed as referring to what would have been the workman's average weekly earnings during the twelve months previous to the accident if the rates of remuneration obtaining during the twelve months previous to the review had obtained during the twelve months previous to the accident, | ||
(iii) in a case where the amount of the weekly payment is fixed pursuant to paragraph (i) of subsection (2) of section 7 of the Act of 1948, “pre-accident average weekly earnings” shall be construed as referring to the weekly sum which the workman would probably have been earning at the date of the hearing of the proceedings if he had remained uninjured, and | ||
(iv) in a case where the amount of the weekly payment is fixed pursuant to paragraph (ii) of subsection (2) of section 7 of the Act of 1948, “pre-accident average weekly earnings” shall be construed as referring to what would have been the workman's average weekly earnings during the twelve months previous to the accident if the rates of remuneration obtaining during the twelve months previous to the hearing of the proceedings had obtained during the twelve months previous to the accident. | ||
(4) The supplemental allowances shall be deemed to be part of the said weekly payment for all purposes and they shall accordingly be payable by the employer liable to make the weekly payment, but where application is made to the Circuit Court in relation to the redemption of the weekly payment, the part of the lump sum referable to a supplemental allowance shall, in a case where the incapacity is permanent as well as in a case where it is not permanent, be such amount as may be determined by the Court. | ||
(5) Where for the purposes of any of the following enactments, that is to say: | ||
(a) subsection (3) of section 5 of the Act of 1906, | ||
(b) subsection (5) of section 20 of the Act of 1934, and | ||
(c) sections 107 and 209 of the Companies (Consolidation) Act, 1908, | ||
it is necessary to ascertain the lump sum for which any weekly payment which includes a supplemental allowance could be redeemed, those enactments shall have effect subject to the provisions of subsection (4) of this section. | ||
(6) Any workman who is entitled to two or more concurrent weekly payments shall be entitled to supplemental allowances in respect of each weekly payment, but— | ||
(a) the aggregate of such allowances shall not exceed the maximum allowances respectively specified in paragraph (a) and paragraph (b) of subsection (1) of this section, and | ||
(b) where, but for this provision, the aggregate would exceed those maximum allowances and the weekly payments are not all payable by the same person, the several persons liable to make the weekly payments aforesaid shall only be liable to pay such allowances as bear to the said maximum allowances the same proportions as their respective weekly payments bear to the aggregate of the weekly payments. | ||
(7) The supplemental allowance in respect of his wife payable to a workman entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 shall, notwithstanding any other provision of this section, be at the maximum rate specified in paragraph (a) of subsection (1) of this section. | ||
(8) Where a workman has accepted a weekly payment which does not include a supplemental allowance or which includes a supplemental allowance less than the maximum, he shall not be entitled to any additional payment by way of supplemental allowance in respect of any week unless the claim for that payment is made within six months after the end of that week. | ||
(9) In this section “child” means, in relation, to a male workman entitled to a weekly payment,— | ||
(a) any legitimate or illegitimate child born to him not later than ten months after the accident giving rise to compensation, | ||
(b) any step-child, being a legitimate child whose mother was married to him before the accident, and | ||
(c) any child adopted before the accident by him, or by him and his wife jointly, in pursuance of an adoption order made under the Adoption Act, 1952 (No. 25 of 1952). |