S.I. No. 397/1977 - Emergency Powers (Compensation For Personal Injuries) (Civilians) Scheme, 1942 (Tenth Amendment) Scheme, 1977.

S.I. No. 397 of 1977.

EMERGENCY POWERS (COMPENSATION FOR PERSONAL INJURIES) (CIVILIANS) SCHEME, 1942 (TENTH AMENDMENT) SCHEME, 1977.

I, SEOIRSE Ó COLLA, Minister for the Public Service in exercise of the powers conferred on me by section I of the Continuation of Compensation Schemes Act, 1946 (No. 19 of 1946), (as amended by section 2 of the Continuation of Compensation Schemes Act, 1946 (Amendment) Act, 1949 (No. 15 of 1949)), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby make the following Scheme:

1. This Scheme may be cited as the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Tenth Amendment) Scheme, 1977.

2. In this Scheme—

"the Scheme of 1976" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Ninth Amendment) Scheme, 1976, ( S.I. No. 159 of 1976 );

"the Principal Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (S.R. and O., No. 229 of 1942).

3. Paragraphs (1) and (2) of Article 10 of the Principal Scheme are hereby amended by—

( a ) the substitution, with effect from the 4th day of April, 1977, for "fifteen pounds and twenty new pence" (inserted by the Scheme of 1976) of "seventeen pounds and forty new pence", and the said paragraphs, as so amended, are set out in Part I of the Table to this Article, and

( b ) the substitution, with effect from the 3rd day of October, 1977, for "seventeen pounds and forty new pence" (inserted by this Scheme) of "eighteen pounds and thirty new pence", and the said paragraphs, as so amended, are set out in Part II of the Table to this Article.

TABLE.

PART I.

10. (1) The full rate of basic compensation in case of total disablement shall be seventeen pounds and forty new pence a week.

(2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to seventeen pounds and forty new pence a week as the degree of disablement bears to one hundred per cent.

PART II.

10. (1) The full rate of basic compensation in case of total disablement shall be eighteen pounds and thirty new pence a week.

(2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to eighteen pounds and thirty new pence a week as the degree of disablement bears to one hundred per cent.

4. Article 24 of the Principal Scheme is hereby amended by—

( a ) the deletion in paragraph (1) (a) of "or an allowance of eight shillings per week is for the time being payable under paragraph (3) or paragraph (5) of this Article to any child of any earner",

( b ) the deletion of paragraph (1) (b),

( c ) the substitution in paragraphs (1) and (2), with effect from the 1st day of October, 1976, for "fourteen pounds and twenty-five new pence" (inserted by the Scheme of 1976) of "fourteen pounds and ninety-five new pence", and the said paragraphs, as so amended, are set out in Part I of the Table to this Article,

( d ) the substitution in paragraphs (1) and (2), with effect from the 4th day of April, 1977, for "fourteen pounds and ninety-five new pence" (inserted by this Scheme) of "sixteen pounds and thirty new pence", and the said paragraphs, as so amended, are set out in Part II of the Table to this Article, and,

( e ) the substitution in paragraphs (1) and (2), with effect from the 3rd day of October, 1977, for "sixteen pounds and thirty new pence" (inserted by this Scheme) of "seventeen pounds and fifteen new pence" and the said paragraphs, as so amended, are set out in Part III of the Table to this Article.

TABLE.

PART I.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning, an allowance of fourteen pounds and ninety-five new pence a week.

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of fourteen pounds and ninety-five new pence a week.

PART II.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning, an allowance of sixteen pounds and thirty new pence a week.

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of sixteen pounds and thirty new pence a week.

PART III.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning, an allowance of seventeen pounds and fifteen new pence a week.

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of seventeen pounds and fifteen new pence a week.

GIVEN under my Official Seal, this 30th day of December, 1977.

SEOIRSE Ó COLLA,

Minister for the Public Service.

EXPLANATORY NOTE.

This scheme, made by the Minister for the Public Service, provides for increases in the rates of compensation payable to civilians in respect of injuries received as a result of air raids during the war.