S.I. No. 157/1983 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1983.


S.I. No. 157 of 1983.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1983.

The Minister for Social Welfare, in exercise of the powers conferred on him 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, 1983.

(2) These Regulations and the Social Welfare (Occupational Injuries) Regulations, 1967 to 1982 may be cited together as the Social Welfare (Occupational Injuries) Regulations, 1967 to 1983.

2. These Regulations shall come into operation on the 30th day of June, 1983.

3. In these Regulations—

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

"the Regulations of 1982" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1982 ( S.I. No. 78 of 1982 ).

4. (1) The Second Schedule to the Principal Regulations is hereby amended by the substitution for the scale (inserted by the Regulations of 1982) 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 30th day of June, 1983 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 30th day of June, 1983.

5. The Fourth Schedule to the Principal Regulations is hereby amended by the substitution for the weekly rates of injury benefit payable to persons under the age of sixteen years (inserted by the Regulations of 1982) set out in that Schedule, of the weekly rates set out in column (2) of Part I of Schedule B to these Regulations.

6. The Fourth Schedule to the Principal Regulations is hereby amended by the substitution for the weekly rates of constant attendance allowance (inserted by the Regulations of 1982) set out in that Schedule, of the weekly rates set out in column (2) of Part II of Schedule B to these Regulations.

SCHEDULE A

Articles 6 and 7

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 or over

For persons under age 66

For persons aged 66 or over

£

£

£

£

1 per cent

368.00

376.00

0.53

0.54

2 per cent

552.00

564.00

1.06

1.08

3 per cent

736.00

752.00

1.59

1.62

4 per cent

920.00

940.00

2.12

2.17

5 per cent

1,104.00

1,128.00

2.65

2.71

6 per cent

1,288.00

1,316.00

3.18

3.25

7 per cent

1,472.00

1,504.00

3.72

3.79

8 per cent

1,656.00

1,692.00

4.25

4.33

9 per cent

1,840.00

1,880.00

4.78

4.88

10 per cent

2,024.00

2,068.00

5.31

5.42

11 per cent

2,208.00

2,256.00

5.84

5.96

12 per cent

2,392.00

2,444.00

6.37

6.50

13 per cent

2,576.00

2,632.00

6.91

7.04

14 per cent

2,760.00

2,820.00

7.44

7.59

15 per cent

2,944.00

3,008.00

7.97

8.13

16 per cent

3,128.00

3,196.00

8.50

8.67

17 per cent

3,312.00

3,384.00

9.03

9.21

18 per cent

3,496.00

3,572.00

9.56

9.75

19 per cent

3,680.00

3,760.00

10.09

10.30

SCHEDULE B

PART I

Article 4

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

(1)

Weekly rate

(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

37.90

(b) In any other case

17.26

PART II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance

(1)

Weekly rate

(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 wholetime

(a) beneficiary under age 66

21.20

(b) beneficiary aged 66 and over

21.60

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

(a) beneficiary under age 66

10.60

(b) beneficiary aged 66 and over

10.80

(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

31.80

(ii) beneficiary aged 66 and over

32.40

(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

42.40

(ii) beneficiary aged 66 and over

43.20

GIVEN under the Official Seal of the Minister for Social Welfare

this 8th day of June, 1983

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Regulations amend the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) in order to increase with effect from 30 June 1983 the rates of injury benefit payable to persons under the age of sixteen, the amounts of disablement gratuities appropriate to degrees of disablement assessed at less than 20%, the weekly rates of pension which may be substituted for such gratuities and the rates of constant attendance allowance.