S.I. No. 82/1992 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1992.

S.I. No. 82 of 1992.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1992.

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

1 Short title.

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1992.

2 Interpretation.

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

3 Commencement.

3. These Regulations shall come into operation on the 6th day of April, 1992.

4 Amendment of article 4 of Principal Regulations.

4. The Principal Regulations are hereby amended by substitution for article 4 (as amended by the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1986 ( S.I. No. 81 of 1986 )) of the following article:

"4. (1) Subject to the following provisions of this article, a person under the age of sixteen years shall be entitled to injury benefit in accordance with the provisions of subsections (1) to (4) of section 42 of the Social Welfare (Consolidation) Act, 1981 .

(2) The weekly rate of injury benefit in the case of any such person shall be the amount set out, as appropriate, in column (2) of Part I 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 I 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.".

5 Amendment of the Fourth Schedule to Principal Regulations.

5. The Principal Regulations are hereby amended by the substitution for Part I of the Fourth Schedule (inserted by article 4 of the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1991 ( S.I. No. 206 of 1991 )) of the following Part:

"PART I.

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years.

".

6 Saver.

6. Notwithstanding article 5 of these Regulations, in the case of a person under the age of sixteen years who is entitled to or in receipt of injury benefit at the weekly rate of £65 immediately before the 6th day of April, 1992, the weekly rate of injury benefit (exclusive of any increase thereof) shall be £65 for the injury benefit period.

GIVEN under the Official Seal of the Minister for Social Welfare this

6th day of April, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

EXPLANATORY NOTE.

Section 35 of the Social Welfare Act, 1992 provides for the alignment of the personal rate of injury benefit with the personal rate of disability benefit in the case of claims commencing on or after 6 April, 1992.

These Regulations provide for a consequential alignment of the weekly rate of injury benefit, which is payable to persons aged under 16 years who are in full-time employment, with the weekly rate of disability benefit. This measure will apply in the case of claims commencing on or after 6 April, 1992.