S.I. No. 676/2003 - Air-Raid Precautions Services (Compensation For Personal Injuries) (Fifth Amendment) Scheme 2003


I, MICHAEL SMITH, Minister for Defence, in exercise of the powers conferred on me by section 64 (as amended by section 5 of the Air-raid Precautions (Amendment Act 1946 (No. 28 of 1946)) of the Air-raid Precautions Act 1939 (No. 21 of 1939), as adapted by the Air-raid Precautions Services (Compensation for Personal Injuries (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 78 of 1973 ), the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 294 of 1973 ), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), with the consent of the Minister for Finance, hereby make the following scheme:

1.           (1)      This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) (Fifth Amendment) Scheme 2003.

(2)      The Air-raid Precautions Services (Compensation for Personal Injuries) Schemes 1973 to 1976 and this Scheme may be cited together as the Air-raid Precautions Services (Compensation for Personal Injuries) Schemes 1973 to 2003.

2.           In this Scheme “Principal Scheme” means the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme 1973 ( S.I. No. 104 of 1973 ) (as amended by the Air-Raid Precautions Services (Compensation for Personal Injuries (Fourth Amendment) Scheme 1976 ( S.I. No. 183 of 1976 ).

3.           Each provision of the Principal Scheme specified in column (1) of the Table to this Scheme shall, for the purposes of increasing the compensation payable under the Principal Scheme, have effect as if for the amount mentioned in column (2) of the said Table opposite the mention of such provision in column (1) there were substituted with effect from the making of this Scheme, the weekly amount mentioned in column (3) of that Table opposite the mention of such provision in column (1).

4.           Article 32 (compensation - partial dependants) of the Principal Scheme is amended in paragraph (1) by the substitution of “€9413” for “£900”.

TABLE

Article 3

Provision in Principal Scheme

(1)

(2)

(3)

Article 5(2)(a)

Compensation for loss of earnings in the case of a person aged 18 years or over.

£38.10

€249.60

Article 5(2)(b)

Compensation for loss of earnings in the case of a person aged less than 18 years.

£33.85

€249.60

Article 12(1)(a)

Compensation for total disablement in the case of a person aged less than 18 years.

£10.80

€155.90

Article 12(1)(a)(i)

Compensation for total disablement in the case of a person aged over 18 years who is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband.

£10.80

€155.90

Article 12(1)(a)(ii)

Compensation for total disablement in the case of a person aged over 18 years to whom, if in receipt of compensation for loss of earnings, an increase of compensation for loss of earnings in respect of a child qualified for the purposes of this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions of Article 14(3) or Article 15(3) of this Scheme be payable).

£10.80

€155.90

Article 12(1)(b)

Compensation for total disablement in any other case.

£13.80

€155.90

Article 12(2)

Any case less than total disablement.

£13.80

Reduced Rate bearing the same proportion to €155.90 as appropriate, as the degree of disablement bears to 100%

Article 13(1)(a)(i)

Limitations to payment of compensation for disablement if a person qualifies for disability, injury, disablement benefit or invalidity pension under the Social Welfare Acts or sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, by reason of the person having sustained such injury, and the aggregate payments would otherwise exceed, in the case of a person aged less than 18 years.

£33.85

€249.60

Article 13(1)(a)(i)(I)

Limitations as for Article 13(1)(a)(i) in the case of a person aged over 18 years who is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband.

£33.85

€249.60

Article 13(1)(a)(i)(II)

Limitations as for Article 13(1)(a)(i) in the case of a person aged over 18 years to whom, if in receipt of compensation for loss of earnings, an increase of compensation for loss of earnings in respect of a child qualified for the purpose of this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions of Article 14(3) or Article 15(3) of this Scheme be payable).

£33.85

€249.60

Article 13(1)(a)(ii)

Limitations as for Article 13(1)(a) in any other case.

£38.10

€249.60

Article 14(1)

Increase of compensation for loss of earnings and compensation for disablement for adult dependants.

£6.45

€82.80

Article 15(1)

Increase of compensation for loss of earnings and compensation for disablement in respect of 1 or 2 qualified child dependants.

£2.80

€16.80

Article 15(1)

Increase of compensation for loss of earnings and compensation for disablement where there are more than 2 children, in respect of each such child in excess of 2.

£2.35

€16.80

Article 15A(1)(a)(i)

Compensation for permanent disablement in respect of beneficiary who is under the age of 18 years.

£8.65

€124.80

Article 15A(1)(a)(ii)

Compensation for permanent disablement in respect of beneficiary aged over 18 years who is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband.

£8.65

€124.80

Article 15A(1)(b)

Permanent disablement in any other case.

£9.90

€124.80

Article 16(1)

Increase of compensation for disablement where constant attendance is needed

£5.20

€139.70

-     standard rate.

Article 16(1)

Increase of compensation for disablement where constant attendance is needed

£10.40

€139.70

-     rate for exceptionally severe disablement.

Article 17(1)(a)(i)

Adjustments for separate qualifying injuries in respect of a person aged 18 years or over.

£38.10

€249.60

Article 17(1)(a)(ii)

Adjustments for separate qualifying injuries in respect of a person aged less than 18 years.

£33.85

€249.60

Article 27(1)

Compensation - Widows.

£12.95

Under 66 years €153.60

66 years and over €161.70

Article 28 (2)

Compensation in the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and for as long as the widower remains incapable of self-support by reason of that infirmity.

£12.95

Under 66 years €153.60

66 years and over €161.70

Article 28(3)

Compensation in the case of any other widower.

Gratuity of £674

Under 66 years €153.60

66 years and over €161.70

Article 29(1)

Increase in compensation of widow or widower for qualified children.

£3.35

€21.60

Article 30(2)

Compensation for parents and certain relatives if wholly or mainly maintained by the deceased if the deceased was at the date of his or her death a married person.

£5.75

€70.90

Article 30(3)(a)(i)

Compensation if deceased at the date of his or her death was a widower, widow or an unmarried person whose father is incapable of self-support due to physical or mental infirmity.

£12.95

Under 66 years €153.60

66 years and over €161.70

Article 30(3)(a)(ii)

Compensation where the parent is the father in any other case.

£5.75

€70.90

Article 30 (3)(b)

Compensation where the parent is the mother and at the date of death of the deceased she was or thereafter became a widow.

£12.95

Under 66 years €153.60

66 years and over €161.70

Article 30 (3)(c)(i)

Compensation where the parent is the mother and is not a widow if her husband is paid compensation under Article 30 (3)(a)(i).

£5.75

€70.90

Article 30 (3)(c)(ii)

Compensation where the parent is the mother in any other case.

£12.95

Under 66 years €153.60

66 years and over €161.70

Article 30 (4)

Reduced rate of compensation if father ceases to be incapable of self-support under Article 30(3)(a)(i).

£5.75 in each place where it occurs

€70.90 in each place where it occurs

Article 30 (4)

Subsequent increase of compensation to mother where father ceases to be incapable of self-support under Article 30(3)(a)(i).

£12.95 in each place where it occurs

Under 66 years €153.60 and over 66 years €161.70 in each place where it occurs

Article 30 (5)(i)

Rate of compensation in respect of relatives residing with the deceased's widow or widower.

£3.35

€21.60

Article 30 (5)(ii)

Compensation in respect of relatives in any other case.

£5.75

€70.90

Article 30 (6)(c)

Compensation in respect of relatives who at deceased's death were wholly or mainly maintained by the deceased where incapable of self-support by reason of some physical or mental infirmity.

£5.75

€70.90

Article 31(2)

Compensation in respect of orphans who are children or stepchildren of the deceased.

£7.75

€99.90

GIVEN under my official seal,

18th Nov 2003.

MICHAEL SMITH

Minister for Defence.

The Minister for Finance hereby consents to the making of the foregoing Scheme.

GIVEN under my official seal

of the Minister for Finance,

10th Dec 2003.

CHARLIE MCCREEVY

Minister for Finance.