S.I. No. 845/2004 - Social Welfare (Occupational Injuries) (Amendment) Regulations 2004


The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002)), 53 (as amended by section 37 of the Social Welfare Act 2001 (No. 5 of 2001)), 54 (as amended by section 20 of the Social Welfare Act 1994 (No. 4 of 1994)) and 57 (as amended by section 19 of the Social Welfare Act 2001 ) of the Social Welfare (Consolidation) Act 1993 (No. 27 of 1993), hereby makes the following regulations:

Citation.

1. These regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations 2004.

Commencement.

2. These regulations come into operation—

(a)  in so far as they relate to injury benefit and disablement gratuity on 3 January 2005, and

(b)  in so far as they relate to disablement pension on 7 January 2005.

Definition.

3. In these regulations, “the Regulations of 2003” means the Social Welfare (Occupational Injuries) (Amendment) Regulations 2003 ( S.I. No. 697 of 2003 ).

Increased rates of benefits and pensions under the occupational injuries scheme.

4. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are amended by—

(a)  the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 2003) of the Schedule set out in Schedule A to these regulations, subject in respect of the Scale set out in the said Second Schedule (as inserted by these Regulations), to the following provisions—

(i)  the rates of pension specified in column (3) of the Scale shall have effect on and from 7 January 2005 whether the period taken into account by the assessment began on, before, or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on or after 3 January 2005, and

(b)  the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2003) of the Schedule set out in Schedule B to these regulations.

SCHEDULE A

Articles 6 and 7

“SECOND SCHEDULE

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement

(1)

Amount of Gratuity

(2)

Weekly Rate of Pension

(3)

Per Cent

1

1,259

1.80

2

1,889

3.60

3

2,518

5.40

4

3,148

7.20

5

3,777

9.00

6

4,407

10.80

7

5,036

12.60

8

5,666

14.40

9

6,295

16.20

10

6,925

18.00

11

7,554

19.80

12

8,184

21.60

13

8,813

23.40

14

9,443

25.20

15

10,072

27.00

16

10,702

28.80

17

11,331

30.60

18

11,961

32.40

19

12,590

34.20

 

SCHEDULE B

Article 4

“FOURTH SCHEDULE

Part I

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          ...        ...        ...

148.80

(b) In any other case ...      ...      ...        ...

71.20

 

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GIVEN under the Official Seal of the Minister for Social and Family Affairs this 16th day of December, 2004.

SÉAMUS BRENNAN,

Minister for Social and Family Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare Act 2004 provides for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the Budget. These regulations provide for increases in the reduced rates of the following Occupational Injuries benefits:

—  in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19% or less, with effect from 3 January 2005,

—  in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 7 January 2005, and

—  in respect of Injury Benefit payable to persons under the age of sixteen, with effect from 3 January 2005.