S.I. No. 683/2010 - Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2011.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 , 74 and 75 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation.

1. These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010.

Commencement.

2. These Regulations come into operation—

(a) in so far as they relate to injury benefit and disablement gratuity on 3 January 2011, and

(b) in so far as they relate to disablement pension on 7 January 2011.

Definition.

3. In these Regulations, the “Principal Regulations” means the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 ( S.I. No. 102 of 2007 ).

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

4. The Principal Regulations are amended by—

(a) substituting the Schedule set out in Schedule A to these Regulation for Schedule 1, and

(b) substituting the Schedule set out in Schedule B to these Regulation for Schedule 3, subject in respect of the Scale set out in the said Schedule B, to the following provisions—

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from 7 January 2011 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 2011.

SCHEDULE A

“SCHEDULE 1

Article 7.

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

Weekly Rates of Injury Benefit Payable to Persons under the Age of SixteenYears(1)

Weekly Rate(2)

(a) where the relevant employment (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment ..............(b) in any other case..............

€188.00 89.90

”.

SCHEDULE B

“SCHEDULE 3

Articles 9 and 10.

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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

€1,532 2,298 3,064 3,830 4,596 5,362 6,128 6,894 7,660 8,426 9,192 9,958 10,724 11,490 12,256 13,022 13,788 14,554 15,320

€2.20 4.40 6.60 8.80 11.00 13.10 15.30 17.50 19.70 21.90 24.10 26.30 28.50 30.70 32.90 35.00 37.20 39.40 41.60

”.

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GIVEN under the Official Seal of the Minister for Social Protection,

31 December 2010.

ÉAMON Ó CUÍV,

Minister for Social Protection.

EXPLANATORY NOTE

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

The Social Welfare Act 2010 provides for changes in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from Budget 2001.

These regulations provide for changes in the reduced rates of Occupational Injuries Benefits—

• in respect of Disablement Gratuities where the degree of disablement is assessed at 19% or less, with effect from 3 January 2011,

• in respect of Disablement Pensions payable in lieu of such Gratuities, with effect from 7 January 2011, and

• in respect of Injury Benefit payable to persons under the age of sixteen, with effect from 3 January 2011.