S.I. No. 92/1967 - Social Welfare (Occupational Injuries) (Medical Care) Regulations, 1967.

S.I. No. 92 of 1967.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (MEDICAL CARE) REGULATIONS, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 29 and 47 of the Social Welfare Act, 1952 (No. 11 of 1952), as applied by article 21 of the Social Welfare (Occupational Injuries) Regulations, 1967, and by section 26 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :

1 Short title.

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Medical Care) Regulations, 1967.

2 Interpretation.

2. In these Regulations—

"the Act" means the Social Welfare (Occupational Injuries) Act, 1966 ;

"medical care payment" means a payment under section 26 of the Act in respect of the cost of medical care.

3 Period for notice of medical care

3. (1) The period within which notice of the medical care required by a person is to be given pursuant to subsection (5) of section 26 of the Act shall be six weeks from the date of the commencement of such care.

(2) Where there was good cause for failure to give the notice within the period specified in the foregoing sub-article, the Minister may extend the period to the date on which the notice is given.

(3) Where the insured person is unable for the time being to act or is under the age of sixteen, the notice may be given by some other person acting on his behalf.

4 Claims to be made to the Minister.

4. Every claim for a medical care payment shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances of any particular case or class of cases.

5 Information to be given when making a claim.

5. Every person who makes a claim for a medical care payment shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

6 Making of payments.

6. (1) Payment of a medical care payment shall be made at the residence of the insured person, or any other person, body or authority to whom the Minister may think that payment should be made on behalf of the insured person, by post or otherwise, as soon as is reasonably practicable after it is established that such payment is due.

(2) Notwithstanding anything contained in the foregoing subarticle, the Minister may direct that payment of a medical care payment shall, in particular cases, be made at such time and place and subject to such conditions as he may determine.

7 Persons unable to act.

7. (1) Where a person claiming or entitled to a medical care payment is unable for the time being to act or is under the age of sixteen, the Minister may appoint some other person to exercise on behalf of the person claiming or entitled any right or power which that person may be entitled to exercise under the Act.

(2) The following provisions shall apply to every appointment made by the Minister under this article :

(a) the Minister may at any time revoke the appointment,

(b) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,

(c) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the person claiming or entitled has been appointed.

(3) A person appointed under this article to act for a person claiming or entitled to a medical care payment may exercise on behalf of that person any right or power which that person may be entitled to exercise by or under the Act and may receive and deal with any sum payable by way of a medical care payment on behalf of that person.

(4) Anything required to be done by or under the Act to a person claiming or entitled to a medical care payment may be done as respects a person who is unable to act or is under the age of sixteen to the person appointed under this article to act for him.

(5) The receipt of a person appointed under this article to act for a person claiming or entitled to a medical care payment shall be a good discharge to the Minister and the Occupational Injuries Fund for any sums paid to such person on behalf of the person claiming or entitled.

8 Payments on death.

8. (1) On the death of a person claiming or entitled to a medical care payment, the Minister may allow such person as he may think fit to proceed with or to make a claim for a medical care payment in the name of such deceased person.

(2) On the death of a person entitled to a medical care payment, any sum payable in respect of such payment may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows :—

(a) where the deceased died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

(b) where the deceased died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the deceased) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others,

(c) in the case of the illegitimacy of the deceased or any child of his, any person who in the opinion of the Minister would have been entitled to the said sum if the deceased or such child had been legitimate may, for the purposes of the preceding paragraph, be treated as a person beneficially entitled thereto.

(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Occupational Injuries Fund for the sum so paid.

(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

GIVEN under my Official Seal, this 1st day of May, 1967.

JOSEPH BRENNAN

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations contain provisions relating to conditions for the receipt of a medical care payment, under the Social Welfare (Occupational Injuries) Act, 1966 . They specify the period within which prescribed notice of the medical care required is to be given, the manner of making a claim and the time and manner of making payment. They include provisions for the appointment of a person to act on behalf of a claimant or beneficiary who is unable for the time being to act or is under the age of sixteen, for the purpose of giving prescribed notice of the medical care required or of making a claim for a medical care payment. The Regulations also contain provisions relating to conditions for making claim to and payment of the cost of medical care in the case of a deceased claimant or beneficiary.