S.I. No. 104/1973 - Air-Raid Precautions Services (Compensation For Personal Injuries) Scheme, 1973.
S.I. No. 104 of 1973. | ||
AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1973. | ||
ARRANGEMENT OF ARTICLES. | ||
Article | ||
6. Reference of applications for compensation for loss of earnings to the Board. | ||
7. Limitations to payment of compensation for loss of earnings. | ||
9. Reference of application for compensation for disablement to the Board. | ||
16. Increase of compensation for disablement where constant attendance is needed. | ||
19. Suspension or reduction of compensation of persons refusing medical or surgical treatment. | ||
22. Power to require applicant to furnish certain particulars. | ||
29. Increase of compensation of widow or widower for qualified children. | ||
37. Withholding of compensation in case of person becoming ordinarily resident outside the State. | ||
38. Provision relating to payments on account of compensation. | ||
45. Prohibition of assignment etc. of payments under this Scheme. | ||
CORRIGENDA | ||
S.I. No. 104 of 1973. | ||
Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973. | ||
Page 4. In paragraph (1) of Article 2, for "Army Pension Board" read "Army Pensions Board". | ||
Page 9. Paragraph (1) of Article 9 should read as follows: | ||
"(1) Every application for compensation for disablement shall, unless the Minister is satisfied that the applicant is not a person to whom this Scheme applies, or that the applicant did not sustain a qualifying injury, or that the applicant sustained a qualifying injury which was due to the applicant's own serious negligence or misconduct, be referred to the Board, who shall report to the Minister on the application." | ||
Page 13. In paragraph (3) of Article 15, for "Social Welfare Acts, 1952 - 1972," read "Social Welfare Acts, 1952 to 1972,". | ||
Page 15. Paragraph (2) of Article 18 should read as follows: | ||
(2) Where a person - | ||
(a) receives a qualifying injury, and | ||
(b) obtains any medical or surgical appliance which is, in the opinion of the Minister, calculated to lessen his disablement, | ||
then, whether or not that person has been awarded compensation under this Part of this Scheme, the Minister may, with the consent of the Minister for Finance, pay on behalf of that person or repay to that person, in respect of the cost of the appliance, such sum as the Minister may consider reasonable. | ||
Page 19. In paragraph (3)(a)(ii) of Article 30, for "£280" read "£2.80". | ||
Page 24. Line eleven of Article 36 should read as follows: | ||
"alternative compensation and, in case such person surrenders such". | ||
I, PATRICK S. DONEGAN, Minister for Defence, with the consent of the Minister for Finance, in exercise of the powers conferred on me by section 64 of the Air-raid Precautions Act, 1939 (No. 21 of 1939), as amended by section 5 of the Air-raid Precautions (Amendment) Act, 1946 (No. 28 of 1946), and the Air-raid Precautions Services (Compensation for Personal Injuries) (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 78 of 1973 ), hereby make the following Scheme: | ||
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PART I.PRELIMINARY. | ||
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1 Short title. | 1. (1) This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973. | |
(2) This Scheme shall be deemed to have come into operation on the 1st day of April, 1973. | ||
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2 Definitions. | 2. (1) In this Scheme— | |
"the Minister" means the Minister for Defence; | ||
"the Board" means the Army Pension Board; | ||
"personal injury" means loss of physical or mental capacity; | ||
"qualifying injury" means any personal injury (whether sustained before, on, or after the date of the commencement of this Scheme) to which section 64 of the Air-raid Precautions Act, 1939 (No. 21 of 1939), as amended by section 5 of the Air-raid Precautions (Amendment) Act, 1946 (No. 28 of 1946), applies, and which is sustained by an authorised member of an Air-raid Precautions Service established under a scheme approved by the Minister under section 13 or 38 of that Act; | ||
"degree of disablement" means, in relation to a disabled person, the measure of disablement (expressed by way of percentage, one hundred per cent, representing total disablement) which is certified by the Board to be suffered by that person by a comparison of his condition as disabled with the condition of a normal healthy person of the same age and sex; | ||
"child qualified for the purposes of this Scheme" means a person who— | ||
( a ) is under the age of eighteen years, | ||
( b ) is ordinarily resident in the State, and | ||
( c ) is not detained in a reformatory or an industrial school; | ||
"relative" means any person who is a child, grandchild, parent, grandparent, brother, sister, step-brother or step-sister of the person in relation to whom the word is used; | ||
"public moneys" means moneys provided by the Oireachtas or out of the Central Fund, or out of the funds of a local authority or out of the Social Insurance Fund established under the Social Welfare Act, 1952 (No. 11 of 1952), or the Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), or moneys paid out of any fund declared under the Superannuation Act, 1892, to be a public fund. | ||
(2) Any question relating to the normal residence of a child qualified for the purposes of this Scheme shall, for the purposes of this Scheme, be decided in accordance with section 5 (2) of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection. | ||
(3) Where a child qualified for the purposes of this Scheme has been or becomes adopted pursuant to the Adoption Acts, 1952 and 1964, then for the purposes of this Scheme— | ||
( a ) the child shall be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan qualified for the purposes of this Scheme immediately before the adoption, as having ceased to be such an orphan, and | ||
( b ) if there is one adopter only, in any application after the adoption with respect to the child of the definition of "orphan qualified for the purposes of this Scheme" contained in Article 24 of this Scheme, "the parent of whom is dead" shall be substituted in clause (a) of that definition for "both of whose parents are dead". | ||
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3 Persons to whom this Scheme applies. | 3. (1) This Scheme applies to— | |
( a ) any person ordinarily resident in the State and | ||
( b ) a person in respect of whom a direction has been given by the Minister under paragraph (2) of this Article. | ||
(2) The Minister may, if he so thinks fit having regard special circumstances, direct, in respect of any person not ordinarily resident in the State, that this Scheme shall apply to that person. | ||
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4 Revocation of A.R.P. Services (Compensation for Personal Injuries) Scheme, 1942, as amended, and provision as to payments thereunder. | 4. (1) The Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (S.R. & O., No. 319 of 1942), the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (First Amendment) Scheme, 1943 (S.R. & O., No. 415 of 1943), the Air-raid Precautions (Compensation for Personal Injuries) Scheme, 1942 (Second Amendment) Scheme, 1949 ( S.I. No. 43 of 1949 ) and the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (Third Amendment) Scheme, 1957 ( S.I. No. 50 of 1957 ), are hereby revoked. | |
(2) Any payments made under the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942, as amended, shall be deemed to have been made under this Scheme. | ||
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PART II.COMPENSATION IN NON-FATAL CASES | ||
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5 Compensation for loss of earnings. | 5. (1) Where a person to whom this Scheme applies makes an application to the Minister in that behalf and the Minister is satisfied that he sustained a qualifying injury and that the injury was not due to that person's serious negligence or misconduct, then, subject to the provisions of this Scheme, compensation for loss of earnings may be paid, under this Part of this Scheme, to that person in respect of any day on which, as the result of the injury, he is incapable of work, provided that— | |
( a ) evidence of loss of earnings, in such form as the Minister may consider satisfactory, is furnished, | ||
( b ) a medical certificate from a duly qualified medical practitioner is furnished with the application for compensation for loss of earnings and such medical certificates are furnished at such subsequent intervals as may be directed by the Minister, and | ||
( c ) the compensation for loss of earnings shall not be payable for a period or periods exceeding in the aggregate twenty-six weeks in respect of the same injury. | ||
(2) The maximum weekly rate of compensation for loss of earnings shall be— | ||
( a ) £13.65 in the case of a person aged eighteen years or over; | ||
( b ) £10.45 in the case of a person aged less than eighteen years. | ||
(3) The amount payable by way of compensation for loss of earnings in respect of any day of incapacity for work shall be one-sixth of the appropriate weekly rate. | ||
(4) For the purposes of this Article, a person under the age of eighteen years to whom an increase in compensation for loss of earnings in respect of a qualified child or children so qualified or an adult dependant is payable (or would except for the provisions of paragraph (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable) shall, notwithstanding that he has not attained the age of eighteen years, be treated as if he had attained that age. | ||
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6 Reference of applications for compensation for loss of earnings to the Board. | 6. (1) The Minister may at any time direct that an application for compensation for loss of earnings be referred to the Board who shall report to the Minister on the application. | |
(2) The Board may, in any case in which they think fit, refer an applicant for examination by a duly qualified medical practitioner (in this Scheme referred to as the Medical Examiner) appointed for that purpose by the Minister. | ||
(3) Whenever an applicant is referred under this Article to the Medical Examiner for examination, the Medical Examiner shall report the result of the examination to the Board and the report shall be in such form as the Board may direct. | ||
(4) Where an applicant is summoned by the Board to attend for medical examination and fails or refuses to attend for that examination, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect:— | ||
( a ) the Minister may refuse the application or, where compensation for loss of earnings is already being paid, discontinue payment of that compensation, | ||
( b ) where the Minister decides not to refuse the application or discontinue payment of compensation for loss of earnings, and such compensation is already being paid, the following provisions shall have effect:— | ||
(i) the Minister shall inform the Board of his decision, | ||
(ii) the Board shall with all convenient speed again summon the applicant for examination, | ||
(iii) if the applicant fails or refuses to attend for the examination, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application or discontinue payment of compensation for loss of earnings, where that compensation is already being paid, | ||
( c ) where the Minister refuses the application or discontinues payment of compensation for loss of earnings, the applicant shall not, unless the Minister so permits, be entitled to renew his application or reopen the case. | ||
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7 Limitations to payment of compensation for loss of earnings. | 7. (1) Compensation for loss of earnings, shall not be payable to any person during any period in respect of which disability benefit or injury benefit is, by reason of his having sustained a qualifying injury, payable to him under the Social Welfare Acts 1952 to 1972, in excess of the amount (if any) by which that benefit falls short of the appropriate rate of compensation for loss of earnings including any increase thereof. | |
(2) The weekly rate of compensation for loss of earnings, including any increase thereof, shall not exceed the beneficiary's weekly earnings, overtime being disregarded, from employment at the time he sustained the injury to which the compensation relates. | ||
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8 Compensation for disablement. | 8. (1) Where— | |
( a ) a person to whom this Scheme applies makes an application to the Minister in that behalf and the Minister is satisfied that he sustained a qualifying injury and that the injury was not due to such person's serious negligence or misconduct, and | ||
( b ) the Board report that the person has been disabled as the result of the injury, | ||
then, subject to the provisions of this Scheme, compensation for disablement may be paid, under this Part of this Scheme, to that person in respect of the disablement. | ||
(2) Compensation for disablement shall not, however, be payable in respect of any period during which the person is in receipt of compensation for loss of earnings under Article 5 of this Scheme in respect of the same injury. | ||
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9 Reference of applications for compensation for disablement to the Board. | 9. (1) Every application for compensation for disablement shall, unless the Minister is satisfied that the applicant is not a person to whom this Scheme applies, or that the applicant did not sustain a qualifying injury which was due to the applicant's own serious negligence or misconduct, be referred to the Board, who shall report to the Minister on the application. | |
(2) Where the Board report that a person is suffering from a disablement, they shall assess and state in their report the degree of the disablement. | ||
(3) Where a person has received two or more separate qualifying injuries, his degree of disablement shall be assessed by the Board by reference to the aggregate disablement caused by the injuries in combination. | ||
(4) Where— | ||
( a ) an application is referred to the Board for a report as to the applicant's degree of disablement, whether on the first making of the application or on a subsequent review, | ||
( b ) the applicant's degree of disablement is assessed at less than one hundred per cent., and | ||
( c ) it appears to the Board that, having regard to the nature of the qualifying injury and the class of employment which the person was engaged in prior to the qualifying injury, the applicant is totally unfitted, as a consequence of the qualifying injury, for such class of employment, and that he has been unable to obtain work in such employment, | ||
the Board may, if they think fit, assess his degree of disablement as one hundred per cent. | ||
(5) The Board may, in any case in which they think fit, refer an applicant to be medically examined by the Medical Examiner appointed for that purpose by the Minister. | ||
(6) Whenever an applicant is referred under this Article to the Medical Examiner for medical examination, the Medical Examiner shall report to the Board on him in such form as the Board may direct. | ||
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10 Refusal of applications for compensation for disablement in case of failure to attend before the Board. | 10. Where an applicant for compensation for disablement is summoned by the Board to attend for medical examination and fails or refuses to attend for that examination, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect:— | |
( a ) the Minister may refuse the application, | ||
( b ) where the Minister decides not to refuse the application, the following provisions shall have effect:— | ||
(i) the Minister shall inform the Board of his decision, | ||
(ii) the Board shall, not later than three months after being so informed, again summon the applicant to attend for medical examination, | ||
(iii) if the applicant fails or refuses to attend for the examination, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application, | ||
( c ) where the Minister refuses the application, the applicant shall not, unless the Minister so permits, be entitled to renew his application. | ||
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11 Re-examination of applicants. | 11. (1) Where an application for compensation for disablement has been refused, otherwise than under Article 10 of this Scheme, or granted, the Minister may request the Board to examine or re-examine the applicant or cause him to be examined or re-examined, and the Board shall comply with such request and report the result of such examination or re-examination to the Minister. | |
(2) Where compensation for disablement is payable to a person, the Board may request the person to present himself before them or the Medical Examiner for re-examination, and, if any such person who is so requested fails or refuses to comply with the request, the Minister may cancel the grant of such compensation as on and from the date of such failure or refusal. | ||
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12 Rate of compensation for disablement. | 12. (1) The maximum weekly rate of compensation in the case of total disablement shall be— | |
( a ) £6.10 in the case of a person aged less than eighteen years— | ||
(i) or being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, or | ||
(ii) other than a person 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 paragraph (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable), and | ||
( b ) £8.10 in any other case. | ||
(2) The maximum weekly rate of compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to £6.10 or £8.10, as appropriate, as the degree of disablement bears to one hundred per cent. | ||
(3) The rate of compensation for disablement payable to a person whose disablement is less than total disablement shall not be less than £0.50 a week. | ||
(4) Where a person to whom compensation for disablement is payable is required to undergo examination or treatment in respect of a qualifying injury, and the examination or treatment involves his absence from home, the person shall be deemed, for the purposes of this Part of this Scheme, to be totally disabled during the period of absence. | ||
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13 Limitations to payment of compensation for disablement. | 13. (1) Where, in respect of any period for which compensation for disablement is payable to a person in respect of a qualifying injury, disability benefit, injury benefit, disablement benefit or invalidity pension under the Social Welfare Acts, 1952 to 1972 or sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, is also payable, by reason of his having sustained such injury, and the aggregate payments would otherwise exceed— | |
( a ) (i) £10.45 a week in the case of a person aged less than eighteen years— | ||
(I) or being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, or | ||
(II) other than a person 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 paragraph (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable), and | ||
(ii) £13.65 a week in any other case, | ||
or | ||
( b ) the beneficiary's weekly earnings, overtime being disregarded, from employment at the time he sustained the injury, whichever is the greater, the weekly rate of compensation for disablement shall be reduced in respect of that week by the amount of the excess. | ||
(2) Compensation for disablement which has been reduced because of the limitation mentioned in paragraph (1) (b) of this Article may be increased correspondingly having regard to wage increases subsequently granted in the relevant employment, and, where appropriate, having regard to a person's reasonable prospects of advancement to full adult rate of remuneration. | ||
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14 Increase of compensation for loss of earnings and compensation for disablement for adult dependants. | 14. (1) Subject to paragraph (3) of this Article, the weekly rate of compensation for loss of earnings shall be increased by £3.75 for any period during which— | |
( a ) the beneficiary is living with or wholly or mainly maintaining his wife, | ||
( b ) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of physical or mental infirmity, or | ||
( c ) the beneficiary, being a single man or a widower, is maintaining wholly or mainly a female person over the age of sixteen years having the care of one or more than one child qualified for the purposes of this Scheme who normally resides or reside with him, | ||
subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of compensation for loss of earnings in respect of more than one person specified in subparagraph (c) of this paragraph. | ||
(2) Subject to paragraph (3) of this Article, paragraph (1) of this article shall, for any period for which the beneficiary is incapable of work as a result of a qualifying injury or is required to undergo examination or treatment in respect of a qualifying injury and the examination or treatment involves his absence from home, apply to compensation for disablement as it applies to compensation for loss of earnings. | ||
(3) An increase of compensation for loss of earnings or compensation for disablement shall not be payable under this Article for any period for which an increase of benefit or pension under the Social Welfare Acts, 1952 to 1972, or the Old Age Pensions Acts, 1908 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article of this Scheme in respect of the same person is payable to the beneficiary, in excess of the amount (if any) by which that increase of benefit, pension, assistance or compensation falls short of the increase of compensation for loss of earnings or compensation for disablement payable under this Article. | ||
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15 Increase of compensation for loss of earnings and compensation for disablement for qualified children. | 15. (1) Subject to paragraph (3) of this Article, the weekly rate of compensation for loss of earnings shall be increased by £1.35 in respect of a child qualified for the purposes of this Scheme or each of two children so qualified who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by £1 in respect of each such child in excess of two. | |
(2) Subject to paragraph (3) of this Article, paragraph (1) of this Article shall, for any period for which the beneficiary is incapable of work as a result of a qualifying injury or is required to undergo examination or treatment in respect of a qualifying injury and the examination or treatment involves his absence from home, apply to compensation for disablement as it applies to compensation for loss of earnings. | ||
(3) An increase of compensation for loss of earnings or compensation for disablement shall not be payable under this Article for any period for which an increase of benefit, pension or allowance under the Social Welfare Acts, 1952-1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article of this Scheme, in respect of the same person or persons is payable to the beneficiary, in excess of the amount (if any) by which that increase of benefit, pension, allowance, assistance or compensation falls short of the increase of compensation for loss of earnings or compensation for disablement payable under this Article. | ||
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16 Increase of compensation for disablement where constant attendance is needed. | 16. (1) Where compensation for disablement is payable in respect of an assessment of one hundred per cent., then, if as a result of the disablement the beneficiary requires constant attendance, the weekly rate of compensation may, with the consent of the Minister for Finance, be increased by an amount to be determined by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that the amount shall not exceed £3, except in cases of exceptionally severe disablement, or £4 in any case. | |
(2) An increase of compensation in respect of constant attendance shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time; provided that no increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution. | ||
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17 Adjustments for separate qualifying injuries. | 17. (1) Where a person has received two or more separate qualifying injuries— | |
( a ) he shall not for the same period be paid compensation for loss of earnings and compensation for disablement at an aggregate weekly rate exceeding— | ||
(i) £13.65 in the case of a person aged eighteen years or over; | ||
(ii) £10.45 in the case of a person aged less than eighteen years, | ||
( b ) any increase of compensation payable under Articles 14, 15 and 16 of this Scheme or the conditions for the receipt thereof may be adjusted in such manner as the Minister may determine. | ||
(2) For the purposes of this Article, a person under the age of eighteen years to whom, if in receipt of compensation for loss of earnings, an increase of compensation in respect of a child qualified for the purposes of this Scheme or children so qualified or an adult dependent would be payable (or would except for the provisions of paragraps (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable) shall, notwithstanding that he has not attained the age of eighteen years, be treated as if he had attained that age. | ||
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18 Payment for medical or surgical treatment, hospital maintenance or medical or surgical appliances. | 18. (1) Where a person— | |
( a ) receives a qualifying injury, and | ||
( b ) receives medical or surgical treatment in respect of such qualifying injury, | ||
then, whether or not the person has been awarded compensation under this Part of this Scheme, the Minister may, with the consent of the Minister for Finance, pay for or on behalf of that person or repay to that person, in respect of any fees due or paid for the treatment or in respect of maintenance while undergoing the treatment, such sums as the Minister may consider reasonable. | ||
(2) Where a person— | ||
( a ) receives a qualifying injury, and | ||
( b ) obtains any medical or surgical appliance which is, in the opinion of the Minister, calculated to lessen his disablement, then, whether or not that person has been awarded compensation under this Part of this Scheme, the Minister may, with the consent of the Minister for Finance, pay on behalf of that person or repay to that person, in respect of the cost of the appliance, such sum as the Minister may consider reasonable. | ||
(3) The Minister, with the consent of the Minister for Finance, may, to such extent as he thinks fit, defray the cost of any medical or surgical treatment undergone, by direction of the Minister acting on the advice of the Board, by any person to whom this Scheme applies and who sustains a qualifying injury, in a hospital, nursing home or like institution or in the person's house and also the cost of maintenance of the person while undergoing or while detained in any such institution for the purposes of such treatment and also any travelling expenses incurred in the travelling or conveyance of the person to or from any place for the purposes of such treatment. | ||
(4) The Minister may, if he thinks fit, with the consent of the Minister for Finance, supply to any person to whom this scheme applies and who has sustained a qualifying injury such surgical and medical appliances as his case may require and may provide for the repair and renewal of any such appliances. | ||
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19 Suspension or reduction of compensation of persons refusing medical or surgical treatment. | 19. Where the Board certify in respect of any person to whom compensation is payable under this Part of this Scheme that it is desirable, in such person's interest, that he should undergo medical or surgical treatment for his injury or disablement and the Minister offers to provide such treatment and the person refuses to undergo such treatment and the Minister considers that the refusal is unreasonable, the Minister may suspend or withold the payment of such compensation or reduce it by such amount as he thinks fit for so long as such person so refuses. | |
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20 Assessment of disablement in certain circumstances. | 20. Where a person was, at the date of the receipt by him of an injury in respect of which compensation for disablement may be awarded to him, in receipt of a pension payable out of public moneys (otherwise than under this Scheme) in respect of a disability suffered by him, his degree of disablement shall not be assessed for the purposes of an award of compensation under this Scheme at a degree which, together with the degree of disablement at which his disability was, or could have been, assessed for the purposes of the said pension payable to him out of public moneys, amounts to a degree higher than one hundred per cent. | |
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21 Payment of travelling expenses, etc. | 21. The Minister may make payments, at such rates as may be sanctioned by the Minister for Finance, for travelling expenses, subsistence allowances and hospital maintenance in respect of— | |
( a ) persons attending for surgical or medical examination or treatment, or | ||
( b ) persons accompanying persons so attending in any case where the Minister is satisfied that it is in the interest of the person so attending that he be so accompanied. | ||
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22 Power to require applicant to furnish certain particulars. | 22. The Minister may require any applicant for compensation to furnish from time to time particulars of his employment before or after the date of the injury in respect of which the application was made. | |
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23 Payments in default of legal personal representatives. | 23. Where upon the death of a person to whom compensation or a lump sum in lieu of compensation is payable, a sum not exceeding five hundred pounds is due to his estate on account thereof, the Minister may, if representation has not been raised to the estate of that person without requiring such representation to be raised, pay such sum to such person or persons as appear to the said Minister, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive the same, and any such payment shall be a good discharge to the Minister for the sum paid. | |
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PART IIICOMPENSATION IN FATAL CASES | ||
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24 Interpretation. | 24. In this Part of this Scheme— | |
"parent" includes a step-parent and shall, if the deceased person was adopted pursuant to the Adoption Acts, 1952 and 1964, include the adopters or adopter, and "father" and "mother" shall be construed accordingly; | ||
"parent", if the deceased person was illegitimate, shall refer to the mother of the deceased; | ||
"child qualified for the purposes of this Scheme" includes a person over the age of eighteen years and under the age of twenty-one years who is receiving full-time instruction by day at any university, college, school or other educational establishment, | ||
"orphan qualified for the purposes of this Scheme" means— | ||
( a ) a child qualified for the purposes of this Scheme, being a legitimate child, both of whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or | ||
( b ) a child qualified for the purposes of this Scheme, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband; | ||
"public moneys" includes moneys provided by a board or body established by or under an Act of the Oireachtas or Saorstát Éireann statute or by a company (in this definition called a State-sponsored company) incorporated under the Companies Act, 1963 (No. 33 of 1963), in which the majority of the ordinary shares are held by or on behalf of a Minister of State or by a company in which the majority of the ordinary shares are held by or on behalf of a State-sponsored company, any board or body aforesaid. | ||
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25 Compensation in fatal cases. | 25. (1) Where an application is made to the Minister in respect of a person to whom this Scheme applies, and | |
( a ) the Minister is satisfied that the person died as a result of a qualifying injury which was sustained otherwise than as a result of that person's serious negligence or misconduct or | ||
( b ) the Board report to the Minister that the person died as a result of a qualifying injury so sustained, | ||
compensation may, subject to the provisions of this Scheme, be paid under this Part of this Scheme in respect of the death of that person. | ||
(2) In this Part of this Scheme "compensation" means compensation under this Part of this Scheme. | ||
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26 Reference of applications to the Board. | 26. Every application for compensation in respect of the death of a person other than a person who was killed outright shall, unless the Minister is satisfied that the deceased was not a person to whom this Scheme applies or that the deceased did not sustain a qualifying injury or that the deceased sustained a qualifying injury which was due to the deceased's serious negligence or misconduct, be referred to the Board, who shall ascertain and report to the Minister whether the death was due to a qualifying injury. | |
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27 Compensation—widows. | 27. (1) Where compensation is payable in respect of the death of a person and that person leaves a widow she shall be paid compensation at the weekly rate of £7.60 if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him. | |
(2) Where any pension, allowance or compensation is payable out of public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article, including any increase thereof, may be abated to such extent as the Minister, with the consent of the Minister for Finance, may determine. | ||
(3) Compensation under this Article shall not be payable for any period after the remarriage of the widow. | ||
(4) A widow shall be disqualified from receiving compensation under this Article if and so long as she and any person are co-habiting as man and wife. | ||
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28 Compensation—widowers. | 28. (1) Where compensation is payable in respect of the death of a person and that person leaves a widower, he shall be paid compensation if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained. | |
(2) 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, compensation shall be at the weekly rate of £7.60 for so long as he remains incapable of self-support by reason of that infirmity. | ||
(3) In the case of any other widower, compensation shall be a gratuity of £395. | ||
(4) Where any pension, allowance, gratuity or compensation is payable out of public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article, including any increase thereof, may be abated to such extent as the Minister, with the consent of the Minister for Finance, may determine. | ||
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29 Increase of compensation of widow or widower for qualified children. | 29. (1) The weekly rate of compensation under Article 27 or Article 28 of this Scheme shall be increased by £1.50 in respect of each child qualified for the purposes of this Scheme who normally resides with the beneficiary and who— | |
( a ) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or | ||
( b ) being a child, grandchild or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or | ||
( c ) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 and 1964, subsequent to the death of the deceased. | ||
(2) An increase of compensation shall not be payable under this Article for any period or which an increase of benefit, pension or allowance under the Social Welfare Acts, 1952 to 1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article of this Scheme in respect of the same person or persons is payable to the beneficiary, in excess of the amount (if any) by which that increase of benefit, pension, allowance, assistance or compensation falls short of the increase of compensation payable under this Article. | ||
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30 Compensation—parents and certain relatives. | 30. (1) Where compensation is payable in respect of the death of a person and that person leaves surviving him a parent, who at the deceased's death was wholly or mainly maintained by the deceased or would, but for the relevant accident, have been so maintained, compensation shall be payable to the parent. | |
(2) If the deceased was at the date of his death a married person, the compensation payable under this Article shall be at the weekly rate of £2.80. | ||
(3) If the deceased was at the date of his death a widower, widow or an unmarried person, the compensation payable under this Article shall be— | ||
( a ) where the parent is the father— | ||
(i) at the weekly rate of £7.60, if he 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, | ||
(ii) at the weekly rate of £2.80, in any other case; | ||
( b ) where the parent is the mother, having been at the death of the deceased a widow or having thereafter become a widow, at the weekly rate of £7.60, and | ||
( c ) where the parent is the mother and is not a widow— | ||
(i) at the weekly rate of £2.80, if her husband is being paid compensation under paragraph 3 (a) (i) of this Article, or | ||
(ii) at the weekly rate of £7.60, in any other case. | ||
(4) Where a person to whom compensation at the weekly rate of £7.60 under paragraph (3) (a) (i) of this Article is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, compensation shall thereafter be payable at the weekly rate of £2.80 and if at that time compensation at the weekly rate of £2.80 under paragraph (3) (c) (i) of this Article is payable to his wife, that compensation shall thereafter be payable at the weekly rate of £7.60. | ||
(5) Where— | ||
( a ) compensation is payable in respect of the death of a person, and | ||
( b ) the person leaves surviving him a widow or widower, and | ||
( c ) the person also leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained, | ||
there shall be payable to each such relative, so long as he is incapable of self-support by reason of some physical or mental infirmity— | ||
(i) in case he is for the time being living with the widow or widower, compensation at the weekly rate of £1.50, and | ||
(ii) in any other case, compensation at the weekly rate of £2.80. | ||
(6) Where— | ||
( a ) compensation is payable in respect of the death of a person, and | ||
( b ) the person was at the date of his death unmarried or a widow or a widower, and | ||
( c ) the person leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained, there shall be payable to each such relative, so long as he is incapable of self-support by reason of some physical or mental infirmity, compensation at the weekly rate of £2.80. | ||
(7) Where a relative was partly maintained by each of two or more persons who have died as a result of qualifying injuries, the relative may be treated for the purposes of this Article as having received from the last of those persons to die contributions to his maintenance equal to the aggregate amount which the deceased persons were together contributing before the qualifying injuries were sustained, and as having received nothing from the other or others. | ||
(8) Where any pension, allowance or compensation is payable out of public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article may be abated to such extent as the Minister, with the consent of the Minister for Finance, may determine. | ||
(9) Compensation under this Article payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage. | ||
(10) A widow or an unmarried woman shall be disqualified from receiving compensation under this Article if and so long as she and any person are co-habiting as man and wife. | ||
(11) No compensation in respect of a deceased person shall be payable under paragraph (5) or paragraph (6) of this Article to a relative of the deceased if that relative is a parent or child qualified for the purposes of this Scheme of the deceased. | ||
(12) Where compensation payable to a person under paragraph (5) or paragraph (6) of this Article ceases to be payable, the right to such compensation shall not, unless the Minister, with the consent of the Minister for Finance, otherwise determines, subsequently revive. | ||
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31 Compensation—orphan children. | 31. (1) Compensation shall be payable in respect of an orphan qualified for the purposes of this Scheme who is a child or step-child of the deceased, and in respect of an orphan so qualified who was wholly or mainly maintained by the deceased at the date of his death. | |
(2) In the case of an orphan, compensation shall be at the weekly rate of £4.10. | ||
(3) Subject to the provisions of paragraph (4) of this Article, compensation payable under this Article shall be paid to the guardian of the orphan in respect of whom the compensation is payable. | ||
(4) Compensation payable under this Article may, if the Minister thinks fit, instead of being paid to the guardian of the orphan in respect of whom the compensation is payable, be paid to some other person for the benefit of the orphan. | ||
(5) Compensation shall not be payable under this Article for any period for which an increase of benefit, pension or allowance under the Social Welfare Acts, 1952 to 1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or compensation under any other Article of this Scheme in respect of the same person or persons is payable, in excess of the amount (if any) by which that increase of benefit, pension, allowance or compensation falls short of the increase of compensation payable under this Article. | ||
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32 Compensation—partial dependants. | 32. (1) Where compensation is payable in respect of the death of any person and that person leaves surviving him any partial dependants, the Minister may, with the consent of the Minister for Finance, award as compensation to each or any of those partial dependants whose circumstances appear to him to merit the making of an award under this Article such lump sum as he thinks fit, but the total amount of the sums so awarded in respect of the deceased shall not exceed £900. | |
(2) Each of the following shall be deemed for the purposes of this Article to be a partial dependant of a deceased person— | ||
( a ) the widow of the deceased if she was at the date of the deceased's death maintained (otherwise than wholly or mainly) by the deceased, or would but for the relevant accident have been so maintained, | ||
( b ) the widower of the deceased if he was at the date of the deceased's death partially dependent on the deceased, or would but for the relevant accident have been so dependent, | ||
( c ) any relative of the deceased if he was at the date of the deceased's death partially dependent on the deceased, or would but for the relevant accident have been so dependent, | ||
( d ) any child of the deceased born after the date of the deceased's death if the mother of the child was at that date maintained (otherwise than wholly or mainly) by the deceased, or would but for the relevant accident have been so maintained, or if the Minister is satisfied that at the date of birth the child would have been maintained (otherwise than wholly or mainly) by the deceased if the deceased had been alive on the date of birth. | ||
(3) The widower or a relative (other than a child born after the date of the deceased's death) of a deceased person shall not for the purposes of subparagraph (b) or (c) of paragraph (2) of this Article be deemed to have been partially dependent on the deceased unless such widower or relative was at the date of the deceased's death dependent partially on contributions from the deceased for the provision of the ordinary necessaries of life, insurance being deemed for this purpose to be one of the ordinary necessaries of life, or would but for the relevant accident have been so dependent. | ||
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33 Payment of funeral expenses and medical expenses. | 33. (1) Where compensation is payable in respect of the death of a person who leaves any dependant, the Minister may, with the consent of the Minister for Finance, pay or repay, in respect of the funeral expenses of that person, such sum as he considers reasonable. | |
(2) Where compensation would be payable in respect of the death of a person but for the fact that he leaves no dependant, the Minister may, in respect of the expenses incurred for medical attendance and burial of that person, pay such sum (not exceeding one hundred pounds) as he considers reasonable, and any such sum shall be paid to the persons to whom the said expenses are due, or if they have been paid, to the persons who paid them, in such shares as, in default of agreement between those persons, the Minister thinks proper. | ||
(3) In this Article references to a dependant of a deceased person shall be construed as references to any person who is the widow or widower or a relative of the deceased and who was at the date of the deceased's death dependent on the deceased, or would but for the relevant accident have been so dependent. | ||
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PART IV.GENERAL PROVISIONS. | ||
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34 Form and time of application. | 34. Save where the Minister, in any particular case and having regard to special circumstances otherwise directs, no compensation shall be payable under this Scheme in respect of a qualifying injury unless— | |
( a ) an application therefor is made in such form as may be required by the Minister, and | ||
( b ) such application is made— | ||
(i) in case the injury was sustained before the 1st day of April, 1973, within six months after that date, or | ||
(ii) in case the injury was sustained on or after the said date, within six months after the date on which the injury was sustained. | ||
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35 Commutation of allowances under this Scheme. | 35. Where compensation in the form of a continuing allowance is payable to any person under this Scheme and that person so desires, the Minister may, with the consent of the Minister for Finance, commute the compensation by the payment of such sum as may be agreed upon by the Minister and such person. | |
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36 Provision against double payments of compensation. | 36. Where— | |
( a ) compensation under Part II of this Scheme is payable to a person in respect of a qualifying injury, and | ||
( b ) compensation (in this paragraph referred to as the alternative compensation and including any benefit payable under the Social Welfare (Occupational Injuries) Act, 1966 , as amended,) is also payable apart from this Scheme to that person in respect of that injury out of public moneys, | ||
compensation under the said Part II shall not be paid to that person unless that person surrenders his right or foregoes his claim to the alternative compensation and, in case any such person surrenders such right or foregoes such claim, any payments previously made on foot of the alternative compensation shall be treated as payments on foot of the compensation under the said Part II. | ||
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37 Withholding of compensation in case of person becoming ordinarily resident outside the State. | 37. The Minister may withhold or cancel payment of any compensation under this Scheme if he is satisfied that the person to whom the compensation is payable has become ordinarily resident outside the State. | |
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38 Provision relating to payments on account of compensation. | 38. Where a qualifying injury is sustained by any person in circumstances entitling him or his dependants to compensation under this Scheme, and any payment has been made out of public moneys on account of such injury, the Minister may withhold or reduce to the extent necessary to recover such payment any compensation payable under this Scheme in respect of such injury. | |
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39 Provision for taking damages into account. | 39. Where an injury for which compensation is payable to or in respect of a person under this Scheme was caused in circumstances creating a legal liability in some party other than the Minister to pay damages in respect thereof, then, if the injured person or, in the case of a deceased person, the dependants of the deceased, recover damages or receive a composition of the claim for damages from such party in respect of the injury or death, the Minister may take the weekly value (which shall be calculated in such manner as the Minister directs) of the whole or such part as the Minister may think fit of such damages or composition into account for the purpose of securing that compensation shall be paid under this Scheme only to the extent to which the weekly value of the damages or composition falls short of such compensation. | |
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40 Administration of compensation. | 40. (1) Where the Minister is satisfied that a person (in this Article referred to as the grantee) to whom an award of compensation has been made under this Scheme is incapable of giving a receipt for the payment or payments to be made under such award, the Minister may make such payment or payments either to the institution or the person having the care of the grantee or for the benefit of such person or persons as the Minister considers to be dependants of the grantee or may make such payment or payments partly to such institution or person having the care of the grantee and partly to such persons as the Minister considers to be dependants of the grantee, and in such manner as the Minister thinks fit. | |
(2) Any payments made by the Minister under this Article shall be as full a discharge for the Minister as if such payments had been made directly to the grantee. | ||
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41 Additional provisions in relation to compensation. | 41. Whenever the Government recovers from the government of any other State or from any other authority outside the State compensation in respect of a qualifying injury, the following provisions shall have effect: | |
( a ) the compensation so recovered shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct; | ||
( b ) if any person has been awarded or may be awarded compensation under this Scheme in respect of such injury and the compensation so recovered from such government or other authority exceeds the compensation under this Scheme, the Minister may add to the said compensation under this Scheme such sum not exceeding the excess as the Minister for Finance shall approve. | ||
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42 Payment of certain debts out of compensation. | 42. Where compensation (including an addition thereto under Article 41 of this Scheme) is payable under this Scheme and any money is owing by the person to whom the compensation is so payable to a Minister of State, the Revenue Commissioners, the Commissioners of Public Works in Ireland or the Irish Land Commission, it shall be lawful for the Minister to pay and discharge out of the said compensation the money so owing by that person and to pay to that person only the balance (if any) of the said compensation remaining after such payment and discharge. | |
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43 Declarations and certificates which may be required. | 43. (1) Any person to whom compensation under this Scheme, or a lump sum in lieu thereof, has been awarded and any person to whom payment of such compensation or lump sum is to be made shall, if and when required by the Minister so to do, subscribe such declaration in relation to the compensation as the Minister may direct. | |
(2) Where a declaration is subscribed under paragraph (1) of this Article by a person who is not the person to whom the compensation or lump sum has been awarded, there shall be furnished, if and when required by the Minister, such certificate as the Minister may direct. | ||
(3) If a declaration or certificate required under this Article is not subscribed or furnished, payment of the compensation or lump sum may be withheld until the requirements of the Minister under this Article have been complied with. | ||
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44 False declarations. | 44. (1) No person shall, with a view to obtaining any payment for himself or any other person under this Scheme, make, sign, or use any declaration, application or other written statement knowing the same to be false | |
(2) If any person is in receipt of any compensation in the form of a continuing allowance obtained by reason of a false statement and such person is convicted of an offence (based on the making, signing, or using any written statement in contravention of paragraph (1) of this Article), he shall forfeit such compensation as on and from the date of such conviction. | ||
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45 Prohibition of assignment, etc. of payments under this Scheme. | 45. (1) Every assignment of and every charge on and every agreement to assign or charge any payment under this Scheme shall, except so far as the same is authorised by an Act of the Oireachtas for the time being in force, be null and void. | |
(2) No payment under this Scheme shall be capable of being taken in execution or otherwise alienated by process of law for the discharge of any debts or liabilities of the person to whom such payment is due. | ||
(3) Nothing in this Article shall prevent the deduction from any payment under this Scheme, in accordance with Article 42 of this Scheme, of moneys owing to a Minister of State, the Revenue Commissioners, the Commissioners of Public Works in Ireland or the Irish Land Commission. | ||
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46 Forfeiture of compensation. | 46. (1) If any person to whom compensation in the form of a continuing allowance has been awarded under this Scheme is, during the continuance of such compensation, convicted of any crime or offence by a court and is sentenced by that court for that offence to imprisonment for any term exceeding three months, or to penal servitude for any term, the compensation so granted to that person shall be forfeited as from the date of the conviction. | |
(2) If any such conviction and sentence as aforesaid is quashed or annulled, the forfeiture of compensation under this Scheme consequent on the conviction and sentence shall be deemed to have been quashed and annulled also, and such compensation shall thereupon be revived and payable together with all arrears thereof accruing since the date of such conviction. | ||
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47 Powers of the Board and finality of their findings. | 47. (1) The Board may, for the purpose of carrying out the duties imposed on them by this Scheme, make all such enquiries, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise, as they may deem necessary, and travelling expenses may be paid to such witnesses at such rates as the Minister for Finance may approve. | |
(2) The findings contained in any report of the Board under this Scheme shall be final. | ||
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48 Payment of fees for medical examinations and reports. | 48. (1) The Minister may, with the consent of the Minister for Finance, pay such fees as he considers reasonable for— | |
( a ) examinations carried out and reports furnished by a Medical Examiner by direction of the Board, | ||
( b ) reports furnished by other duly qualified medical practitioners by direction of the Board. | ||
( c ) reports furnished by other duly qualified medical practitioners in support of applications by persons to whom compensation is payable under this Scheme, | ||
( d ) other reports obtained by the Board with the sanction of the Minister or furnished by the applicant at the request of the Minister for the purposes of investigating applications for compensation under this Scheme. | ||
(2) Where medical reports have been obtained and furnished in connection with a claim for compensation arising out of a death in respect of which compensation is payable under this Scheme, the Minister may, with the consent of the Minister for Finance, make such payment as he considers reasonable in respect of expenses incurred in obtaining such reports. | ||
(3) The Minister may, with the consent of the Minister for Finance, pay such fees as are prescribed by law, or if no fees are so prescribed, such fees as he considers reasonable, for such reports other than reports by duly qualified medical practitioners, as may be obtained by the Board, with the sanction of the Minister, for the purpose of investigating applications for compensation. | ||
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49 General provisions as to awards under this Scheme. | 49. Notwithstanding anything contained in this Scheme, the Minister may, with the consent of the Minister for Finance— | |
( a ) make awards of compensation provisionally or upon any other basis and for such period and of such amount and at such rate as he may think fit, but no award shall be made for a period or of an amount or at a rate exceeding the period, amount or rate authorised by this Scheme in the case of that award, | ||
( b ) at any time review any award made under this Scheme and, if it appears to him that by reason of any mistake of fact, any change in the condition or circumstances of the person to or in respect of whom the award was made, or any other reason which appears to him sufficient, it is expedient so to do, increase, reduce or cancel such compensation, but no compensation shall be increased to a rate or amount exceeding the rate or amount authorised by this Scheme in the case of that award. | ||
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50 Refusal of grant of compensation. | 50. Where compensation may be granted under this Scheme, the Minister may, where he is satisfied that a claim has been based on false statements, made in regard to any material circumstance, refuse to make the grant. | |
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51 Determination of questions. | 51.( a ) All questions arising under this Scheme (other than questions determinable under this Scheme by the Board and questions in relation to which the consent of the Minister for Finance is required) shall be determined by the Minister, whose decision shall be final. | |
( b ) The decision of the Minister for Finance on all questions in relation to which his consent is required shall be final. | ||
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52 Payments of Compensation | 52. All compensation and other payments under this Scheme shall be paid out of moneys provided by the Oireachtas. | |
GIVEN under my Official Seal this 19th day of April, 1973. | ||
PATRICK S. DONEGAN | ||
The Minister for Finance hereby consents to the foregoing Scheme. | ||
GIVEN under the Official Seal of the Minister for Finance, this 19th day of April, 1973. | ||
RICHIE RYAN | ||
EXPLANATORY NOTE. | ||
This statutory instrument provides for the payment of compensation, medical and other expenses, in respect of death or personal injuries sustained by members of Air-raid Precautions Services. It replaces an earlier scheme of compensation. |