S.I. No. 210/1974 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1974.

S.I. No. 210 of 1974.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1974.

I, BRENDAN CORISH, Minister for Social Welfare, in exercise of the powers conferred on me by Section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), and Section 1 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :

1. (1) These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1974.

(2) These Regulations and the Social Welfare (Occupational Injuries) Regulations, 1967 to 1973, may be cited together as the Social Welfare (Occupational Injuries) Regulations, 1967 to 1974.

2. These Regulations shall come into operation on the 1st day of July, 1974.

3. In these Regulations—

"the Principal Regulations" means the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 );

"the regulations of 1973" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1973 ( S.I. No. 182 of 1973 ).

4. Article 4 of the Principal Regulations is hereby amended—

( a ) by the substitution in subarticle (2) (a) of "eight pounds and forty new pence" for "seven pounds and ten new pence" (inserted by the regulations of 1973), and

( b ) by the substitution in subarticle (2) (b) of "three pounds and fifty-five new pence" for "three pounds" (inserted by the regulations of 1973),

and the said Article 4, as so amended, is set out in the Table to this Article.

TABLE

4. (1) Subject to the following provisions of this article, a person under the age of sixteen years shall be entitled to injury benefit in accordance with the provisions of subsections (1) to (4) of Section 8 of the Act.

(2) The weekly rate of injury benefit in the case of any such person shall, subject to the provisions of Section 25 of the Act, be—

( a ) eight pounds and forty new pence where the relevant employment or (if more than one) the relevant employments was, or amounted in the aggregate to, full time employment or substantially full time employment;

( b ) three pounds and fifty-five new pence in any other case;

and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to receive the benefit on behalf of such person.

(3) In the last foregoing subarticle, " relevant employment "means any employment in which the person under the age of sixteen years was or would but for the relevant injury have been employed during the week in which as the result of the relevant injury he first became incapable of work.

5. Article 9 of the Principal Regulations is hereby amended—

( a ) by the substitution in subarticle (a) of "four pounds and fifteen new pence", "two pounds and ten new pence", and "six pounds and twenty new pence", respectively, for "three pounds and fifty new pence", "one pound and seventy-five new pence" and "five pounds and twenty-five new pence" (inserted by the regulations of 1973), and

( b ) by the substitution in subarticle (b) of "eight pounds and thirty new pence" for "seven pounds" (inserted by the regulations of 1973),

and the said Article 9, as so amended, is set out in the Table to this Article.

TABLE

9. The amount by which the weekly rate of disablement pension may be increased under Section 13 of the Act where constant attendance is required by a beneficiary as a result of the relevant loss of faculty shall—

( a ) where the benficiary (not being a case to which paragraph (b) of this article relates) is to a substantial extent dependent on such attendance for the necessaries of life and is likely to remain so dependent for life or for a period of not less than six months, be four pounds and fifteen new pence (unless the attendance so required is part-time only, in which case the amount shall be two pounds and ten new pence) or where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement, six pounds and twenty new pence;

( b ) where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely dependent on such attendance for the necessities of life, and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time, be eight pounds and thirty new pence.

6. (1) The Second Schedule to the Principal Regulations is hereby amended by the substitution for the scale (inserted by the regulations of 1973) set out in that Schedule of the scale set out in the Schedule to these Regulations.

(2) The weekly rate of pension specified in column (3) of the scale set out in the Schedule to these Regulations shall have effect on and from the 1st day of July, 1974, whether the period taken into account by the assessment began on or before or after that date.

(3) Notwithstanding Article 2 of these Regulations, the amount of a disablement gratuity payable by virtue of this Article shall be payable only where the period taken into account by the assessment of the degree of disablement begins on or after the 1st day of July, 1974.

SCHEDULE.

SCALE OF DISABLEMENT GRATUITIES AND OF WEEKLY RATES OF PENSION IN LIEU OF DISABLEMENT GRATUITIES.

GIVEN under my Official Seal, this 1st day of July, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

Consequent on increases in standard weekly rates of occupational injuries benefits effected by the Social Welfare (No. 2) Act, 1974 , these Regulations amend the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) for the purpose of increasing rates of injury benefits payable to persons under age sixteen, amounts of disablement gratuities (and rates of pension which may be substituted therefor) appropriate to degrees of disablement below 20% and rates of constant attendance allowance.