S.I. No. 159/1976 - Emergency Powers (Compensation For Personal Injuries) (Civilians) Scheme, 1942 (Ninth Amendment) Scheme, 1976.


S.I. No. 159 of 1976.

EMERGENCY POWERS (COMPENSATION FOR PERSONAL INJURIES) (CIVILIANS) SCHEME, 1942 (NINTH AMENDMENT) SCHEME, 1976.

I, RICHIE RYAN, Minister for the Public Service, in exercise of the powers conferred on me by section 1 of the Continuation of Compensation Schemes Act, 1946 (No. 19 of 1946), as amended by section 2 of the Continuation of Compensation Schemes Act, 1946 (Amendment) Act, 1949 (No. 15 of 1949), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby make the following Scheme:

1. This Scheme may be cited as the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Ninth Amendment) Scheme, 1976.

2. In this Scheme—

"the Scheme of 1975" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Eighth Amendment) Scheme, 1975, ( S.I. No. 142 of 1975 );

"the Principal Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (S.R. & O., No. 229 of 1942).

3. Paragraphs (1) and (2) of Article 10 of the Principal Scheme are hereby amended by—

( a ) the substitution, with effect from the 3rd day of October, 1975, for "thirteen pounds and ten new pence" (inserted by the Scheme of 1975) of "thirteen pounds and eighty new pence", and the said paragraphs, as so amended, are set out in Part I of the Table to this Article.

( b ) the substitution, with effect from the 5th day of April, 1976, for "thirteen pounds and eighty new pence" (inserted by this Scheme) of "fifteen pounds and twenty new pence", and the said paragraphs, as so amended, are set out in Part II of the Table to this Article.

TABLE

PART I.

10.(1) The full rate of basic compensation in case of total disablement shall be thirteen pounds and eighty new pence a week.

(2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to thirteen pounds and eighty new pence a week as the degree of disablement bears to one hundred per cent.

PART II.

10. (1) The full rate of basic compensation in case of total disablement shall be fifteen pounds and twenty new pence a week.

(2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to fifteen pounds and twenty new pence a week as the degree of disablement bears to one hundred per cent.

4. Paragraphs (1) and (2) of Article 24 of the Principal Scheme are hereby amended by—

( a ) the substitution, with effect from the 3rd day of October, 1975, for "twelve pounds and thirty new pence" (inserted by the Scheme of 1975) of "twelve pounds and ninety-five new pence", and the said paragraphs as so amended, are set out in Part I of the Table to this Article,

( b ) the substitution with effect from the 5th day of April, 1976, for "twelve pounds and ninety-five new pence" (inserted by this Scheme) of "fourteen pounds and twenty-five new pence", and the said paragraphs, as so amended, are set out in Part II of the Table of this Article.

TABLE.

PART I.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation—

( a ) in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning or an allowance of eight shillings a week is for the time being payable under paragraph (3) or paragraph (5) of this Article to any child of the earner, an allowance of twelve pounds and ninety-five new pence a week.

( b ) in any other case an allowance of twenty-five shillings a week.

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of twelve pounds and ninety-five new pence a week.

PART II.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation—

( a ) in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning or an allowance of eight shillings a week is for the time being payable under paragraph (3) or paragraph (5) of this Article to any child of the earner, an allowance of fourteen pounds and twenty-five new pence a week.

( b ) in any other case, an allowance of twenty-five shillings a week.

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of fourteen pounds and twenty-five new pence a week.

GIVEN under my Official Seal, this 16th day of July, 1976.

RICHIE RYAN,

Minister for the Public Service.

EXPLANATORY NOTE.

This scheme, made by the Minister for the Public Service, provides for increases in the rates of compensation payable to civilians in respect of injuries received as a result of air raids during the war.