S.I. No. 114/1990 - Social Welfare (Miscellaneous Provisions) Regulations, 1990.

S.I. No. 114 of 1990.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 7 , 54 , 113 and 129 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Miscellaneous Provisions) Regulations, 1990.

(2) Articles 2 and 3 of these Regulations and the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983 and 1985, shall be construed as one and may be cited together as the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983 to 1990.

2. These Regulations shall come into operation on the 1st day of May, 1990.

3. Article 21 of the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983 ( S.I. No. 392 of 1983 ) is hereby amended by the substitution for sub-article (1) of the following sub-article:—

"(1) Where in any case of pneumoconiosis or byssinosis the extent of disablement is such that, when assessed in accordance with section 43 of the Act (which section relates to disablement benefit), it amounts to not less than 10 per cent., the beneficiary shall, subject to sub-article (2) of this article, be entitled to a disablement pension for the period taken into account by the assessment payable at the rate appropriate to the degree of disablement assessed in his case, and in no such case shall a disablement gratuity be payable:

Provided that where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.".

4. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are hereby amended by—

( a ) the substitution of "Social Insurance Fund" for "Occupational Injuries Fund" in paragraph (a) of sub-article (6) of article 12 and in sub-article (2) of article 13, and

( b ) the deletion of sub-article (2) of article 22.

5. Subparagraph (iii) of paragraph (c) of article 7 (3) of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ) is hereby amended by the substitution of "Social Insurance Fund" for "Occupational Injuries Fund".

GIVEN under the Official Seal of the Minister for Social Welfare this 30th day of April, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 30th day of April, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

Part VI of the Social Welfare Act, 1990 provides, inter alia, for the amalgamation of the Occupational Injuries Fund with the Social Insurance Fund.

These Regulations provide for consequential amendments to the Social Welfare (Occupational Injuries) Regulations, 1967 and the Social Welfare (Modifications of Insurance) Regulations, 1979, as a result of the dissolution of the Occupational Injuries Fund, with effect from 1st May, 1990.

These Regulations also provide for consequential amendments to the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983 as a result of the commencement of section 39 of the Social Welfare Act, 1990 .