S.I. No. 163/1999 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 , 53 , 54 and 57 (as amended by section 39 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1999.

Commencement

2. These Regulations shall come into operation—

(a) in so far as it relates to injury benefit and disablement gratuity on the 31st day of May 1999, and

(b) in so far as it relates to disablement pension on the 4th day of June, 1999.

Definition.

3. In these Regulations, “the Regulations of 1998” means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1998 ( S.I. No. 182 of 1998 ).

Increased rates of benefits and pensions under the occupational injuries scheme.

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

(a) the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 1998) of the Schedule set out in Schedule A to these Regulations, subject in respect of the Scale set out in the said Second Schedule (as inserted by these Regulations), to the following provisions—

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from the 4th day of June, 1999 whether the period taken into account by the assessment began on, before, or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on or after the 31st day of May, 1999, and

(b) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1998) of the Schedule set out in Schedule B to these Regulations.

SCHEDULE A

“SECOND SCHEDULE

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement (1)	Amount of Gratuity (2)	Weekly Rate of Pension (3)
Per Cent	£	£
1	680	0.97
2	1,020	1.94
3	1,360	2.92
4	1,700	3.89
5	2,040	4.86
6	2,380	5.83
7	2,720	6.80
8	3,060	7.78
9	3,400	8.75
10	3,740	9.72
11	4,080	10.69
12	4,420	11.66
13	4,760	12.64
14	5,100	13.61
15	5,440	14.58
16	5,780	15.55
17	6,120	16.52
18	6,460	17.50
19	6,800	18.47

”.

SCHEDULE B

“FOURTH SCHEDULE

Part 1

Article 4

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years

(1)					Weekly rate (2)
					£
(a) Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially
full-time employment		...	...	...	73.50
(b) In any other case	...	...	...	...	35.20

PART II

Article 9

Increase of Disablement Pension where the beneficiary requires constant attendance

(1)			Weekly rate (2)
			Degree of Disablement
			100%	90%	80%	70%	60%	50%
			£	£	£	£	£	£
(a) Increase where the beneficiary (not being a person included in (b) or (c) following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so for a period of not less than six months—
(i) Where the attendance required is
full-time	...	...	40.30	36.30	32.20	28.20	24.20	20.20
(ii) Where the attendance required is part-time only			20.20	18.20	16.20	14.20	12.20	10.20
(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement			60.50	54.50	48.40	42.40	36.30	30.30
(c) Increase 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	...	...	80.60

”.

	GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 25th day of May, 1999.
	DERMOT AHERN,
	Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare Act, 1999 provided for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the 1999 Budget. These Regulations provide for increases in the reduced rates of the following Occupational Injuries benefits—

— in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19% or under from the 31 May, 1999,

— in respect of Disablement Pension payable in lieu of such gratuities from the 4 June, 1999,

— in respect of Injury Benefit payable to persons under the age of sixteen from 31 May, 1999, and

— in respect of certain Constant Attendance Allowances from 4 June, 1999.