S.I. No. 848/2005 - Air-raid Precautions Services (Compensation for Personal Injuries) (Sixth Amendment) Scheme 2005

STATUTORY INSTRUMENTS

S.I. No. 848 of 2005

Air-raid Precautions Services (Compensation for Personal Injuries) (Sixth Amendment) Scheme 2005

I, WILLIE O'DEA, Minister for Defence in exercise of the powers conferred on me by section 64 (as amended by section 5 of the Air-raid Precautions (Amendment) Act 1946 (No. 28 of 1946)) of the Air-raid Precautions Act 1939 (No. 21 of 1939), as adapted by the Air-raid Precautions Services (Compensation for Personal Injuries) (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 78 of 1973 ), the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 294 of 1973 ), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 ( S.I. No. 81 of 1987 ), with the consent of the Minister for Finance, hereby make the following scheme:

1.       (1)       This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) (Sixth Amendment) Scheme 2005.

(2)       The Air-raid Precautions Services (Compensation for Personal Injuries Schemes 1973 to 2003 and this Scheme may be cited together as the Air-raid Precautions Services (Compensation for Personal Injuries) Schemes 1973 to 2005.

2.       In this Scheme “Principal Scheme” means the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme 1973 ( S.I. No. 104 of 1973 ) (as amended by the Air-raid Precautions Services (Compensation for Personal Injuries)(Fifth Amendment Scheme 2003 ( S.I. No. 676 of 2003 ).

3.       Article 27 (Compensation - widows) of the Principal Scheme is amended by substituting the following for paragraph (1):

“(1)  Where compensation is payable in respect of the death of a person and that person leaves a widow, 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, she shall be paid compensation at the weekly rate of -

(a)        €177.60, in the case of a widow aged 65 years or under,

(b)        €183.70, in the case of a widow aged between 66 and 79 years,

or

(c)        €185.70, in the case of a widow aged 80 years or over.”.

4.       Article 28 (Compensation - widowers) of the Principal Scheme is amended -

(a)      by substituting the following for paragraph (1):

“(1)  Where compensation is payable in respect of the death of a person and that person leaves a widower, if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained, he shall be paid compensation at the weekly rate of -

(a)        €177.60, in the case of a widower aged 65 years or under,

(b)        €183.70, in the case of a widower aged between 66 and 79 years, or

(c)        €185.70, in respect of a widower aged 80 years or over.”,

and

(b)      by deleting paragraphs (2) and (3).

5.       Article 30 (Compensation - parents and certain relatives) of the Principal Scheme is amended -

(a)      in paragraph (3) -

(i)        by substituting the following for subparagraph (a)(i):

“(i)       at a weekly rate of -

(I)        €177.60, in the case of a father aged 65 years or under,

(II)       €183.70 in the case of a father aged between 66 and 79 years, or

(III)      €185.70 in the case of a father aged 80 years or over,

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)        by substituting the following for subparagraph (b):

“(b)    where the parent is the mother, having been at the death of the deceased a widow or having thereafter become a widow, at a weekly rate of -

(i)         €177.60, in the case of a widow aged 65 years or under,

(ii)         €183.70, in the case of a widow aged between 66 and 79 years, or

(iii)        €185.70, in the case of a widow aged 80 years or over and”,

and

(iii)        by substituting the following for subparagraph (c)(ii):

“(ii)    in any other case, at a weekly rate of -

(I)        €177.60, in the case of a mother aged 65 years or under,

(II)       €183.70, in the case of a mother aged between 66 and 79 years, or

(III)      €185.70 in the case of a mother aged 80 years or over.”,

and

(b)      by substituting the following paragraph for paragraph (4):

“(4)      Where a person to whom compensation at a weekly rate of -

(a)      €177.60, in the case of a father aged 65 years or under,

(b)      €183.70, in the case of a father aged between 66 and 79 years,

or

(c)      €185.70, in the case of a father aged 80 years or over,

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 €70.90 and if at that time compensation at the weekly rate of €70.90 under paragraph (3)(c)(i) of this Article is payable to his wife, that compensation shall thereafter be payable at a weekly rate of -

(i)      €177.60, in the case of a mother aged 65 years or under,

(ii)      €183.70, in the case of a mother aged between 66 and 79 years,

or

(iii)      €185.70, in the case of a mother aged 80 years or over”.

6.       Article 32 (compensation - partial dependants) of the Principal Scheme is amended in paragraph (1) by substituting “€9,772” for “€9,413”.

7.       Each provision of the Principal Scheme specified in column (1) of the Table to this Scheme shall, for the purposes of increasing the compensation payable under the Principal Scheme, have effect as if for the amount mentioned in column (2) of the said Table opposite the mention of such provision in column (1) there were substituted, with effect from the making of this Scheme, the weekly amount mentioned in column (3) of that Table opposite the mention of such provision in column (1).

TABLE

Article 7

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

EXPLANATORY NOTE.

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

This Statutory Instrument provides for increases in compensation payable under the Air-raid Precautions Services (Compensation for Personal Injuries) Schemes, 1973 to 2003, in respect of death or personal injuries sustained by members of the Civil Defence organisation while engaged in Civil Defence activities.