S.I. No. 136/1981 - Social Welfare (Occupational Injuries) Regulations, 1981.

S.I. No. 136 of 1981.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) REGULATIONS, 1981.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 42 , 43 , 45 , 46 and 61 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 (Occupational Injuries) Regulations, 1981.

(2) The Social Welfare (Occupational Injuries) Regulations, 1967 to 1980, and these Regulations may be cited together as the Social Welfare (Occupational Injuries) Regulations, 1967 to 1981.

2. These Regulations shall come into operation on the 6th day of April, 1981.

3. In these Regulations—

"The Act" means the Social Welfare (Consolidation) Act, 1981 ;

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

"The Regulations of 1980" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1980 ( S.I. No. 83 of 1980 ).

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

( a ) by the substitution in the sub-article (2) (a) of "£26.75" for "£22.30" (inserted by the Regulations of 1980), and

( b ) by the substitution in sub-article (2) (b) of "£12.18" for "£10.15" (inserted by the Regulations of 1980).

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

( a ) by the substitution in sub-article (a) of "£14.70'', "£7.35" and "£22.05", respectively, for "£11.75", "£5.90" and "£17.65" (inserted by the Regulations of 1980), and

( b ) by the substitution in sub-article (b) of "£29.40" for "£23.50" (inserted by the Regulations of 1980).

6. (1) The Second Schedule to the Principal Regulations is hereby amended by the substitution, for the scale (inserted by the Regulations of 1980) 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 6th day of April, 1981, whether the period taken into account by the assessment began on, before or after that date.

7. Notwithstanding article 6 of these Regulations, the amount of a disablement gratuity payable by virtue of that article shall be payable only where the period taken into account by the assessment of the degree of disablement begins on or after the 6th day of April, 1981.

8. Rule 5 of the Rules of Behaviour specified in the Third Schedule to the Principal Regulations is hereby amended by the substitution in paragraphs (b) and (c) of "twelve pounds" for "six pounds".

9. (1) For the purpose of section 45 (2) (a) of the Act, the prescribed amount of earnings in a year shall be £468.

(2) Rule 6 of the Rules of Behaviour specified in the Third Schedule to the Principal Regulations is hereby amended by the substitution of "nine pounds" for "four pounds and fifty new pence".

SCHEDULE.

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

Degree of Disablement	Amount of Gratuity	Weekly rate of Pension
(1)	(2)	(3)
	£	£
1 per cent ... ...	255.00	.37
2 per cent ... ...	382.50	.74
3 per cent ... ...	510.00	1.11
4 per cent ... ...	637.50	1.48
5 per cent ... ...	765.00	1.84
6 per cent ... ...	892.50	2.21
7 per cent ... ...	1,020.00	2.58
8 per cent ... ...	1,147.50	2.95
9 per cent ... ...	1,275.00	3.32
10 per cent ... ...	1,402.50	3.68
11 per cent ... ...	1,530.00	4.05
12 per cent ... ...	1,657.50	4.42
13 per cent ... ...	1,785.00	4.79
14 per cent ... ...	1,912.50	5.16
15 per cent ... ...	2,040.00	5.52
16 per cent ... ...	2,167.50	5.89
17 per cent ... ...	2,295.00	6.26
18 per cent ... ...	2,422.50	6.63
19 per cent ... ...	2,550.00	7.00

GIVEN under the Official Seal of the Minister for Social Welfare,

this 3rdday of April, 1981

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Regulations amend the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) in order to increase with effect from 6 April 1981 the rates of injury benefit payable to persons under age sixteen, the amount of disablement gratuities appropriate to degrees of disablement assessed at less than 20 per cent, the weekly rate of pension which may be substituted for such gratuity and to increase certain rates of constant attendance allowance.

The Regulations increase from six pounds to twelve pounds the weekly amount a person may earn from certain types of work specified in the Rules of Behaviour which claimants to injury benefit must observe. They also increase from four pounds and fifty new pence to nine pounds the weekly amount a person may earn without contravening the Rules of Behaviour which claimants to an increase of disablement pension by way of unemployability supplement must observe.