S.I. No. 652/2001 - Social Welfare (Occupational Injuries) (Amendment) (No.2) Regulations, 2001


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 9 of the Act of 2001 (No. 5 of 2001)), 53, 54 and 57 (as amended by section 19 of the Social Welfare Act, 2001 (No. 5 of 2001)) 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) (No.2) Regulations, 2001.

Commencement.

2. These Regulations come into operation -

(a)  in so far as they relate to injury benefit and disablement gratuity on 31 December 2001, and

(b)  in so far as they relate to disablement pension on 4 January 2002.

Definition.

3. In these Regulations, “the Regulations of 2001” means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 2001 ( S.I. No. 102 of 2001 ).

Revocation.

4. Article 5 of the Regulations of 2001 is revoked.

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

5. The Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) are amended by -

(a)  the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 2001) 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 4 January 2002 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 31 December 2001, and

(b)  the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2001) 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

Amount of Gratuity

Weekly Rate of Pension

(1)

(2)

(3)

Per Cent

EUR

EUR

1

1,042

1.50

2

1,563

3.00

3

2,084

4.50

4

2,605

6.00

5

3,126

7.40

6

3,647

8.90

7

4,168

10.40

8

4,689

11.90

9

5,210

13.40

10

5,731

14.90

11

6,252

16.40

12

6,773

17.90

13

7,294

19.40

14

7,815

20.80

15

8,336

22.30

16

8,857

23.80

17

9,378

25.30

18

9,899

26.80

19

10,420

28.30

”.

SCHEDULE B

FOURTH SCHEDULE

PART I

Article 4

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

Weekly rate

(1)

(2)

EUR

(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

...

...

...

118.80

(b) In any other case

...

...

...

...

...

...

56.80

”.

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 18th day of December, 2001.

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 (No.2) Act, 2001 provides for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the 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 31st December 2001,

-   in respect of Disablement Pension payable in lieu of such gratuities from the 4th January 2002, and

-   in respect of Injury Benefit payable to persons under the age of sixteen from the 31st December 2001.