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S.I. No. 77/1967 - Social Welfare (Occupational Injuries) Regulations, 1967.
Table of Provisions (56)
Statutory Text (56 Articles)
1. He shall obey the instructions of the doctor in attendance and answer any reasonable enquiries by the Minister or his officers relating to his claim.
2. He shall refrain from behaviour which is likely to retard his recovery.
3. If he absents himself from his place of residence he shall leave word as to where he may be found.
4. He shall not refuse unreasonably to see the Minister's sickness visitor (provided, however, that women shall not be visited otherwise than by women).
5. In the case of a person claiming or in receipt of injury benefit, he shall do no work unless it be—
(a) light work for which no remuneration is, or would ordinarily be, payable, or
(b) work undertaken primarily as a definite part of his treatment while he is a patient in or of a hospital, sanatorium, or other similar institution and his earnings in respect of that work do not, on the average, exceed sixty shillings a week, or
(c) work of the kind referred to in paragraph 7 of Part I of the First Schedule to the Act of 1952 under a scheme that is, in the opinion of the Minister, charitable in character and purpose, and his earnings in respect of that work do not, on the average, exceed sixty shillings a week.
6. In the case of a person claiming or in receipt of an increase of disablement pension by way of unemployability supplement, he shall do no work unless it be work in respect of which his earnings do not, on the average, exceed forty shillings a week.
GIVEN under my Official Seal, this 24th day of April, 1967.
JOSEPH BRENNAN,
Minister for Social Welfare.
EXPLANATORY NOTE.
These Regulations are principally concerned with the conditions for the receipt of benefit under the
Social Welfare (Occupational Injuries) Act, 1966
, and the rate or amount of benefit payable in certain cases by way of such benefit.
They specify the conditions under which injury benefit may be paid to persons under 16 years of age; the rules (supplementary to those contained in section 9 (3) of the Act) to be followed in assessing degrees ofdisablement, including prescribed degrees of disablement for specified injuries; the amount of disablement gratuities which are appropriate to degrees of disablement below 20% and the weekly rate of pension which may be substituted for each such gratuity where, in accordance with section 9 (9) of the Act, the claimant has the right to opt for such pension—these weekly rates of pension are applied also for the purposes of reducing a disablement pension payable to a recipient of a gratuity who later receives approved hospital treatment; the rates of constant attendance allowance and the conditions therefor.
The regulations also include provision for adjustments of benefit in respect of successive accidents, exception from disqualification for periods of penal servitude, imprisonment, or detention in legal custody and suspension of benefit during such periods. Miscellaneous provisions relating to hospital treatment, incapacity for work and night workers, are also included.
Further matters dealt with are the disqualification or suspension of benefit for failure to submit to medical examination or treatment or to observe prescribed rules of behaviour, the conditions for payment of unemployability supplement, together with increases for dependants, and constant attendance allowance to recipients of Workmen's Comsation, and the application of certain provisions of the Social Welfare (General Benefit) Regulations, 1953, to occupational injuries benefit.
The Regulations also include provision (article 21 (2)) to apply in relation to payments of the cost of medical care under the
Social Welfare (Occupational Injuries) Act, 1966
, certain provisions of the
Social Welfare Act, 1952
, relating to benefit and to making of claims.
7. Forequarter or hindquarter amputation
100
Amputation Cases—Upper Limbs (either arm)
8. Amputation through shoulder joint
90
9. Amputation below shoulder with stump less than 8 inches from tip of acromion
80
10. Amputation from 8 inches from tip of acromion to less than 4½ inches below tip of olecranon
70
11. Loss of a hand or of the thumb and four fingers of one hand or amputation from 4½ inches below tip of olecranon
60
12. Loss of thumb
30
Description of Injury
Degree of Disablement Per cent.
13. Loss of thumb and its metacarpal bone
40
14. Loss of four fingers of one hand
50
15. Loss of three fingers of one hand
30
16. Loss of two fingers of one hand
20
17. Loss of terminal phalanx of thumb
20
Amputation Cases—Lower Limbs
18. Amputation of both feet resulting in end-bearing stumps
90
19. Amputation through both feet proximal to the metatarsophalangeal joint
80
20. Loss of all toes of both feet through the metatarso-phalangeal joint
40
21. Loss of all toes of both feet proximal to the proximal interphalangeal joint
30
22. Loss of all toes of both feet distal to the proximal inter-phalangeal joint
20
23. Amputation at hip
90
24. Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trochanter
80
25. Amputation below hip and above knee with stump exceeding 5 inches in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump
70
26. Amputation at knee resulting in end-bearing stump or below knee with stump not exceeding 3½ inches
60
27. Amputation below knee with stump exceeding 3½ inches but not exceeding 5 inches.
50
28. Amputation below knee with stump exceeding 5 inches
40
29. Amputation of one foot resulting in end-bearing stump
30
30. Amputation through one foot proximal to the metatarsophalangeal joint
30
31. Loss of all toes of one foot through the metatarso-phalangeal joint
20
Other Injuries
32. Loss of one eye, without complications, the other being normal
40
33. Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal
30
Loss of
A. Fingers of right or left hand
Index finger—
34. Whole
14
35. Two phalanges
11
36. One phalanx
9
37. Guillotine amputation of tip without loss of bone
5
Middle finger—
38. Whole
12
39. Two phalanges
9
40. One phalanx
7
41. Guillotine amputation of tip without loss of bone
4
Ring or little finger—
42. Whole
7
43. Two phalanges
6
44. One phalanx
5
Description of Injury
Degree of Disablement Per cent.
45. Guillotine amputation of tip without loss of bone
2
B. Toes of right or left foot
Great toe—
46. Through metatarso-phalangeal joint
14
47. Part, with some loss of bone
3
Any other toe—
48. Through metatarso-phalangeal joint
3
49. Part, with some loss of bone
1
Two toes of one foot, excluding great toe—
50. Through metatarso-phalangeal joint
5
51. Part, with some loss of bone
2
Three toes of one-foot, excluding great toe—
52. Through metatarso-phalangeal joint
6
53. Part, with some loss of bone
3
Four toes of one foot, excluding great toe—
54. Through metatarso-phalangeal joint
9
55. Part, with some loss of bone
3
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 per cent
£38
1s.
2d.
2 " "
£57
2s.
4d.
3 " "
£76
3s.
6d.
4 " "
£95
4s.
8d.
5 " "
£114
5s.
9d.
6 " "
£133
6s.
11d.
7" "
£152
8s.
1d.
8" "
£171
9s.
3d.
9" "
£190
10s.
5d.
10 " "
£209
11s.
6d.
11 " "
£228
12s.
8d.
12""
£247
13s.
10d.
13""
£266;
15s.
0d.
14""
£285
16s.
2d.
15""
£304
17s.
3d.
16""
£323
18s.
5d.
17""
£342
19s.
7d.
18""
£361
20s.
9d.
19 " "
£380
21s.
11d.
THIRD SCHEDULE
Articles 15 and 18.
RULES OF BEHAVIOUR FOR A PERSON CLAIMING OR IN RECEIPT OF INJURY BENEFIT OR AN INCREASE OF DISABLEMENT PENSION BY WAY OF UNEMPLOYABILITY SUPPLEMENT.
S.I. No. 77 of 1967.
SOCIAL WELFARE (OCCUPATIONAL INJURIES) REGULATIONS, 1967.
ARRANGEMENT OF ARTICLES.
Article.