S.I. No. 78/1982 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 1982

1. (1) These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1982.

(2) The Social Welfare (Occupational Injuries) Regulations, 1967 to 1981 and these Regulations may be cited together as the Social Welfare (Occupational Injuries) Regulations, 1967 to 1982.

2. These Regulations shall come into operation on the 5th day of April, 1982.

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

);

"The Regulations of 1981" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1981 (S.I. No. 340 of 1981).

4. (1) The Second Schedule to the Principal Regulations is hereby amended by the substitution for the scale (inserted by the Regulations of 1981) set out in that Schedule of the scale set out in Schedule A to these Regulations.

(2) The weekly rates of pension specified in column (3) of the scale set out in the said Second Schedule, as amended by these Regulations, shall have effect on and from the 5th day of April, 1982 whether the period taken into account by the assessment began on, before or after that date.

(3) Notwithstanding sub-article (1) of this article, the amount of a disablement gratuity payable by virtue of that sub-article shall be payable only where the period taken into account by the assessment of the degree of disablement begins on or after the 5th day of April, 1982.

5. The Fourth Schedule to the Principal Regulations is hereby amended by the substitution of the weekly rates of injury benefit payable to persons under the age of sixteen years (inserted by the Regulations of 1981) set out in that Schedule of the weekly rates set out in column (2) of Part I of Schedule B to these Regulations.

6. The Fourth Schedule to the Principal Regulations is hereby amended by the substitution of the weekly rates of constant attendance allowance (inserted by the Regulations of 1981) set out in that Schedule of the weekly rates set out in column (2) of Part II of Schedule B to these Regulations.

SCHEDULE A

Articles 6 & 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)

For persons under age 66

For persons aged 66 and over

for persons under age 66

for persons aged 66 and over

£

£

£

£

1 per cent

328.50

335.50

.48

.49

2 per cent

492.75

503.25

.95

.97

3 per cent

657.00

671.00

1.43

1.46

4 per cent

821.25

838.75

1.90

1.94

5 per cent

985.50

1,006.50

2.37

2.42

6 per cent

1,149.75

1,174.25

2.85

2.91

7 per cent

1,314.00

1,342.00

3.32

3.39

8 per cent

1,478.25

1,509.75

3.80

3.88

9 per cent

1,642.50

1,677.50

4.27

4.36

10 per cent

1,806.75

1,845.25

4.74

4.84

11 percent

1,971.00

2,013.00

5.22

5.33

12 per cent

2,135.25

2,180.75

5.69

5.81

13 per cent

2,299.50

2,348.50

6.17

6.30

14 per cent

2,463.75

2,516.25

6.64

6.78

15 per cent

2,628.00

2,684.00

7.11

7.26

16 per cent

2,792.25

2,851.75

7.59

7.75

17 per cent

2,956.50

3,019.50

8.06

8.23

18 per cent

3,120.75

3,187.25

8.54

8.72

19 per cent

3,285.00

3,355.00

9.01

9.20

SCHEDULE B

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 of (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment

34.45

(b) In any other case

15.69

PART II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance

(1)

Weekly rate

(2)

£

(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 dependent for life or for a period of not less than six months.

(i) Where the attendance required is whole-time

(a) beneficiary under age 66 ... ... ...

18.95

(b) beneficiary aged 66 and over ... ... ...

19.30

(ii) Where the attendance required is part-time only

(a) beneficiary under age 66 ... ... ...

9.48

(b) beneficiary aged 66 and over ... ... ...

9.65

(b) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement

(i) beneficiary under age 66 ... ... ...

28.43

(ii) beneficiary aged 66 and over ... ... ...

28.95

(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

(i) beneficiary under age 66 ... ... ...

37.90

(ii) beneficiary aged 66 and over ... ... ...

38.65

GIVEN under the Official Seal of the Minister for Social Welfare

this 30thday of March, 1982.

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 5 April 1982 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%, the weekly rate of pension which may be substituted for such gratuity and to increase rates of constant attendance allowance.

S.I. No. 78 of 1982.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1982

The Minister for Social Welfare, in exercise of the powers conferred on him by

sections 3

,

42

,

43

and

46

of the

Social Welfare (Consolidation) Act, 1981

(No. 1 of 1981 ), hereby makes the following Regulations:—