ISB SI

S.I. No. 137 of 1995.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1995.

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

sections 4

,

53

,

54

and

57

of the

Social Welfare (Consolidation) Act, 1993

(No. 27 of 1993) hereby makes the following Regulations:—

1 Citation.

1.

These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1995.

2 Definition.

2.

In these Regulations, "the Regulations of 1994" means the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1994 (

S.I. No. 233 of 1994

).

3 Commencement.

3.

These Regulations shall come into operation on the 12th day of June, 1995.

4 Increased Rates of Benefits and Pensions under the Occupational Injuries Scheme.

4.

The Social Welfare (Occupational Injuries) Regulations, 1967 (

S.I. No. 77 of 1967

) are hereby amended by—

(

a

) the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 1994) 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 the 12th day of June, 1995 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 the 12th day of June, 1995,

(

b

) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1994) of the Schedule set out in Schedule B to these Regulations.

Articles 6 and 7

SCHEDULE A

"SECOND 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

598

0.86

2

897

1.71

3

1,196

2.57

4

1,495

3.42

5

1,794

4.28

6

2,093

5.13

7

2,392

5.99

8

2,691

6.84

9

2,990

7.70

10

3,289

8.55

11

3,588

9.41

12

3,887

10.26

13

4,186

11.12

14

4,485

11.97

15

4,784

12.83

16

5,083

13.68

17

5,382

14.54

18

5,681

15.39

19

5,980

16.25

".

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)

£

(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

62.50

(b) In any other case

30.40

Article 9

PART II

Increases of Disablement Pension where the beneficiary requires constant attendance.

Description of Increase

Weekly rate

(1)

(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

34.70

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

17.35

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

52.05

(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

69.50

".

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

this 29th day of May, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

The

Social Welfare Act, 1995

provided for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the 1995 Budget. These Regulations provide for increases in the reduced rates of the following Occupational Injuries benefits from the 12th of June, 1995—

— in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19 per cent. or under,

— in respect of Disablement Pension payable in lieu of such gratuities,

— in respect of Injury Benefit payable to persons under the age of sixteen, and

— in respect of certain Constant Attendance Allowances.