ISB SI

S.I. No. 171 of 1996.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1996

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 (as amended by

section 37

of the

Social Welfare Act, 1996

(No. 7 of 1996)), 53, 54 and 57 (as amended by

section 39

of the

Social Welfare Act, 1996

) 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, 1996.

2 Definition.

2.

In these Regulations, "the Regulations of 1995" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1995 (

S.I. No. 137 of 1995

).

3 Commencement.

3.

These Regulations shall come into operation on the 10th day of June, 1996.

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 1995) 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 10th day of June, 1996 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 10th day of June, 1996,

(b) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1995) 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(1)

Amount of Gratuity(2)

Weekly Rate of Pension(3)

Per Cent

£

£

1

616

0.88

2

924

1.76

3

1,232

2.65

4

1,540

3.53

5

1,848

4.41

6

2,156

5.29

7 8

2,464 2,772

6.17 7.06

9

3,080

7.94

10

3,388

8.82

11

3,696

9.70

12

4,004

10.58

13

4,312

11.47

14

4,620

12.35

15

4,928

13.23

16

5,236

14.11

17

5,544

14.99

18

5,852

15.88

19

6,160

16.76

SCHEDULE B

"FOURTH SCHEDULE

PART I

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

£64.50

(b) In any other case ... ... ... ... ... ...

31.30

PART II

Article 9

Increases of Disablement Pension where the beneficiary requires constant attendance

(1)

Weekly rate(2)

Degree of Disablement

100%

90%

80%

70%

60%

50%

£

£

£

£

£

£

(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 for a period of not less than six months –

(i) Where the attendance required is full-time

36.00

32.00

28.50

25.00

21.50

18.00

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

18.00

16.00

14.50

12.50

10.50

9.00

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

53.50

48.50

43.00

37.50

32.00

27.00

(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..

71.60

GIVEN under the Official Seal of the Minister for Social Welfare

this 30th day of May, 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare.

EXPLANATORY NOTE

The

Social Welfare Act, 1996

provided for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the 1996 Budget. These Regulations provide for increases in the reduced rates of the following Occupational Injuries benefits from the 10th of June, 1996 –

— in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19% 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.