IE
S.I. No. 845/2004 - Social Welfare (Occupational Injuries) (Amendment) Regulations 2004
Statutory Text (5 Articles)
1. These regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations 2004.
Commencement
.
2. These regulations come into operation—
(
a
) in so far as they relate to injury benefit and disablement gratuity on 3 January 2005, and
(
b
) in so far as they relate to disablement pension on 7 January 2005.
Definition
.
3. In these regulations, “the Regulations of 2003” means the Social Welfare (Occupational Injuries) (Amendment) Regulations 2003 (
S.I. No. 697 of 2003
).
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 amended by—
(
a
) the substitution for the Second Schedule thereto (inserted by article 4 of the Regulations of 2003) 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 7 January 2005 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 3 January 2005, and
(
b
) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2003) of the Schedule set out in Schedule B to these regulations.
SCHEDULE A
Articles 6 and 7
“SECOND SCHEDULE
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
1,259
1.80
2
1,889
3.60
3
2,518
5.40
4
3,148
7.20
5
3,777
9.00
6
4,407
10.80
7
5,036
12.60
8
5,666
14.40
9
6,295
16.20
10
6,925
18.00
11
7,554
19.80
12
8,184
21.60
13
8,813
23.40
14
9,443
25.20
15
10,072
27.00
16
10,702
28.80
17
11,331
30.60
18
11,961
32.40
19
12,590
34.20
SCHEDULE B
Article 4
“FOURTH SCHEDULE
Part I
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 ... ... ...
148.80
(
b
) In any other case ... ... ... ...
71.20
GIVEN under the Official Seal of the Minister for Social and Family Affairs this 16th day of December, 2004.
SÉAMUS BRENNAN,
Minister for Social 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 Act 2004
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 less, with effect from 3 January 2005,
— in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 7 January 2005, and
— in respect of Injury Benefit payable to persons under the age of sixteen, with effect from 3 January 2005.
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by
section 12
of the
Social Welfare (Miscellaneous Provisions) Act 2002
(No. 8 of 2002)), 53 (as amended by
section 37
of the
Social Welfare Act 2001
(No. 5 of 2001)), 54 (as amended by
section 20
of the
Social Welfare Act 1994
(No. 4 of 1994)) and 57 (as amended by
section 19
of the
Social Welfare Act 2001
) of the
Social Welfare (Consolidation) Act 1993
(No. 27 of 1993), hereby makes the following regulations
Citation
.