S.I. No. 694/2006 - Social Welfare (Occupational Injuries) (Amendment) Regulations 2006

1. These regulations may be cited as the Social Welfare (Occupational Injuries (Amendment) Regulations 2006.

Commencement.

2. These regulations come into operation -

(a) in so far as they relate to injury benefit and disablement gratuity on 1 January 2007, and

(b) in so far as they relate to disablement pension on 5 January 2007.

Definition.

3. In these regulations, “the Regulations of 2005” means the Social Welfare (Occupational Injuries) (Amendment) (No. 1) Regulations 2005 (

S.I. No. 881 of 2005

).

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 2005) 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 5 January 2007 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 1 January 2007, and

(b) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2005) 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

1,518

2.20

2

2,277

4.30

3

3,036

6.50

4

3,795

8.70

5

4,554

10.80

6

5,313

13.00

7

6,072

15.20

8

6,831

17.40

9

7,590

19.50

10

8,349

21.70

11

9,108

23.90

12

9,867

26.00

13

10,626

28.20

14

11,385

30.40

15

12,144

32.50

16

12,903

34.70

17

13,662

36.90

18

14,421

39.00

19

15,180

41.20

”.

SCHEDULE B

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

185.80

(b) in any other case … … … … … …

88.90

”.

GIVEN

under the Official Seal of the Minister for Social and Family Affairs, this 11

th

day of December 2006.

LS

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 2006

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 1 January 2007,

• in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 5 January 2007, and

• in respect of Injury Benefit payable to persons under the age of sixteen with effect from 1 January 2007.

S.I. No. 694 of 2006

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the

Social Welfare Law Reform and Pensions Act 2006

(No. 5 of 2006)), 74, 75 and 78 of the

Social Welfare Consolidation Act 2005

(No. 26 of 2005), hereby makes the following regulations

Citation.