S.I. No. 102 of 2001

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 11 of the Act of 2000 ( the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) , hereby makes the following Regulations:

Citation.

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 2001.

Commencement.

2. (1) Article 4 of these Regulations comes into operation -

(a)  in so far as it relates to injury benefit and disablement gratuity on 2 April 2001, and

(b)  in so far as it relates to disablement pension on 6 April 2001, and

(2) Article 5 of these Regulations comes into operation -

(a)  in so far as it relates to injury benefit and disablement gratuity on 31 December 2001, and

(b)  in so far as it relates to disablement pension on 4 January 2002.

Definition.

3. In these Regulations, “the Regulations of 2000” means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 2000 ( S.I. No. 120 of 2000 ).

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 2000) 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 6 April 2001 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 2 April 2001,

(b)  the deletion of article 9, and

(c)  the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2000) of the Schedule set out in Schedule B to these Regulations.

Increased rates of benefits and pensions under the occupational injuries scheme - euro.

5. 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 these Regulations) of the Schedule set out in Schedule C 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 4 January 2002, 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 31 December 2001, and

(b)  the substitution for the Fourth Schedule thereto (inserted by article 4 of these Regulations) of the Schedule set out in Schedule D 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

”.

SCHEDULE B

“FOURTH SCHEDULE

PART I

Article 4

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years

”.

SCHEDULE C

“SECOND SCHEDULE

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

”.

SCHEDULE D

“FOURTH SCHEDULE

PART I

Article 4

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years

”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare Act, 2001 provided 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 under from the 2nd April 2001,

-    in respect of Disablement Pension payable in lieu of such gratuities from the 6th April 2001, and

-    in respect of Injury Benefit payable to persons under the age of sixteen from the 2nd April 2001.

These Regulations also provide for the conversion of the above rates to convenient Euro amounts in line with the introduction of the new Euro currency from January 2002.