No. 415/1943:

AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1942 (FIRST AMENDMENT) SCHEME, 1943.

AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1942 (FIRST AMENDMENT) SCHEME, 1943.

I, SEÁN T. Ó CEALLAIGH, Minister for Finance, in exercise of the powers conferred on me by section 64 of the Air Raid Precautions Act, 1939 (No. 21 of 1939), as amended by the Emergency Powers (No. 99) Order, 1941 (S. R. & O. No. 340 of 1941), and of every and any other power me in this behalf enabling, hereby make the following Scheme, that is to say :—

1. This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (First Amendment) Scheme, 1943.

2.—(1) In this Scheme the expression " the Principal Scheme " means the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 ( S. R. & O. No. 319 of 1942 ).

(2) This Scheme shall be construed as one with the Principal Scheme.

3. The definition (contained in Article 2 of the Principal Scheme) of the expression " personal injury " is hereby amended by the deletion of the words " resulting from service".

4. The definition (contained in Article 2 of the Principal Scheme) of the expression " public moneys " is hereby amended by the insertion after the words " local authority ", of the words " (except moneys paid by way of home assistance) ".

5. Article 5 of the Principal Scheme is hereby amended by the deletion, in subparagraph (a) of paragraph (1) of the words " or the Parliamentary Secretary to the Minister for Defence ".

6. Article 9 of the Principal Scheme shall, with effect as on and from 1st day of June, 1943, be construed as if, in paragraphs (1) and (2), the words " thirty-seven shillings and six-pence " were substituted for the words " thirty shillings ".

7. Article 10 of the Principal Scheme shall have effect as if the following paragraph were inserted in lieu of paragraph (3)—

"(3) For the purposes of this Article a child of a person who has sustained a qualifying injury born after the date of such injury but not later than nine months after that date, shall be deemed to have been wholly dependent on such person at the said date if the mother of such child either was such person or was wholly or mainly maintained by such person at the said date or if at the date of birth the child was wholly or mainly maintained by such person ".

8. The Principal Scheme shall have effect as if the following Article were inserted in lieu of Article 11—

Limitations to payment of basic compensation in certain circumstances.

" 11.—(1) No basic compensation shall be payable to any person during any period in respect of which sickness or disablement benefit is, by reason of his having sustained a qualifying injury, payable to him under the National Health Insurance Acts, 1911 to 1942, in excess of the amount (if any) by which such benefit falls short of the appropriate rate of basic compensation under Article 9 of this Scheme.

"(2) Where a person is granted, after the date of the qualifying injury and by reason of his having sustained such injury, sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, no basic compensation shall be payable in excess of the amount (if any) by which such sick pay, pension or allowance (expressed as a weekly rate) falls short of the appropriate rate of basic compensation under Article 9 of this Scheme,

"(3) Where unemployment assistance is payable to a person in respect of any period after the date of the qualifying injury, no basic compensation shall be payable in excess of the amount (if any) by which the weekly rate of unemployment assistance payable to him falls short of the appropriate rate of basic compensation under Article 9 of this Scheme ".

9. Article 21 of the Principal Scheme is hereby amended by the deletion, in subparagraphs (a) and (b) of paragraph (1), of the words " or the Parliamentary Secretary to the Minister for Defence ".

10. Article 23 of the Principal Scheme shall have effect as if the following paragraphs were inserted in lieu of paragraphs (6) and (7)—

"(6) Where—

(a) compensation is payable in respect of the death of a person, and

(b) the person was at the critical date unmarried or a widow or a widower, and

(c) the person leaves any relatives who were at the critical date wholly dependent on the person,

there shall be payable as compensation to each such relative, so long as he or she is incapable (owing to physical or mental infirmity) of earning, an allowance of seven shillings and sixpence a week.

"(7) A child of a deceased person born after the critical date, but not later than nine months after the critical date, shall be deemed for the purposes of this Article to have been wholly dependent on the deceased at the critical date if the mother of the child was at the critical date wholly or mainly maintained by the deceased or if the Minister is satisfied that at the date of birth the child would have been wholly or mainly maintained by the deceased if the latter had been alive at that date."

11. Article 24 of the Principal Scheme shall have effect as if the following subparagraph were inserted in lieu of subparagraph (d) of paragraph (2)—

"(d) any child of the deceased born after the critical date, but not later than nine months after the critical date, if the mother of the child was at the critical date maintained (otherwise than wholly or mainly) by the deceased or if the Minister is satisfied that at the date of birth the child would have been maintained (otherwise than wholly or mainly) by the deceased if the latter had been alive on the date of birth."

12. Article 25 of the Principal Scheme shall have effect as if there were inserted in lieu of paragraph (2) the following paragraph—

"(2) Where compensation would be payable in respect of the death of a person but for the fact that he leaves no dependant, the Minister may, in respect of the expenses incurred for medical attendance and burial of such person, pay such sum (not exceeding twenty-five pounds) as he considers reasonable, and any such sum shall be paid to the persons to whom the said expenses are due or, if they have been paid, the persons who paid them, in such shares as, in default of agreement between those persons, the Minister thinks proper."

13. The Principal Scheme shall have effect as if there were inserted after Article 39 the following Article—

"39. A.—(1) The Minister may pay such fees as he considers reasonable for

(a) examinations carried out and reports furnished by a Medical Examiner by direction of the Board,

(b) reports furnished by other duly qualified medical practitioners by direction of the Board,

(c) reports furnished by other duly qualified medical practitioners in support of applications by persons to whom compensation is payable under this Scheme,

(d) other reports obtained by the Board with the sanction of the Minister or furnished by the applicant at the request of the Minister for the purposes of investigating applications for compensation under this Scheme.

"(2) Where medical reports have been obtained and furnished in connection with a claim for compensation arising out of a death in respect of which compensation is payable under this Scheme, the Minister may make, in respect of expenses incurred in obtaining such reports, such payment as he considers reasonable.

"(3) The Minister may pay such fees as are prescribed by law, or if no fees are so prescribed, such fees as he considers reasonable, for such reports other than reports by duly qualified medical practitioners, as may be obtained by the Board, with the sanction of the Minister, for the purpose of investigating applications for compensation."

14. Article 15 of the Principal Scheme is hereby revoked.

GIVEN under my Official Seal, this 8th day of December, 1943.

SEÁN T. Ó CEALLAIGH,

Minister for Finance.