S.I. No. 78/1967 -- Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1967.
S.I. No. 78/1967: SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) REGULATIONS, 1967. |
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SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) REGULATIONS, 1967. |
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ARRANGEMENT OF ARTICLES. |
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PART I. |
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GENERAL |
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Article |
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PART II. |
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PRESCRIPTION OF DISEASES AND PRESUMPTION AS TO THEIR ORIGIN |
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PART III. |
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DATE OF DEVELOPMENT AND RECRUDESCENCE |
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PART IV. |
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MODIFICATION OF PROVISIONS OF THE ACT AND OF REGULATIONS |
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PART V. |
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SPECIAL PROVISIONS AS TO PNEUMOCONIOSIS AND BYSSINOSIS |
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SCHEDULE. |
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S.I. No. 78 of 1967. |
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SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) REGULATIONS, 1967. |
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I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952), and by section 23 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :-- |
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PART I. GENERAL |
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Citation. | ||||||||||||||||||||||||||||||||||
1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1967. |
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Commencement. | ||||||||||||||||||||||||||||||||||
2. These Regulations shall come into operation on the 1st day of May, 1967. |
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Interpretation | ||||||||||||||||||||||||||||||||||
3.--(1) In these Regulations-- |
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" the Act " means the Social Welfare (Occupational Injuries) Act, 1966 ; |
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" the Occupational Injuries Regulations " means the Social Welfare (Occupational Injuries) Regulations, 1967; |
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" the Claims and Payments Regulations " means the Social Welfare (Claims and Payments) Regulations, 1952 to 1967; |
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" the appointed day " means the 1st day of May, 1967, being the day appointed by the Minister for the purposes of the Act; |
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" asbestos textiles " means yarn or cloth composed of asbestos or of asbestos mixed with any other material; |
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" coal mine " means any mine where one of the objects of the mining operations is the getting of coal (including bituminous coal, cannel coal, anthracite, lignite and brown coal); |
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" foundry " means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely, the drying and subsequent preparation of sand for moulding (including the reclamation of used moulding sand), the preparation of moulds and cores, knock-out operations and dressing or fettling operations; |
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" grindstone " means a grindstone composed of natural or manufactured sandstone and includes a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted: |
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" mine " means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals, and includes-- |
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(a) any place on the surface surrounding or adjacent to the shafts of the mine occupied together with the mine for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on; |
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(b) any place used for depositing refuse from the mine ; |
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(c) any line or siding (not being part of a railway) serving the mine; and |
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(d) any conveyor or aerial ropeway provided for the removal from the mine of minerals or refuse; |
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" pneumoconiosis " means fibrosis of the lungs due to silica dust, asbestos dust or other dust, and includes the condition of the lungs known as dust reticulation but does not include byssinosis; |
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" prescribed disease " means a disease or injury prescribed under Part II of these Regulations and references to a prescribed disease being contracted shall be deemed to include references to a prescribed injury being received; |
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" silica rock " means quartz, quartzite, ganister, sandstone, gritstone and chert, but not natural sand or rotten rock; |
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" tuberculosis " in the description of the disease numbered 41 in Part I of the Schedule to these Regulations means disease due to tuberculosis infection, but when used elsewhere in these Regulations in connection with pneumoconiosis means tuberculosis of the respiratory system only; |
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and other expressions have the same meanings as in the Act. |
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(2) References in these Regulations to any enactment or regulations shall include references to such enactment or regulations as amended by any subsequent enactment, order or regulations. |
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PART II. PRESCRIPTION OF DISEASES AND PRESUMPTION AS TO THEIR ORIGIN |
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Prescription of diseases and injuries. | ||||||||||||||||||||||||||||||||||
4. For the purposes of section 23 of the Act-- |
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(a) each disease or injury set out in the first column of Part I of the Schedule hereto is prescribed in relation to all insured persons who have been employed on or after the appointed day in insurable (occupational injuries) employment in any occupation set against such disease or injury in the second column of the said Schedule; |
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(b) pneumoconiosis is prescribed-- |
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(i) in relation to all insured persons who have been employed on or after the appointed day in insurable (occupational injuries) employment in any occupation set out in Part II of the said Schedule; and |
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(ii) in relation to all other insured persons who have been employed on or after the appointed day in any occupation involving exposure to dust and who have not worked at any time (whether in insurable (occupational injuries) employment or not) in any occupation in relation to which pneumoconiosis is prescribed by virtue of paragraph (b) (i) of this article; |
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(c) byssinosis is prescribed in relation to all insured persons who have been employed-- |
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(i) in insurable (occupational injuries) employment at any time on or after the appointed day; and |
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(ii) for a period or periods (whether before, on or after the appointed day) amounting in the aggregate to not less than ten years ; |
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in any occupation in any room where any process up to and including the carding process is performed in factories in which spinning or manipulation of raw or waste cotton or of flax is carried on. |
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Sequelae or resulting conditions. | ||||||||||||||||||||||||||||||||||
5. Where a person-- |
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(a) is insured under the Act and these Regulations against a prescribed disease; and |
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(b) is suffering from a condition which, in his case, has resulted from that disease; |
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the provisions of section 23 of the Act and of these Regulations shall apply to him as if he were suffering from that disease, whether or not the condition from which he is suffering is itself a prescribed disease. |
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Presumption. | ||||||||||||||||||||||||||||||||||
6.--(1) Where an insured person has developed a disease which is prescribed in relation to him in Part I of the Schedule hereto, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment if that employment was in any occupation set against that disease in the second column of the said Part and he was so employed on, or at any time within one month immediately preceding, the date on which, under the subsequent provisions of these Regulations, he is treated as having developed the disease : |
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Provided that this sub-article shall not apply to the diseases numbered 33, 35 and 41 in the said Schedule. |
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(2) Where an insured person in relation to whom tuberculosis is prescribed in paragraph 41 of Part I of the said Schedule has developed that disease, the disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment if the date on which, under the subsequent provisions of these Regulations, he is treated as having developed the disease is not less than six weeks after the date on which he was first employed in any occupation set against the disease in the second column of the said Part and not more than two years after the date on which he was last so employed in insurable (occupational injuries) employment. |
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(3) Where an insured person in relation to whom pneumoconiosis is prescribed by virtue of paragraph (b) (i) of article 4 of these Regulations has developed pneumoconiosis, the disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment if he has been employed in one or other of the occupations set out in Part II of the said Schedule for a period or periods amounting in the aggregate to not less than two years in employment which either-- |
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(a) was insurable (occupational injuries) employment; or |
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(b) would have been insurable (occupational injuries) employment if it had taken place on or after the appointed day. |
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(4) Where an insured person in relation to whom byssinosis is prescribed in paragraph (c) of article 4 of these Regulations develops byssinosis, the disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment. |
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PART III. DATE OF DEVELOPMENT AND RECRUDESCENCE |
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Development of disease. | ||||||||||||||||||||||||||||||||||
7. If on a claim for benefit under section 23 of the Act in respect of a prescribed disease, a person is found to be or to have been suffering from the disease, or to have died as the result thereof, the disease shall, for the purposes of such claim, be treated as having developed on a date (hereafter referred to as " the date of development ") determined in accordance with the provisions of the two next following articles. |
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Date of development. | ||||||||||||||||||||||||||||||||||
8.--(1) For the purposes of the first claim in respect of a prescribed disease suffered by an insured person, the date of development shall be determined in accordance with the following provisions of this article, and, save as provided in article 9 of these Regulations, that date shall be treated as the date of development for the purposes of any subsequent claim in respect of the same disease suffered by the same person : |
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Provided that if, on the consideration of a claim, no award of benefit is made, any date of development determined for the purposes of that claim shall be disregarded for the purposes of any subsequent claim. |
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(2) Where the claim for the purposes of which the date of development is to be determined is-- |
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(a) a claim for injury benefit, the date of development shall be the first day on which the claimant was incapable of work as the result of the disease on or after the appointed day; or, if later, the date as from which benefit could be paid on that claim; |
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(b) a claim for disablement benefit, the date of development shall be the day on which the claimant first suffered from the relevant loss of faculty on or after the appointed day; or, if later, the date as from which benefit could be paid on that claim; or |
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(c) a claim for death benefit, the date of development shall be the date of death. |
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(3) In the immediately foregoing sub-article, " the date as from which benefit could be paid on that claim " means, in relation to any claim, the first day of the period in respect of which benefit could be paid on that claim having regard to the provisions of article 11A of the Social Welfare (Claims and Payments) Regulations, 1952 (which relates to time limits for claiming occupational injuries benefit) or could have been so paid but for the proviso to subsection 1 of section 8 of the act (which provides that, in the circumstances therein specified, injury benefit shall not be payable in respect of the first three days of incapacity in the injury benefit period). |
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Recrudescence. | ||||||||||||||||||||||||||||||||||
9.--(1) If a person after having been awarded benefit in respect of a prescribed disease other than pneumoconiosis or byssinosis recovers wholly or partially from the attack of the disease, and thereafter suffers from another attack of the same disease, or dies as the result thereof, then-- |
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(a) if the further attack commences or the death occurs during an injury benefit period or during a period taken into account by an assessment of disablement relating to such a previous award (either of which periods is hereinafter referred to as a " relevant period "), the disease shall be treated as a recrudescence of the attack to which the relevant period relates, unless it is otherwise determined in the manner referred to in the following paragraph; |
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(b) if the further attack commences or the death occurs otherwise than during a relevant period, or if it is decided, having regard to the particular circumstances, that the disease was in fact contracted afresh, it shall be treated as having been so contracted. |
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(2) For the purposes of the foregoing sub-article, a further attack of a prescribed disease shall be deemed to have commenced on the date which would be treated as the date of development under the provisions of article 8 if no previous claim had been made in respect of that disease. |
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(3) Where, under the foregoing provisions of this article, a disease is treated as having been contracted afresh, the provisions of article 8 shall be applied as though no previous claim had been made in respect of that disease and the date of development shall be determined accordingly. |
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(4) Where, under the provisions aforesaid, a disease is treated as a recrudescence during a period taken into account by a previous assessment of disablement, any assessment of disablement in respect of the recrudescence shall be by way of revision of such previous assessment. |
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Transitional provisions. | ||||||||||||||||||||||||||||||||||
10.--(1) If under the foregoing provisions of this Part of these Regulations a date of development has to be determined for the purpose of a claim for benefit in respect of a prescribed disease, other than pneumoconiosis or byssinosis, suffered by a person who is or has been entitled in respect of the same disease to any compensation under the Workmen's Compensation Acts and, at the date of such claim for benefit, or, if it is a claim for death benefit, at the date of death-- |
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(a) that person was in receipt of weekly payments in respect of such compensation; or |
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(b) any liability or alleged liability for such compensation had been redeemed by the payment of a lump sum, or had been the subject of a variation agreement, redemption agreement, commutation agreement or agreement by way of compromise under the provisions of the said Acts; |
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the disease in respect of which the claim is made shall be treated for the purposes of these Regulations as a recrudescence of the disease in respect of which such compensation was awarded or paid and not as having developed on or after the appointed day unless it is decided, having regard to the particular circumstances, that the disease was in fact contracted afresh. |
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(2) If it is determined as provided in the foregoing sub-article that the disease was contracted afresh, or if compensation is not being or has not been paid as provided in paragraph (a) or (b) thereof, the date of development shall be determined in accordance with articles 7 to 9 as if no compensation under the Workmen's Compensation Acts had been paid in respect of that disease. |
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(3) If the date of development has to be determined as aforesaid in respect of pneumoconiosis or byssinosis suffered by a person who is or has been entitled in respect of the same disease to any compensation under the Workmen's Compensation Acts, the disease in respect of which the claim is made shall be treated for the purposes of these Regulatons as not having developed on or after the appointed day. |
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(4) If, after the date of a claim for benefit in respect of a prescribed disease, the claimant receives a weekly payment of compensation in respect of that disease under the Workmen's Compensation Acts which he was not receiving at the date of such claim, or any liability or alleged liability for such compensation is made the subject of an agreement under which he becomes entitled to compensation by way of lump sum under those Acts, then any decision on any question arising in connection with that claim, if given before the date of, or in ignorance of the fact of, the receipt of such weekly payment or the making of such agreement, may be revised as if the decision was erroneous in the light of new evidence or of new facts brought to notice since the date on which it was given, and on such revision the question may be decided as if the claimant has been in receipt of such weekly payment or had entered into such agreement at the date of the claim, and the foregoing provisions of this article shall apply accordingly. |
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(5) For the purposes of this article, a person shall be deemed to be, or to have been, in receipt of a weekly payment of compensation if-- |
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(a) he is or was in fact receiving such payment; or |
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(b) he is or was entitled thereto under an award or agreement made under the Workmen's Compensation Acts. |
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PART IV. MODIFICATION OF PROVISIONS OF THE ACT AND OF REGULATIONS. |
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Definition. | ||||||||||||||||||||||||||||||||||
11. In this Part of these Regulatitons, " relevant disease " means, in relation to any claim for benefit in respect of a prescribed disease, the prescribed disease in respect of which benefit is claimed, but does not include any previous or subsequent attack of that disease, suffered by the same person, which, under the provisions of Part III of these Regulations, is or has been treated-- |
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(a) as having developed on a date other than the date which, under the said provisions, is treated as the date of development for the purposes of the claim under consideration; |
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(b) as a recrudescence of a disease for which compensation has been paid or awarded under the Workmen's Compensation Acts. |
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Modification of provisions of the Act. | ||||||||||||||||||||||||||||||||||
12.--(1) The provisions of the Act shall, in relation to prescribed diseases, be subject to the following provisions of this Part of these Regulations. |
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(2) References in the Act to accidents against which a person was insured under the Acts shall be construed as references to prescribed diseases against which he is so insured. |
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(3) References in the Act to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease. |
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(4) References in section 25 of the Act to the time of the relevant accident shall be construed as references to the latest date, not later than the date of development, on which the person was employed in the employment to the nature of which the relevant disease is due. |
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Application of Claims and Payments Regulations and Occupational Injuries Regulations and the constructions of references in those regulations. | ||||||||||||||||||||||||||||||||||
13.--(1) Save in so far as they are expressly varied or excluded by, or are inconsistent with, the provisions of this Part of these Regulations, the Claims and Payments Regulatitons and the Occupational Injuries Regulations shall apply in relation to prescribed diseases as they apply in relation to accidents. |
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(2) Save as provided in this Part of these Regulations, references in the aforesaid regulations to accidents shall be construed as references to prescribed diseases, references to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease. |
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Diseases contracted outside the State. | ||||||||||||||||||||||||||||||||||
14. Subject to the provisions of the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1967, relating to persons employed on ships or aircraft and to persons temporarily employed outside the State, for the purpose of determining whether a prescribed disease is, or, under the provisions of Part II of these Regulations is presumed to be, due to the nature of the person's insurable (occupational injuries) employment, that person's shall be regarded as not being or as not having been in insurable (occupational injuries) employment during any period for which he is or was outside the State, and accordingly occupatitonal injuries benefit shall not be payable in respect of a prescribed disease which is due to the nature of employment in an occupation in which the insured person has only been engaged outside the State. |
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Injury benefit. | ||||||||||||||||||||||||||||||||||
15.--(1) Subsection (2) of section 8 of the Act (which subsection provides that in determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded) shall not apply. |
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(2) Save as provided in the next following article, the injury benefit period shall begin with the date of development. |
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Disablement benefit not preceded by injury benefit. | ||||||||||||||||||||||||||||||||||
16. Where an insured person, not having been entitled to injury benefit in respect of the relevant disease, claims disablement benefit in respect of that disease, and under the provisions of Part III of these Regulations a date of development is determined for the purposes of that claim, the following provisions shall apply, that is to say :-- |
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(a) subsection (2) of section 9 of the Act (which subsection relates to the period for which disablement benefit is not available) shall not apply and the claim shall be treated as if there had been no injury benefit period; |
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(b) subsection (5) of section 9 of the Act (which subsection relates to the period to be taken into account by an assessment of the extent of the claimant's disablement) shall have effect as if for references therein to the end of the injury benefit period were substituted references to the date of development. |
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Assessment of extent of disablement. | ||||||||||||||||||||||||||||||||||
17. For the purposes of paragraph (b) of subsection (3) of section 9 of the Act (which subsection relates to the disabilities to be taken into account in assessing the extent of the claimant's disablement) an injury or disease other than the relevant disease shall be treated as having been received or contracted before the relevant disease if it was received or contracted on or before the date of development, and as having been received or contracted after the relevant disease if it was received or contracted after that date. |
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Exception from requirements as to notice. | ||||||||||||||||||||||||||||||||||
18. Article 11 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 (which relates to the giving of notice of accidents in respect of which benefit may be payable) shall not apply in relation to prescribed diseases. |
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Provisions as to medical examination. | ||||||||||||||||||||||||||||||||||
19.--(1) The provisions of section 31 of the Act, which relate to the disqualifications for injury benefit or disablement benefit and suspension of proceedings where claimants or beneficiaries fail without good cause to submit themselves to medical examination for the purpose of determining the effect of the relevant accident, shall apply also to medical examinations for the purpose of determining whether a claimant or beneficiary is suffering or has suffered from a prescribed disease, and article 18 of the Occupational Injuries Regulations shall, subject to the following sub-article, be construed accordingly. |
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(2) Paragraph (b) of sub-article (4) of the said article 18 (which relates to the giving of notice to the registered medical practitioner in attendance on the person required to submit himself for examination in respect of his claim or entitlement to injury benefit or disablement benefit) shall not apply in relation to prescribed diseases. |
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PART V. SPECIAL PROVISIONS AS TO PNEUMOCONIOSIS AND BYSSINOSIS. |
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Injury benefit not payable. | ||||||||||||||||||||||||||||||||||
20. Injury benefit shall not be payable in respect of pneumoconiosis or byssinosis and accordingly the provisions of article 16 of these Regulations shall apply to every claim for disablement benefit in respect of either of those diseases. |
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Special conditions for disablement benefit. | ||||||||||||||||||||||||||||||||||
21.--(1) No disablement gratuity shall be payable in respect of pneumoconiosis or byssinosis but if in any case the extent of disablement is such that, when assessed in accordance with section 9 of the Act (which section relates to disablement benefit), it amounts to less than twenty per cent., the beneficiary shall, subject to sub-articles (2) and (3) of this article, be entitled to a disablement pension for the period taken into account by the assessment, payable at the weekly rate specified in the third column of the Second Schedule to the Social Welfare (Occupational Injuries) Regulations, 1967, as appropriate to the degree of disablement assessed in his case : |
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Provided that where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. |
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(2) Disablement benefit shall not be payable in respect of byssinosis unless the claimant is found to be suffering as the result thereof from loss of faculty which is likely to be permanent. |
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(3) The period to be taken into account by an assessment of the extent of the claimant's disablement in respect of byssinosis, if not limited by reference to the claimant's life, shall not be less than one year. |
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Effects of tuberculosis. | ||||||||||||||||||||||||||||||||||
22. Where any person is found to be suffering from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis shall be treated for the purposes of section 23 of the Act and of these Regulations as if they were effects of the pneumoconiosis. |
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SCHEDULE. |
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PART I. |
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Description of each prescribed disease or injury, other than pneumoconiosis and byssinosis, and nature of employment in respect of which it is prescribed. |
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PART II. |
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LIST OF OCCUPATIONS IN RESPECT OF WHICH PNEUMOCONIOSIS IS PRESCRIBED. |
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1. Any occupation involving-- |
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(a) the mining, quarrying or working of silica rock or the working of dried quartzose sand or any dry deposit or dry residue of silica or any dry admixture containing such materials (including any occupation in which any of the aforesaid operations are carried out incidentally to the mining or quarrying of other minerals or to the manufacture of articles containing crushed or ground silica rock); |
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(b) the handling of any of the materials specified in the foregoing subparagraph in or incidental to any of the operations mentioned therein, or substantial exposure to the dust arising from such operations. |
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2. Any occupation involving the breaking, crushing, or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint, or substantial exposure to the dust arising from any of such operations. |
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3. Any occupation involving sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint, or substantial exposure to the dust arising from such sand blasting. |
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4. Any occupation involving work in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations :-- |
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(a) the freeing of steel castings from adherent siliceous substance; |
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(b) the freeing of metal castings from adherent siliceous substance-- |
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(i) by blasting with an abrasive propelled by compressed air, by steam or by a wheel; or |
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(ii) by the use of power-driven tools. |
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5. Any occupation in or incidental to the manufacture of china or earthenware (including sanitary earthenware, electrical earthenware and earthenware tiles), and any occupation involving substantial exposure to the dust arising therefrom. |
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6. Any occupation involving the grinding of mineral graphite, or substantial exposure to the dust arising from such grinding. |
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7. Any occupation involving the dressing of granite or any igneous rock by masons or the crushing of such materials, or substantial exposure to the dust arising from such operations. |
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8. Any occupation involving the use, or preparation for use, of a grindstone, or substantial exposure to the dust arising therefrom. |
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9. Any occupation involving-- |
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(a) the working or handling of asbestos or any admixture of asbestos; |
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(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; |
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(c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; |
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(d) substantial exposure to the dust arising from any of the foregoing operations. |
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10. Any occupation involving-- |
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(a) work underground in any mine in which one of the objects of the mining operations is the getting of any mineral; |
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(b) the working or handling above ground at any coal or tin mine of any minerals extracted therefrom, or any operation incidental thereto; |
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(c) the trimming of coal in any ship, barge, or lighter, or in any dock or harbour or at any wharf or quay; |
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(d) the sawing, splitting or dressing of slate, or any operation incidental thereto. |
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11. Any occupation in or incidental to the manufacture of carbon electrodes by an industrial undertaking for use in the electrolytic extraction of aluminium from aluminium oxide, and any occupation involving substantial exposure to the dust arising therefrom. |
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12. Any occupation involving boiler scaling or substantial exposure to dust arising therefrom. |
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GIVEN under my Official Seal, this 24th day of April, 1967. |
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JOSEPH BRENNAN, |
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Minister for Social Welfare. |
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EXPLANATORY NOTE. |
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These Regulations provide for the application of the Social Welfare (Occupational Injuries) Act, 1966 , to prescribed diseases and injuries not caused by accident. |
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The matters dealt with are listed in the Arrangement of Articles at the commencement of the Regulations and the diseases prescribed are described in the Schedule thereto. |
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