S.I. No. 235/1997 -- Social Welfare (Occupational Injuries) (Amendment) Regulations, 1997

S.I. No. 235/1997 -- Social Welfare (Occupational Injuries) (Amendment) Regulations, 1997 1997 235

S.I. No. 235/1997:

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 1997

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4, 54 and 57 (as amended by section 39 of the Social Welfare Act, 1996 (No. 7 of 1996)), of 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, 1997.

Definition

2. In these Regulations, "the Regulations of 1996" means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1996 ( S.I. No. 171 of 1996 ).

Commencement

3. These Regulations shall come into operation on the 9th day of June, 1997.

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 1996) of the Schedule set out in Schedule A to these Regulations, subject in respect of the Scale set out in the said Second Schedule (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 the 9th day of June, 1997 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 the 9th day of June, 1997,

( b ) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 1996) of the Schedule set out in Schedule B to these Regulations.

Articles 6 and 7.

SCHEDULE A

"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	638	0.91
2	957	1.82
3	1,276	2.74
4	1,595	3.65
5	1,914	4.56
6	2,233	5.47
7	2,552	6.38
8	2,871	7.30
9	3,190	8.21
10	3,509	9.12
11	3,828	10.03
12	4,147	10.94
13	4,466	11.86
14	4,785	12.77
15	5,104	13.68
16	5,423	14.59
17	5,742	15.50
18	6,061	16.42
19	6,380	17.33

Article 4.

SCHEDULE B

"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 employment were, or amounted in the aggregate to, full-time employment or substantially full-time employment

(b) In any other case

67.50

32.40

Article 9.

PART II

Increases of Disablement Pension where the beneficiary requires constant attendance

(1)	Weekly rate (2)
	Degree of Disablement
	100%	90%	80%	70%	60%	50%
	£	£	£	£	£	£
( a ) Increase where the beneficiary (not being a person Included in (b) or (c) Following) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so for a period of not less than six months-
(i) Where the attendance required is full-time	38.80	35.00	31.00	27.00	23.50	19.50
(ii) Where the attendance required is part-time only	19.50	17.50	15.50	13.50	11.50	10.00
( b ) Increase where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement	58.00	52.20	46.50	40.50	35.00	29.00
( c ) Increase where the beneficiary is so exceptionally severely disabled as to be entirely or almost entirely dependent on such attendance for the necessities of life and is likely to remain so for life or for a period of not less than six months and the attendance so required is whole-time	74.60

GIVEN under the Official Seal of the Minister for Social Welfare, this 16th day of May, 1997.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1997 provided for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the 1997 Budget. These Regulations provide for increases in the reduced rates of the following Occupational Injuries benefits from the 9th of June, 1997--

-- in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19 per cent. or under,

-- in respect of Disablement Pension payable in lieu of such gratuities,

-- in respect of Injury Benefit payable to persons under the age of sixteen, and

-- in respect of certain Constant Attendance Allowances.

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S.I. No. 235/1997 -- Social Welfare (Occupational Injuries) (Amendment) Regulations, 1997