S.I. No. 697 of 2003

PUBLISHED BY THE STATIONERY OFFICE DUBLIN

S.I. No. 697 of 2003

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( section 37 of the Social Welfare Act, 2001 ( Social Welfare Act, 1994 (( No. 4 of 1994 )) and 57 (as amended by section 19 of the Social Welfare Act, 2001 ) of the Social Welfare (Consolidation) Act, 1993 ( No. 27 of 1993 ), hereby makes the following Regulations:

Citation.

1.   (1)  These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) Regulations, 2003.

Commencement.

2.   These Regulations come into operation --

(a)    in so far as they relate to injury benefit and disablement gratuity on 29 December 2003, and

(b)    in so far as they relate to disablement pension on 2 January 2004.

Definitions.

3.   In these Regulations, “the Regulations of 2002” means the Social Welfare (Occupational Injuries) (Amendment) Regulations, 2002 ( S.I. No. 628 of 2002 ).

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 2002) 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 2 January 2004 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 29 December 2003, and

(b)    the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2002) 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

”.

SCHEDULE B

“FOURTH SCHEDULE

PART I

Articles 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, 2003 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 29 December 2003,

-     in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 2 January 2004, and

-     in respect of Injury Benefit payable to persons under the age of sixteen with effect from 29 December 2003.