S.I. No. 183 of 2005

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) (AMENDMENT) REGULATIONS 2005

S.I. No. 183 of 2005

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) (AMENDMENT) REGULATIONS 2005

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( section 20 of the Social Welfare Act, 1994 (No. 4 of 1994)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following regulations:

Citation and construction.

1.   (1)   These Regulations may be cited as the Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 2005.

(2)   These Regulations and the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1983 to 2003 shall be construed together as one and may be cited as the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1983 to 2005.

Definitions.

2.   In these Regulations “the Principal Regulations” means the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1983 (S.I. 392 of 1983)).

Individual Proof.

3.   The Principal Regulations are amended by the insertion after article 4 of the following article:

“Individual proof.

4A.  (1)  Notwithstanding article 6, where an insured person has developed a disease, other than occupational deafness, which is prescribed in relation to that person in Part I or Part II of the Schedule, that disease may, subject to the agreement of the Minister, and sub-article (2), be regarded as being due to the nature of that person's insurable (occupational injuries) employment where such employment is not prescribed in Part I or Part II of the Schedule.

(2)  A claimant shall, for the purposes of establishing whether a disease prescribed in Part I or Part II of the Schedule has been due to the nature of that person's insurable (occupational injuries) employment, provide and furnish evidence, including medical reports, documentation and such information, as may be requested by the Minister.”.

EXPLANATORY NOTE

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

These regulations provide for the introduction of an Individual Proof system for the Occupational Injuries Benefit scheme.

Hitherto, a person suffering from an occupational disease was not entitled to occupational injuries benefit if:

(i)  the disease was not prescribed, or

(ii)  the disease was prescribed but the person was not working in an occupation prescribed in respect of that disease.

Under these regulations insured persons can claim benefit under the occupational injuries benefit scheme where they have developed a prescribed disease (other than deafness) from an occupation that is not prescribed in respect of that disease, and can furnish evidence, as requested, that they developed the disease from their occupation.