I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 2 , 3 , 31 and 48 of the Social Welfare Act, 1952 (No. 11 of 1952), and by sections 1 , 8 , 9 , 13 , 14 , 15 , 23 , 24 , 26 , 31 , 32 and 33 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :--

Citation.

1.--(1) These Regulations may be cited as the Social Welfare (Occupational Injuries) Regulations, 1967.

(2) Article 22 of these Regulations and the Social Welfare (General Benefit) Regulations, 1953 to 1963, may be cited together as the Social Welfare (General Benefit) Regulations, 1953 to 1967.

Commencement.

2. These Regulations shall come into operation on the 1st day of May, 1967.

Interpretation.

3.--(1) In these Regulations--

"the Act" means the Social Welfare (Occupational Injuries) Act, 1966 ;

"the Act of 1952" means the Social Welfare Act, 1952 ;

" the Acts " means the Social Welfare Acts, 1952 to 1966.

(2) References in these Regulations to any enactment or regulations shall include a reference to such enactment or regulations as amended or extended by any subsequent enactment, order or regulations.

Injury benefit payable to persons under the age of sixteen years.

4.--(1) Subject to the following provisions of this article, a person under the age of sixteen years shall be entitled to injury benefit in accordance with the provisions of subsections (1) to (4) of section 8 of the Act.

(2) The weekly rate of injury benefit in the case of any such person shall, subject to the provisions of section 25 of the Act, be--

(a) 77 shillings and 6 pence where the relevant employment or (if more than one) the relevant employments was, or amounted in the aggregate to, full time employment or substantially full time employment ;

(b) 20 shillings in any other case ;

and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to receive the benefit on behalf of such person.

(3) In the last foregoing subarticle, " relevant employment " means any employment in which the person under the age of sixteen years was or would but for the relevant injury have been employed during the week in which as the result of the relevant injury he first became incapable of work.

Assessment of disablement and prescribed degrees of disablement.

5.--(1) Subsection (3) of section 9 of the Act shall have effect subject to the provisions of this article.

(2) Where as a result of the relevant accident the claimant has suffered an injury specified in the first column of the First Schedule hereto, then, unless the case is one to which the next following subarticle applies, the loss of faculty suffered by the claimant as a result of that injury shall be treated for the purpose of section 9 of the Act as resulting in the degree of disablement set against such injury in the second column of the said First Schedule :

Provided that where a person has suffered an injury specified in the said First Schedule which includes any other injury so specified, this subarticle shall only apply to the first-mentioned injury.

(3) Where as a result of the relevant accident the claimant has suffered an injury specified in the said First Schedule, but--

(a) as a result of that injury the claimant may be expected, having regard to his physical and mental condition at the date of the assessment in respect thereof, to be subject to greater disabilities than would normally be incurred as a result of such an injury ; or

(b) the part of the body by which the injury was sustained would not, apart from that injury, have been normal at the date of the assessment ;

the loss of faculty suffered by the claimant as a result of such injury shall be assessed by reference to the degree of disablement set against such injury in the second column of the said First Schedule subject to such adjustment as may be reasonable in the circumstances of the case.

(4) For the purpose of assessing the extent of the disablement resulting from any injury which is not specified in the said First Schedule, regard as may be appropriate may be had to the provisions of subarticle (2) or subarticle (3) of this article.

Amount of disablement gratuities.

6. Where the extent of a claimant's disablement is assessed at any of the degrees of disablement severally specified in the first column of the Second Schedule hereto, the amount of any disablement gratuity payable shall--

(a) if the period taken into account by that assessment is limited by reference to the claimant's life or is not less than seven years, be the amount specified in the second column of that Schedule as appropriate to that degree of disablement ;

(b) in any other case, be an amount which bears the same proportion to the amount so specified as the period taken into account by the assessment bears to a period of seven years, a fraction of a shilling being, for this purpose, treated as a shilling ;

Provided that, in the case of a claimant who is not a person who would, if in receipt of injury benefit, be entitled to an increase of that benefit for an adult dependant or a child or children qualified for the purposes of the Act--

(i) if, at the beginning of the period taken into account by the assessment, the claimant is a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband), the amount of any disablement gratuity payable shall be two-thirds (a fraction of a shilling being, for this purpose, treated as a shilling) of the amount determined in accordance with the foregoing provisions of this article, and

(ii) if, at the beginning of that period, the claimant, not being a married woman to whom paragraph (i) of this proviso applies, is under the age of 18 years, the amount of any disablement gratuity payable shall, where the amount falls to be determined in accordance with paragraph (b) above, be the amount as so determined reduced by one-third of the amount included therein which is appropriate to the period before the claimant attains the age of 18 years, a fraction of a shilling being disregarded for the purpose of this reduction.

Pension in lieu of disablement gratuity.

7. Where, in accordance with the provisions of paragraph (a) of subsection (9) of section 9 of the Act, a claimant opts for the substitution of a pension for a gratuity, the weekly rate of the pension shall be the amount specified in the third column of the Second Schedule hereto as appropriate to the degree of disablement assessed in his case:

Provided that where the amount of the disablement gratuity would fall to be determined under the proviso to the immediately preceding article, the weekly rate of the pension as so specified shall be reduced, in the case of a married woman or a beneficiary who has not attained the age of 18 years, by one third, a fraction of a penny being disregarded for the purpose of this reduction.

Weekly value of gratuity for purposes of reduction of increase of disablement benefit during approved hospital treatment.

8. For the purpose of reducing the weekly rate of a disablement pension payable by virtue of section 14 of the Act to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly value of the gratuity shall be the weekly rate of disablement pension which would be payable to that person in lieu thereof in accordance with article 7 of these Regulations if that article applied in his case.

Increase of disablement pension for constant attendance.

9. The amount by which the weekly rate of disablement pension may be increased under section 13 of the Act where constant attendance is required by a beneficiary as a result of the relevant loss of faculty shall--

(a) where the beneficiary (not being a case to which paragraph (b) of this article relates) is to a substantial extent dependent on such attendance for the necessities of life and is likely to remain so dependent for life or for a period of not less than six months, be 40 shillings (unless the attendance so required is part-time only, in which case the amount shall be 20 shillings) or, where the extent of such attendance required is greater by reason of the beneficiary's exceptionally severe disablement, 60 shillings;

(b) 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, be 80 shillings.

Adjustment of benefit for successive accidents where a disablement gratuity is payable.

10.--(1) In a case where--

(a) a person who is entitled, as a result of an accident, to a disablement pension (hereafter in this article referred to as an "existing pension") which is payable in respect of an assessment for a period which is limited by reference to that person's life, becomes as a result of any other accident subject to a loss of faculty in respect of which a disablement gratuity would, but for this article, be payable ; and

(b) the aggregate amount of the assessment in respect of the existing pension and of the assessment in respect of which such disablement gratuity would be payable would, if it were the amount of the assessment of the extent of the disablement resulting from the accident which gave rise to the existing pension, have entitled him to receive a disablement pension at a higher rate than the rate of such existing pension;

then, if, at any time before his claim for disablement benefit is determined, he so elects, that person shall be entitled to a disablement pension in lieu of the said disablement gratuity at a rate equal to the difference between the said higher rate and the rate of the existing pension.

(2) In a case in which a person who is entitled as a result of any accident to a disablement pension would but for the provisions of this subarticle become entitled in respect of any other accident to a disablement gratuity--

(a) if the assessment in respect of which such pension is payable to him amounts to not less than one hundred per cent. and the rate of such pension is not reduced by reason of section 25 of the Act, such person shall not be entitled to receive any disablement gratuity in respect of such other accident;

(b) if the rate of such pension is reduced by reason of section 25 of the Act, such person shall not be entitled to receive by way of a disablement gratuity an amount exceeding that by which the appropriate rate of pension as determined under article 7 of these Regulations would, together with the rate of the existing pension, exceed the rate of pension for 100% disablement which would be appropriate in his case if no reduction under section 25 of the Act were made;

(c) in any other case, such person shall not be entitled to receive, by way of a disablement gratuity in respect of such other accident, an amount exceeding that which would be payable in respect of an assessment equal to the difference between one hundred per cent. and the percentage of the assessment in respect of which such pension is payable to him.

(3) For the respective purposes of the two preceding subarticles of this article--

(a) references to an existing pension within the meaning of subarticle (1) of this article and to any disablement pension in subarticle (2) respectively shall include references to all such pensions which may be payable to the person concerned, and references to the amount of the assessment in respect of which, and the rate at which, any such pension is payable shall include references to the aggregate amount of the assessments in respect of which, or the aggregate of the rates at which, all such pensions are payable as aforesaid;

(b) the extent by which an assessment is increased by virtue of the provisions of section 14 of the Act shall be disregarded.

Adjustment of increase of benefit in respect of successive accidents.

11.--(1) Where a person who is entitled to a disablement pension in respect of any accident suffered by him has received, or is entitled to, a disablement gratuity in respect of loss of faculty arising from any other accident, such loss of faculty shall, for the purposes of section 12 of the Act, be treated as if it resulted from the accident in respect of which such disablement pension is payable.

(2) Where a person--

(a) would be entitled to a disablement pension in respect of any accident but for the provisions of paragraph (a) of subsection (1) of section 15 of the Act; and

(b) by reason only of those provisions is unable to satisfy the conditions for the receipt of an increase of that pension by way of unemployability supplement under section 12 of the Act;

the provisions of the said section 12 shall apply as if such disablement pension were payable to that beneficiary.

(3) At any time at which the sum total of the several assessments in respect of two or more accidents suffered by any person amounts to not less than one hundred per cent. during the continuance of the periods respectively taken into account thereby, the weekly rate of any disablement pension which is payable to him may be increased in accordance with the provisions of section 13 of the Act if he requires constant attendance as a result of the loss of faculty resulting from any one or more of such accidents, whether or not that pension is payable in respect of an assessment of one hundred per cent. or in respect of that loss of faculty.

(4) A beneficiary who has suffered two or more accidents shall not be entitled at any time to more than one of each of the following increases of benefit, that is to say--

(a) by way of unemployability supplement, under section 12 of the Act;

(b) in respect of the need of constant attendance, under section 13 of the Act;

(c) in respect of a child or children, as the case may be, qualified for the purposes of the Act, under section 11 of the Act;

(d) in respect of an adult dependent, under section 10 of the Act.

Exceptions from disqualification during penal servitude, imprisonment or detention in legal custody.

12.--(1) The disqualification imposed on a person by subsection (1) of section 31 of the Act of 1952 for receiving any occupational injuries benefit for any period during which that person is undergoing detention in legal custody, and the prohibition imposed by subsection (2) of the said section on payment of increase of that benefit in respect of a husband or wife undergoing such detention, shall not apply, subject to the provisions of the next following subarticle, in respect of any period during which such person, or such husband or wife, as the case may be (not being a criminal lunatic) is detained in any institution for the treatment of mental or infectious disease.

(2) Notwithstanding the provisions of the foregoing subarticle, subsection (1) of the said section 31 shall operate to disqualify for receiving an increase under section 11 of the Act a person who is detained in an institution for the treatment of mental disease.

(3) A person shall not be disqualified for receiving disablement benefit, other than any increase thereof, for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody:

Provided that the amount payable by virtue of this subarticle by way of any disablement pension or pensions in respect of any period, other than a period in respect of which that person is excepted from disqualification by virtue of the provisions of subarticle (1) of this article, during which that person is and has continuously been undergoing penal servitude, imprisonment or detention in legal custody shall not exceed in the aggregate the amount of 100 pounds or the total amount payable by way of such pension or all such pensions for a period of one year, whichever is the less.

(4) Subject to the provisions of subarticles (1) and (2) of this article, subsection (1) of the said section 31 shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody--

(a) for receiving disablement benefit by way of gratuity, death benefit by way of orphan's pension, widower's gratuity or funeral grant;

(b) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof), if--

(i) the detention is in respect of his being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn or he is acquitted of the offence, and

(iii) in the case of injury benefit or disablement benefit, immediately before the detention he was entitled to the said benefit or would but for the proviso to subsection (1) of section 8 or but for subsection (2) of section 9 of the Act (which relate to waiting days) have been so entitled;

(c) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(5) Subject to the provisions of subarticle (1) of this article, subsection (2) of the said section 31 shall not operate so as to prohibit payment of an increase under section 10 of the Act in respect of a husband or wife for any period during which such husband or wife is undergoing detention in legal custody if--

(a) the detention is in respect of his or her being charged with a criminal offence, and

(b) the charge is subsequently withdrawn or he or she is acquitted of the offence.

(6) (a) Notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of subsection (1) of the said section 31 for receiving injury benefit or disablement pension which includes an increase under section 10 or section 11 of the Act, or death benefit which includes an increase under section 19 of the Act, the increase shall be paid to any person appointed for the purpose by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister and to the Occupational Injuries Fund for any sum so paid.

(b) In the case of injury benefit or disablement pension, the provisions of the foregoing paragraph shall not apply unless the said person is a person detained in an institution for the treatment of mental disease or is a person who was entitled to such benefit or pension immediately before the commencement of any such period, or would but for the proviso to subsection (1) of section 8 or but for subsection (2) of section 9 of the Act have been so entitled.

(c) For the purposes of this subarticle, the amount of any increase or increases under section 10 or section 11 of the Act shall, in a case in which injury benefit or disablement pension is reduced by the operation of section 25 of the Act, be the amount of the increase or increases which would be payable but for such reduction subject to a limit of the amount of the benefit or pension.

(7) In this article, "criminal lunatic" means a person who, in pursuance of an Order of the Minister for Justice, is removed to and detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945), or the Central Mental Hospital, Dundrum.

Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody.

13.--(1) Subject to the provisions of subarticles (1) and (6) of article 12 and of subarticle (2) of this article, the payment to any person of any occupational injuries benefit or increase of that benefit--

(a) which is excepted from the operation of subsection (1) or subsection (2) of section 31 of the Act of 1952 by virtue of the provisions of article 12, or

(b) which is payable otherwise than in respect of a period during which he is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Injury benefit, disablement benefit or death benefit to which the foregoing subarticle applies may nevertheless be paid during any such period to any person appointed for the purpose by the Minister to receive and deal with any sums payable on behalf of the beneficiary on account of that benefit, and the receipt of any person so appointed shall be a good discharge to the Minister and to the Occupational Injuries Fund for any sum so paid.

(3) Where by virtue of subarticle (1) of this article payment of disablement pension or death benefit by way of pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 12 of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) (which relates to the extinguishment of the right to any sum payable by way of pension which is not obtained within the prescribed time).

Provisions relating to continuous medical treatment as an in-patient.

14. A person who receives medical treatment as an in-patient for two or more distinct periods separated by an interval of less than a week in each case shall be treated as receiving such treatment continuously from the beginning of the first period until the end of the last for the purposes of occupational injuries benefit.

Provisions as to incapacity for work.

15.--(1) A person, having suffered an occupational accident, who, apart from the provisions of this subarticle, would not be treated as incapable of work as a result thereof, shall, for the purposes of the Act, be so treated in respect of any day on which, as a result of that accident, he satisfies the conditions specified in article 6 of the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ).

(2) Subject to the provisions of subsection (2) of section 8 of the Act, a day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if an insured person--

(i) fails to prove to the satisfaction of the Minister in respect of that day that he is incapable of work, or

(ii) does any work on that day other than work of the nature specified in rule 5 of the Third Schedule hereto.

(3) A day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if it is a day in respect of which a person has not claimed, or is disqualified for receiving, injury benefit:

Provided that the fact that a day has not been so treated as a day of incapacity for work shall be disregarded for the purpose of subsection (2) of section 9 of the Act.

Night workers.

16.--(1) The provisions of this article shall apply in relation to night workers for the purposes of occupational injuries benefit.

(2) Subject to the provisions of the next following subarticle, where a period of employment begun on any day extends over midnight into the following day, the person employed shall, in respect of such period--

(i) be treated as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and, in that case, the first day shall not be treated as a day of incapacity for work; or

(ii) be treated as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employments before and after midnight are of equal duration, and, in either of these cases, the second day shall not be treated as a day of incapacity for work.

(3) Where a person--

(a) suffers an occupational accident during any such period of employment as is referred to in the preceding subarticle; and

(b) is thereby immediately rendered incapable of work;

the provisions of that subarticle shall apply, subject to the following qualifications:--

(i) if the period of employment before midnight would, apart from the onset of the incapacity, have been of longer duration than that after midnight, the first of the two days shall be treated as the day of the accident and the person employed shall in respect of such period be treated as employed on that day only; and

(ii) nothing in the said subarticle shall be taken as preventing the day of the accident or the day which is to be treated as the day of the accident from being treated as a day of incapacity for work.

(4) Where a person--

(a) is by virtue of any of the foregoing provisions of this article to be treated as having been employed on one day only of two days; and

(b) throughout that part of the other of those two days during which that person is not employed, is, or is treated in accordance with regulations as, incapable of work as a result of an occupational accident;

that person shall be treated as being so incapable of work throughout that other of those two days.

(5) Where a person--

(a) is, by virtue of the provisions of paragraph (ii) of subarticle (2) of this article, to be treated as having been employed on the second day only of two days; and

(b) throughout the day immediately preceding the first of those two days, is, or is treated in accordance with regulations as, incapable of work as a result of an occupational accident;

that person shall be treated as being so incapable of work throughout the first of those two days.

Application of Articles 15 and 16 to prescribed disease cases.

17.--(1) Save as provided in the following subarticles of this article, article 15 and article 16 shall apply to a person who has contracted or sustained a disease or injury against which he was insured under section 23 of the Act (hereinafter in this article referred to as a prescribed disease case) as they apply to a person who has suffered an occupational accident, and the references to an occupational accident in article 15 shall be construed accordingly.

S.I. No. 78 of 1967 .

(2) In considering the application to a prescribed disease case of article 16 of the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1967, (cases where disablement benefit is not preceded by injury benefit), the provisions of subarticle (3) of article 15 shall be disregarded.

(3) Subarticle (3) of article 16 shall not apply in a prescribed disease case.

Disqualifications for injury benefit or disablement benefit.

18.--(1) A person shall be disqualified for receiving injury benefit or disablement benefit (including any increase thereof) for such period not exceeding six weeks as may be determined under the provisions of the Acts if he fails without good cause--

(a) to attend for, or to submit himself to, medical examination in accordance with subarticle (4) of this article;

(b) to submit himself to such medical treatment for the injury or loss of faculty as a result of which injury benefit or disablement benefit is claimed by or is payable to him, as is considered appropriate in his case by the registered medical practitioner in charge of the case or by a registered medical practitioner to whose examination he has submitted himself in accordance with the provisions of this article (provided that he shall not be disqualified for receiving injury benefit or disablement benefit for refusal to undergo a surgical operation not being one of a minor character).

(2) A person shall be disqualified for receiving injury benefit or an increase of disablement benefit by way of unemployability supplement for such period not exceeding six weeks as may be determined under the Acts if he fails without good cause to observe any of the rules of behaviour specified in the Third Schedule hereto.

(3) In any case to which subarticle (1) or subarticle (2) of this article relates, proceedings on the claim for or the payment of injury benefit, disablement benefit, or an increase of disablement benefit by way of unemployability supplement, as the case may be, may be suspended for such period as may be determined under the provisions of the Act.

(4) (a) The Minister may, on giving not less than three clear days' notice in writing, require any person who claims or is entitled to injury benefit or disablement benefit to submit himself to medical examination at such time and place as may be specified in the notice.

(b) Notice of the time and place of the examination referred to in the foregoing paragraph, where such examination is of a person claiming or entitled to benefit (injury benefit or an increase of disablement benefit) in respect of incapacity for work, shall also be sent to the registered medical practitioner in attendance on the person required to submit himself to such examination.

(c) Any reasonable and necessary travelling and other expenses (including, in the case of a person claiming or entitled to disablement benefit or an increase thereof, compensation for loss of remunerative time) incurred by a person in attending for, or submitting himself to, examination under paragraph (a) of this subarticle shall be paid by the Minister, who shall determine in any particular case what is a reasonable and necessary amount of expenses.

(5) The Minister may exempt a person from the operation of rule 5 or rule 6 of the rules in the Third Schedule hereto for such period as he may think fit where the work is part time and by way of rehabilitation or occupational therapy or where the person has become incapable of following his usual occupation and is undergoing a course of training with a view to fitting himself to take up some other occupation.

Payment by way of unemployability supplement to persons in receipt of workmen's compensation.

19.--(1) A person who--

(a) is or has been on or after the 1st day of October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts; and

(b) as the result of that injury or disease could, for the purposes of section 12 of the Act, be treated as being incapable of work and likely to remain permanently so incapable;

shall have the like right to payments under the Act by way of unemployability supplement, together with the like right to payments under the Act in respect of an adult or child dependant, as if the injury or disease were one in respect of which a disablement pension were for the time being payable.

(2) A person shall not be entitled--

(a) at any time to payment in accordance with the provisions of this article in respect of more than one injury or disease;

(b) to a payment in accordance with the provisions of this article during any period for which he is entitled to an increase of disablement pension by way of unemployability supplement under section 12 of the Act.

Payment by way of increase in respect of constant attendance to persons in receipt of workmen's compensation.

20.--(1) A person who--

(a) is or has been on or after the 1st day of October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts; and

(b) as the result of that injury or disease--

(i) is subject to disabilities which are such that, if they had resulted from an accident against which he had been insured under the Act, the extent of the resulting disablement would be assessed at one hundred per cent.; and

(ii) requires constant attendance;

shall have the like right to payments in respect of the need of such constant attendance as if the said injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of one hundred per cent.

(2) References in this article to an injury or disease in respect of which a person is or has been entitled as aforesaid to weekly payments by way of compensation shall be construed as including every such injury or disease in respect of which he is so entitled, and references in this article to the disabilities resulting from an injury or disease and the extent of the resulting disablement shall be construed accordingly.

Application of the provisions of the Acts and regulations.

21.--(1) Subject to the provisions of the two last preceding articles, the provisions of the Acts and the regulations for the time being in force thereunder relating to benefit and to the making of claims and payments and the determination of claims and questions in so far as those provisions apply in relation to unemployability supplement or to an increase of a disablement pension in respect of the need of constant attendance, or in respect of a child or adult dependant shall apply in relation to any payment under any of the two last preceding articles as if such payment were an unemployability supplement under section 12 of the Act or an increase of a disablement pension in respect of the need of constant attendance under section 13 of the Act, or in respect of an adult or child dependant under Section 10 or 11 of the act, as the case may be.

(2) The provisions of sections 29, 33, 47 and 51 of the Act of 1952 shall apply in relation to payments under section 26 of the Act in like manner as they apply in relation to benefit.

Provisions relating to the Social Welfare (General Benefit) Regulations, 1953.

22.--(1) Articles 5 and 6 of the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ), shall not apply in relation to occupational injuries benefit.

(2) The references in subarticle (1) of article 10 of the Social Welfare (General Benefit) Regulations, 1953, to the Social Insurance Fund and the Fund shall, where the benefit repayable is occupational injuries benefit, be construed as referring to the Occupational Injuries Fund.

(3) Subarticle (2) of article 10 of the Social Welfare (General Benefit) Regulations, 1953 is hereby amended by--

(a) the insertion in paragraph (a) after the words "maternity benefit," of the words "death benefit by way of orphan's pension,"; and

(b) the insertion in paragraph (b) after the words "orphan's (contributory) allowance", in both places where those words occur, of the words "or death benefit by way of orphan's pension".

FIRST SCHEDULE

Article 5.

PRESCRIBED DEGREES OF DISABLEMENT.

Description of Injury	Degree of Disablement Per cent.
1. Loss of both hands or amputation at higher sites	100
2. Loss of a hand and a foot	100
3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot	100
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential	100
5. Very severe facial disfigurement	100
6. Absolute deafness	100
7. Forequarter or hindquarter amputation	100
Amputation Cases--Upper Limbs (either arm)
8. Amputation through shoulder joint	90
9. Amputation below shoulder with stump less than 8 inches from tip of acromion	80
10. Amputation from 8 inches from tip of acromion to less than 4½ inches below tip of olecranon	70
11. Loss of a hand or of the thumb and four fingers of one hand or amputation from 4½ inches below tip of olecranon	60
12. Loss of thumb	30

Description of Injury	Degree of Disablement Per cent.
13. Loss of thumb and its metacarpal bone	40
14. Loss of four fingers of one hand	50
15. Loss of three fingers of one hand	30
16. Loss of two fingers of one hand	20
17. Loss of terminal phalanx of thumb	20
Amputation Cases--Lower Limbs
18. Amputation of both feet resulting in end-bearing stumps	90
19. Amputation through both feet proximal to the metatarsophalangeal joint	80
20. Loss of all toes of both feet through the metatarso-phalangeal joint	40
21. Loss of all toes of both feet proximal to the proximal interphalangeal joint	30
22. Loss of all toes of both feet distal to the proximal inter-phalangeal joint	20
23. Amputation at hip	90
24. Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trochanter	80
25. Amputation below hip and above knee with stump exceeding 5 inches in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump	70
26. Amputation at knee resulting in end-bearing stump or below knee with stump not exceeding 3½ inches	60
27. Amputation below knee with stump exceeding 3½ inches but not exceeding 5 inches.	50
28. Amputation below knee with stump exceeding 5 inches	40
29. Amputation of one foot resulting in end-bearing stump	30
30. Amputation through one foot proximal to the metatarsophalangeal joint	30
31. Loss of all toes of one foot through the metatarso-phalangeal joint	20
Other Injuries
32. Loss of one eye, without complications, the other being normal	40
33. Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal	30
Loss of
A. Fingers of right or left hand
Index finger--
34. Whole	14
35. Two phalanges	11
36. One phalanx	9
37. Guillotine amputation of tip without loss of bone	5
Middle finger--
38. Whole	12
39. Two phalanges	9
40. One phalanx	7
41. Guillotine amputation of tip without loss of bone	4
Ring or little finger--
42. Whole	7
43. Two phalanges	6
44. One phalanx	5

Description of Injury	Degree of Disablement Per cent.
45. Guillotine amputation of tip without loss of bone	2
B. Toes of right or left foot
Great toe--
46. Through metatarso-phalangeal joint	14
47. Part, with some loss of bone	3
Any other toe--
48. Through metatarso-phalangeal joint	3
49. Part, with some loss of bone	1
Two toes of one foot, excluding great toe--
50. Through metatarso-phalangeal joint	5
51. Part, with some loss of bone	2
Three toes of one-foot, excluding great toe--
52. Through metatarso-phalangeal joint	6
53. Part, with some loss of bone	3
Four toes of one foot, excluding great toe--
54. Through metatarso-phalangeal joint	9
55. Part, with some loss of bone	3

SECOND SCHEDULE

Articles 6 and 7.

SCALE OF DISABLEMENT GRATUITIES AND OF WEEKLY RATES OF PENSION IN LIEU OF DISABLEMENT GRATUITIES

Degree of Disablement	Amount of Gratuity	Weekly rate of Pension
1 per cent	£38	1s.	2d.
2 " "	£57	2s.	4d.
3 " "	£76	3s.	6d.
4 " "	£95	4s.	8d.
5 " "	£114	5s.	9d.
6 " "	£133	6s.	11d.
7 " "	£152	8s.	1d.
8 " "	£171	9s.	3d.
9 " "	£190	10s.	5d.
10 " "	£209	11s.	6d.
11 " "	£228	12s.	8d.
12 " "	£247	13s.	10d.
13 " "	£266;	15s.	0d.
14 " "	£285	16s.	2d.
15 " "	£304	17s.	3d.
16 " "	£323	18s.	5d.
17 " "	£342	19s.	7d.
18 " "	£361	20s.	9d.
19 " "	£380	21s.	11d.

THIRD SCHEDULE

Articles 15 and 18.

RULES OF BEHAVIOUR FOR A PERSON CLAIMING OR IN RECEIPT OF INJURY BENEFIT OR AN INCREASE OF DISABLEMENT PENSION BY WAY OF UNEMPLOYABILITY SUPPLEMENT.

1. He shall obey the instructions of the doctor in attendance and answer any reasonable enquiries by the Minister or his officers relating to his claim.

2. He shall refrain from behaviour which is likely to retard his recovery.

3. If he absents himself from his place of residence he shall leave word as to where he may be found.

4. He shall not refuse unreasonably to see the Minister's sickness visitor (provided, however, that women shall not be visited otherwise than by women).

5. In the case of a person claiming or in receipt of injury benefit, he shall do no work unless it be--

(a) light work for which no remuneration is, or would ordinarily be, payable, or

(b) work undertaken primarily as a definite part of his treatment while he is a patient in or of a hospital, sanatorium, or other similar institution and his earnings in respect of that work do not, on the average, exceed sixty shillings a week, or

(c) work of the kind referred to in paragraph 7 of Part I of the First Schedule to the Act of 1952 under a scheme that is, in the opinion of the Minister, charitable in character and purpose, and his earnings in respect of that work do not, on the average, exceed sixty shillings a week.

6. In the case of a person claiming or in receipt of an increase of disablement pension by way of unemployability supplement, he shall do no work unless it be work in respect of which his earnings do not, on the average, exceed forty shillings a week.

GIVEN under my Official Seal, this 24th day of April, 1967.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations are principally concerned with the conditions for the receipt of benefit under the Social Welfare (Occupational Injuries) Act, 1966 , and the rate or amount of benefit payable in certain cases by way of such benefit.

They specify the conditions under which injury benefit may be paid to persons under 16 years of age; the rules (supplementary to those contained in section 9 (3) of the Act) to be followed in assessing degrees of disablement, including prescribed degrees of disablement for specified injuries; the amount of disablement gratuities which are appropriate to degrees of disablement below 20% and the weekly rate of pension which may be substituted for each such gratuity where, in accordance with section 9 (9) of the Act, the claimant has the right to opt for such pension--these weekly rates of pension are applied also for the purposes of reducing a disablement pension payable to a recipient of a gratuity who later receives approved hospital treatment; the rates of constant attendance allowance and the conditions therefor.

The regulations also include provision for adjustments of benefit in respect of successive accidents, exception from disqualification for periods of penal servitude, imprisonment, or detention in legal custody and suspension of benefit during such periods. Miscellaneous provisions relating to hospital treatment, incapacity for work and night workers, are also included.

Further matters dealt with are the disqualification or suspension of benefit for failure to submit to medical examination or treatment or to observe prescribed rules of behaviour, the conditions for payment of unemployability supplement, together with increases for dependants, and constant attendance allowance to recipients of Workmen's Comsation, and the application of certain provisions of the Social Welfare (General Benefit) Regulations, 1953, to occupational injuries benefit.

The Regulations also include provision (article 21 (2)) to apply in relation to payments of the cost of medical care under the Social Welfare (Occupational Injuries) Act, 1966 , certain provisions of the Social Welfare Act, 1952 , relating to benefit and to making of claims.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Social Welfare (Occupational Injuries) Regulations, S.I. No. 77/1967 URL: http://www.bailii.org/ie/legis/num_reg/1967/0077.html

Irish Statutory Instruments

S.I. No. 77/1967 -- Social Welfare (Occupational Injuries) Regulations, 1967.