S.I. No. 81/1967:

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) (AMENDMENT) REGULATIONS, 1967.

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) (AMENDMENT) REGULATIONS, 1967.

ARRANGEMENT OF ARTICLES.

Article.

1. Citation.

2. Commencement.

3. Interpretation.

4. Amendment to article 3 of the Principal Regulations.

5. Amendments (to article 4) in relation to seamen and others employed on ships.

6. Insertion of two articles (4A and 4B) relating to

(a) pilots on ships,

(b) aircraft crews and others on board,

(c) persons temporarily employed outside the State.

7. Civil Servants.

S.I. No. 81 of 1967.

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) (AMENDMENT) REGULATIONS, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3, 12, 13 and 31 and paragraph (a) of subsection (2) of section 47 of the Social Welfare Act, 1952 (No. 11 of 1952) and by subsection (7) of section 1, subsection (10) of section 3 and section 6 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :--

1. (1) These Regulations may be cited as the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1967.

(2) The Social Welfare (Modifications of Insurance) Regulations, 1956 to 1964, and these Regulations may be cited together as the Social Welfare (Modifications of Insurance) Regulations, 1956 to 1967.

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

3. In these Regulations " the Principal Regulations " means the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 ).

4. Article 3 of the Principal Regulations shall be amended by the insertion therein after the definition of " the Act " of the following definitions :--

" ' the Act of 1966 ' means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);

' prescribed disease ' means a disease or injury prescribed for the purposes of section 23 of the Act of 1966;".

5. Article 4 of the Principal Regulations shall be amended by--

(a) the insertion after sub-article (1) of the following sub-article : --

" (1A) This article applies also to persons in the employment specified in subparagraph (ii) of paragraph (a) of subsection (2) of section 3 of the Act of 1966, where such employment is on board a ship."

(b) the deletion of paragraph (b) of sub-article (2) and the substitution therefor of the following paragraph--

"(b) Where a person to whom this article applies by virtue of sub-article (1) is employed on a foreign-going ship or a ship engaged in regular trade on foreign stations--

(i) the employer's contribution shall be one shilling and two pence less in the case of a male employed contributor and one shilling less in the case of a female employed contributor than the appropriate employer's contribution payable under the Acts, save where the employed contributor is an employed contributor by virtue only of subsection (1) of section 36 of the Act of 1966 in which case the employer's contribution shall be 2d. less in each case,

(ii) of the total employer's contribution payable into the Social Insurance Fund, one shilling and elevenpence in the case of a male employed contributor and one shilling and fourpence in the case of a female employed contributor shall be paid out of that Fund to the current account of the Occupational Injuries Fund, and

(iii) every four employment contributions paid for any contribution year by or in respect of any person while so employed, excluding any contribution paid in respect of a person who is an employed contributor by virtue only of subsection (1) of section 36 of the Act of 1966, shall be treated as five such contributions for the purpose of determining whether the contribution conditions for benefit are satisfied as respects the number of contributions paid or credited for a contribution year."

(c) the addition after paragraph (e) of sub-article (2) of the following paragraphs--

"(f) Occupational injuries benefit shall be payable, subject to and in accordance with the Acts, in respect of an accident arising out of and in the course of, or a prescribed disease due to the nature of, the insurable (occupational injuries) employment of a person to whom this article applies notwithstanding that the accident happens or the disease is contracted while such person is outside the State.

(g) The provisions of the Act of 1966 shall, in their application to a person to whom this article applies by virtue of employment as master or a member of the crew of any ship or vessel, have effect subject to the following modifications : --

(i) Where such person, having been left at a port, which is not a proper return port within the meaning of section 45 of the Merchant Shipping Act, 1906, on account of illness, injury, risk of infection or loss of or damage to the ship or vessel in which he was employed, subsequently returns to a proper return port at the expense of the employer in whose service he was up to the time of being so left, an accident happening to him while so returning shall, notwithstanding that during that time he renders no services and receives no wages, be deemed to arise out of and in the course of his employment as such person if it would have been deemed so to have arisen had the return journey been undertaken in pursuance of an obligation under his contract of service with the employer aforesaid.

(ii) In subsection (4) of section 4 of the Act of 1966--

(a) the expression " place of work " shall include the ship or vessel in the service of which such person is employed;

(b) paragraph (b) of the said subsection (4) shall not apply in the case of such person who, with the express or implied permission of his employer, is travelling to or from such ship or vessel as aforesaid in any other ship or vessel.

(iii) In addition to the provisions of subsection (5) of section 4 of the Act of 1966, an accident happening to such person in or about a ship or vessel on board which he is for the time being employed shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps in an actual or supposed emergency on or in connection with any ship or vessel to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

(iv) Where the owner of a ship or vessel is, under the Merchant Shipping Acts, 1894 to 1966, or otherwise, liable in respect of such person who is suffering from any disease or disablement to defray the expense of the necessary surgical and medical advice and attendance and medicine and of his maintenance for any period but is not liable for part of such period to pay wages to such person, then such person shall not be disqualified by reason of absence from the State for receiving injury benefit in respect of such part of such period.

(h) A person to whom this article applies by virtue of sub-article (1A) shall not be disqualified for receiving injury benefit by reason of absence from the State.

(i) A person to whom this article applies shall not be disqualified for receiving disablement benefit (other than any increase of that benefit) by reason of absence from the State.

(j) Payment of injury benefit or of disablement benefit to a person in respect of an accident happening or a disease contracted while such person is outside the State shall not be made until such person returns to the State unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made payment may be made for such period and to such other person as the Minister thinks fit.

(k) The requirements of any regulations made under subsection (1) of section 27 of the Act of 1966 shall be deemed to be satisfied in the case of a person to whom this article applies if notice in accordance with the provisions of such regulations is given to the master of the ship or vessel in which that person is, for the time being, employed, or to any other officer of such ship or vessel with authority to receive such notice.

(l) As regards any accident reported under the provisions of the last foregoing paragraph, the master of the ship or vessel shall, subject to the provisions of paragraph (n) of this article, comply with the requirements of any regulations made under section 28 of the Act of 1966 as to the investigation and recording of the circumstances of such accident.

(m) The owner or managing owner of any ship or vessel shall comply with the requirements of any regulations made under the said section 28 as to the furnishing of information when required to do so by the Minister as to any accident happening or alleged to have happened on board or in the service of such ship or vessel, in respect of which occupational injuries benefit or any payment in respect of the cost of medical care under section 26 of the Act of 1966 may be payable, or as to any occupation prescribed for the purposes of section 23 of that Act in which any person has been engaged on board or in the service of such ship or vessel in respect of which occupational injuries benefit or any payment in respect of the cost of medical care under section 26 of that Act may be payable.

(n) Any provisions of any regulations made under section 28 of the Act of 1966 which require the keeping of a book for the recording of particulars of accidents shall not apply as respects accidents happening to a person while on board or in the service of a ship or vessel."

6. The following articles shall be inserted after article 4 of the Principal Regulations :--

" 4A. An accident happening to an insured person employed as a pilot within the meaning of subsection (6) of section 3 of the Act of 1966 shall be treated as arising in the course of his employment if it happens--

(i) while, with a view to carrying out his duties as such pilot, he is on board or is getting on board or leaving any ship or vessel, or

(ii) while, having left such ship or vessel at a place other than the port from which he normally offers his services as a pilot, he is returning without undue delay to that port.

4B. (1) This article applies to

(a) persons in employment under such a contract as is specified in paragraph 1 of Part I of the First Schedule to the Act as captain or a member of the crew of--

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State,

(b) persons in the employment specified in subparagraph (ii) of paragraph (a) of subsection (2) of section 3 of the Act of 1966 where such employment is on board an aircraft, and

(c) persons temporarily employed outside the State in respect of whom employment contributions are payable under article 13C (inserted by the Social Welfare (Contributions) (Amendment) Regulations, 1961 ( S.I. No. 139 of 1961 )) of the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ).

(2) Occupational injuries benefit shall be payable, subject to and in accordance with the Acts, in respect of an accident arising out of and in the course of, or a prescribed disease due to the nature of the insurable (occupational injuries) employment of a person to whom this article applies notwithstanding that the accident happens or the disease is contracted while such person is outside the State except where the person is in the employment specified in paragraph (c) of the preceding sub-article and makes a claim for compensation, damages, or payment in the nature of benefit in respect of the accident or disease in another State and is successful in such claim.

(3) The provisions of the Act of 1966 shall, in their application to a person to whom this article applies by virtue of employment as captain or a member of the crew of an aircraft, have effect subject to the following modifications : --

(a) Where such person having been left outside the State on account of illness, injury, risk of infection or loss of or damage to the aircraft in which he was employed, subsequently returns to the State at the expense of the employer in whose service he was up to the time of being so left, an accident happening to him while so returning shall, notwithstanding that during that time he renders no services and receives no wages, be deemed to arise out of and in the course of his emplyoment as such person if it would have been deemed so to have arisen had the return journey been undertaken in pursuance of an obligation under his contract of service with the employer aforesaid.

(b) Paragraph (b) of subsection (4) of section 4 of the Act of 1966 shall not apply in the case of such person who, with the express or implied permission of his employer, is travelling to or from his place of work in any aircraft.

(c) In addition to the provisions of subsection (5) of section 4 of the Act of 1966, an accident happening to such person while employed as aforesaid shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps in an actual or supposed emergency on or in connection with any aircraft to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

(4) (a) A person to whom this article applies shall not be disqualified for receiving injury benefit or disablement benefit (other than an increase of disablement benefit) by reason of absence from the State.

(b) Payment of injury benefit or disablement benefit to a person in respect of an accident happening or a disease contracted while such person is outside the State shall not be made until such person returns to the State, unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made, payment may be made for such period and to such other person as the Minister thinks fit.

(5) The provisions of or made under the Acts shall, so far as they are not inconsistent with the provisions of these Regulations, apply to a person to whom this article applies with the modification that, where such a person is, on account of his being outside the State by reason of his employment, unable to perform an act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied therewith if he performs the act as soon as is reasonably practicable, although after the happening of the event or the expiration of the specified time."

7. Article 5 of the Principal Regulations shall be amended by the addition thereto of the following sub-article :--

" (3) The provisions of the Acts in their application to a person in employment in the civil service of the Government or the civil service of the State in a capacity in respect of which a superannuation allowance may be granted shall be further modified in the following manner : --

(a) The increase in the weekly rate of employer's contribution payable under subsection (3) of section 36 of the Act of 1966 in respect of such person shall be 8d. in the case of a male employed contributor and 6d. in the case of a female employed contributor.

(b) Where an accident arises out of and in the course of, or a prescribed disease is due to the nature of, such employment, being insurable (occupational injuries) employment, then, in respect of such accident or disease--

(i) Injury benefit shall not be payable;

(ii) Disablement benefit shall not be payable in respect of the first twenty-six weeks following the date of such accident or the date of development of such disease, and shall, apart from any increase of disablement pension under section 10, 11, 12 or 13 of the Act of 1966, be reduced, for any period of entitlement after such twenty-six weeks, by half;

(iii) The cost of medical care incurred as a result of such accident or disease in the first twenty-six weeks following the date of such accident or the date of development of such disease shall not be payable out of the Occupational Injuries Fund."

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

JOSEPH BRENNAN,

Minister for Social Welfare.

I, CHARLES J. HAUGHEY, Minister for Finance, hereby sanction the foregoing Regulations.

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

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE

These Regulations amend the Social Welfare (Modifications of Insurance) Regulations, 1956 to 1964, to provide that, as from 1st May, 1967, occupational injuries benefit will be payable in respect of accidents and diseases happening to seamen, airmen and persons temporarily employed outside the State while insurably employed, and, subject to specified conditions, to enable benefit to be paid to such persons in respect of periods of absence from the State. The accident conditions are modified to suit the special circumstances in which accidents may happen to seamen and airmen. These Regulations also modify the Acts in their application to established civil servants by providing for lower rates of insurance contributions and a limitation in the benefits payable in respect of occupational accidents and diseases for such persons.