S.I. No. 313/1994:

SOCIAL WELFARE (HEALTH AND SAFETY BENEFIT) REGULATIONS, 1994.

SOCIAL WELFARE (HEALTH AND SAFETY BENEFIT) REGULATIONS, 1994.

The Minister for Social Welfare in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), sections 41B and 41C of that Act (as inserted by the European Communities (Social Welfare) Regulations, 1994) and sections 205, 206 and 216 of the said Act, hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Health and Safety Benefit) Regulations, 1994.

2. (1) In these Regulations--

"beneficiary" means a woman entitled to benefit;

"benefit" means health and safety benefit under Chapter 8A of Part II of the Principal Act;

"claimant" means a woman who has made a claim for benefit;

"period of absence" has the meaning assigned in section 41A of the Principal Act;

"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 ;

"reckonable earnings" has the meaning assigned by article 4 of the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ) and by article 4 of the Social Welfare (Collection of Employment Contributions for Special Contributors) Regulations, 1989 ( S.I. No. 302 of 1989 ), as may be appropriate in each case.

(2) In these Regulations--

( a ) a reference to a section is to a section of the Principal Act, unless it is indicated that a reference to some other enactment is intended, and

( b ) a reference to a sub-article is to a sub-article of the article in which the reference occurs, unless it is indicated that a reference to some other article is intended.

3. These Regulations shall come into operation on the 19th day of October, 1994.

4. (1) For the purposes of subsection (1) (b) of section 41C:--

( a ) the prescribed period shall be the last complete contribution year before the beginning of the benefit year in which the 1st day of the period of absence occurs;

( b ) subject to sub-article (2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period; and

( c ) the prescribed amount shall be £69.99

(2) In the case of a claimant whose reckonable earnings, if any, are less than £25, as calculated in accordance with sub-article (1), she shall be deemed to have reckonable weekly earnings of £25.

5. Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed £69.99, the following provisions shall apply:--

( a ) where the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule A to these Regulations, there shall be entitlement to benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule;

( b ) any increase of benefit, in respect of an adult dependant payable under subsection (1) of section 41F shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule; and

( c ) any increase of benefit, in respect of a qualified child, payable under subsection (2) of section 41F shall be the same as if the condition as respects the reckonable weekly earnings had been fully satisfied.

6. Every claim for benefit (including any increase thereof) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

7. Every claimant or beneficiary shall--

( a ) furnish in such manner and at such times as the Minister may determine, such certificates, documents and information affecting the right to benefit as the Minister may require, and

( b ) notify the Minister of any change in circumstances which affects the right to such benefit as soon as is reasonably practicable thereafter.

8. (1) The prescribed time for making a claim for benefit (including any increase thereof) shall be the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto.

(2) Subject to sub-article (3), where a woman fails to make a claim for benefit within the prescribed time, she shall be disqualified for receiving payment in respect of any period before the date on which the claim is made.

(3) Where a claimant proves to the satisfaction of the Minister that--

( a ) on a date earlier than the date on which her claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, she was entitled thereto, and

( b ) throughout the period between the earlier date and the date on which her claim was made there was good cause for the delay in making such claim, she shall not be disqualified for receiving payment of the amount to which she would have been entitled if the claim had been made on the earlier date:

Provided that no sum shall be paid to a claimant on account of benefit in respect of any period more than 6 months before the date on which the claim therefor is made.

9. Where a claim for benefit is made by a woman, her employer shall, on being so required by the Minister, furnish to the Minister the following particulars relating to that woman--

( a ) the date of commencement of the period of absence and where the employment has ceased, the date of cessation of employment with that employer and the reason for the said cessation,

( b ) the nature of her employment,

( c ) the amount of her gross earnings from her employment with the employer in respect of any period, and

( d ) any other relevant particulars that may be required for the purposes of determining a claim for, or reviewing entitlement to, benefit.

10. (1) Benefit shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable thereafter.

(2) Subject to sub-article (3) benefit shall be paid by way of a cheque issued by post or otherwise to a claimant or beneficiary at her place of residence.

(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.

11. Benefit shall be paid on such days and at such intervals as the Minister may determine.

12. Where benefit has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such benefit shall be extinguished where payment thereof is not obtained within 6 months.

Article 5

Schedule A

GIVEN under the Official Seal of the Minister for Social Welfare, this 15th day of October, 1994.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations prescribe the amount of reckonable weekly earnings a claimant must have to qualify for Health and Safety Benefit at the standard rate and provide for payment of reduced rates of benefit to claimants whose reckonable weekly earnings are below this amount.

The Regulations also contain general provisions relating to claims and payments.