S.I. No. 85/1967 - Social Welfare (Claims and Payments) (Amendment) Regulations, 1967.

S.I. No. 85 of 1967.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3, 29, 47 and subsection (4) of Section 52 of the Social Welfare Act, 1952 (No. 11 of 1952), and sections 22 , 24 , 27 , 28 and 30 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :—

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1. These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967.

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

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3. In these Regulations "the Principal Regulations" means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ).

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4. The Social Welfare (Claims and Payments) Regulations, 1952 to 1966 and these Regulations shall be construed as one and may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1967.

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5. Article 3 of the Principal Regulations is hereby amended by the insertion therein—

(a) after the definition of "the Act" of the following definition:—

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

(b) after the definition of "local office" of the following definitions:—

" "claim for benefit" includes an application for a declaration that an accident was an occupational accident;

"gratuity" means disablement benefit or death benefit payable by way of a gratuity;

"deceased" means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

"funeral grant" means death benefit payable by way of grant under section 22 of the Act of 1966 in respect of funeral expenses;".

6 Time and manner of payment of injury benefit.

6. Article 7 of the Principal Regulations is hereby amended by the insertion in sub-articles (1) and (2) after the words "disability benefit," where they occur, of the words "injury benefit,".

7 Time and manner of payment of disablement pension and death benefit by way of pension.

7. Article 8 of the Principal Regulations is hereby amended by the insertion after sub-article (8) of the following sub-article:—

"(9) In this article, "pension" includes disablement pension and death benefit by way of pension."

8 Time and manner of payment of gratuities.

8. The following article shall be inserted after article 8 of the Principal Regulations:—

"8A—(1) Subject to the following provisions of this article, every gratuity shall be paid in one sum.

(2) A disablement gratuity may be paid by instalments of such amounts and at such times as appear to the Minister to be reasonable in the circumstances of the case, if—

(a) the beneficiary is, at the date of the award of the gratuity, under the age of eighteen years, or

(b) the amount of the gratuity awarded exceeds fifty-two pounds and the beneficiary requests that payment thereof shall be made by instalments.

(3) A disablement gratuity shall, if it is payable by equal weekly instalments, be paid in all respects in accordance with the provisions of the immediately preceding article as if it were a pension, and in any other case, it shall be paid in such manner as the Minister may consider appropriate in the circumstances.

(4) A gratuity or any part thereof shall not, unless the Minister in any case or class of cases otherwise decides, be payable until after the expiration of the time limited for any appeal against the decision on which the award of such benefit is based or, where such an appeal is brought, until after the decision on appeal has been given."

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9. The following articles shall be inserted after article 11 of the Principal Regulations:—

Prescribed time for claiming occupational injuries benefit.

"11A—(1) The prescribed time for making a claim for occupational injuries benefit shall be—

(a) in the case of injury benefit, the period of twenty-one days commencing on the first day of incapacity in respect of which the claim is made,

(b) in the case of disablement benefit, the period of three months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of that benefit are satisfied,

(c) in the case of an increase of disablement benefit under section 12, section 13 or section 14 of the Act of 1966 on the grounds respectively of unemployability, need of constant attendance or receipt of approved hospital treatment, the period of three months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of the relevant increase of benefit are satisfied,

(d) in the case of death benefit, the period of three months commencing on the day of death of the deceased.

(2) Where the Minister is satisfied that there was good cause for failure to make a claim before the day on which it was made, the Minister may extend the time for making that claim to the day on which the claim is made.

(3) Where a person fails to make a claim for occupational injuries benefit within the prescribed time he shall be disqualified for receiving—

(a) injury benefit in respect of any period more than twenty-one days before the day on which the claim therefor is made,

(b) disablement benefit, an increase of disablement benefit under section 12, section 13 or section 14 of the Act of 1966, or death benefit by way of pension in respect of any period more than three months before the day on which the claim therefor is made,

(c) funeral grant or death benefit by way of gratuity.

(4) Where—

(a) a claimant was entitled, apart from satisfying the condition of making a claim, to the benefit or increase of benefit claimed, from a day earlier than the day on which the claim was made, and

(b) throughout a period between the said earlier day and the day on which the claim was made there was good cause for failure to make the claim,

the claimant shall not be disqualified under the preceding sub-article for receiving the benefit or increase of benefit to which he would have been entitled if the claim had been made on the said earlier day.

(5) For the purposes of sub-articles (2) and (4) of this article, a person shall be deemed to have had good cause for failure to make a claim for injury benefit within the prescribed time if he satisfies the Minister that as a consequence of the relevantaccident he is or has been an in-patient in a hospital and the claim was made within whichever is the shorter of the following periods:—

(a) three weeks commencing on the day after his discharge from the hospital, or

(b) thirteen weeks commencing on the day of his admission next after the happening of the relevant accident, to the hospital.

(6) In this article,

(a) "hospital" means any institution for the reception and treatment of persons suffering from illness (including mental illness and mental disorder and any injury or disability requiring medical treatment or nursing) and any maternity home, and

(b) "in-patient" means a person admitted as an in-patient to a hospital for the purpose of receiving there treatment (not being treatment during convalescence) by or under the direction of a registered medical practitioner.

(7) Notwithstanding anything in the foregoing provisions of this article injury benefit, disablement benefit, an increase of disablement benefit under section 12, section 13 or section 14 of the Act of 1966 and death benefit by way of pension shall not be payable in respect of any period more than six months before the date of the actual making of the claim.

Disqualification for failure or neglect to submit evidence of incapacity.

11B.—(1) Where a person who has claimed injury benefit fails or neglects for a period exceeding six months to submit medical or other satisfactory evidence of incapacity he shall be disqualified for receiving injury benefit which would otherwise have been payable in respect of any part of that period if there had not been such failure or neglect.

(2) Where a person who has claimed injury benefit and has submitted medical or other satisfactory evidence of incapacity fails or neglects for a period exceeding six months to continue to submit such evidence, he shall be disqualified for receiving injury benefit which would otherwise have been payable in respect of any part of that period if there had not been such failure or neglect.

(3) Where the Minister is satisfied that there was good cause for failure to submit or to continue to submit evidence of incapacity, the Minister may extend the said period of six months to the day on which the evidence is submitted but in no case shall injury benefit be paid in respect of any period more than six months before the day of the actual submission of the evidence."

10 Extinguishment of right to sums payable by way of pension which are not obtained within the prescribed time.

10. Article 12 of the Principal Regulations is hereby amended by the insertion of the following sub-article:—

"(2) In this article, "pension" includes disablement pension and death benefit by way of pension."

11 Notice of accidents.

11.—(1) Every insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 26 of the Act of 1966 may be payable shall, himself or by some person acting on his behalf, give notice of such accident either in writing or orally as soon as is practicable after the happening thereof.

(2) Every notice given in accordance with the provisions of the preceding sub-article shall contain the appropriate particulars and shall be given to the person who is the insured person's employer at the time of the accident or (if there is more than one employer) to one of such employers, or to any foreman or other official under whose supervision the insured person is employed at the time of the accident or to any person designated for the purpose by the employer.

(3) Any entry of the appropriate particulars of an accident made in a book kept for that purpose in accordance with the provisions of article 12 of these Regulations shall, if made as soon as practicable after the happening of an accident by the insured person or by some person acting on his behalf, be sufficient notice of the accident for the purposes of this article.

(4) In this article and in article 12 following "the appropriate particulars" means the following particulars:—

(a) The name, address and occupation of the injured person;

(b) The date and time of the accident;

(c) The place where the accident happened;

(d) The cause and nature of the injury;

(e) The name, address and occupation of the person giving the notice, where the notice is given by a person other than the injured person.

(5) In a case of failure without good cause to give notice in accordance with the foregoing sub-articles of this article the decision on any claim for occupational injuries benefit or any amount under section 26 of the Act of 1966 arising out of the accident may be suspended until such time as the notice is given.

(6) Where an insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 26 of the Act of 1966 may be payable, dies as a result of the accident before giving notice thereof in accordance with sub-article (1) of this article, the said notice may be given by any other person.

12 Reporting of accidents by employers.

12.—(1) Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or to his servant or agent in accordance with the provisions of the last preceding article and, if there appears to him to be any discrepancy between the circumstances found by him as a result of his investigation and the circumstances appearing from the notice so given, he shall record the circumstances so found.

(2) Every employer who is required to do so by the Minister shall furnish to an officer of the Minister, within such reasonable time as may be required, such information and particulars as may be required—

(a) of any accident or alleged accident in respect of which occupational injuries benefit or any amount under section 26 of the Act of 1966, may be payable to, or in respect of the death of, a person employed by him at the time of the accident or alleged accident,

(b) of the nature of and other relevant circumstances relating to any occupation prescribed for the purposes of section 23 of the Act of 1966, in which any person to whom or in respect of whose death benefit under that section or any amount under section 26 of the Act of 1966, may be payable was or is alleged to have been employed by him,

(c) of the remuneration provided by him in respect of an employment in relation to which occupational injuries benefit or weekly payments under section 24 of the Act of 1966, may be payable to a person who is or has been employed by him, and any other information which may be required for the determination of a claim for occupational injuries benefit or for weekly payments under section 24 of the Act of 1966.

(3) (a) Every owner or occupier (being an employer) of any mine or quarry to which any of the provisions of the Mines and Quarries Act, 1965 (No. 7 of 1965) applies or of any premises to which any of the provisions of the Factories Act, 1955 (No. 10 of 1955) applies shall keep readily accessible a book in a form approved by the Minister in which the appropriate particulars (as defined in the last preceding article) of any accident happening to any person employed at such mine, quarry or premises may be entered by such person or some other person acting on his behalf.

(b) A book, kept in the form prescribed for the purposes of subsection (1) of section 30 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), shall, if that book is kept in all other respects in accordance with the provisions of this sub-article, be deemed to satisfy the requirements of this sub-article.

(4) Any person who fails to comply with the foregoing provisions of this article shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, to a fine not exceeding ten pounds for each day on which the offence is continued.

13 Application of articles 16 and 17 of the Principal Regulations.

13. The reference in articles 16 and 17 of the Principal Regulations to the Social Insurance Fund shall, as respects any payment of occupational injuries benefit, be construed as referring to the Occupational Injuries Fund.

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14. The following article is hereby inserted after article 17 of the Principal Regulations:—

Claims and payments arrangements for funeral grant.

"17A.—(1) Article 17 of these Regulations shall not apply to funeral grant.

(2) A claim for funeral grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife or any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.

(3) In any case where the deceased dies intestate, there is no known husband, wife or next-of-kin and the funeral expenses amount to less than fifty pounds, the reference to fifty pounds in subsection (1) of section 22 of the Act of 1966 shall be construed as a reference to the amount of the funeral expenses.

(4) Any sum payable in respect of funeral grant may be paid, without probate or other proof of title of the personal representative of the deceased, by the Minister to such person as appears to him to be entitled thereto as being beneficially entitled thereto under any testamentary instrument or as husband or wife or as next-of-kin, or as being a creditor of the deceased person or, in the case of the illegitimacy of the deceased person or any child of his, as being a person who would have been entitled thereto if the deceased person or such child had been legitimate.

(5) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Occupational Injuries Fund for the sum so paid.

(6) The Minister, upon making a payment in accordance with this article, shall be discharged from all liability in respect of any sum so paid but such payment shall be without prejudice to the right which any person may have in respect of any sum so paid against any person receiving that sum."

15 Funeral grant in respect of a death outside the State.

15.—(1) Funeral grant shall be payable in respect of a death occurring outside the State if the deceased, immediately before death

(a) was employed in insurable (occupational injuries) employment, or

(b) was entitled to and not disqualified for receiving injury benefit or disablement benefit.

(2) For the purposes of this article, a person shall be deemed to be entitled to injury benefit if he would, but for any failure to make a claim, have been so entitled.

GIVEN under my Official Seal this 25th day of April, 1967.

JOSEPH BRENNAN,

Minister for Social Welfare.

I, ERSKINE H. CHILDERS, Minister for Posts and Telegraphs, hereby consent to the making of the foregoing Regulations so far as they in effect relate to the payment of pensions through the Post Office.

GIVEN under my Official Seal this 25th day of April, 1967.

ERSKINE H. CHILDERS,

Minister for Posts and Telegraphs.

EXPLANATORY NOTE.

These Regulations extend to occupational injuries benent the relevant provisions of the Social Welfare (Claims and Payments) Regulations, 1952 to 1966. Provision is made as to the time and manner of payment, the prescribed time for claiming and the result of a delayed claim for this benefit, comprising injury benefit, disablement benefit and death benefit. The Regulations also require insured persons to notify their employers of accidents for which occupational injuries benefit or the cost of medical care may be due and employers to investigate such accidents and to furnish information required in connection with claims. An accident book must, under the Regulations, be kept in mines and quarries and in any premises to which the Factories Act, 1955 , applies. The provisions of the existing Regulations relating to the appointment of persons to act on behalf of claimants or beneficiaries who are incapable of acting for themselves and in relation to payment due on death are extended to cover benefit payments due from the Occupational Injuries Fund. The arrangements for payment of occupational injuries benefit by way of funeral grant are also specified.