S.I. No. 262/1978 - Emergency Powers (Compensation For Personal Injuries) (Civilians) Scheme 1942 (Eleventh Amendment) Scheme, 1978.

S.I. No. 262 of 1978.

EMERGENCY POWERS (COMPENSATION FOR PERSONAL INJURIES) (CIVILIANS) SCHEME 1942 (ELEVENTH AMENDMENT) SCHEME, 1978.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 1 of the Continuation of Compensation Schemes Act, 1946 (No. 19 of 1946), (as amended by section 2 of the Continuation of Compensation Schemes Act, 1946 (Amendment) Act, 1949 (No. 15 of 1949)), the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 (S.I. No. 294 of 193), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ) hereby make the following Scheme:

1. This Scheme may be cited as the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Eleventh Amendment) Scheme, 1978.

2. In this Scheme—

"the Scheme of 1977" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Tenth Amendment) Scheme, 1977 ( S.I. No. 397 of 1977 );

"the Principal Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (S. R. & O., No. 229 of 1942).

3. Paragraphs (1) and (2) of Article 10 of the Principal Scheme are hereby amended by—

( a ) the substitution with effect from the 3rd day of April, 1978, in paragraph (1) for "eighteen pounds and thirty new pence" (inserted by the Scheme of 1977) of "an amount equal to such weekly allowance as may be payable for the time being to a qualified person under Section 8 (3) (b) of the Social Welfare (Occupational Injuries) Act, 1966 ", (No. 16 of 1966) and the said paragraph, as so amended, is set out in Part I of the Table to this Article.

( b ) the substitution with effect from the 3rd day of April 1978, in paragraph (2) for "eighteen pounds and thirty new pence" of "the rate specified in paragraph (1) of this Article" and the said paragraph, as so amended, is set out in Part II of the Table to this Article.

TABLE.

Part I.

10. (1) The full rate of basic compensation in case of total disablement shall be an amount equal to such weekly allowance as may be payable for the time being to a qualified person under Section 8 (3) (b) of the Social Welfare (Occupational Injuries) Act, 1966 .

Part II.

10. (2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to the rate in paragraph (1) of this Article as the degree of disablement bears to one hundred per cent.

4. Paragraphs (1) and (2) of Article 24 of the Principal Scheme are hereby amended by the substitution, with effect from 3rd day of April, 1978, for "seventeen pounds and fifteen new pence" (inserted by the Scheme of 1977) of "an amount equal to such weekly rate as may be payable for the time being to a qualified person under sections 17 (2) and 18 (2) of the Social Welfare (Occupational Injuries) Act 1966 ", and the said paragraphs, as so amended, are set out in the Table to this Article.

TABLE.

24. (1) Where compensation is payable in respect of the death of an earner and the earner leaves a widow who was at the critical date wholly or mainly maintained by him there shall be payable to her during widowhood as compensation in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning, an allowance of an amount equal to such weekly rate as may be payable for the time being to a qualified person under Sections 17 (2) and 18 (2) of the Social Welfare (Occupational Injuries) Act 1966 .

(2) Where compensation is payable in respect of the death of an earner and the earner leaves a widower who was at the critical date wholly dependent on her, there shall be payable to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of an amount equal to such weekly rate as may be payable for the time being to a qualified person under Sections 17 (2) and 18 (2) of the Social Welfare (Occupational Injuries) Act, 1966 .

GIVEN under my hand this 14th day of September, 1978.

RAY MacSHARRY,

Minister of State at the Department of the

Public Service.

EXPLANATORY NOTE.

This scheme, made by the Minister of State at the Department of the Public Service, provides for increases in the rates of compensation payable to civilians in respect of injuries received as a result of air raids during the war in line with the rates payable under the Social Welfare (Occupational Injuries) Act, 1966 , as amended from time to time.