Social Welfare Act, 1994

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Occupational injuries benefits (integration of injury benefit and unemployability supplement with disability benefit).

20.—(1) Section 48 (1) of the Principal Act is hereby amended by—

(a) the insertion after the definition of “occupational accident” of the following definition:

“‘period of injury’ means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day following the accident, or the part of that period for which, under section 54(2), disablement benefit in respect of the accident is not available to the insured person;”, and

(b) the deletion of the definitions of “injury benefit period” and “unemployability supplement”.

(2) The Principal Act is hereby amended by the substitution for section 53 of the following section:

“Disability benefit.

53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit in respect of any day on which, as a result of the injury, he is incapable of work during a period of injury:

Provided that an insured person shall not be entitled to disability benefit in respect of the first 3 such days.

(2) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.

(3) A person under the age of 16 years shall not be entitled to disability benefit under subsection (1) except in so far as may be provided for by regulations.”.

(3) Section 56 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) of the following subsection:

“(1) Subject to this Act, a person in receipt of a disablement pension shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and is likely to remain permanently so incapable.”, and

(b) the substitution for subsection (3) of the following subsection:

“(3) Disability benefit payable by virtue of this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.”.

(4) Section 35 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Disability benefit paid by virtue of sections 53 and 56 shall be disregarded for the purposes of section 35 in determining whether a person has been entitled to disability benefit for 312 days.”.

(5) Where, immediately before the commencement of this section, a person is in receipt of injury benefit by virtue of section 53 of the Principal Act, or unemployability supplement by virtue of section 56 of that Act, disability benefit payable by virtue of section 53 or 56 of the said Act (as the case may be) shall be payable to that person on the commencement at the same rate as the said injury benefit or unemployability supplement (as the case may be, including in the case of unemployability supplement any increases in disablement pension in respect of an adult dependant or qualified child) which is payable to him immediately before the commencement.

(6) Any decision made by a deciding officer or by an appeals officer in relation to the award of—

(a) injury benefit, or

(b) unemployability supplement,

to a person before the commencement of this section shall be deemed to be a decision to award disability benefit payable by virtue of section 53 or 56 of the Principal Act (as the case may be) to such person on and from the commencement.

(7) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(8) In the Principal Act every reference to—

(a) an injury benefit period shall be construed as a reference to a period of injury,

(b) injury benefit shall be construed as a reference to disability benefit payable by virtue of section 53, and

(c) unemployability supplement shall be construed as a reference to disability benefit payable by virtue of section 56.

(9) Section 55 of the Principal Act is hereby repealed.

(10) This section shall come into operation on such day as the Minister may appoint by order.