S.I. No. 628/2002 - Social Welfare (Occupational Injuries) (Amendment) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)), 53 (as amended by section 37 of the Social Welfare Act, 2001 (No. 5 of 2001)), 54 (as amended by section 20 of the Social Welfare Act, 1994 ((No. 4 of 1994)) and 57 (as amended by section 19 of the Social Welfare Act, 2001 ) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

Citation.

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment Regulations, 2002.

Commencement.

2. These Regulations come into operation -

(a) in so far as they relate to injury benefit and disablement gratuity on 30 December 2002, and

(b) in so far as they relate to disablement pension on 3 January 2003.

Definition.

3. In these Regulations, “the Regulations of 2001” means the Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations, 2001 ( S.I. No. 652 of 2001 ).

Increased rates of benefits and pensions under the occupational injuries scheme.

4. The Social Welfare (Occupational Injuries Regulations, 1967 ( S.I. No. 77 of 1967 ) are amended by -

(a) the substitution for the Second Schedule thereto (inserted by article 5 of the Regulations of 2001) of the Schedule set out in Schedule A to these Regulations, subject in respect of the Scale set out in the said Second Schedule (as inserted by these Regulations), to the following provisions -

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from 3 January 2003 whether the period taken into account by the assessment began on, before, or after that date, and,

(ii) the amounts of gratuity specified in column (2) of the Scale shall be payable only where the period taken into account by the assessment of the degree of disablement began on or after 30 December 2002, and

(b) the substitution for the Fourth Schedule thereto (inserted by article 5 of the Regulations of 2001) of the Schedule set out in Schedule B to these Regulations.

SCHEDULE A

“SECOND SCHEDULE

Articles 6 and 7

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

Degree of Disablement	Amount of Gratuity	Weekly Rate of Pension
(1)	(2)	(3)
Per Cent	EUR	EUR
1	1,091	1.60
2	1,637	3.10
3	2,182	4.70
4	2,728	6.20
5	3,273	7.80
6	3,819	9.40
7	4,364	10.90
8	4,910	12.50
9	5,455	14.00
10	6,001	15.60
11	6,546	17.10
12	7,092	18.70
13	7,637	20.30
14	8,183	21.80
15	8,728	23.40
16	9,274	24.90
17	9,819	26.50
18	10,365	28.10
19	10,910	29.60

SCHEDULE B

“FOURTH SCHEDULE

PART I

Article 4

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years

	Weekly rate
(1)	(2)
	EUR
(a) Where the relevant employment or (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment ... ... ...	124.80
(b) In any other case ... ... ... ... ... ...	59.70

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GIVEN under the Official Seal of the Minister for Social and Family Affairs this 17th day of December, 2002.

MARY COUGHLAN

Minister for Social and Family Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Social Welfare Act, 2002 provides for increases in the maximum rates of benefits payable under the Occupational Injuries Benefits Scheme arising from the Budget. These Regulations provide for increases in the reduced rates of the following Occupational Injuries benefits:

- in respect of Disablement Gratuities appropriate to degrees of disablement assessed at 19% or less with effect from 30 December 2002,

- in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 3 January 2003, and

- in respect of Injury Benefit payable to persons under the age of sixteen with effect from 30 December 2002.