S.I. No. 178/2015 - Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Disqualifications) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th May, 2015.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )) and 91 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Disqualifications) Regulations 2015.

(2) These Regulations and the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 to 2015.

Disqualification for injury benefit or disablement benefit

2. Article 75(2) of the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 ( S.I. No. 102 of 2007 ) is amended by the substitution of the following paragraph for paragraph (c):

“(c) to see an officer of the Minister or a medical assessor and to answer any reasonable enquiries by any such officer or medical assessor relating to his or her claim for injury benefit or disablement benefit.”.

GIVEN under my Official Seal,

7 May 2015.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations amend the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 ( S.I. No. 102 of 2007 ) in the light of section 3 of the Social Welfare (Miscellaneous Provisions) Act 2015 .

Section 3 of the Social Welfare (Miscellaneous Provisions) Act 2015 provides for a new definition of the term “medical assessor” for the purposes of the Social Welfare Consolidation Act 2005 and for a number of consequential amendments to clarify the role of medical assessors in the social welfare decisions process. Article 2 of these Regulations provides for a consequential amendment to the provisions of the 2007 Consolidated Occupational Injuries Regulations relating to disqualification for Injury Benefit and Disablement Benefit where a person fails without good cause to see an officer of the Minister and to answer any reasonable enquiries made by such an officer relating to his or her claim.

In addition to seeing and answering enquiries of an officer of the Minister, article 2 of these Regulations provides that a person will also be disqualified for receipt of Injury Benefit and Disablement Benefit where a person fails without good cause to see a medical assessor and to answer any reasonable enquiries made by a medical assessor relating to his or her claim.