Workmen's Compensation (Amendment) Act, 1955

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Number 16 of 1955.

WORKMEN'S COMPENSATION (AMENDMENT) ACT, 1955.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

Amendments of Second Schedule to Act of 1934.

SECOND SCHEDULE.

Table showing price of an annuity of £1 on a single life.

Number 16 of 1955.

WORKMEN'S COMPENSATION (AMENDMENT) ACT, 1955.

AN ACT TO AMEND THE ENACTMENTS RELATING TO COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT. [26th July, 1955.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act—

“the Acts of 1897 and 1900” means the Workmen's Compensation Acts, 1897 and 1900;

“the Act of 1906” means the Workmen's Compensation Act, 1906;

“the Act of 1934” means the Workmen's Compensation Act, 1934 (No. 9 of 1934);

“the Act of 1948” means the Workmen's Compensation (Amendment) Act, 1948 (No. 23 of 1948);

“the Act of 1953” means the Workmen's Compensation (Amendment) Act, 1953 (No. 25 of 1953).

The appointed day.

2.—The Minister for Social Welfare may by order appoint a day to be the appointed day for the purposes of this Act, and in this Act “the appointed day” means the day so appointed.

Supplementary allowance to workmen entitled under Acts of 1897 and 1900 and Act of 1906.

3.—(1) Where a workman is entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 in respect of any week commencing on or after the appointed day—

(a) the workman shall be entitled, in respect of that week, to a supplementary allowance under this section equal—

(i) to four-fifths of the weekly payment, or

(ii) in a case in which, if this Act had not been passed, the workman would, consequent upon section 3 of the Act of 1953, be entitled in respect of that week to a total amount exceeding the aggregate of the weekly payment and four-fifths thereof—to four-fifths of the weekly payment together with the excess of that total amount over that aggregate,

(b) the supplementary allowance under this section shall for all the purposes of the Acts of 1897 and 1900 or the Act of 1906 (whichever is appropriate) be deemed to be part of the weekly payment and shall accordingly be payable by the employer liable to make the weekly payment.

(2) The references in subsection (1) of this section to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 include references to—

(a) any sum payable under section 14 of the Act of 1934, and

(b) the supplementary allowance payable under section 3 of the Act of 1948.

Increase of maximum limit on weekly payment.

4.—(1) In the Third Schedule to the Act of 1934, as amended by section 6 of the Act of 1948, the following rule shall be substituted for Rule 2:

“2. The weekly payment shall in no case exceed ninety shillings.”

(2) In provision (i) and provision (ii) of subsection (2) of section 7 of the Act of 1948, “ninety shillings” shall be substituted for “fifty shillings”.

(3) Subject to subsection (4) of this section, subsections (1) and (2) of this section shall come into operation on the appointed day and shall apply in relation to the computation of a weekly payment by way of compensation under the Act of 1934, notwithstanding that the accident happened before the appointed day.

(4) Where a workman is entitled to a weekly payment by way of compensation under the Act of 1934 in respect of a week commencing before and ending on or after the appointed day, the amendments effected by subsections (1) and (2) of this section shall not apply in respect of him until the expiration of that week.

Increase of compensation in fatal cases.

5.—(1) The Second Schedule to the Act of 1934, as amended by section 8 of the Act of 1953 and the Schedule thereto, is hereby amended in accordance with the First Schedule to this Act.

(2) In subsection (2) of section 22 of the Act of 1934, as amended by subsection (2) of section 8 of the Act of 1953, “eighteen hundred pounds” shall be substituted for “twelve hundred pounds”.

(3) The amendments effected by subsections (1) and (2) of this section shall not apply to any case where the accident happened before the appointed day.

Increase of age limit for juvenile dependency.

6.—(1) In subsections (2) and (3) of section 7 of the Act of 1934 and the Second and Fifth Schedules thereto, “sixteen” shall be substituted for “fifteen” wherever “fifteen” occurs.

(2) The amendments effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

Restriction of exclusion of first three days of incapacity to incapacity to incapacities lasting less than two weeks.

7.—(1) In section 23 of the Act of 1934, “two weeks” shall be substituted for “four weeks”.

(2) The amendment effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

Redemption of weekly payments on application of workman.

8.—(1) Where a weekly payment (including a weekly payment which commenced before the appointed day) to a workman in a case of total incapacity has been continued for not less than two years, the Court, on the application of the workman made at any time after he has attained the age of twenty-one years, if it is satisfied that the workman remains totally incapacitated as a result of the injury and that he is likely to continue to be so incapacitated for the rest of his life, may by order provide for the payment by the employer, by way of redemption as from the date of the application of his liability to make the weekly payment, of a lump sum of such amount as may be determined by the Court, subject to the limitation that the amount so determined shall not exceed such amount as would, if invested on the date of the application in the purchase of an immediate life annuity, purchase an annuity for the workman equal to seventy-five per cent. of the annual value of the weekly payment.

(2) In determining under subsection (1) of this section the amount of a lump sum, the Court, as well as having regard to all other matters which it considers relevant, shall have regard, in particular, to the age of the workman and to his expectation of life.

(3) For the purposes of subsection (1) of this section a life annuity shall be deemed to be purchasable at a price calculated in accordance with the Table set forth in the Second Schedule to this Act and not otherwise.

(4) The Court shall have a discretion to grant or refuse an application under this section and, in exercising that discretion, the Court, as well as having regard to all other matters which it considers relevant, shall have regard, in particular, to whether the making of the order would be for the benefit of the workman and whether the making of the order would cause undue hardship to the employer.

(5) This section shall not apply to a case of partial incapacity which, by an order under section 24 of the Act of 1934, is required to be treated as a case of total incapacity.

(6) This section shall come into operation on the appointed day.

(7) This section shall be construed as one with the Act of 1934.

Substitution of date of death of workman for date of allocation in allocating children's lump sum.

9.—(1) In subparagraph (1) of paragraph 4 of the Fifth Schedule to the Act of 1934, “the date of the death of the workman on whose earnings they were dependent” shall be substituted for “the date of such allocation”.

(2) In paragraph 5 of the Fifth Schedule to the Act of 1934, the following subparagraph shall be inserted after subparagraph (2):

“(3) In the event of a juvenile dependant attaining the age of sixteen years between the date of the death of the workman and the date on which the share of such juvenile dependant is first ascertained—

(a) the provisions of paragraphs 1, 2 and 3 of this Schedule shall apply to such share in like manner as they apply to the sums referred to in those paragraphs, and

(b) accordingly, nothing in the foregoing subparagraphs of this paragraph shall apply to such share.”

(3) The amendments effected by subsections (1) and (2) of this section shall not apply to any case where the accident happened before the appointed day.

Cesser of supplemental allowances under section 3 of Act of 1953.

10.—A person shall not be entitled to a supplemental allowance under section 3 of the Act of 1953 in respect of any week commencing on or after the appointed day.

Short title and collective citation.

11.—(1) This Act may be cited as the Workmen's Compensation (Amendment) Act, 1955.

(2) The Workmen's Compensation Acts, 1934 to 1953, and this Act may be cited together as the Workmen's Compensation Acts, 1934 to 1955.

FIRST SCHEDULE.

Amendments of Second Schedule to Act of 1934.

Section 5 .

1. In subparagraph (i) of paragraph (a) of Rule 1 “£600” shall be substituted for “£400”.

2. In subparagraph (ii) of paragraph (a) of Rule 1 “£900” shall be substituted for “£600”.

3. In paragraph (b) of Rule 1 “£600” shall be substituted for “£400” in both places where “£400” occurs.

4. In subparagraph (a) of paragraph (1) of Rule 3 “eighteen hundred pounds” shall be substituted for “twelve hundred pounds”.

5. In subparagraph (b) of paragraph (1) of Rule 3 “£6 5s. 0d.” shall be substituted for “£4 3s. 4d.”.

6. In clause (i) of subparagraph (c) of paragraph (1) of Rule 3 “£10 0s. 0d.” shall be substituted for “£6 13s. 4d.” and “£6 5s. 0d.” shall be substituted for “£4 3s. 4d.”.

7. In clause (ii) of subparagraph (c) of paragraph (1) of Rule 3 “£11 5s. 0d.” shall be substituted for “£7 10s. 0d.”, “£10 0s. 0d.” for “£6 13s. 4d.” and “£6 5s. 0d.” for “£4 3s. 4d.”.

8. In clause (iii) of subparagraph (c) of paragraph (1) of Rule 3 “£12 10s. 0d.” shall be substituted for “£8 6s. 8d.”, “£11 5s. 0d.” for “£7 10s. 0d.”, “£10 0s. 0d.” for “£6 13s. 4d.” and “£6 5s. 0d.” for “£4 3s. 4d.”.

9. In clause (iv) of subparagraph (c) of paragraph (1) of Rule 3 “£12 10s. 0d.” shall be substituted for “£8 6s. 8d.”, “£11 5s. 0d.” shall be substituted for “£7 10s. 0d.”, “£10 0s. 0d.” for “£6 13s. 4d.” and “£6 5s. 0d.” for “£4 3s. 4d.”.

10. In clause (i) of subparagraph (d) of paragraph (1) of Rule 3 “£6 5s. 0d.” shall be substituted for “£4 3s. 4d.”.

11. In paragraph (1) of Rule 5 “eighteen hundred pounds” shall be substituted for “twelve hundred pounds”.

12. In paragraph (2) of Rule 5 “eighteen hundred pounds” shall be substituted for “twelve hundred pounds” in both places where “twelve hundred pounds” occurs.

SECOND SCHEDULE.

Table showing Price of an Annuity of £1 on a Single Life.

Section 8 .