S.I. No. 881/2005 - Social Welfare (Occupational Injuries) (Amendment) (No. 1) Regulations 2005

S.I. No. 881 of 2005 .

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) (No. 1) REGULATIONS 2005.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4, 74, 75 and 78 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) hereby makes the following regulations:

Citation.

1. These regulations may be cited as the Social Welfare (Occupational Injuries) (Amendment) (No. 1) Regulations 2005.

Commencement.

2. These regulations come into operation—

(a) in so far as they relate to injury benefit and disablement gratuity on 2 January 2006, and

(b) in so far as they relate to disablement pension on 6 January 2006.

Definition.

3. In these regulations, “the Regulations of 2004” means the Social Welfare (Occupational Injuries) (Amendment Regulations 2004 ( S.I. No. 845 of 2004 ).

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 4 of the Regulations of 2004 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 6 January 2006 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 2 January 2006, and

(b) the substitution for the Fourth Schedule thereto (inserted by article 4 of the Regulations of 2004 of the Schedule set out in Schedule B to these regulations.

SCHEDULE A

“SECOND SCHEDULE

Article 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	€	€
1	1,378	2.00
2	2,067	3.90
3	2,756	5.90
4	3,445	7.90
5	4,134	9.80
6	4,823	11.80
7	5,512	13.80
8	6,201	15.80
9	6,890	17.70
10	7,579	19.70
11	8,268	21.70
12	8,957	23.60
13	9,646	25.60
14	10,335	27.60
15	11,024	29.50
16	11,713	31.50
17	12,402	33.50
18	13,091	35.40
19	13,780	37.40

”.

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)
(a) where the relevant employment (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employ- ment...............................................................................................	165.80
(b) in any other case....................................................................	79.30

”.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs, this 14th day of December, 2005.

SÉAMUS BRENNAN,

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 2005 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 2 January 2006,

• in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 6 January 2006, and

• in respect of Injury Benefit payable to persons under the age of sixteen with effect from 2 January 2006.