Social Welfare (Claims and Payments) (Amendment) Regulations, 1967

• Jurisdiction: Ireland
• Citation: IR SI 85/1967
• Year: 1967

S.I. No. 85 of 1967.
SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1967.
I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3, 29, 47 and subsection (4) of Section 52 of the Social Welfare Act, 1952 (No. 11 of 1952), and sections 22 , 24 , 27 , 28 and 30 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby make the following Regulations :—
	1 ..	1. These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967.
	2 ..	2. These Regulations shall come into operation on the 1st day of May, 1967.
	3 ..	3. In these Regulations "the Principal Regulations" means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ).
	4 ..	4. The Social Welfare (Claims and Payments) Regulations, 1952 to 1966 and these Regulations shall be construed as one and may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1967.
	5 ..	5. Article 3 of the Principal Regulations is hereby amended by the insertion therein—
(a) after the definition of "the Act" of the following definition:—
" "the Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966);",
(b) after the definition of "local office" of the following definitions:—
" "claim for benefit" includes an application for a declaration that an accident was an occupational accident;
"gratuity" means disablement benefit or death benefit payable by way of a gratuity;
"deceased" means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;
"funeral grant" means death benefit payable by way of grant under section 22 of the Act of 1966 in respect of funeral expenses;".
	6 Time and manner of payment of injury benefit.	6. Article 7 of the Principal Regulations is hereby amended by the insertion in sub-articles (1) and (2) after the words "disability benefit," where they occur, of the words "injury benefit,".
	7 Time and manner of payment of disablement pension and death benefit by way of pension.	7. Article 8 of the Principal Regulations is hereby amended by the insertion after sub-article (8) of the following sub-article:—
"(9) In this article, "pension" includes disablement pension and death benefit by way of pension."
	8 Time and manner of payment of gratuities.	8. The following article shall be inserted after article 8 of the Principal Regulations:—
"8A—(1) Subject to the following provisions of this article, every gratuity shall be paid in one sum.
(2) A disablement gratuity may be paid by instalments of such amounts and at such times as appear to the Minister to be reasonable in the circumstances of the case, if—
(a) the beneficiary is, at the date of the award of the gratuity, under the age of eighteen years, or
(b) the amount of the gratuity awarded exceeds fifty-two pounds and the beneficiary requests that payment thereof shall be made by instalments.
(3) A disablement gratuity shall, if it is payable by equal weekly instalments, be paid in all respects in accordance with the provisions of the immediately preceding article as if it were a pension, and in any other case, it shall be paid in such manner as the Minister may consider appropriate in the circumstances.
(4) A gratuity or any part thereof shall not, unless the Minister in any case or class of cases otherwise decides, be payable until after the expiration of the time limited for any appeal against the decision on which the award of such benefit is based or, where such an appeal is brought, until after the decision on appeal has been given."
	9 ..	9. The following articles shall be inserted after article 11 of the Principal Regulations:—
Prescribed time for claiming occupational injuries benefit.
"11A—(1) The prescribed time for making a claim for occupational injuries benefit shall be—
(a) in the case of injury benefit, the period of twenty-one days commencing on the first day of incapacity in respect of which the claim is made,
(b) in the case of disablement benefit, the period of three months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of that benefit are satisfied,
(c) in the case of an increase of disablement benefit under section 12, section 13 or section 14 of the Act of 1966 on the grounds respectively of unemployability, need of constant attendance or receipt of approved hospital treatment, the period of three months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of the relevant increase of benefit are satisfied,
(d) in the case of death benefit, the period of three months commencing on the day of death of the deceased.
(2) Where the Minister is satisfied that there was good cause for failure to make a claim before the day on which it was made, the Minister may extend the time for making that claim to the day on which the claim is made.
(3) Where a person fails to make a claim for occupational injuries benefit within the prescribed time he shall be disqualified for receiving—
(a) injury benefit in respect of any period more than twenty-one days before the day on which the claim therefor is made,
(b) disablement benefit, an increase of disablement benefit under section 12, section 13 or section 14 of the Act of 1966, or death benefit by way of pension in respect of any period more than three months before the day on which the claim therefor is made,
(c) funeral grant or death benefit by way of gratuity.
(4) Where—
(a) a claimant was entitled, apart from satisfying the condition of making a claim, to the benefit or increase of benefit claimed, from a day earlier than the day on which the claim was made, and
(b) throughout a period between the said earlier day and the day on which the claim was made there was good cause for failure to make the claim,
the claimant shall not be disqualified under the preceding sub-article for receiving the benefit or increase of benefit to which he would have been entitled if the claim had been made on the said earlier day.
(5) For the purposes of sub-articles (2) and (4) of this article, a person shall be deemed to have had good cause for failure to make a claim for injury benefit within the prescribed time if he satisfies the Minister that as a consequence of the relevantaccident he is or has been an in-patient in a hospital and the claim was made within whichever is the shorter of the following periods:—
(a) three weeks commencing on the day after his discharge from the hospital, or
(b) thirteen weeks commencing on the day of his admission next after the...