Social Welfare (Consolidated Occupational Injuries) Regulations 2007

JurisdictionIreland
CitationIR SI 102/2007

S.I. No. 102 of 2007

ARRANGEMENT OF ARTICLES

PART 1

Preliminary

1. Citation.

2. Commencement.

3. Definitions.

4. Interpretation.

5. Revocations.

PART 2

Insurable (Occupational Injuries) Employment

6. Insurable (Occupational Injuries) Employment.

PART 3

Occupational Injuries

7. Injury Benefit payable to persons under the age of 16 years.

8. Assessment of disablement and prescribed degrees of disablement.

9. Amount of disablement gratuities.

10. Pension in lieu of disablement gratuities.

11. Increase of disablement pension on account of incapacity.

12. Adjustment of benefit for successive accidents where a disablement gratuity is payable.

13. Adjustment of increase of benefit in respect of successive accidents.

14. Provisions as to incapacity for work.

15. Night Workers.

16. Accident while travelling to or from work.

17. Application of the provisions of the Acts and Regulations.

PART 4

Prescribed Diseases

CHAPTER 1

General

18. Interpretation.

19. Application of articles 14 and 15 to prescribed diseases.

CHAPTER 2

Prescription of Diseases and Presumptions as to their origin

20. Description of diseases and injuries.

21. Occupational deafness.

22. Individual proof.

23. Sequela or resulting conditions.

24. Presumption of origin.

CHAPTER 3

Date of Development and Recrudescence

25. Development of disease.

26. Date of development.

27. Recrudescence.

28. Transitional Provision.

CHAPTER 4

Application of Regulations

29. Definition.

30. Disease contracted outside the State.

31. Injury Benefit.

32. Disablement benefit not preceded by injury benefit.

33. Assessment of extent of disablement.

34. Exception from requirement as to notice.

35. Provisions as to medical examination.

CHAPTER 5

Special Provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma, Vibration-Induced White Finger and Occupational Deafness

36. Injury benefit not payable.

37. Byssinosis — period of assessment.

38. Pneumoconiosis — effect of tuberculosis.

39. Vibration-induced white finger — special provision.

PART 5

Claims and Payments

CHAPTER 1

General

40. Interpretation.

CHAPTER 2

General provisions relating to Claims

41. Claims.

42. Information to be given when claiming.

43. Prescribed time for claiming.

44. Claims made after due date.

CHAPTER 3

Occupational Asthma and Occupational Deafness

45. Occupational asthma — time limit for claiming benefit.

46. Occupational deafness — time limit for claiming benefit.

47. Occupational deafness — further claim.

48. Occupational deafness — period to be covered by assessment of disablement.

CHAPTER 4

Notice of Accidents

49. Notice of accidents.

50. Reporting of accidents by employers.

CHAPTER 5

Payments

51. Manner of payment.

52. Time of payment.

53. Time and manner of payment of gratuities.

54. Extinguishment of right to sums payable by way of pension which are not obtained in the prescribed time.

55. Provision of information.

CHAPTER 6

Payment to person other than the claimant or beneficiary

56. Nominated persons.

57. Payable orders.

58. Extinguishment of right to payment.

59. Persons unable to act.

60. Payment to appointed persons generally.

61. Payment to appointed persons living together with the applicant.

62. Provisions relating to appointments.

CHAPTER 7

Payments on Death

63. Payments on death.

64. Distribution of sum payable on death.

CHAPTER 8

Loss of Purchasing Power

65. Definitions.

66. Payment in respect of loss of purchasing power.

67. Calculation of amount.

68. Delay in issue of purchasing power payment.

69. Payment of an amount of costs.

70. Rounding.

CHAPTER 9

Absence from State or imprisonment

71. Absence from State

72. Exception from disqualification during penal servitude, imprisonment or detention in legal custody.

73. Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody.

CHAPTER 10

Funeral Grant

74. Claims and payments arrangements for funeral grants.

CHAPTER 11

Disqualifications

75. Disqualifications for injury benefit or disablement benefit.

SCHEDULE 1

Weekly rates of Injury Benefit payable to persons under the age of 16 years

SCHEDULE 2

Prescribed degree of disablement

SCHEDULE 3

Scale of Disablement Gratuities and of weekly rates of Pension in lieu of Disablement Gratuities

SCHEDULE 4

PART 1

Description of each Prescribed Disease or injury and nature of employment in respect of which it is prescribed

PART 2

Nature of employment in respect of which Pneumoconiosis is prescribed

SCHEDULE 5

PART 1

Assessment of the extent of Occupational Deafness

PART 2

Formula for calculating Binaural Displacement

SCHEDULE 6

Revocations

S.I. No. 102 of 2007

SOCIAL WELFARE (CONSOLIDATED OCCUPATIONAL INJURIES) REGULATIONS 2007.

Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 13th March, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 71, 72, 74, 75, 77, 79, 84, 85, 86, 87, 88, 89, 91, 92, 93, 241 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 244 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 245, 247 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 249 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 251 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

PART 1 Preliminary

Citation

1. These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) Regulations 2007.

Commencement

2. These Regulations come into operation on 12 March 2007.

Definitions

3. In these Regulations, save where the context otherwise requires—

“claim for benefit” includes an application or a declaration that an accident was an occupational accident;

“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 a grant under section 84 of the Principal Act in respect of funeral expenses;

“gratuity” means a disablement benefit or death benefit payable by way of a gratuity;

“medical care payment” means a payment under section 86 of the Principal Act in respect of the cost of medical care;

“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005).

Interpretation

4. In these Regulations save where the context otherwise requires—

(a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,

(b) a reference to a Schedule is to a Schedule to these Regulations,

(c) a reference to an article is to an article of these Regulations,

(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs,

(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

Revocations

5. The regulations specified in column (2) of Schedule 6 are hereby revoked to the extent specified in column (3) of that Schedule.

PART 2 Insurable (Occupational Injuries) Employment

Insurable (Occupational Injuries) Employment

6. (1) The following employment shall be taken as employment for the purposes of section 71(2)(a)—

Employment in the State as a member or a person training to become a member of any fire-brigade, rescue brigade, first-aid party or salvage party at any factory or premises to which any of the provisions of the Factories Act 1955 (No. 10 of 1955), applies, or at any mine or quarry to which any of the provisions of the Mines and Quarries Act 1965 (No. 7 of 1965), applies, in any case in which such organisation is established in pursuance of an obligation imposed under statute or by or with the consent of the owner or occupier of any such factory, premises, mine or quarry.

(2) For the purposes of section 71 any employment specified in Regulations made under paragraph 4 of Part 2 of Schedule 1 to the Principal Act as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood, other than employment as a member of the Defence Forces involving service in either An Forsa Cosanta Áitiúil or An Slua Muirí for any period not in excess of 21 consecutive days, shall be taken as not being so specified.

(3)The courses prescribed for the purposes of section 71(10) shall be—

(a) a course provided or approved by An Foras Áiseanna Saothair, Teagasc or the National Tourism Development Authority, and

(b) courses established under projects approved by the Department of Enterprise, Trade and Employment and co-funded through the European Social Fund.

PART 3 Occupational Injuries

Injury benefit payable to persons under the age of 16 years

7. (1) Subject to this article, a person under the age of 16 years shall be entitled to injury benefit in accordance with the provisions of sections 74(1) to (4).

(2) The weekly rate of injury benefit in the case of any such person shall be the amount set out, as appropriate, in column (2) of Schedule 1 and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to...

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