S.I. No. 602 of 2008

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th January, 2009.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 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) Regulations 2008.

Commencement.

2. These Regulations come into operation -

(a) in so far as they relate to injury benefit and disablement gratuity on 29 December 2008, and

(b) in so far as they relate to disablement pension on 2 January 2009.

Definition.

3. In these Regulations, “the Principal Regulations” means the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 ( S.I. No. 102 of 2007 ).

Increased rates of benefits and pensions under the occupational injuries scheme.

4. The Principal Regulations are amended by-

(a) the substitution for Schedule 1 thereto by the Schedule set out in Schedule A to these regulations, and

(b) the substitution for Schedule 3 by the Schedule set out in Schedule B to these regulations, subject in respect of the Scale set out in the said Schedule B, to the following provisions -

(i) the rates of pension specified in column (3) of the Scale shall have effect on and from 2 January 2009 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 29 December 2008.

Article 7.

SCHEDULE A

“SCHEDULE 1

Weekly Rates of Injury Benefit Payable to Persons under the Age of Sixteen Years

”.

SCHEDULE B

Article 9 and 10.

“SCHEDULE 3

Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities

”.

GIVEN under the Official Seal of the Minister for Social and Family Affairs,

16 December 2008

MARY HANAFIN.

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 (Miscellaneous Provisions) Act 2008 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 29 December 2008,

• in respect of Disablement Pension payable in lieu of such Gratuities, with effect from 2 January 2009, and

• in respect of Injury Benefit payable to persons under the age of sixteen with effect from 29 December 2008.