Social Welfare Consolidation Act 2005

Accidents in illegal employment and accidents outside State.

[1993 s52(1)]

73

73.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 87, or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or non-compliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons—

(a) the contract purporting to govern the employment was void, or

(b) the employed person was not lawfully employed in that employment at the time when or in the place where the accident happened or the disease or injury was contracted or received.

[1993 s52(1)]

(2) In subsection (1) “relevant employment” means—

(a) in relation to an accident, the employment out of and in the course of which the accident arises, and

(b) in relation to a disease or injury, the employment to the nature of which the disease or injury is due.

[1993 s52(3)]

(3) Except where regulations otherwise provide, an occupational injuries benefit is not payable in respect of an accident happening while the insured person is outside of the State.

Annotations

Modifications (not altering text):

C40

Application of subs. (3) restricted (1.11.1996) by Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), art. 101, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act. For the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 73(3) relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 52(3).

Treating certain employments at sea as insurable employment.

101. (1) In this article the expression "designated area" has the meaning assigned to it in section 1 of the Continental Shelf Act, 1968.

(2) Employment in a designated area on or about any drillship, rig, platform, or similar installation in the exploration of the seabed or subsoil or in the exploitation of their natural resources or the operation of a pipe line or cable for the transport of transmission of energy or energy products (whether derived from resources aforesaid or not) being a pipeline or cable situate in a designated area which would, if such employment were in the State, be insurable employment or insurable (occupational injuries) employment for the purposes of the Principal Act shall, notwithstanding that such employment is not in the State, be treated as insurable employment or insurable (occupational injuries) employment, as the case may be, for those purposes.

(3) Section 52(3) shall not apply as respects an employment to which sub-article 2 applies.