Social Welfare Consolidation Act 2005
Injury benefit.
[1993 s53(1)]
74.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, the person is incapable of work during the injury benefit period.
[1993 s53(1)]
(2) An insured person shall not be entitled to injury benefit in respect of the first F609[3] days on which, as a result of the injury, he or she is incapable of work.
F610[(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day on which, as a result of the injury, he or she is incapable of work.
(2B) Subsection (2) shall not apply to a person who had a period of incapacity for work immediately before, or not more than 3 days before the first day on which, as a result of the injury, he or she is incapable of work.]
F611[(2C) Notwithstanding subsections (2), (2A) and (2B), a person shall not be entitled to injury benefit—
(a) for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or
(b) for any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.
(2D) Subsection (2C) shall not apply in a case where an exemption is for the time being in force under section 10 of the Act of 2022 in respect of the employer of the person concerned.
(2E) Notwithstanding subsections (2), (2A), (2B) and (2C), a person shall not be entitled to injury benefit for the first day of any such entitlement, where in the immediately preceding 6 days, the person is entitled to statutory sick leave under the Act of 2022 in respect of a Sunday.]
[1993 s53(2)]
(3) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work where, in respect of that day, the insured person is being paid by his or her employer in respect of holiday leave.
[1993 s53(3)]
(4) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded.
[1993 s53(4)]
(5) Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of Part 1 of Schedule 2.
[1993 s53(5); 2001 s37 & Sch F]
(6) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
[1993 s53(6)]
(7) A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.
Annotations
Amendments:
F609
Substituted (1.03.2021) by Social Welfare Act 2020 (30/2020), s. 8(1), commenced as per subs. (2).
F610
Inserted (6.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 7(1)(b), commenced as per subs. (2) as respects a period, the first day of which occurs on or after 6 January 2014, during which as a result of an injury referred to in subs. (1) a person is incapable of work.
F611
Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 28, commenced as per s. 1(3)
Editorial Notes:
E670
Power pursuant to subs. (7) exercised (5.01.2026) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No.2) Regulations 2025 (S.I. No. 678 of 2025), art. 3(a) and sch. A—which substitutedSocial Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a).
E671
Power pursuant to subs. (7) exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 7 and sch. 1, in effect as per art. 2.
E672
Previous affecting provision: power pursuant to subs. (7) exercised (6.01.2025) by Social Welfare (Consolidated Occupational Injuries) Regulations 2024 (S.I. No. 632 of 2024), art. 3(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (5.01.2026) as per E-Note above.
E673
Previous affecting provision: power pursuant to subs. (7) exercised (01.01.2024) by Social Welfare (Consolidated Occupational Injuries) Regulations 2023 (S.I. No. 687 of 2023), art. 3(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (6.01.2025) as per E-Note above.
E674
Previous affecting provision: power pursuant to subs. (7) exercised (2.01.2023) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2022 (S.I. No. 618 of 2022), art. 3(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (01.01.2024) as per E-Note above.
E675
Previous affecting provision: power pursuant to subs. (7) exercised (3.01.2022) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2021 (S.I. No. 731 of 2021), art. 3(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (2.01.2023) as per E-Note above.
E676
Previous affecting provision: power pursuant to subs. (7) exercised (25.03.2019) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2019 (S.I. No. 107 of 2019), art. 3(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (3.01.2022) as per E-Note above
E677
Previous affecting provision: power pursuant to subs. (7) exercised (26.03.2018) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2018 (S.I. No. 107 of 2018), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (25.03.2019) as per E-Note above.
E678
Previous affecting provision: power pursuant to subs. (7) exercised (13.03.2017) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2017 (S.I. No. 63 of 2017), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (26.03.2018) as per E-Note above.
E679
Previous affecting provision: subs. (1) amended (6.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 7(1)(a), commenced as per subs. (2) as respects a period, the first day of which occurs on or after 6 January 2014, during which as a result of an injury referred to in subs. (1) a person is incapable of work; substituted (1.03.2021) as per F-Note above.
E680
Previous affecting provision: power pursuant to subs. (7) exercised (3.01.2011) by Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010 (S.I. No. 683 of 2010), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (13.03.2017) as per E-Note above.
E681
Previous affecting provision: power pursuant to subs. (7) exercised (4.01.2010) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2009 (S.I. No. 565 of 2009), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (3.01.2011) as per E-Note above.
E682
Previous affecting provision: power pursuant to subs. (7) exercised (29.12.2008) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2008 (S.I. No. 602 of 2008), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (4.01.2010) as per E-Note above.
E683
Previous affecting provision: power pursuant to subs. (7) exercised (31.12.2007) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2007 (S.I. No. 864 of 2007), art. 4(a) and sch. A—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 1—in effect as per art. 2(a); substituted (29.12.2008) as per E-Note above.
E684
Previous affecting provision: power pursuant to subs. (7) exercised (1.01.2007) by Social Welfare (Occupational Injuries (Amendment) Regulations 2006 (S.I. No. 694 of 2006), art. 4(b)—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 4 and sch. 4 part 1—in effect as per art. 2(a); revoked (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 5 and sch. 6, in effect as per art. 2.
E685
Previous affecting provision: power pursuant to subs. (7) exercised (2.01.2006) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) Regulations 2005 (S.I. No. 881 of 2005), art. 4(b)—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 4 and sch. 4 part 1—in effect as per art. 2(a); substituted (1.01.2007) as per E-Note above.
E686
Previous affecting provision: : power pursuant to statutory precursor of subs. (7) exercised (6.04.1992) by Social Welfare (Occupational Injuries) (Amendment) Regulations 1992 (S.I. No. 82 of 1992), arts. 4 and 5—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 4 and sch. 4 part 1—in effect as per art. 3; sch. 4 part 1 last amended prior to 1.12.2005 following substitution (3.01.2005) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2004 (S.I. No. 845 of 2004), art. 4(b) and sch. B, in effect as per art. 2(a); continued in force (1.12.2005) by s. 362(2) as if made under this Act; sch. 4 part 1 substituted (2.01.2006) as per E-Note above; art. 4 revoked (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 5 and sch. 6, in effect as per art. 2.