Social Welfare Consolidation Act 2005
Disablement benefit.
[1993 s54(1)]
75.—(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 disablement benefit where he or she suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with subsections (3) to (11) amounts to F612[not less than 15 per cent].
F613[(1A) In the case of any assessment of disablement—
(a) where the period to be taken into account by the assessment began before 1 January 2012, or
(b) where there has been a provisional assessment, and—
(i) the initial period to be taken into account by the assessment began before 1 January 2012, and
(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,
subsection (1) shall be read as if ‘not less than 1 per cent’ were substituted for ‘not less than 15 per cent’.]
[1993 s54(1)]
(2) For the purposes of subsections (3) to (11), there is deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if assessed in accordance with those provisions, F614[would amount to less than 15 per cent].
F615[(2A) In the case of any assessment of disablement—
(a) where the period to be taken into account by the assessment began before 1 January 2012, or
(b) where there has been a provisional assessment, and—
(i) the initial period to be taken into account by the assessment began before 1 January 2012, and
(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,
subsection (2) shall be read as if ‘would not amount to 1 per cent’ were substituted for ‘would amount to less than 15 per cent’.]
[1993 s54(2)]
(3) Disablement benefit shall not be available to an insured person until after the 3rd day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident, nor until after the last day, if any, of that period on which he or she is incapable of work as a result of the relevant accident but where the person is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he or she may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that the person is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.
[1993 s54(3)]
(4) For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles:
(a) save as provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his or her physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;
(b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to any regulations made under subsection (5), it shall not be so treated in so far as the claimant either—
(i) would in any case have been subject to that disability as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or
(ii) would not have been subject to that disability but for some injury or disease received or contracted after, and not directly attributable to, that accident;
(c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition;
(d) the disabilities resulting from any loss of faculty that may be prescribed shall be taken as amounting to 100 per cent disablement and other disabilities shall be assessed accordingly.
[1993 s54(4)]
(5) (a) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and those regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement.
(b) In relation to any direction in regulations made under paragraph (a), nothing in subsection (4)(c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.
[1993 s54(5)]
(6) (a) Subject to paragraph (b), the period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty.
(b) If on any assessment the condition of the claimant is not such, having regard to the possibility of changes in that condition (whether predictable or not), as to allow of a final assessment being made up to the end of the period referred to in paragraph (a)—
(i) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his or her condition and that possibility, and
(ii) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.
[1993 s54(6)]
(7) (a) Subject to paragraph (b), an assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account by the assessment and, where that is limited by reference to a definite date, whether the assessment is provisional or final.
(b) For the purposes of paragraph (a)—
(i) the percentage and period referred to in that paragraph shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and
(ii) a percentage between 20 and 100 which is not a multiple of 10 shall be treated—
(I) where it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and
(II) where it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.
[1993 s54(7)]
(8) (a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent, disablement benefit shall be a gratuity (in this Chapter referred to as “a disablement gratuity”)—
(i) of an amount fixed, in accordance with the length of that period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in Part 2 of Schedule 2,
(ii) payable, if and in the cases provided by regulations, by instalments.
(b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons.
[1993 s54(8)]
(9) (a) Subject to paragraph (b), where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent or more, disablement benefit shall be a pension (in this Chapter referred to as “a disablement pension”) for that period at the weekly rate set out in column (2) of Part 3 of Schedule 2 appropriate to the degree of disablement.
(b) Where the period referred to in paragraph (a) is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.
[1993 s54(9)]
(10) (a) Where, apart from this subsection, a gratuity would be paid under subsection (8) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years and the extent of disablement is assessed as amounting to F616[not less than 15 per cent] and not more than 19 per cent, subparagraphs (i) to (iii) apply where the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity:
(i) the gratuity shall not be paid;
(ii) the disablement benefit shall be a pension (in this Chapter also referred to as “a disablement pension”) at the weekly rate appropriate in accordance with a prescribed scale;
(iii) the disablement pension shall be for the period taken into account by the assessment of disablement but where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.
(b) The following provisions apply in relation to the scale prescribed for the purposes of this subsection:
(i) the scale shall be the same for all persons;
(ii) different amounts may be specified in relation to the different percentages under 20 per cent, but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in Part 3 of Schedule 2) for a degree of disablement of 20 per cent, the same proportion as the percentage with respect to which it is specified bears to 20 per cent.
[1993 s54(10)]
F617[(11) (a) In the case of any assessment of disablement where the period to be taken into account by the assessment began before 1 May 1990, subsection (10)(a) shall be read as if the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’ were deleted.
(b) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 May 1990 but before 1 January 2012, subsection (10)(a) shall be read as if a reference to ‘and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent’ were substituted for the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’.]
Annotations
Amendments:
F612
Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(a), commenced as per subs. (2).
F613
Inserted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(b), commenced as per subs. (2).
F614
Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(c), commenced as per subs. (2).
F615
Inserted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(d), commenced as per subs. (2).
F616
Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(e), commenced as per subs. (2).
F617
Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 3(1)(f), commenced as per subs. (2).
Editorial Notes:
E687
Power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (2.01.2026) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No.2) Regulations 2025 (S.I. No. 678 of 2025), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii).
E688
Power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (1.01.2012) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) Regulations 2011 (S.I. No. 730 of 2011), arts. 5 and 6—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), arts. 9, 10 and sch. 3, and inserted sch. 3A—in effect as per art. 4; schedules substituted (17.03.2017) as per E-Note below.
E689
Power pursuant to subs. (5)(a) exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 8 and sch. 2 (as regards the assessment of disablement generally), art. 21 and sch. 5 (as regards the assessment of occupational deafness), in effect as per art. 2.
E690
Power pursuant to subs. (8)(a)(ii) exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 53, in effect as per art. 2.
E691
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (3.01.2025) by Social Welfare (Consolidated Occupational Injuries) Regulations 2024 (S.I. No. 632 of 2024), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii); substituted (2.01.2026) as per E-Note above.
E692
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (5.01.2024) by Social Welfare (Consolidated Occupational Injuries) Regulations 2023 (S.I. No. 687 of 2023), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii); substituted (3.01.2025) as per E-Note above.
E693
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (6.01.2023) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2022 (S.I. No. 618 of 2022), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii); substituted (5.01.2024) as per E-Note above.
E694
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (7.01.2022) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2021 (S.I. No. 731 of 2021), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii); substituted (6.01.2023) as per E-Note above.
E695
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (29.03.2019) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2019 (S.I. No. 107 of 2019), art. 3(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 3(b)(i) and (ii); substituted (7.01.2022) as per E-Note above.
E696
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (26.03.2018) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2018 (S.I. No. 107 of 2018), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 4(b)(i) and (ii); substituted (29.03.2019) as per E-Note above.
E697
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (17.03.2017) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2017 (S.I. No. 63 of 2017), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), schs. 3 and 3A—in effect as per art. 2(b) subject to provisions in art. 4(b)(i) and (ii); substituted (26.03.2018) as per E-Note above.
E698
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (3.01.2011 and 7.01.2011) by Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010 (S.I. No. 683 of 2010), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 3—in effect as per art. 2 subject to provisions in art. 4(b)(i) and (ii); substituted (1.01.2012) as per E-Note above.
E699
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (4.01.2010 and 8.01.2010) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2009 (S.I. No. 565 of 2009), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 3—in effect as per art. 2 subject to provisions in art. 4(b)(i) and (ii); substituted (3.01.2011 and 7.01.2011) as per E-Note above.
E700
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (29.12.2008 and 2.01.2009) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2008 (S.I. No. 602 of 2008), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 3—in effect as per art. 2 subject to provisions in art. 4(b)(i) and (ii); substituted (4.01.2010 and 8.01.2010) as per E-Note above.
E701
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (31.12.2007 and 4.01.2008) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2007 (S.I. No. 864 of 2007), art. 4(b) and sch. B—which substituted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), sch. 3—in effect as per art. 2 subject to provisions in art. 3(b)(i) and (ii); substituted (29.12.2008 and 2.01.2009) as per E-Note above.
E702
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), arts. 9, 10 and sch. 3, in effect as per art. 2; sch. (3) substituted (31.12.2007 and 4.01.2008) as per E-Note above; arts. 9 and 10 substituted (1.01.2012) as per E-Note above.
E703
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (1.01.2007 and 5.01.2007) by Social Welfare (Occupational Injuries (Amendment) Regulations 2006 (S.I. No. 694 of 2006), art. 4(a) and sch. A—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), sch. 2—in effect as per art. 2; 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.
E704
Previous affecting provision: power pursuant to subs. (8)(a)(i) and 10(a)(ii) exercised (2.01.2006 and 6.01.2006) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) Regulations 2005 (S.I. No. 881 of 2005), art. 4(a)—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), sch. 2—in effect as per art. 2; substituted (1.01.2007 and 5.01.2007) as per E-Note above.
E705
Previous affecting provision: power pursuant to statutory precursor of subs. (5)(a) exercised (20.12.1983) by Social Welfare (Occupational Injuries) (No. 2) Regulations 1983 (S.I. No. 391 of 1983), arts. 3, 4 and sch., in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.
E706
Previous affecting provision: power pursuant to statutory precursor of subs. (5)(a) exercised (1.05.1967) by Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 5 and sch. 1, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.
E707
Previous affecting provision: power pursuant to statutory precursors of subs. (8)(a)(i) and and 10(a)(ii) exercised (1.05.1967) by Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), arts. 6, 7 and sch. 2, in effect as per art. 2; art. 6 amended as per Table below; sch. 2 substituted (03.01.2005 and 07.01.2005) by Social Welfare (Occupational Injuries) (Amendment) Regulations 2004 (S.I. No. 845 of 2004), art. 4(a), in effect as per art. 2, having previously been substituted on multiple occasions the details of which are omitted from this revision; continued in force (1.12.2005) by s. 362(2) as if made under this Act; sch. 2 substituted (2.01.2006 and 6.01.2006) as per E-Note above; arts. 6 and 7 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.
Table
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• art. 6 amended (31.12.2001) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Euro) Regulations 2001 (S.I. No. 617 of 2001), art. 4(a), in effect as per art. 2. • arts. 6 and 7 amended (19.05.1986) by Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1986 (S.I. No. 81 of 1986), art. 7(2), in effect as per art. 7(2). • arts. 6 and 7 amended (15.02.1971) by Social Welfare (Occupational Injuries) (Amendment) Regulations 1970 (S.I. No. 206 of 1970), arts. 5 and 6, in effect as per art. 2(1). |
E708
Previous affecting provision: power pursuant to statutory precursor of subs. (8)(a)(ii) exercised (1.05.1967) by Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 85 of 1967), art. 8—which inserted Social Welfare (Claims and Payments) Regulations 1952 (S.I. No. 374 of 1952), art. 8A—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; 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.