Social Welfare Consolidation Act 2005

Disqualifications for injury benefit or disablement benefit and suspension of proceedings.

[1993 s70(1)]

91

91.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 9 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, where the person fails without good cause—

(a) to submit himself or herself from time to time to medical examination for the purpose of determining—

(i) the effect of the relevant accident,

(ii) whether the accident has resulted in a loss of faculty,

(iii) at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or

(iv) the treatment appropriate to the relevant injury or loss of faculty,

(b) to submit himself or herself from time to time to appropriate medical treatment for the relevant injury or loss of faculty,

(c) to attend at the places and times that may be required for the purposes of that medical examination or treatment, or

F636[(d) to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(i) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(ii) refraining from behaviour likely to hinder his or her recovery;

(iii) being available to meet with F637[an officer of the Minister or a medical assessor] regarding his or her claim for injury benefit or disablement benefit.]

F638[(1A) Subject to subsection (1B), a person in receipt of or entitled to injury benefit or an increase of disablement benefit under section 77 shall not engage in work.]

F639[(1B) A person shall not be disqualified for receipt of injury benefit or an increase of disablement benefit under section 77 while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.]

[1993 s70(2)]

(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment referred to in subsection (1) of the amount that may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.

Annotations

Amendments:

F636

Substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 11(a), commenced on enactment.

F637

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 3(2)(c), commenced on enactment.

F638

Substituted (13.02.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 13(a), S.I. No. 42 of 2012.

F639

Inserted (13.02.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 13(b), S.I. No. 42 of 2012.

Editorial Notes:

E753

Power pursuant to section exercised (7.05.2015) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Disqualifications) Regulations 2015 (S.I. No. 178 of 2015), art. 2, which amended Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 75(2)(c).

E754

Power pursuant to section exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 75, in effect as per art. 2.

E755

Previous affecting provision: subs. (1A) inserted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 11(b), commenced on enactment; substituted (13.02.2012) as per F-Note above.

E756

Previous affecting provision: power pursuant to section exercised (15.12.2006) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 695 of 2006), art. 4(b) and (c)—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 18 and deleted sch. 3—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.

E757

Previous affecting provision: power pursuant to statutory precursor of section exercised (1.05.1967) by Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 18 and sch. 3, in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; art. 18 substituted, sch. 3 deleted (15.12.2006) as per E-Note above.

Table

• amended (31.12.2001) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Euro) Regulations 2001 (S.I. No. 617 of 2001), arts. 4(d) and 4(e), in effect as per art. 2.

• amended (3.07.1986) by Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) (No. 2) Regulations 1986 (S.I. No. 237 of 1986), arts. 5 and 7.

• amended (27.03.1986) by Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1986 (S.I. No. 81 of 1986), art. 7(1)(g).

• amended (6.04.1981) by Social Welfare (Occupational Injuries) Regulations 1981 (S.I. No. 136 of 1981), arts. 8 and 9(2), in effect as per art. 2.

• amended (30.07.1974) by Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1974 (S.I. No. 243 of 1974), arts. 3 and 4.