Social Welfare Consolidation Act 2005

Treating person as incapable of work, etc.

[1993 s71]

92

92.—Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he or she would not be so treated apart from the regulations, and may also make provision—

(a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and

(b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.

Annotations

Editorial Notes:

E758

Power pursuant to section exercised (31.05.2019) by Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Provisions as to Incapacity for Work) Regulations 2019 (S.I. 242 of 2019), art. 3—which inserted Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 14(2A)—in effect as per art. 2.

E759

Power pursuant to section exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), arts. 14 and 15, in effect as per art. 2.

E760

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(a) and (c)—which substituted Social Welfare (Occupational Injuries) Regulations 1967 (S.I. No. 77 of 1967), art. 15(1) 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

E761

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), arts. 15, 16 and sch. 3 rule 5, 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; 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

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

• amended (31.12.2001) by Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Euro) Regulations 2001 (S.I. No. 617 of 2001), art. 4(d), 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), art. 7.

• amended (6.04.1981) by Social Welfare (Occupational Injuries) Regulations 1981 (S.I. No. 136 of 1981), art. 8, 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), art. 3.