Social Welfare (Consolidated Occupational Injuries) Regulations 2007
S.I. No. 102 of 2007
SOCIAL WELFARE (CONSOLIDATED OCCUPATIONAL INJURIES) REGULATIONS 2007
REVISED
Updated to 6 January 2023
This Revised Statutory Instrument is an administrative consolidation of the Social Welfare (Consolidated Occupational Injuries) Regulations 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, and all statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Statutory Instrument.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
S.I. No. 102 of 2007
SOCIAL WELFARE (CONSOLIDATED OCCUPATIONAL INJURIES) REGULATIONS 2007
REVISED
Updated to 6 January 2023
ARRANGEMENT OF ARTICLES
PART 1
Preliminary
Article
|
1. |
Citation. |
|
2. |
Commencement. |
|
3. |
Definitions. |
|
4. |
Interpretation. |
|
5. |
Revocations. |
PART 2
Insurable (Occupational Injuries) Employment
|
6. |
Insurable (Occupational Injuries) Employment. |
PART 3
Occupational Injuries
|
7. |
Injury Benefit payable to persons under the age of 16 years. |
|
8. |
Assessment of disablement and prescribed degrees of disablement. |
|
9. |
Amount of disablement gratuities. |
|
10. |
Pension in lieu of disablement gratuities. |
|
11. |
Increase of disablement pension on account of incapacity. |
|
12. |
Adjustment of benefit for successive accidents where a disablement gratuity is payable. |
|
13. |
Adjustment of increase of benefit in respect of successive accidents. |
|
14. |
Provisions as to incapacity for work. |
|
15. |
Night Workers. |
|
16. |
Accident while travelling to or from work. |
|
17. |
Application of the provisions of the Acts and Regulations. |
PART 4
Prescribed Diseases
CHAPTER 1
General
|
18. |
Interpretation. |
|
19. |
Application of articles 14 and 15 to prescribed diseases. |
CHAPTER 2
Prescription of Diseases and Presumptions as to their origin
|
20. |
Description of diseases and injuries. |
|
21. |
Occupational deafness. |
|
22. |
Individual proof. |
|
23. |
Sequela or resulting conditions. |
|
24. |
Presumption of origin. |
CHAPTER 3
Date of Development and Recrudescence
|
25. |
Development of disease. |
|
26. |
Date of development. |
|
27. |
Recrudescence. |
|
28. |
Transitional Provision. |
CHAPTER 4
Application of Regulations
|
29. |
Definition. |
|
30. |
Disease contracted outside the State. |
|
31. |
Injury Benefit. |
|
32. |
Disablement benefit not preceded by injury benefit. |
|
33. |
Assessment of extent of disablement. |
|
34. |
Exception from requirement as to notice. |
|
35. |
Provisions as to medical examination. |
CHAPTER 5
Special Provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma, Vibration-Induced White Finger and Occupational Deafness
|
36. |
Injury benefit not payable. |
|
37. |
Byssinosis — period of assessment. |
|
38. |
Pneumoconiosis — effect of tuberculosis. |
|
39. |
Vibration-induced white finger — special provision. |
PART 5
Claims and Payments
CHAPTER 1
General
|
40. |
Interpretation. |
CHAPTER 2
General provisions relating to Claims
|
41. |
Claims. |
|
42. |
Information to be given when claiming. |
|
43. |
Prescribed time for claiming. |
|
44. |
Claims made after due date. |
CHAPTER 3
Occupational Asthma and Occupational Deafness
|
45. |
Occupational asthma — time limit for claiming benefit. |
|
46. |
Occupational deafness — time limit for claiming benefit. |
|
47. |
Occupational deafness — further claim. |
|
48. |
Occupational deafness — period to be covered by assessment of disablement. |
CHAPTER 4
Notice of Accidents
|
49. |
Notice of accidents. |
|
50. |
Reporting of accidents by employers. |
CHAPTER 5
Payments
|
51. |
Manner of payment. |
|
52. |
Time of payment. |
|
53. |
Time and manner of payment of gratuities. |
|
54. |
Extinguishment of right to sums payable by way of pension which are not obtained in the prescribed time. |
|
55. |
Provision of information. |
CHAPTER 6
Payment to person other than the claimant or beneficiary
|
56. |
Nomination of persons to receive payment of benefit. |
|
56A. |
Nomination of employer to receive payment of injury benefit. |
|
57. |
Payable orders. (deleted) |
|
58. |
Extinguishment of right to payment. |
|
59. |
Persons unable to act. |
|
60. |
Payment to appointed persons generally. |
|
61. |
Payment to appointed persons living together with the applicant. |
|
62. |
Provisions relating to nominations and appointments. |
CHAPTER 7
Payments on Death
|
63. |
Payments on death. |
|
64. |
Distribution of sum payable on death. |
CHAPTER 8
Loss of Purchasing Power
|
65. |
Definitions. |
|
66. |
Payment in respect of loss of purchasing power. |
|
67. |
Calculation of amount. |
|
68. |
Delay in issue of purchasing power payment. |
|
69. |
Payment of an amount of costs. |
|
70. |
Rounding. |
CHAPTER 9
Absence from State or imprisonment
|
71. |
Absence from State. |
|
72. |
Exception from disqualification during penal servitude, imprisonment or detention in legal custody. |
|
73. |
Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody. |
CHAPTER 10
Funeral Grant
|
74. |
Claims and payments arrangements for funeral grants. |
CHAPTER 11
Disqualifications
|
75. |
Disqualifications for injury benefit or disablement benefit. |
SCHEDULE 1
Weekly rates of Injury Benefit payable to persons under the age of 16 years
SCHEDULE 2
Prescribed degree of disablement
SCHEDULE 3
Scale of Disablement Gratuities and of weekly rates of Pension in lieu of Disablement Gratuities
SCHEDULE 3A
Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities
SCHEDULE 4
PART 1
Description of Each Prescribed Disease or Injury and Nature of Employment in Respect of Which it is Prescribed
PART 2
Nature of employment in respect of which Pneumoconiosis is prescribed
SCHEDULE 5
PART 1
Assessment of the Extent of Occupational Deafness
PART 2
Formula for calculating Binaural Disablement
SCHEDULE 6
Revocations
S.I. No. 102 of 2007
SOCIAL WELFARE (CONSOLIDATED OCCUPATIONAL INJURIES) REGULATIONS 2007
REVISED
Updated to 6 January 2023
Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 13th March, 2007.
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006), 71, 72, 74, 75, 77, 79, 84, 85, 86, 87, 88, 89, 91, 92, 93, 241 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006), 242, 243, 244 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006), 245, 247 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006), 249 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006) and 251 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations: