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
About this Revised Statutory Instrument
This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.
Related legislation
Social Welfare (Consolidated Occupational Injuries) Regulations 2007 to 2022: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one (Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2022 (S.I. No. 618 of 2022), art. 1(2)). The instruments in this group are:
• Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2007 (S.I. No. 864 of 2007)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2008 (S.I. No. 602 of 2008)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2009 (S.I. No. 565 of 2009)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010 (S.I. No. 683 of 2010)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (Civil Partnership) Regulations 2011 (S.I. No. 601 of 2011)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) Regulations 2011 (S.I. No. 730 of 2011)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Prescribed Courses) Regulations 2012 (S.I. No. 479 of 2012)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Disqualifications) Regulations 2015 (S.I. No. 178 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Manner of Payment) Regulations 2015 (S.I. No. 374 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 3) (Payments to Nominated Persons) Regulations 2015 (S.I. No. 409 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2017 (S.I. No. 63 of 2017)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2018 (S.I. No. 103 of 2018)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Prescribed Time) Regulations 2018 (S.I. No. 376 of 2018)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2019 (S.I. No. 107 of 2019)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Provisions as to Incapacity for Work) Regulations 2019 (S.I. No. 242 of 2019)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2021 (S.I. No. 731 of 2021)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2022 (S.I. No. 618 of 2022)
Annotations
This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
None
All Acts up to and including National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2022 (S.I. No. 618 of 2022)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2021 (S.I. No. 731 of 2021)
• Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 447 of 2020)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Provisions as to Incapacity for Work) Regulations 2019 (S.I. No. 242 of 2019)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2019 (S.I. No. 107 of 2019)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Prescribed Time) Regulations 2018 (S.I. No. 376 of 2018)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2018 (S.I. No. 103 of 2018)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) Regulations 2017 (S.I. No. 63 of 2017)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 3) (Payments to Nominated Persons) Regulations 2015 (S.I. No. 409 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) (Manner of Payment) Regulations 2015 (S.I. No. 374 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Disqualifications) Regulations 2015 (S.I. No. 178 of 2015)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 1) (Prescribed Courses) Regulations 2012 (S.I. No. 479 of 2012)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (No. 2) Regulations 2011 (S.I. No. 730 of 2011)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) (Civil Partnership) Regulations 2011 (S.I. No. 601 of 2011)
• Social Welfare (Consolidated Occupational Injuries) (Amendment) Regulations 2010 (S.I. No. 683 of 2010)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2009 (S.I. No. 565 of 2009)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2008 (S.I. No. 602 of 2008)
• Social Welfare (Occupational Injuries) (Amendment) Regulations 2007 (S.I. No. 862 of 2007)
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 revision.
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: