1. These Regulations may be cited as the Social Welfare (Consolidated Occupational Injuries) Regulations 2007.

2. These Regulations come into operation on 12 March 2007.

3. In these Regulations, save where the context otherwise requires—

“claim for benefit” includes an application or a declaration that an accident was an occupational accident;

“deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“funeral grant” means death benefit payable by way of a grant under section 84 of the Principal Act in respect of funeral expenses;

“gratuity” means a disablement benefit or death benefit payable by way of a gratuity;

“medical care payment” means a payment under section 86 of the Principal Act in respect of the cost of medical care;

F1["spouse" has the meaning assigned to it in section 3(10).]

“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005).

4. In these Regulations save where the context otherwise requires—

(a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,

(b) a reference to a Schedule is to a Schedule to these Regulations,

(c) a reference to an article is to an article of these Regulations,

(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs,

(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

5. The regulations specified in column (2) of Schedule 6 are hereby revoked to the extent specified in column (3) of that Schedule.

6. (1) The following employment shall be taken as employment for the purposes of section 71(2)(a)—

Employment in the State as a member or a person training to become a member of any fire-brigade, rescue brigade, first-aid party or salvage party at any factory or premises to which any of the provisions of the Factories Act 1955 (No. 10 of 1955), applies, or at any mine or quarry to which any of the provisions of the Mines and Quarries Act 1965 (No. 7 of 1965), applies, in any case in which such organisation is established in pursuance of an obligation imposed under statute or by or with the consent of the owner or occupier of any such factory, premises, mine or quarry.

(2) For the purposes of section 71 any employment specified in Regulations made under paragraph 4 of Part 2 of Schedule 1 to the Principal Act as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood, other than employment as a member of the Defence Forces involving service in either An Forsa Cosanta Áitiúil or An Slua Muirí for any period not in excess of 21 consecutive days, shall be taken as not being so specified.

(3)The courses prescribed for the purposes of section 71(10) shall be—

(a) a course provided or approved by An Foras Áiseanna Saothair, Teagasc or the National Tourism Development Authority, and

F2[(b) Bord Iascaigh Mhara accredited certificate courses approved by the Department of Transport, Tourism and Sport and funded by the Department of Agriculture, Food and the Marine.]

7. (1) Subject to this article, a person under the age of 16 years shall be entitled to injury benefit in accordance with the provisions of sections 74(1) to (4).

(2) The weekly rate of injury benefit in the case of any such person shall be the amount set out, as appropriate, in column (2) of Schedule 1 and such injury benefit shall not be payable otherwise than to a parent or guardian of such person or to a person appointed by the Minister to receive the benefit on behalf of such person.

(3) In column (1) of Schedule 1, “relevant employment” means any employment in which the person under the age of 16 years was or would, but for the relevant injury, have been employed during the week in which, as the result of the relevant injury, he or she first became incapable of work.

8. (1) Section 75(4) shall have effect in accordance with this article.

(2) (a) Subject to paragraph (b), where as a result of the relevant accident the claimant has suffered an injury specified in column (1) of Schedule 2, other then a case to which sub-article (3) applies, the loss of faculty suffered by the claimant as a result of that injury shall be treated for the purposes of section 75 as resulting in the degree of disablement set against such injury in column (2) of Schedule 2.

(b) Where a person has suffered an injury referred to in paragraph (a) and specified in Schedule 2 which includes any other injury so specified, sub-article (a) shall apply only to the first-mentioned injury.

(3) Where as a result of the relevant accident the claimant has suffered an injury specified in Schedule 2, but—

(a) as a result of that injury the claimant may be expected, having regard to his or her physical and mental condition at the date of the assessment in respect of that injury, to be subject to greater disabilities than would normally be incurred as a result of such an injury, or

(b) the part of the body by which the injury was sustained would not, apart from that injury, have been normal at the date of assessment,

the loss of faculty suffered by the claimant as a result of such injury shall be assessed by reference to the degree of disablement set against such injury in column (2) of Schedule 2 subject to such adjustment as may be reasonable in the circumstances of the case.

(4) For the purposes of assessing the extent of the disablement resulting from any injury which is not specified in Schedule 2, regard as may be appropriate may be had to the provisions of sub-article (2) or sub-article (3).

9. (1) 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,

and the extent of a claimant’s disablement is assessed at any of the degrees of disablement severally specified in column (1) of Schedule 3, the amount of any disablement gratuity payable shall—

(I) if the period taken into account by that assessment is limited by reference to the claimant’s life or is not less than 7 years, be the amount specified in column (2) of Schedule 3 as appropriate to that degree of disablement,

(II) in any other case, be an amount which bears the same proportion to the amount so specified as the period taken into account by the assessment bears to a period of 7 years, a fraction of 5 cent being, for this purpose, treated as 5 cent.

(2) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 January 2012 and where the extent of a claimant’s disablement is assessed at any of the degrees of disablement severally specified in column (1) of Schedule 3A, the amount of any disablement gratuity payable shall—

(a) if the period taken into account by that assessment is limited by reference to the claimant’s life or is not less than 7 years, be the amount specified in column (2) of Schedule 3A as appropriate to that degree of disablement,

(b) in any other case, be an amount which bears the same proportion to the amount so specified as the period taken into account by the assessment bears to a period of 7 years, a fraction of 5 cent being, for this purpose, treated as 5 cent.]

10. (1) 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,

and where, in accordance with the provisions of paragraph (a) of section 75(10), a claimant opts for the substitution of a pension for a gratuity, the weekly rate of the pension shall be the amount specified in column (3) of Schedule 3 as appropriate to the degree of disablement assessed in his or her case.

(2) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 January 2012 and where, in accordance with the provisions of paragraph (a) of section 75(10), a claimant opts for the substitution of a pension for a gratuity, the weekly rate of the pension shall be the amount specified in column (3) of Schedule 3A as appropriate to the degree of disablement assessed in his or her case.]

11. For the purposes of paragraph (a) of section 77(2), the prescribed amount of earnings in a year shall be €1,196.

12. (1) In a case where—

(a) a person who is entitled, as a result of an accident, to disablement pension (hereafter in this article referred to as an “existing pension”) which is payable in respect of an assessment for a period which is limited by reference to that person’s life, becomes as a result of any other accident subject to a loss of faculty in respect of which disablement gratuity would, but for this article, be payable, and

(b) the aggregate amount of the assessment in respect of the existing pension and of the assessment in respect of which such disablement gratuity would be payable would, if it were the amount of the assessment of the extent of the disablement resulting from the accident which gave rise to the existing pension, have entitled him or her to receive disablement pension at a higher rate than the rate of such existing pension,

if, at any time before his or her claim for disablement benefit is determined, he or she so elects, that person shall be entitled to disablement pension in lieu of the said disablement gratuity at a rate equal to the difference between the said higher rate and the rate of the existing pension.

(2) In a case in which a person who is entitled as a result of any accident to disablement pension who would but for the provisions of this sub-article become entitled in respect of any other accident to disablement gratuity—

(a) if the assessment in respect of which such pension is payable to him or her amounts to not less than 100 per cent, such person shall not be entitled to receive any disablement gratuity in respect of such other accident,

(b) in any other case, such person shall not be entitled to receive, by way of disablement gratuity in respect of such other accident, an amount exceeding that which would be payable in respect of an assessment equal to the difference between 100 per cent and the percentage of the assessment in respect of which such pension is payable to him or her.

(3) For the purposes of sub-articles (1) and (2), references to an existing pension within the meaning of sub-article (1) and to any disablement pension in sub-article (2) respectively shall include references to all such pensions which may be payable to the person concerned, and references to the amount of the assessment in respect of which, and the rate at which, any such pension is payable shall include references to the aggregate amount of the assessments in respect of which, or the aggregate of the rates at which, all such pensions are payable.

13. (1) Where a person who is entitled to a pension in respect of any accident suffered by him or her has received, or is entitled to, a disablement gratuity in respect of loss of faculty arising from any other accident, such loss of faculty shall, for the purposes of section 77, be treated as if it resulted from the accident in respect of which such disablement pension is payable.

(2) At any time at which the sum total of the several assessments in respect of two or more accidents suffered by any person amounts to less than 100 per cent during the continuance of the periods respectively taken into account thereby, the weekly rate of disablement pension which is payable to him or her may be increased in accordance with section 78 if he or she requires constant attendance as a result of the loss of faculty resulting from any one or more such accidents, whether or not that pension is payable in respect of an assessment of 100 per cent or in respect of that loss of faculty.

(3) A beneficiary who has suffered two or more accidents shall not be entitled at any time to more than one of each of the following increases of benefit, that is to say—

(a) by way of incapacity supplement, under section 77,

(b) in respect of the need of constant attendance, under section 78,

(c) in respect of a qualified child under section 76(2) or (3),

(d) in respect of a qualified adult under section 76(1).

14. (1) For the purposes of the Principal Act, a person who would not otherwise be treated as incapable of work as a result of having suffered an occupational accident shall be so treated in respect of any day on which, as a result of that accident he or she satisfies the conditions specified in sub-articles (2) and (3).

(2) A person who is not incapable of work shall, if it is so decided under the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when—

(a) he or she is under medical care in respect of such disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement the person should abstain from work and he or she does not work, or

(b) he or she is a probable source of infection with a disease specified in regulations under the Health Act 1947 (No. 28 of 1947), to be an infectious disease and the person abstains from work in pursuance of a written order or written advice of a registered medical practitioner.

F5[(2A) For the purposes of section 74, a day or days may, notwithstanding sub-articles (4) and (5), be deemed to be a day or days of incapacity for work, if it is a day or days falling immediately after the end date of a period of incapacity for work as determined in accordance with this article.]

(3) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.

(4) Subject to section 74(4), a day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if an insured person—

(a) fails to prove to the satisfaction of the Minister in respect of that day that he or she is incapable of work, or

(b) does any work on that day other than work of a nature specified in article 75(6),

(c) is in respect of that day being paid by his or her employer in respect of holiday leave.

(5) (a) Subject to paragraph (b), a day shall not be treated for the purposes of occupational injuries benefit as a day of incapacity for work if it is a day in respect of which a person has not claimed, or is disqualified for receiving injury benefit.

(b) A day not treated as a day of incapacity for work, referred to in paragraph (a), shall be disregarded for the purpose of section 75(3).

15. (1) For the purposes of occupational injuries benefit, the following shall apply in relation to night workers.

(2) Subject to sub-article (3), where a period of employment begun on any day extends over midnight into the following day, the person employed shall, in respect of such period—

(a) be treated as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and, in that case, the first day shall not be treated as a day of incapacity for work, or

(b) be treated as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employments before and after midnight are of equal duration, and, in either of these cases, the second day shall not be treated as a day of incapacity for work.

(3) Where a person—

(a) suffers an occupational accident during any such period of employment as is referred to in sub-article (2), and

(b) is thereby immediately rendered incapable of work,

sub-article (2) shall apply, subject to the following qualifications—

(i) if the period of employment before midnight would, apart from the onset of the incapacity, have been of longer duration than that after midnight, the first of the two days shall be treated as the day of the accident and the person employed shall in respect of such period be treated as employed on that day only, and

(ii) nothing in sub-article (2) shall be taken as preventing the day of the accident or the day which is to be treated as the day of the accident from being treated as a day of incapacity for work.

(4) Where a person—

(a) is by virtue of any of this article to be treated as having been employed on one day only of the two days, and

(b) throughout that part of the other of those two days during which that person is not employed, is, or is to be treated in accordance with regulations as, incapable of work as a result of an occupational accident,

that person shall be treated as being so incapable of work throughout that other of those two days.

(5) Where a person—

(a) is, by virtue of paragraph (b) of sub-article (2), to be treated as having been employed on the second day only of two days, and

(b) throughout the day immediately preceding the first of those two days, is, or is to be treated in accordance with regulations as, incapable of work as a result of an occupational accident,

that person shall be treated as being so incapable of work throughout the first of those two days.

16. The following conditions are hereby prescribed for the purposes of section 72(4) in relation to an insured person—

(a) in the case of an accident while travelling to work, shall be engaged in travelling to his or her place of employment at the time with a view to carrying out the duties of his or her employment, such journey being an unbroken journey from his or her normal place of residence, or

(b) in the case of an accident while travelling from work, shall be engaged in travelling directly, after he or she had completed the duties of employment, from his or her place of employment in an unbroken journey to his or her normal place of residence.

17. Sections 241, 242, 281 and 283 shall apply in relation to payments made under section 86 as they apply to benefit.

18. (1) Save where the context otherwise requires, references in these Regulations to accidents shall be construed as references to prescribed diseases, references to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease.

(2) In this Part—

“asbestos textiles” means yarn or cloth composed of asbestos or of asbestos mixed with any other material;

“coal mine” means any mine where one of the objects of the mining operation is the getting of coal (including bituminous coal, cannel coal, anthracite, lignite and brown coal);

“foundry” means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely, the drying and subsequent preparation of sand for moulding (including the reclamation of used moulding sand), the preparation of moulds and cores, knock-out operations and dressing or fettling operations;

“grindstone” means a grindstone composed of natural or manufactured sandstone and includes a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted;

“insured person” means a person insured under Chapter 13 of Part 2 of the Principal Act;

“mine” includes every shaft in the course of being sunk, and every level and every inclined plane in the course of being driven, and all shafts, levels, planes, works, tramways and sidings, both below ground and above ground, in and adjacent to and belonging to the mine, but does not include any part of such premises on which any manufacturing process is carried on other than a process ancillary to the getting or dressing of minerals or the preparation of minerals for sale;

“occupational asthma” means the disease numbered D.1 in Part 1 of Schedule 4;

“occupational deafness” means the disease numbered A.11 in Part 1 of Schedule 4;

“pneumoconiosis” means fibrosis of the lungs due to mineral dust including silica dust, asbestos dust and coal dust, and includes the condition of the lungs known as dust reticulation but does not include byssinosis;

“prescribed disease” means a disease or injury prescribed under Chapter 2 of this Part of these Regulations and reference to a prescribed disease being contracted shall be deemed to include reference to a prescribed injury being received;

“silica rock” means quartz, quartzite, ganister, sandstone, gritstone and chert, but not natural sand or rotten rock;

“tuberculosis” in the description of the disease numbered B.8 in Part 1 of Schedule 4 means a disease due to tuberculous infection, but when used elsewhere in these Regulations in connection with pneumoconiosis means tuberculous of the respiratory system only;

“vibration-induced white finger” in the description of the disease A.13 in Part 1 of Schedule 4 means traumatic vasospasm of at least two distal phalanges of three or more digits of one hand, occurring without seasonal intermission;

“non-endemic infectious or parasitic diseases” in the description numbered B.10 in Part 1 of Schedule 4 means infectious or parasitic diseases which are not endemic in the State and include malaria, leprosy, yellow fever, leishmaniasis and toxoplasmosis.

19. (1) Save as provided in the following sub-articles, article 14 and article 15 shall apply to a person who has contracted or sustained a disease or injury against which he or she was insured under section 87 (in this article referred to as a “prescribed disease case”) as they apply to a person who has suffered an occupational accident, and the references to an occupational accident in article 14 shall be construed accordingly.

(2) In considering the application to a prescribed disease case of article 32, sub-article 14(3) shall be disregarded.

(3) Sub-article 15(3) shall not apply in a prescribed disease case.

20. For the purpose of section 87—

(a) Subject to paragraphs (b) and (c), each disease or injury set out in column (1) of Part 1 of i is prescribed in relation to all insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in any occupation set against such disease or injury in column (2) of Schedule 4,

(b) Pneumoconiosis is prescribed—

(i) in relation to all insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in any occupation set out in Part 2(A) of Schedule 4; and

(ii) in relation to all other insured persons who have been employed on or after 1 May 1967 in insurable (occupational injuries) employment in an occupation set out in Part 2(B) of Schedule 4 and who have not worked at any time (whether in insurable (occupational injuries) employment or not) in any occupation in relation to which pneumoconiosis is prescribed by virtue of paragraph (i) of this sub-article, and

(c) Occupational deafness is prescribed in relation to all insured persons who have been employed—

(i) in insurable (occupational injuries) employment at any time on or after 1 May 1967, and

(ii) for a period or periods (whether before, on or after 1 May 1967) amounting in the aggregate to not less than 10 years in any occupation set against the disease in column (2) of paragraph A.11 of Part 1 of Schedule 4.

21. (1) For the purpose of this article—

“the better ear” means that ear in which the claimant’s hearing loss due to all causes is the lesser;

“the worse ear” means that ear in which the claimant’s hearing loss due to all causes is the greater.

(2) Subject to sub-article (3), section 75(4) shall have effect in relation to occupational deafness.

(3) The extent of disablement in respect of occupational deafness shall, subject to such adjustment as may be reasonable in the circumstances of the case, be assessed at the percentage calculated by applying the formula set out in Part 2 of Schedule 5 to the percentages specified in column (2) of Part 1 of Schedule 5 opposite the appropriate amount of hearing loss in the better ear and the worse ear respectively specified in column (1) of Part 1 of Schedule 5, being the total hearing loss due to all causes, measured in each case by pure tone audiometry over the 1, 2 and 3 kilohertz frequencies.

22. (1) Notwithstanding article 24, where an insured person has developed a disease, other than occupational deafness, which is prescribed in relation to that person in Part 1 or Part 2 of Schedule 4, that disease may, subject to the agreement of the Minister and sub-article (2), be regarded as being due to the nature of that person’s insurable (occupational injuries) employment where such employment is not prescribed in Part 1 or Part 2 of Schedule 4.

(2) A claimant shall, for the purposes of establishing whether a disease prescribed in Part 1 or Part 2 of Schedule 4 has been due to the nature of that person’s (occupational injuries) employment, provide and furnish evidence, including medical reports, documentation and such information as may be required by the Minister.

23. Where a person—

(a) is insured under Chapter 13 of Part 2 of the Principal Act against a prescribed disease, and

(b) is suffering from a condition which in his or her case has resulted from that disease,

section 87 and this Part shall apply to him or her as if he or she were suffering from that disease, whether or not the condition from which he or she is suffering is itself a prescribed disease.

24. (1) Subject to sub-article (2), where an insured person has developed a disease, other than a disease numbered B.10, D.2 or D.3 in Part 1 of Schedule 4, which is prescribed in relation to him or her in that Part of the Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment if that employment was in any occupation set against that disease in column (2) of Part 1 of Schedule 4 and he or she was so employed on or at any time within 1 month immediately preceding the date on which, under the provisions of this Part, he or she is treated as having developed the disease.

(2) (a) Where an insured person in relation to whom either occupational deafness or byssinosis is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment.

(b) Where an insured person in relation to whom either of the following diseases is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his or her insurable (occupational injuries) employment where—

(i) in respect of tuberculosis, the date on which under the provisions of this Part he or she is treated as having developed the disease is not less than 6 weeks after the date on which he or she was first employed in any occupation—

(I) set against the disease in column (2) of paragraph B.8 of Part 1 of Schedule 4, or

(II) established under article 22, the nature of which has resulted in the development of tuberculosis,

and not more than 2 years after the date on which he or she was last so employed in insurable (occupational injuries) employment;

(ii) in respect of pneumoconiosis, he or she has been employed in any occupation—

(I) set out in Part 2(A) of Schedule 4, or

(II) established under article 22, the nature of which has resulted in the development of pneumoconiosis,

for a period or periods amounting in the aggregate to not less than 2 years in employment which was either insurable (occupational injuries) employment, or would have been insurable (occupational injuries) employment if it had taken place on or after 1 May 1967.

25. Where in respect of a claim for benefit under section 87 in respect of a prescribed disease the insured person is found to be or to have been suffering from the disease, or to have died as a result thereof, the disease shall, for the purpose of such claim, be treated as having developed on a date (hereafter referred to as “the date of development”) determined in accordance with articles 26 and 27.

26. (1) (a) Subject to paragraph (b), for the purposes of the first claim in respect of a prescribed disease suffered by an insured person, the date of development shall be determined in accordance with this article and, save as provided in article 27, that date shall be treated as the date of development for the purposes of any subsequent claim in respect of the same disease suffered by the same person.

(b) Where, on the consideration of a claim referred to in paragraph (a), an award of benefit is not made, any date of development determined for the purposes of that claim shall be disregarded for the purposes of any subsequent claim.

(2) Where a claim for the purposes of which the date of development is to be determined is—

(a) a claim for injury benefit, the date of development shall be either the first day on or after 1 May 1967 on which the claimant was incapable of work as a result of the disease or, where applicable, the date from which benefit is payable, or

(b) a claim for disablement benefit, the date of development shall be either the day on or after 1 May 1967 on which the claimant first suffered from the relevant loss of faculty or, where applicable, the date from which benefit is payable, or

(c) a claim for death benefit, the date of development shall be the date of death.

(3) In sub-article (2), “the date from which benefit is payable” means, in relation to any claim, the first day of the period in respect of which benefit may be paid on that claim having regard to article 43 or may have been so paid but for section 74(2).

27. (1) Where an insured person has been awarded benefit under section 87 in respect of a prescribed disease other than pneumoconiosis, byssinosis, occupational asthma or occupational deafness and has recovered wholly or partially and thereafter suffers a further attack of the same disease, or dies as a result of such attack—

(a) where the further attack of the disease commences or the death occurs during an injury benefit period or during a period taken into account by an assessment of disablement relating to such a previous award (either of which period is referred to as a “relevant period”) it shall be treated as a recrudescence of the attack to which the relevant period relates except where, having regard to the particular circumstances relating to the further attack it is found that the disease was contracted or received afresh, in which case it shall be then so treated,

(b) where the further attack of the disease commences or the death occurs on a date outside a relevant period, it shall be treated as having been contracted or received afresh, and

(c) for the purposes of this sub-article, the date on which the further attack of the disease commenced shall be the date deemed to be the date of development under the provision of article 26 applied as though no previous claim had been made in respect of the disease.

(2) Where, in accordance with this article, a disease is treated as having been contracted afresh, the provisions of article 26 shall be applied as though no previous claim had been made in respect of that disease and the date of development shall be determined accordingly.

(3) Where, in accordance with this article, a disease is treated as a recrudescence during a period taken in to account by a previous assessment of disablement, any assessment of disablement in respect of the recrudescence shall be by way of revision of such previous assessment.

28. Where, under this Part of these Regulations a date of development must be determined for the purpose of a claim for benefit in respect of pneumoconiosis or byssinosis suffered by a claimant who is or has been entitled in respect of the same disease to any compensation under the Workmen’s Compensation Acts, the disease in respect of which the claim is made shall be treated for the purpose of these Regulations as not having developed on or after 1 May 1967.

29. In this Chapter, “relevant disease” means, in relation to any claim for benefit in respect of a prescribed disease, the prescribed disease in respect of which benefit is claimed, but does not include any previous or subsequent attack of that disease, suffered by the same person, which, under Chapter 3 of this Part, is or has been treated—

(a) as having developed on a date other than the date which, under the said provisions, is treated as the date of development for the purposes of the claim under consideration, or

(b) as a recrudescence of a disease for which compensation has been paid or awarded under the Workmen’s Compensation Acts.

30. Subject to articles 98 and 101 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), for the purpose of determining whether a prescribed disease is, or, in accordance with Chapter 2 of Part 4 of these Regulations is presumed to be, due to the nature of the person’s insurable (occupational injuries) employment, that person shall be regarded as not being or as not having been in insurable (occupational injuries) employment during any period for which he or she is or was outside the State, and accordingly occupational injuries benefit shall not be payable in respect of a prescribed disease which is due to the nature of employment in an occupation in which the insured person has been engaged only outside the State.

31. (1) Section 74(4) (which provides that in determining whether the insured person is incapable of work on the day of the accident, any part of that day before the occurrence of the accident shall be disregarded) shall not apply.

(2) Save as provided in article 32, the injury benefit period shall begin with the date of the development.

32. Where an insured person, not having been entitled to injury benefit in respect of a relevant disease, claims disablement benefit in respect of that disease, and in accordance with Chapter 3 of Part 4 of these Regulations, a date of development is determined for the purposes of that claim, the following shall apply—

(a) Section 75(3) (which relates to the period for which disablement benefit is not available) shall not apply and the claim shall be treated as if there had been no injury benefit period,

(b) Section 75(6) (which relates to the period to be taken into account by an assessment of the extent of the claimant's disablement) shall have effect as if for references therein to the end of the injury benefit period were substituted by references to the date of development.

33. For the purposes of paragraph (b) of section 75(4) (which relates to the disabilities to be taken into account in assessing the extent of the claimant’s disablement) an injury or disease other than the relevant disease shall be treated as having been received or contracted before the relevant disease if it was received or contracted on or before the date of development, and as having been received or contracted after the relevant disease if it was received or contracted after that date.

34. Article 49 (which relates to the giving of notice of accidents in respect of which benefit may be payable) shall not apply in relation to prescribed diseases.

35. (1) Section 91 (which relates to the disqualification for injury benefit or disablement benefit and suspension of proceedings where a claimant or beneficiary fails without good cause to submit to medical examination for the purpose of determining the effect of the relevant accident), shall apply to medical examinations for the purpose of determining whether a claimant or beneficiary is suffering or has suffered from a prescribed disease, and article 75 shall, subject to sub-article (2), be construed accordingly.

(2) Article 75(4)(b) (which relates to the giving of notice to the registered medical practitioner in attendance on the person required to submit himself or herself for examination in respect of his or her claim or entitlement to injury benefit or disablement benefit) shall not apply in relation to prescribed diseases.

36. Injury benefit shall not be payable in respect of pneumoconiosis, byssinosis, occupational asthma or occupational deafness and accordingly article 32 shall apply to every claim for disablement benefit in respect of any of these diseases.

37. Further to the provisions of section 75(6), the period to be taken into account by an assessment of the extent of the claimant's disablement resulting from byssinosis, shall be not less than one year.

38. Where any claimant is found to be suffering from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis shall be treated for the purposes of section 87 and these Regulations as if they were effects of the pneumoconiosis.

39. Where a claimant in respect of vibration-induced white finger who has traumatic vasospasm of a phalanx or phalanges of one hand is at the loss of a phalanx or phalanges of that hand, it shall be assumed for purposes of the claim that such missing phalanx or phalanges would have been subject to traumatic vasospasm.

40. In this Part—

“benefit” means occupational injuries benefit under Chapter 13 of Part 2 of the Principal Act;

“claim for benefit” includes an application for a declaration that an accident was an occupational accident;

“deceased” means in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“funeral grant” means death benefit payable by way of grant under section 84;

“gratuity” means disablement benefit or death benefit payable by way of a gratuity.

41. Every claim for benefit (including any increase thereof) or claim for medical care payment shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.

42. Every person who makes a claim for a benefit or a medical care payment shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

43. The prescribed time for making a claim shall be—

(a) in the case of injury benefit, the period of F6[6 weeks] commencing on the first day of incapacity in respect of which the claim is made,

(b) in the case of disablement benefit, the period of 3 months commencing on the first day on which, apart from satisfying the conditions of making a claim, the conditions for the receipt of that benefit are satisfied,

(c) in the case of an increase of disablement benefit under sections 77 or 78, on the grounds respectively of being incapable of work or in need of constant attendance, the period of 3 months commencing on the first day on which, apart from satisfying the condition of making a claim, the conditions for the receipt of the relevant increase of benefit are satisfied,

(d) in the case of death benefit, the period of 3 months commencing on the date of death of the deceased,

(e) in the case of medical care, 6 weeks from the date of commencement of such care.

44. (1) In this article “benefit” means occupational injuries benefit, which shall comprise injury benefit, disablement benefit, death benefit and medical care.

(2) Where a claim in respect of benefit is made in respect of any period which is greater than that allowed under section 241(2), the period in respect of which payment may be made before the date on which the claim is made, shall be extended to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.

(3) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be—

(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which a person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(4) Subject to sub-article (5), in any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be—

(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(5) A claim referred to in sub-article (4), shall be made—

(a) where the person ceases to be incapacitated, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to be so incapacitated that he or she is unable to make a claim or appoint a person to act on his or her behalf, within the period for which such incapacity continued plus a period equal in duration to that allowed under section 241(2).

(6) Subject to sub-article (7), in any case where the delay in making the claim was due to a person suffering an event which is a force majeure, the period for which payment may be made shall be—

(a) the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(7) A claim referred to in sub-article (6), shall be made—

(a) when the event which is a force majeure ceases, before or within a period equal in duration to that for which payment is allowed under section 241(2), or

(b) where, at the date of claim, a person continues to suffer an event which is a force majeure, within the period for which such force majeure continued plus a period equal in duration to that allowed under section 241(2).

(8) In any case where a person has a current level of financial indebtedness which cannot reasonably be financed from—

(a) current income, including payments made or due under this article, or

(b) the disposal of current assets, or

(c) any combination of said income or disposal of said assets,

payment shall be made from—

(i) the date of entitlement, or

(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer.

45. (1) Subject to sub-articles (2) and (3) disablement benefit shall not be payable in respect of occupational asthma where the claim is made later than 10 years after the date on which the insured person, in respect of whom the claim was made ceased to be employed in any occupation—

(a) prescribed in relation to occupational asthma, or

(b) established under article 22, the nature of which has resulted in the development of occupational asthma.

(2) Sub-article (1) shall not apply to any claim made by or in respect of an insured person who has at any time been found to be suffering from asthma as a result of an occupational accident and who by virtue of that finding has been awarded disablement benefit either for life or for a period which includes the date from which the claim for disablement pension was made.

(3) Subject to sub-article (4), occupational injuries death benefit shall not be paid in respect of occupational asthma where the insured person, in respect of whose death the benefit has been claimed, died more than 10 years after the date on which he or she ceased to be employed in any occupation prescribed in relation to occupational asthma.

(4) Sub-article (3) shall not apply to any claim made in respect of the death of an insured person who had at any time been found to be suffering either from asthma as a result of an occupational accident or from occupational asthma and who by virtue of that finding had been awarded disablement benefit either for life or for a period which included the date of his or her death.

46. (1) Article 43 shall not apply in relation to occupational deafness.

(2) Disablement benefit shall not be payable in respect of occupational deafness which is made later than 5 years after the latest date, before the date of the claim, on which the claimant worked in an occupation prescribed in relation to occupational deafness.

47. Where a claimant for disablement benefit in respect of occupational deafness is found not to satisfy the minimum hearing loss requirement prescribed in column (1) of paragraph A.11 of Part 1 of Schedule 4, disablement benefit shall not be payable to him or her in respect of a further claim except—

(a) where such further claim is made after the expiration of 3 years from the date of a claim which was disallowed because the claimant was not suffering from occupational deafness, or

(b) where such further claim is made after the expiration of 3 years from the date the extent of his disablement has been reassessed at less than 20 per cent, or

(c) where the claimant would otherwise be precluded by article 46(2) from making a further claim after the expiration of 3 years from the date of the disallowed claim or from the date the extent of his or her disablement has been reassessed at less than 20 per cent, as the case may be, and it is the first claim made since that date and is made within 5 years from the latest date before the date of the further claim on which he or she worked in an occupation prescribed in relation to occupational deafness.

48. (1) Subject to section 75(6), every initial assessment of the extent of a claimant’s disablement in respect of occupational deafness shall be a provisional assessment and the period to be taken into account by such an assessment shall be a period of 5 years.

(2) The period to be taken into account by any subsequent reassessment of the extent of the claimant’s disablement in respect of occupational deafness, if not limited by reference to the claimant’s life, shall be not less than 5 years.

49. (1) Every insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 86 may be payable, shall, himself or herself or by some person acting on his or her behalf, give notice of such accident either in writing or orally as soon as is practicable after the occurrence thereof.

(2) Every notice given in accordance with sub-article (1) shall contain the appropriate particulars and shall be given to the person who is the insured person’s employer at the time of the accident or (if there is more than one employer) to one of such employers, or to any foreman or other official under whose supervision the insured person is employed at the time of the accident or to any person designated for the purpose by the employer.

(3) Any entry of the appropriate particulars of an accident made in a book kept for that purpose in accordance with article 50 shall, if made as soon as practicable after the occurrence of an accident by the insured person or by some person acting on his or her behalf, be sufficient notice of the accident for the purpose of this article.

(4) In this article and in article 50, “the appropriate particulars” means the following particulars:

(a) the name, address and occupation of the injured person,

(b) the date and time of the accident,

(c) the place where the accident occurred,

(d) the cause and nature of the injury,

(e) the name, address and occupation of the person giving the notice, where the notice is given by a person other than the injured person.

(5) In a case of failure without good cause to give notice in accordance with sub-articles (1) to (4), the decision on any claim for occupational injuries benefit or any amount under section 86 arising out of an accident may be suspended until such time as the notice is given.

(6) Where an insured person who suffers personal injury by accident in respect of which occupational injuries benefit or any amount under section 86 may be payable, dies as a result of the accident before giving notice thereof in accordance with sub-article (1), the said notice may be given by any other person.

50. (1) Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or her or to his or her servant or agent in accordance with article 49 and, if there appears to him or her to be any discrepancy between the circumstances found by him or her as a result of his or her investigation and the circumstances appearing from the notice so given, he or she shall record the circumstances so found.

(2) Every employer who is required to do so by the Minister shall furnish to an officer of the Minister, within such reasonable time as may be required, such information and particulars as may be required of—

(a) any accident or alleged accident in respect of which occupational injuries benefit or any amount under section 86, may be payable to a person or in respect of the death of a person, employed by him or her at the time of the accident or alleged accident,

(b) the nature of and other relevant circumstances relating to any occupation prescribed for the purposes of section 87, in which any person to whom or in respect of whose death, benefit under that section or any amount under section 86, may be payable, was or is alleged to have been employed by him or her,

(c) the remuneration provided by him or her in respect of an employment in relation to which occupational injuries benefit or weekly payments under section 85, may be payable to a person who is or has been employed by him or her, and any other information which may be required for the determination of a claim for occupational injuries benefit or for weekly payments under section 85.

(3) Every owner or occupier (being an employer) of any mine or quarry to which any of the provisions of the Mines and Quarries Act 1965 (No.7 of 1965) applies or of any premises to which any of the provisions of the Factories Act 1955 (No. 10 of 1955) apply to keep readily accessible a book in a form approved by the Minister in which the appropriate particulars (as defined in article 49) of any accident involving any person employed at such mine, quarry or premises may be entered by such person or some other person acting on his or her behalf.

(4) Any person who fails to comply with this article shall be guilty of an offence.

51. (1) Where, in accordance with a decision under the Principal Act or regulations made under that Act, benefit, including a medical care payment, is payable to a claimant or beneficiary or to any other person authorised to receive payment of the said benefit under the said Act or regulations (in this article referred to as the ‘authorised person’), that benefit shall be paid—

(a) as soon as practicable after such decision is made, and

(b) in the manner provided for in this article.

(2) For the purposes of sub-article (1), benefit, including a medical care payment, shall be paid—

(a) subject to paragraph (b), by means of any one of the following methods as may be determined by the Minister in relation to any particular case or class of case:

(i) by cash payable at a post office designated by the claimant, beneficiary or authorised person, as the case may be, or where the Minister considers it appropriate, at a post office designated by the Minister;

(ii) by cheque;

(iii) by electronic funds transfer to an account nominated by the claimant, beneficiary or authorised person, as the case may be, and which is of a type determined by the Minister to be appropriate,

or

(b) where the circumstances so warrant, in such other manner as may be determined by the Minister to be appropriate.

(3) Where benefit is paid by electronic funds transfer in accordance with this article, the claimant, beneficiary or authorised person, as the case may be, shall be deemed to have received such payment.]

52. (1) Subject to sub-article (3), benefit shall be paid—

(a) in the case of injury benefit and a medical care payment on such days and at such intervals as the Minister may determine in any particular class or classes of case,

(b) in the case of disablement pension, disablement gratuity payable by instalments and death benefit by way of pension, weekly in advance on the Friday of each week.

(2) (a) Where the day from which a payment or a change in the rate of a payment under paragraph (b) of sub-article (1) takes effect is a day of the week other than a Friday such payment or the change in the rate of such payment shall take effect as from and including the next following Friday,

(b) Where a payment under paragraph (b) of sub-article (1) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.

(3) The Minister may in any particular case or classes of case, arrange for the payment of any benefit other than in advance or otherwise.

53. (1) Subject to this article, every gratuity shall be payable in one sum.

(2) A disablement gratuity may be paid by instalments of such amounts and at such times as appear to the Minister to be reasonable in the circumstances of any particular case or classes of case, if—

(a) the beneficiary is, at the date of the award of the gratuity, under the age of 18 years, or

(b) the amount of the gratuity awarded exceeds €67 and the beneficiary requests that payments thereof shall be made by instalments.

(3) A gratuity or any part of a gratuity, shall not, unless the Minister in any case or classes of case otherwise decides, be payable until after the expiration of the time limited for any appeal against the decision on which the award of such benefit is based or, where such an appeal is brought, until after the decision on appeal has been given.

54. (1) Subject to sub-article (2), where benefit has been awarded and is being paid to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where—

(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(b) in any other case where the deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

55. (1) Every claimant or beneficiary and every person by whom any benefit or medical care payment is receivable on behalf of a claimant or beneficiary shall—

(a) furnish in such manner and at such times as an officer of the Minister may determine, such certificates, documents and information affecting the right to benefit or medical care payment or to the receipt thereof as the said officer may require, and

(b) notify the Minister of any change in circumstances which affects the right to benefit or medical care payment, or to the receipt thereof, as soon as is reasonably practicable thereafter.

(2) Where any sum is receivable on account of an increase of benefit or medical care payment in respect of a qualified adult the beneficiary shall, in such cases or classes of cases as the Minister may direct, furnish a declaration signed by such qualified adult confirming the particulars in respect of him or her furnished by the claimant.

56. (1) Subject to article 56A, a person to whom benefit is payable may nominate a person who is over the age of 18 years to receive payment of benefit on his or her behalf and, subject to the consent of the Minister, such benefit may be payable to the person so nominated.

(2) Every nomination under sub-article (1)—

(a) shall be made to the Minister in the form for the time being approved by him or her, and

(b) may be revoked by the person to whom benefit is payable on giving notice in writing of that fact to the Minister.

(3) The Minister may withdraw his or her consent to a nomination under sub-article (1) where he or she considers that the circumstances so warrant.

(4) A person nominated under sub-article (1) shall pay the person to whom benefit is payable the full amount of the payment without deduction of any kind.]

56A. (1) Where injury benefit is payable to a person, that person may, subject to the consent of the Minister, nominate his or her employer to receive payment of that benefit on his or her behalf.

(2) Every nomination under sub-article (1)—

(a) shall be made to the Minister in the form for the time being approved by him or her, and

(b) may be revoked by the person to whom injury benefit is payable on giving notice in writing of that fact to the Minister.

(3) The Minister may withdraw his or her consent to a nomination under sub-article (1) where he or she considers that the circumstances so warrant.]

57. F10[…]

58. (1) Subject to sub-article (2), where benefit has been awarded and is in payment to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where—

(a) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(b) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

59. (1) Where a claimant or beneficiary is

(a) unable for the time being to act, or

(b) under the age of 16 years,

the Minister may, subject to such conditions as he or she thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit or medical care payment on behalf of the claimant or beneficiary.

(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done under the Principal Act by a claimant or beneficiary in relation to benefit or medical care payment may be done as respects a claimant or beneficiary who is unable to act by the person appointed under sub-article (1) to act on his or her behalf.

60. The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary so much of the benefit as is payable in respect of injury benefit or disablement pension by virtue of section 76.

61. Notwithstanding article 60, in the case of a claimant or beneficiary who is living together with a person in respect of whom he or she is entitled to or in receipt of an increase of benefit, for a qualified adult, the Minister may, where the circumstances so warrant, appoint the qualified adult to receive and deal with on behalf of the claimant or beneficiary in respect of—

(a) injury benefit, so much of the benefit as is payable by virtue of section 76(2), together with one half of the benefit as is payable by virtue of sections 74(5) and 76(1),

(b) disablement pension, so much of the pension as is payable in respect of a qualified child or qualified children by virtue of section 76(2), together with one half of the aggregate sum of

(i) the increase of pension as is payable in respect of a qualified adult by virtue of section 76(1), and

(ii) the increase of pension as is payable on account of incapacity supplement by virtue of section 77(1).

62. (1) The Minister may at any time revoke an appointment made under article 59, 60 or 61 and a person appointed may resign on giving to the Minister one months notice of his or her intention to do so.

(2) The receipt of benefit or medical care by a person—

(a) nominated under article 56 or 56A, or

(b) appointed under article 59, 60 or 61,

shall be a good discharge to the Minister and to the Social Insurance Fund of any amount so paid.]

63. In the case of any benefit including medical care payment, on the death of any claimant or beneficiary, the Minister may allow such person as he or she may think fit to proceed with or to make a claim for such benefit or medical care payment in the name of such claimant or beneficiary.

64. (1) On the death of a claimant or beneficiary, any sum payable in respect of any benefit may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows—

(a) where the claimant or beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

(b) where the claimant or beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(2) The receipt of any person of the age of 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Social Insurance Fund for the sum so paid.

(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of 16 years, he or she may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he or she will apply the sum so paid for the benefit of the person under the age of 16 years.

(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

65. In this Chapter—

“arrears” means arrears of benefit due to a person in respect of the relevant period, having been reduced, where appropriate, in accordance with sections 204 or 247(11);

“benefit” means occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit;

“the Central Statistics Office” means the Central Statistics Office established by the Statistics Act 1993 (No. 21 of 1993);

“the consumer price index” means the All Items Consumer Price Index Number supplied by the Central Statistics Office;

“the relevant period” means the period referred to in article 66(2);

“the present index”—

(a) for the purposes of article 67, means the last available consumer price index on the date on which the arrears are paid, and

(b) for the purposes of article 68, means the last available consumer price index on the date on which the payment in respect of the loss of purchasing power is paid;

“the inflation factor” means a figure calculated in accordance with the following formula:

(present index / previous index) – 1;

“the previous index”—

(a) for the purposes of article 67(a), means the consumer price index appropriate to the end of the 12 month period or to the end of the period for which arrears are due if less than 12 months,

(b) for the purposes of article 67(b) and (c) means the consumer price index appropriate to each period for which a payment in respect of loss of purchasing power is being calculated, and

(c) for the purposes of article 68 means the consumer price index on the date arrears are paid.

66. (1) Payment in respect of the loss of purchasing power shall be made to a person who makes a claim for benefit (including any increase thereof) where—

(a) the payment of his or her claim is delayed for a period exceeding 12 months, and

(b) a deciding officer or an appeals officer, decides that the delay was due solely or mainly to circumstances within the control of the Department of Social and Family Affairs, and

(c) the person has not contributed to the delay.

(2) A payment under sub-article (1) shall be made in respect of such period as a deciding officer or an appeals officer decides that the delay continued, having regard to the facts of the case.

67. Payment to a person by virtue of article 66 shall be the sum of—

(a) an amount if any, calculated by multiplying the arrears due for the period of 12 months from the date of commencement of the relevant period by the inflation factor, plus

(b) an amount if any, calculated by multiplying the arrears due for each calendar quarterly period or part of a quarterly period thereafter, where the period occurs prior to 1 January 1997, by the inflation factor, plus

(c) an amount if any, calculated by multiplying the arrears due for each calendar month thereafter, where the period occurs on or after 1 January 1997, by the inflation factor.

68. In the case of a person to whom article 66 applies and to whom arrears have issued in advance of the payment in respect of the loss of purchasing power, the payment calculated in accordance with article 67, shall be increased, where appropriate, by the inflation factor.

69. Where a person to whom article 66 applies has necessarily incurred incidental expenses as a result of the delay in payment of the benefit, he or she shall be entitled to a payment of the expenses in so far as they exceed €12.70 and subject to a maximum of €63.50 provided that he or she produces such evidence as may be required of such expenditure.

70. The amount payable under this Chapter shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

71. (1) Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving—

(a) death benefit (including any increases thereof), by reason only of the person being absent from the State,

(b) injury benefit (including any increase thereof) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,

(c) disablement benefit (other than any increase thereof) by reason only of the person being absent from the State,

(d) disablement pension by reason only of being absent from the State, including increases—

(i) under section 78 where constant attendance is required and the period of absence from the State does not exceed 6 months,

(ii) by way of incapacity supplement during such period as the Minister may allow having regard to the circumstances of the case if the absence is for the specific purpose of receiving treatment for incapacity which commenced before the person left the State or the absence is for a period in respect of which an increase is payable under section 78,

(iii) under section 76 in respect of a qualified child where the person is entitled to receive incapacity supplement.

(2) Funeral grant shall be payable in respect of a death occurring outside the State if the deceased, immediately before death was—

(a) employed in insurable (occupational injuries) employment, or

(b) entitled to and not disqualified for receiving injury benefit or disablement benefit.

(3) For the purposes of sub-article (2), a person shall be deemed to be entitled to injury benefit if he or she would, but for the failure to make a claim, have been so entitled.

72. (1) (a) Section 249 shall not operate to disqualify a person for receiving any occupational injuries benefit (including, subject to paragraph (b), any increases thereof) in respect of any period during which the person is detained (other than in the case of a person found not guilty by reason of insanity under the provisions of the Criminal Law (Insanity) Act 2006 (No. 11 of 2006)) in any institution for the treatment of mental illness or infectious disease.

(b) No increase in respect of a qualified child shall be payable to a person to whom paragraph (a) applies.

(2) (a) Subject to paragraph (b), a person shall not be disqualified for receiving disablement benefit (other than any increase thereof) for any period during which he or she is undergoing F12[…] imprisonment or detention in legal custody.

(b) The amount of disablement benefit payable by virtue of paragraph (a) by way of any disablement pension or pensions in respect of any period, other than a period in respect of which that person is excepted from disqualification by virtue of the provisions of sub-article (1), during which that person is and has continuously been undergoing F12[…] imprisonment or detention in legal custody shall not exceed in the aggregate the amount of €3,000 or the total amount payable by way of such pension or all such pensions for a period of one year, whichever is the lesser amount.

(3) Subject to sub-article (1), section 249 shall not operate to disqualify a person undergoing a period of F12[…] imprisonment or detention in legal custody—

F13[(a) for receiving disablement benefit by way of gratuity, death benefit by way of orphan's pension or funeral grant,]

(b) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof), if—

(i) the detention is in respect of his or her being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn or he or she is acquitted of the offence, and

(iii) in the case of injury benefit or disablement benefit, immediately before the detention he or she was entitled to the said benefit or would, but for sections 74(2) or 75(3) have been so entitled,

(c) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(4) Subject to sub-article (1), section 249 shall not operate to prohibit payment of an increase in respect of a qualified adult under section 76 for any period during which the qualified adult is undergoing detention in legal custody if—

(a) the detention is in respect of his or her being charged with a criminal offence, and

(b) the charge is subsequently withdrawn or he or she is acquitted of the offence.

(5) (a) Subject to paragraph (b) and notwithstanding that a person, by reason of undergoing a period of F12[…] imprisonment or detention in legal custody is disqualified by virtue of section 249 for receiving injury benefit or disablement pension which includes an increase in respect of a qualified adult or qualified child under section 76, or death benefit which includes an increase in respect of a qualified child under section 81, the increase shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister for any sum so paid.

(b) In the case of injury benefit or disablement pension, paragraph (a) shall apply only where the said person is a person detained in an institution for the treatment of mental illness or is a person who was entitled to such benefit or pension immediately before the commencement of any such period, or would, but for sections 74(2) or 75(3) have been so entitled.

73. (1) Subject to articles 72(1) and (5) and sub-article (2) of this article, the payment to any person of any occupational injuries benefit or increase of that benefit—

(a) which is excepted from the provisions of section 249 by virtue of the provisions of article 72, or

(b) which is payable otherwise than in respect of a period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing F14[…] imprisonment or detention in legal custody.

(2) Injury benefit, disablement benefit or death benefit to which sub-article (1) applies may be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary on account of that benefit, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund for any sum so paid.

(3) Where by virtue of sub-article (1) payment of disablement pension or death benefit by way of pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 58.

74. (1) Article 64 shall not apply to funeral grant.

F15[(2) A claim for funeral grant may be made by—

(a) the personal representative of the deceased, or

(b) where there is no personal representative—

(i) the spouse, civil partner or cohabitant of the deceased,

(ii) any of the next-of-kin of the deceased, or

(iii) any other person claiming to be entitled thereto.

(3) In any case where—

(a) the deceased dies intestate, or

(b) there is no known spouse, civil partner, cohabitant or next-of-kin of the deceased,

and the funeral expenses amount to less than the amount specified at reference 2 in column (1) of Part 2 of Schedule 2 to the Principal Act, the reference therein to the amount of death benefit payable by way of grant shall be construed as a reference to the amount of the funeral expenses.

(4) Any sum payable in respect of a funeral grant may be paid, without probate or other proof of title of the personal representative of the deceased, by the Minister to such person as appears to him or her to be entitled thereto as being beneficially entitled thereto under any testamentary instrument or as spouse, civil partner, cohabitant or next-of-kin of the deceased, or as being a creditor of the deceased person.]

(5) The receipt of any person of age 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Social Insurance Fund for the sum so paid.

(6) The Minister, upon making a payment in accordance with this article, shall be discharged from all liability in respect of any sum so paid but such payment shall be without prejudice to the right which any person may have in respect of any sum so paid against any person receiving that sum.

75. (1) A person shall be disqualified for receiving injury benefit or disablement benefit (including any increase thereof) for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she fails without good cause—

(a) to attend for, or to submit to, medical examination in accordance with sub-article (4),

(b) to submit to such medical treatment for the injury or loss of faculty as a result of which injury benefit or disablement benefit is claimed by or is payable to him or her, as is considered appropriate in his or her case by the registered medical practitioner in charge of the case or by a registered medical practitioner to whose examination the person has submitted in accordance with this article (provided that he or she shall not be disqualified for receiving injury benefit or disablement benefit for refusal to undergo a surgical operation not being one of a minor character).

(2) A person shall be disqualified for receiving injury benefit or an increase of disablement benefit by way of incapacity supplement for such period not exceeding 9 weeks as may be determined under the Act if he or she fails without good cause—

(a) to comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or whom he or she attended for medical or other examination,

(b) to refrain from behaviour which is likely to hinder his or her recovery,

F16[(c) to see an officer of the Minister or a medical assessor and to answer any reasonable enquiries by any such officer or medical assessor relating to his or her claim for injury benefit or disablement benefit.]

(3) In any case to which sub-article (1) or sub-article (2) applies, proceedings on the claim for or the payment of injury benefit, disablement benefit, or an increase of disablement benefit by way of incapacity supplement, as the case may be, may be suspended for such period as may be determined under the provisions of the Principal Act.

(4) (a) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to injury benefit or disablement benefit to submit himself or herself to medical examination at such time and place as may be specified in the notice.

(b) Notice of the time and place of the examination referred to in paragraph (a), where such examination is of a person claiming or entitled to injury benefit or an increase of disablement benefit in respect of incapacity for work, shall also be sent to the registered medical practitioner in attendance on the person required to submit to such examination.

(c) Any reasonable and necessary travelling and other expenses (including, in the case of a person claiming or entitled to disablement benefit or an increase thereof, compensation for loss of remunerative time) incurred by a person in attending for, or submitting to, examination under paragraph (a) shall be paid by the Minister, who shall determine in any particular case what is a reasonable and necessary amount of expenses.

(5) A person may, with the prior written permission of an officer of the Minister and for a specified period of time undertake—

(a) work which is part-time and by way of rehabilitation or occupational therapy,

(b) where the person has become incapable of following his or her usual occupation a course of training with a view to fitting himself or herself to take up some other occupation.

(6) A person, claiming or in receipt of injury benefit, may engage in the following limited work without prior written permission or specified period of time—

(a) light work for which no remuneration is or would normally be payable,

(b) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,

(c) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.

(7) A person, claiming or in receipt of an increase of disablement pension by way of incapacity supplement, shall do no work unless it be work in respect of which his or her earnings do not, on the average, exceed €33 a week.