(2)Where a person is granted, after the date of the qualifying injury and by reason of his having sustained such injury, sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, no basic compensation shall be payable in excess of the amount (if any) by which such sick pay, pension or allowance (expressed as a weekly rate) falls short of the appropriate

(3)Where unemployment assistance is payable to a person in respect of any period after the date of the qualifying injury, no basic compensation shall be payable in excess of the amount (if any) by which the weekly rate of unemployment assistance payable to him falls short of the appropriate

(1), of the words " or the Parliamentary Secretary to the Minister for Defence ". 10. Article 23 of the Principal Scheme shall have effect as if the following paragraphs were inserted in lieu of paragraphs

(6)and

(7)— "

(6)Where— (

1. a)compensation is payable in respect of the death of a person, and (
2. b)the person was at the critical date unmarried or a widow or a widower, and (
3. c)the person leaves any relatives who were at the critical date wholly dependent on the person, there shall be payable as compensation to each such relative, so long as he or she is incapable (owing to physical or mental infirmity) of earning, an allowance of seven shillings and sixpence a week. "

(7)A child of a deceased person born after the critical date, but not later than nine months after the critical date, shall be deemed for the purposes of this Article to have been wholly dependent on the deceased at the critical date if the mother of the child was at the critical date wholly or mainly maintained by the deceased or if the Minister is satisfied that at the date of birth the child would have been wholly or mainly maintained by the deceased if the latter had been alive at that date." 11. Article 24 of the Principal Scheme shall have effect as if the following subparagraph were inserted in lieu of subparagraph (d) of paragraph

(2)— "(d) any child of the deceased born after the critical date, but not later than nine months after the critical date, if the mother of the child was at the critical date maintained (otherwise than wholly or mainly) by the deceased or if the Minister is satisfied that at the date of birth the child would have been maintained (otherwise than wholly or mainly) by the deceased if the latter had been alive on the date of birth." 12. Article 25 of the Principal Scheme shall have effect as if there were inserted in lieu of paragraph

(2)the following paragraph— "

(2)Where compensation would be payable in respect of the death of a person but for the fact that he leaves no dependant, the Minister may, in respect of the expenses incurred for medical attendance and burial of such person, pay such sum (not exceeding twenty-five pounds) as he considers reasonable, and any such sum shall be paid to the persons to whom the said expenses are due or, if they have been paid, the persons who paid them, in such shares as, in default of agreement between those persons, the Minister thinks proper." 13. The Principal Scheme shall have effect as if there were inserted after Article 39 the following Article— "39. A.—

(1)The Minister may pay such fees as he considers reasonable for (

1. a)examinations carried out and reports furnished by a Medical Examiner by direction of the Board, (
2. b)reports furnished by other duly qualified medical practitioners by direction of the Board, (
3. c)reports furnished by other duly qualified medical practitioners in support of applications by persons to whom compensation is payable under this Scheme, (
4. d)other reports obtained by the Board with the sanction of the Minister or furnished by the applicant at the request of the Minister for the purposes of investigating applications for compensation under this Scheme. "

(2)Where medical reports have been obtained and furnished in connection with a claim for compensation arising out of a death in respect of which compensation is payable underthis Scheme, the Minister may make, in respect of expenses incurred in obtaining such reports, such payment as he considers reasonable. "

(3)The Minister may pay such fees as are prescribed by law, or if no fees are so prescribed, such fees as he considers reasonable, for such reports other than reports by duly qualified medical practitioners, as may be obtained by the Board, with the sanction of the Minister, for the purpose of investigating applications for compensation."

1. Article 15 of the Principal Scheme is hereby revoked. GIVEN under my Official Seal, this 8th day of December,
2. SEÁN T. Ó CEALLAIGH, Minister for Finance. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais