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ARTICLES. Article
Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942, as amended, and provision as to payments thereunder. 5. Compensation for loss
earnings. 6. Reference
applications for compensation for loss
earnings to the Board. 7. Limitations to payment
compensation for loss
earnings.
application for compensation for disablement to the Board. 10. Refusal
applications for compensation for disablement in case
failure to attend before the Board. 11. Re-examination
applicants. 12. Rate
compensation for disablement. 13. Limitations to payment
compensation for disablement. 14. Increase
compensation for loss
earnings and compensation for disablement for adult dependants. 15. Increase
compensation for loss
earnings and compensation for disablement for qualified children. 16. Increase
compensation for disablement where constant attendance is needed.
compensation
persons refusing medical or surgical treatment. 20. Assessment
disablement in certain circumstances. 21. Payment
travelling expenses etc.
legal personal representatives.
applications to the Board.
compensation
widow or widower for qualified children.
funeral expenses and medical expenses. 34. Form and time
application. 35. Commutation
allowances under this Scheme. 36. Provision against double payments
compensation. 37. Withholding
compensation in case
person becoming ordinarily resident outside the State. 38. Provision relating to payments on account
compensation.
compensation.
certain debts out
compensation.
assignment etc.
payments under this Scheme. 46. Forfeiture
compensation. 47. Powers
the Board and finality
their findings. 48. Payment
fees for medical examinations and reports.
grant
compensation. 51. Determination
questions. 52. Payments
compensation. CORRIGENDA S.I. No. 104
the Minister, calculated to lessen his disablement, then, whether or not that person has been awarded compensation under this Part
this Scheme, the Minister may, with the consent
the Minister for Finance, pay on behalf
that person or repay to that person, in respect
the cost
the appliance, such sum as the Minister may consider reasonable. Page 19. In paragraph
Page 24. Line eleven
should read as follows: "alternative compensation and, in case such person surrenders such". I, PATRICK S. DONEGAN, Minister for Defence, with the consent
the Minister for Finance, in exercise
the powers conferred on me by section 64
the Air-raid Precautions Act, 1939 (No. 21
1939), as amended by section 5
the Air-raid Precautions (Amendment) Act, 1946 (No. 28
1946), and the Air-raid Precautions Services (Compensation for Personal Injuries) (Transfer
Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 78
1973 ), hereby make the following Scheme: PART I.PRELIMINARY. 1 Short title. 1.
April, 1973. 2 Definitions. 2.
physical or mental capacity; "qualifying injury" means any personal injury (whether sustained before, on, or after the date
the commencement
this Scheme) to which section 64
the Air-raid Precautions Act, 1939 (No. 21
1939), as amended by section 5
the Air-raid Precautions (Amendment) Act, 1946 (No. 28
1946), applies, and which is sustained by an authorised member
an Air-raid Precautions Service established under a scheme approved by the Minister under section 13 or 38
that Act; "degree
disablement" means, in relation to a disabled person, the measure
disablement (expressed by way
percentage, one hundred per cent, representing total disablement) which is certified by the Board to be suffered by that person by a comparison
his condition as disabled with the condition
a normal healthy person
the same age and sex; "child qualified for the purposes
this Scheme" means a person who— ( a ) is under the age
eighteen years, ( b ) is ordinarily resident in the State, and ( c ) is not detained in a reformatory or an industrial school; "relative" means any person who is a child, grandchild, parent, grandparent, brother, sister, step-brother or step-sister
the person in relation to whom the word is used; "public moneys" means moneys provided by the Oireachtas or out
the Central Fund, or out
the funds
a local authority or out
the Social Insurance Fund established under the Social Welfare Act, 1952 (No. 11
1952), or the Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 (No. 16
1966), or moneys paid out
any fund declared under the Superannuation Act, 1892, to be a public fund.
a child qualified for the purposes
this Scheme shall, for the purposes
this Scheme, be decided in accordance with section 5
the Children's Allowances (Amendment) Act, 1946 (No. 8
1946), and the rules under that subsection.
this Scheme has been or becomes adopted pursuant to the Adoption Acts, 1952 and 1964, then for the purposes
this Scheme— ( a ) the child shall be treated as if he were the child
the adopter or adopters born to him, her or them in lawful wedlock and were not the child
any other person and, if he was an orphan qualified for the purposes
this Scheme immediately before the adoption, as having ceased to be such an orphan, and ( b ) if there is one adopter only, in any application after the adoption with respect to the child
the definition
"orphan qualified for the purposes
this Scheme" contained in Article 24
this Scheme, "the parent
whom is dead" shall be substituted in clause (a)
that definition for "both
whose parents are dead". 3 Persons to whom this Scheme applies. 3.
whom a direction has been given by the Minister under paragraph
this Article.
any person not ordinarily resident in the State, that this Scheme shall apply to that person. 4 Revocation
A.R.P. Services (Compensation for Personal Injuries) Scheme, 1942, as amended, and provision as to payments thereunder. 4.
1942), the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (First Amendment) Scheme, 1943 (S.R. & O., No. 415
1943), the Air-raid Precautions (Compensation for Personal Injuries) Scheme, 1942 (Second Amendment) Scheme, 1949 ( S.I. No. 43
1949 ) and the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (Third Amendment) Scheme, 1957 ( S.I. No. 50
1957 ), are hereby revoked.
earnings. 5.
this Scheme, compensation for loss
earnings may be paid, under this Part
this Scheme, to that person in respect
any day on which, as the result
the injury, he is incapable
work, provided that— ( a ) evidence
loss
earnings, in such form as the Minister may consider satisfactory, is furnished, ( b ) a medical certificate from a duly qualified medical practitioner is furnished with the application for compensation for loss
earnings and such medical certificates are furnished at such subsequent intervals as may be directed by the Minister, and ( c ) the compensation for loss
earnings shall not be payable for a period or periods exceeding in the aggregate twenty-six weeks in respect
the same injury.
compensation for loss
earnings shall be— ( a ) £13.65 in the case
a person aged eighteen years or over; ( b ) £10.45 in the case
a person aged less than eighteen years.
compensation for loss
earnings in respect
any day
incapacity for work shall be one-sixth
the appropriate weekly rate.
this Article, a person under the age
eighteen years to whom an increase in compensation for loss
earnings in respect
a qualified child or children so qualified or an adult dependant is payable (or would except for the provisions
paragraph
this Scheme be payable) shall, notwithstanding that he has not attained the age
eighteen years, be treated as if he had attained that age. 6 Reference
applications for compensation for loss
earnings to the Board. 6.
earnings be referred to the Board who shall report to the Minister on the application.
the examination to the Board and the report shall be in such form as the Board may direct.
earnings is already being paid, discontinue payment
that compensation, ( b ) where the Minister decides not to refuse the application or discontinue payment
compensation for loss
earnings, and such compensation is already being paid, the following provisions shall have effect:— (i) the Minister shall inform the Board
his decision, (ii) the Board shall with all convenient speed again summon the applicant for examination, (iii) if the applicant fails or refuses to attend for the examination, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application or discontinue payment
compensation for loss
earnings, where that compensation is already being paid, ( c ) where the Minister refuses the application or discontinues payment
compensation for loss
earnings, the applicant shall not, unless the Minister so permits, be entitled to renew his application or reopen the case. 7 Limitations to payment
compensation for loss
earnings. 7.
earnings, shall not be payable to any person during any period in respect
which disability benefit or injury benefit is, by reason
his having sustained a qualifying injury, payable to him under the Social Welfare Acts 1952 to 1972, in excess
the amount (if any) by which that benefit falls short
the appropriate rate
compensation for loss
earnings including any increase thereof.
compensation for loss
earnings, including any increase thereof, shall not exceed the beneficiary's weekly earnings, overtime being disregarded, from employment at the time he sustained the injury to which the compensation relates. 8 Compensation for disablement. 8.
the injury, then, subject to the provisions
this Scheme, compensation for disablement may be paid, under this Part
this Scheme, to that person in respect
the disablement.
any period during which the person is in receipt
compensation for loss
earnings under Article 5
this Scheme in respect
the same injury. 9 Reference
applications for compensation for disablement to the Board. 9.
the disablement.
disablement shall be assessed by the Board by reference to the aggregate disablement caused by the injuries in combination.
disablement, whether on the first making
the application or on a subsequent review, ( b ) the applicant's degree
disablement is assessed at less than one hundred per cent., and ( c ) it appears to the Board that, having regard to the nature
the qualifying injury and the class
employment which the person was engaged in prior to the qualifying injury, the applicant is totally unfitted, as a consequence
the qualifying injury, for such class
employment, and that he has been unable to obtain work in such employment, the Board may, if they think fit, assess his degree
disablement as one hundred per cent.
applications for compensation for disablement in case
failure to attend before the Board. 10. Where an applicant for compensation for disablement is summoned by the Board to attend for medical examination and fails or refuses to attend for that examination, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect:— ( a ) the Minister may refuse the application, ( b ) where the Minister decides not to refuse the application, the following provisions shall have effect:— (i) the Minister shall inform the Board
his decision, (ii) the Board shall, not later than three months after being so informed, again summon the applicant to attend for medical examination, (iii) if the applicant fails or refuses to attend for the examination, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application, ( c ) where the Minister refuses the application, the applicant shall not, unless the Minister so permits, be entitled to renew his application. 11 Re-examination
applicants. 11.
this Scheme, or granted, the Minister may request the Board to examine or re-examine the applicant or cause him to be examined or re-examined, and the Board shall comply with such request and report the result
such examination or re-examination to the Minister.
such compensation as on and from the date
such failure or refusal. 12 Rate
compensation for disablement. 12.
compensation in the case
total disablement shall be— ( a ) £6.10 in the case
a person aged less than eighteen years— (
compensation for loss
earnings, an increase
compensation for loss
earnings in respect
a child qualified for the purposes
this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions
paragraph
this Scheme be payable), and ( b ) £8.10 in any other case.
compensation in any case
disablement less than total disablement shall be a rate bearing the same proportion to £6.10 or £8.10, as appropriate, as the degree
disablement bears to one hundred per cent.
compensation for disablement payable to a person whose disablement is less than total disablement shall not be less than £0.50 a week.
a qualifying injury, and the examination or treatment involves his absence from home, the person shall be deemed, for the purposes
this Part
this Scheme, to be totally disabled during the period
absence. 13 Limitations to payment
compensation for disablement. 13.
any period for which compensation for disablement is payable to a person in respect
a qualifying injury, disability benefit, injury benefit, disablement benefit or invalidity pension under the Social Welfare Acts, 1952 to 1972 or sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, is also payable, by reason
his having sustained such injury, and the aggregate payments would otherwise exceed— ( a ) (i) £10.45 a week in the case
a person aged less than eighteen years— (I) or being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, or (II) other than a person to whom, if in receipt
compensation for loss
earnings, an increase
compensation for loss
earnings in respect
a child qualified for the purposes
this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions
paragraph
this Scheme be payable), and (ii) £13.65 a week in any other case, or ( b ) the beneficiary's weekly earnings, overtime being disregarded, from employment at the time he sustained the injury, whichever is the greater, the weekly rate
compensation for disablement shall be reduced in respect
that week by the amount
the excess.
the limitation mentioned in paragraph
this Article may be increased correspondingly having regard to wage increases subsequently granted in the relevant employment, and, where appropriate, having regard to a person's reasonable prospects
advancement to full adult rate
remuneration. 14 Increase
compensation for loss
earnings and compensation for disablement for adult dependants. 14.
this Article, the weekly rate
compensation for loss
earnings shall be increased by £3.75 for any period during which— ( a ) the beneficiary is living with or wholly or mainly maintaining his wife, ( b ) the beneficiary is wholly or mainly maintaining her husband who is incapable
self-support by reason
physical or mental infirmity, or ( c ) the beneficiary, being a single man or a widower, is maintaining wholly or mainly a female person over the age
sixteen years having the care
one or more than one child qualified for the purposes
this Scheme who normally resides or reside with him, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase
compensation for loss
earnings in respect
more than one person specified in subparagraph (c)
this paragraph.
this Article, paragraph
this article shall, for any period for which the beneficiary is incapable
work as a result
a qualifying injury or is required to undergo examination or treatment in respect
a qualifying injury and the examination or treatment involves his absence from home, apply to compensation for disablement as it applies to compensation for loss
earnings.
compensation for loss
earnings or compensation for disablement shall not be payable under this Article for any period for which an increase
benefit or pension under the Social Welfare Acts, 1952 to 1972, or the Old Age Pensions Acts, 1908 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article
this Scheme in respect
the same person is payable to the beneficiary, in excess
the amount (if any) by which that increase
benefit, pension, assistance or compensation falls short
the increase
compensation for loss
earnings or compensation for disablement payable under this Article. 15 Increase
compensation for loss
earnings and compensation for disablement for qualified children. 15.
this Article, the weekly rate
compensation for loss
earnings shall be increased by £1.35 in respect
a child qualified for the purposes
this Scheme or each
two children so qualified who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by £1 in respect
each such child in excess
two.
this Article, paragraph
this Article shall, for any period for which the beneficiary is incapable
work as a result
a qualifying injury or is required to undergo examination or treatment in respect
a qualifying injury and the examination or treatment involves his absence from home, apply to compensation for disablement as it applies to compensation for loss
earnings.
compensation for loss
earnings or compensation for disablement shall not be payable under this Article for any period for which an increase
benefit, pension or allowance under the Social Welfare Acts, 1952-1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article
this Scheme, in respect
the same person or persons is payable to the beneficiary, in excess
the amount (if any) by which that increase
benefit, pension, allowance, assistance or compensation falls short
the increase
compensation for loss
earnings or compensation for disablement payable under this Article. 16 Increase
compensation for disablement where constant attendance is needed. 16.
an assessment
one hundred per cent., then, if as a result
the disablement the beneficiary requires constant attendance, the weekly rate
compensation may, with the consent
the Minister for Finance, be increased by an amount to be determined by reference to the extent and nature
the attendance required by the beneficiary, subject to the limitation that the amount shall not exceed £3, except in cases
exceptionally severe disablement, or £4 in any case.
compensation in respect
constant attendance shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time; provided that no increase shall be payable in respect
any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution. 17 Adjustments for separate qualifying injuries. 17.
earnings and compensation for disablement at an aggregate weekly rate exceeding— (i) £13.65 in the case
a person aged eighteen years or over; (ii) £10.45 in the case
a person aged less than eighteen years, ( b ) any increase
compensation payable under Articles 14, 15 and 16
this Scheme or the conditions for the receipt thereof may be adjusted in such manner as the Minister may determine.
this Article, a person under the age
eighteen years to whom, if in receipt
compensation for loss
earnings, an increase
compensation in respect
a child qualified for the purposes
this Scheme or children so qualified or an adult dependent would be payable (or would except for the provisions
paragraps
this Scheme be payable) shall, notwithstanding that he has not attained the age
eighteen years, be treated as if he had attained that age. 18 Payment for medical or surgical treatment, hospital maintenance or medical or surgical appliances. 18.
such qualifying injury, then, whether or not the person has been awarded compensation under this Part
this Scheme, the Minister may, with the consent
the Minister for Finance, pay for or on behalf
that person or repay to that person, in respect
any fees due or paid for the treatment or in respect
maintenance while undergoing the treatment, such sums as the Minister may consider reasonable.
the Minister, calculated to lessen his disablement, then, whether or not that person has been awarded compensation under this Part
this Scheme, the Minister may, with the consent
the Minister for Finance, pay on behalf
that person or repay to that person, in respect
the cost
the appliance, such sum as the Minister may consider reasonable.
the Minister for Finance, may, to such extent as he thinks fit, defray the cost
any medical or surgical treatment undergone, by direction
the Minister acting on the advice
the Board, by any person to whom this Scheme applies and who sustains a qualifying injury, in a hospital, nursing home or like institution or in the person's house and also the cost
maintenance
the person while undergoing or while detained in any such institution for the purposes
such treatment and also any travelling expenses incurred in the travelling or conveyance
the person to or from any place for the purposes
such treatment.
the Minister for Finance, supply to any person to whom this scheme applies and who has sustained a qualifying injury such surgical and medical appliances as his case may require and may provide for the repair and renewal
any such appliances. 19 Suspension or reduction
compensation
persons refusing medical or surgical treatment. 19. Where the Board certify in respect
any person to whom compensation is payable under this Part
this Scheme that it is desirable, in such person's interest, that he should undergo medical or surgical treatment for his injury or disablement and the Minister
fers to provide such treatment and the person refuses to undergo such treatment and the Minister considers that the refusal is unreasonable, the Minister may suspend or withold the payment
such compensation or reduce it by such amount as he thinks fit for so long as such person so refuses. 20 Assessment
disablement in certain circumstances. 20. Where a person was, at the date
the receipt by him
an injury in respect
which compensation for disablement may be awarded to him, in receipt
a pension payable out
public moneys (otherwise than under this Scheme) in respect
a disability suffered by him, his degree
disablement shall not be assessed for the purposes
an award
compensation under this Scheme at a degree which, together with the degree
disablement at which his disability was, or could have been, assessed for the purposes
the said pension payable to him out
public moneys, amounts to a degree higher than one hundred per cent. 21 Payment
travelling expenses, etc. 21. The Minister may make payments, at such rates as may be sanctioned by the Minister for Finance, for travelling expenses, subsistence allowances and hospital maintenance in respect
— ( a ) persons attending for surgical or medical examination or treatment, or ( b ) persons accompanying persons so attending in any case where the Minister is satisfied that it is in the interest
the person so attending that he be so accompanied. 22 Power to require applicant to furnish certain particulars. 22. The Minister may require any applicant for compensation to furnish from time to time particulars
his employment before or after the date
the injury in respect
which the application was made. 23 Payments in default
legal personal representatives. 23. Where upon the death
a person to whom compensation or a lump sum in lieu
compensation is payable, a sum not exceeding five hundred pounds is due to his estate on account thereof, the Minister may, if representation has not been raised to the estate
that person without requiring such representation to be raised, pay such sum to such person or persons as appear to the said Minister, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive the same, and any such payment shall be a good discharge to the Minister for the sum paid. PART IIICOMPENSATION IN FATAL CASES 24 Interpretation. 24. In this Part
this Scheme— "parent" includes a step-parent and shall, if the deceased person was adopted pursuant to the Adoption Acts, 1952 and 1964, include the adopters or adopter, and "father" and "mother" shall be construed accordingly; "parent", if the deceased person was illegitimate, shall refer to the mother
the deceased; "child qualified for the purposes
this Scheme" includes a person over the age
eighteen years and under the age
twenty-one years who is receiving full-time instruction by day at any university, college, school or other educational establishment, "orphan qualified for the purposes
this Scheme" means— ( a ) a child qualified for the purposes
this Scheme, being a legitimate child, both
whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or ( b ) a child qualified for the purposes
this Scheme, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband
his mother, does not normally reside with that husband or a woman married to and living with that husband; "public moneys" includes moneys provided by a board or body established by or under an Act
the Oireachtas or Saorstát Éireann statute or by a company (in this definition called a State-sponsored company) incorporated under the Companies Act, 1963 (No. 33
1963), in which the majority
the ordinary shares are held by or on behalf
a Minister
State or by a company in which the majority
the ordinary shares are held by or on behalf
a State-sponsored company, any board or body aforesaid. 25 Compensation in fatal cases. 25.
a person to whom this Scheme applies, and ( a ) the Minister is satisfied that the person died as a result
a qualifying injury which was sustained otherwise than as a result
that person's serious negligence or misconduct or ( b ) the Board report to the Minister that the person died as a result
a qualifying injury so sustained, compensation may, subject to the provisions
this Scheme, be paid under this Part
this Scheme in respect
the death
that person.
this Scheme "compensation" means compensation under this Part
this Scheme. 26 Reference
applications to the Board. 26. Every application for compensation in respect
the death
a person other than a person who was killed outright shall, unless the Minister is satisfied that the deceased was not a person to whom this Scheme applies or that the deceased did not sustain a qualifying injury or that the deceased sustained a qualifying injury which was due to the deceased's serious negligence or misconduct, be referred to the Board, who shall ascertain and report to the Minister whether the death was due to a qualifying injury. 27 Compensation—widows. 27.
the death
a person and that person leaves a widow she shall be paid compensation at the weekly rate
£7.60 if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.
public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article, including any increase thereof, may be abated to such extent as the Minister, with the consent
the Minister for Finance, may determine.
the widow.
the death
a person and that person leaves a widower, he shall be paid compensation if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained.
a widower who was, at the death
the deceased, incapable
self-support by reason
some physical or mental infirmity and likely to remain permanently so incapable, compensation shall be at the weekly rate
£7.60 for so long as he remains incapable
self-support by reason
that infirmity.
any other widower, compensation shall be a gratuity
£395.
public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article, including any increase thereof, may be abated to such extent as the Minister, with the consent
the Minister for Finance, may determine. 29 Increase
compensation
widow or widower for qualified children. 29.
compensation under Article 27 or Article 28
this Scheme shall be increased by £1.50 in respect
each child qualified for the purposes
this Scheme who normally resides with the beneficiary and who— ( a ) normally resided with the beneficiary or the deceased immediately before the death
the deceased, or ( b ) being a child, grandchild or step-child
the deceased or
the beneficiary, became normally resident with the beneficiary subsequent to the death
the deceased, or ( c ) was adopted by the beneficiary pursuant to the provisions
the Adoption Acts, 1952 and 1964, subsequent to the death
the deceased.
compensation shall not be payable under this Article for any period or which an increase
benefit, pension or allowance under the Social Welfare Acts, 1952 to 1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or unemployment assistance under the Unemployment Assistance Acts, 1933 to 1972, or compensation under any other Article
this Scheme in respect
the same person or persons is payable to the beneficiary, in excess
the amount (if any) by which that increase
benefit, pension, allowance, assistance or compensation falls short
the increase
compensation payable under this Article. 30 Compensation—parents and certain relatives. 30.
the death
a person and that person leaves surviving him a parent, who at the deceased's death was wholly or mainly maintained by the deceased or would, but for the relevant accident, have been so maintained, compensation shall be payable to the parent.
his death a married person, the compensation payable under this Article shall be at the weekly rate
£2.80.
his death a widower, widow or an unmarried person, the compensation payable under this Article shall be— ( a ) where the parent is the father— (i) at the weekly rate
£7.60, if he was, at the death
the deceased, incapable
self-support by reason
some physical or mental infirmity and likely to remain permanently so incapable, (ii) at the weekly rate
£2.80, in any other case; ( b ) where the parent is the mother, having been at the death
the deceased a widow or having thereafter become a widow, at the weekly rate
£7.60, and ( c ) where the parent is the mother and is not a widow— (i) at the weekly rate
£2.80, if her husband is being paid compensation under paragraph 3 (a) (i)
this Article, or (ii) at the weekly rate
£7.60, in any other case.
£7.60 under paragraph
this Article is payable ceases at any time to be incapable
self-support by reason
some physical or mental infirmity, compensation shall thereafter be payable at the weekly rate
£2.80 and if at that time compensation at the weekly rate
£2.80 under paragraph
this Article is payable to his wife, that compensation shall thereafter be payable at the weekly rate
£7.60.
the death
a person, and ( b ) the person leaves surviving him a widow or widower, and ( c ) the person also leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained, there shall be payable to each such relative, so long as he is incapable
self-support by reason
some physical or mental infirmity— (i) in case he is for the time being living with the widow or widower, compensation at the weekly rate
£1.50, and (ii) in any other case, compensation at the weekly rate
£2.80.
the death
a person, and ( b ) the person was at the date
his death unmarried or a widow or a widower, and ( c ) the person leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained, there shall be payable to each such relative, so long as he is incapable
self-support by reason
some physical or mental infirmity, compensation at the weekly rate
£2.80.
two or more persons who have died as a result
qualifying injuries, the relative may be treated for the purposes
this Article as having received from the last
those persons to die contributions to his maintenance equal to the aggregate amount which the deceased persons were together contributing before the qualifying injuries were sustained, and as having received nothing from the other or others.
public moneys to a person otherwise than under this Scheme, compensation payable to that person under this Article may be abated to such extent as the Minister, with the consent
the Minister for Finance, may determine.
a deceased person shall be payable under paragraph
this Article to a relative
the deceased if that relative is a parent or child qualified for the purposes
this Scheme
the deceased.
this Article ceases to be payable, the right to such compensation shall not, unless the Minister, with the consent
the Minister for Finance, otherwise determines, subsequently revive. 31 Compensation—orphan children. 31.
an orphan qualified for the purposes
this Scheme who is a child or step-child
the deceased, and in respect
an orphan so qualified who was wholly or mainly maintained by the deceased at the date
his death.
an orphan, compensation shall be at the weekly rate
£4.10.
paragraph
this Article, compensation payable under this Article shall be paid to the guardian
the orphan in respect
whom the compensation is payable.
being paid to the guardian
the orphan in respect
whom the compensation is payable, be paid to some other person for the benefit
the orphan.
benefit, pension or allowance under the Social Welfare Acts, 1952 to 1972, the Old Age Pensions Acts, 1908 to 1972, or the Widows and Orphans Pensions Acts, 1935 to 1972, or compensation under any other Article
this Scheme in respect
the same person or persons is payable, in excess
the amount (if any) by which that increase
benefit, pension, allowance or compensation falls short
the increase
compensation payable under this Article. 32 Compensation—partial dependants. 32.
the death
any person and that person leaves surviving him any partial dependants, the Minister may, with the consent
the Minister for Finance, award as compensation to each or any
those partial dependants whose circumstances appear to him to merit the making
an award under this Article such lump sum as he thinks fit, but the total amount
the sums so awarded in respect
the deceased shall not exceed £900.
the following shall be deemed for the purposes
this Article to be a partial dependant
a deceased person— ( a ) the widow
the deceased if she was at the date
the deceased's death maintained (otherwise than wholly or mainly) by the deceased, or would but for the relevant accident have been so maintained, ( b ) the widower
the deceased if he was at the date
the deceased's death partially dependent on the deceased, or would but for the relevant accident have been so dependent, ( c ) any relative
the deceased if he was at the date
the deceased's death partially dependent on the deceased, or would but for the relevant accident have been so dependent, ( d ) any child
the deceased born after the date
the deceased's death if the mother
the child was at that date maintained (otherwise than wholly or mainly) by the deceased, or would but for the relevant accident have been so maintained, or if the Minister is satisfied that at the date
birth the child would have been maintained (otherwise than wholly or mainly) by the deceased if the deceased had been alive on the date
birth.
the deceased's death)
a deceased person shall not for the purposes
subparagraph (b) or (c)
paragraph
this Article be deemed to have been partially dependent on the deceased unless such widower or relative was at the date
the deceased's death dependent partially on contributions from the deceased for the provision
the ordinary necessaries
life, insurance being deemed for this purpose to be one
the ordinary necessaries
life, or would but for the relevant accident have been so dependent. 33 Payment
funeral expenses and medical expenses. 33.
the death
a person who leaves any dependant, the Minister may, with the consent
the Minister for Finance, pay or repay, in respect
the funeral expenses
that person, such sum as he considers reasonable.
the death
a person but for the fact that he leaves no dependant, the Minister may, in respect
the expenses incurred for medical attendance and burial
that person, pay such sum (not exceeding one hundred 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, to the persons who paid them, in such shares as, in default
agreement between those persons, the Minister thinks proper.
a deceased person shall be construed as references to any person who is the widow or widower or a relative
the deceased and who was at the date
the deceased's death dependent on the deceased, or would but for the relevant accident have been so dependent. PART IV.GENERAL PROVISIONS. 34 Form and time
application. 34. Save where the Minister, in any particular case and having regard to special circumstances otherwise directs, no compensation shall be payable under this Scheme in respect
a qualifying injury unless— ( a ) an application therefor is made in such form as may be required by the Minister, and ( b ) such application is made— (i) in case the injury was sustained before the 1st day
April, 1973, within six months after that date, or (ii) in case the injury was sustained on or after the said date, within six months after the date on which the injury was sustained. 35 Commutation
allowances under this Scheme. 35. Where compensation in the form
a continuing allowance is payable to any person under this Scheme and that person so desires, the Minister may, with the consent
the Minister for Finance, commute the compensation by the payment
such sum as may be agreed upon by the Minister and such person. 36 Provision against double payments
compensation. 36. Where— ( a ) compensation under Part II
this Scheme is payable to a person in respect
a qualifying injury, and ( b ) compensation (in this paragraph referred to as the alternative compensation and including any benefit payable under the Social Welfare (Occupational Injuries) Act, 1966 , as amended,) is also payable apart from this Scheme to that person in respect
that injury out
public moneys, compensation under the said Part II shall not be paid to that person unless that person surrenders his right or foregoes his claim to the alternative compensation and, in case any such person surrenders such right or foregoes such claim, any payments previously made on foot
the alternative compensation shall be treated as payments on foot
the compensation under the said Part II. 37 Withholding
compensation in case
person becoming ordinarily resident outside the State. 37. The Minister may withhold or cancel payment
any compensation under this Scheme if he is satisfied that the person to whom the compensation is payable has become ordinarily resident outside the State. 38 Provision relating to payments on account
compensation. 38. Where a qualifying injury is sustained by any person in circumstances entitling him or his dependants to compensation under this Scheme, and any payment has been made out
public moneys on account
such injury, the Minister may withhold or reduce to the extent necessary to recover such payment any compensation payable under this Scheme in respect
such injury. 39 Provision for taking damages into account. 39. Where an injury for which compensation is payable to or in respect
a person under this Scheme was caused in circumstances creating a legal liability in some party other than the Minister to pay damages in respect thereof, then, if the injured person or, in the case
a deceased person, the dependants
the deceased, recover damages or receive a composition
the claim for damages from such party in respect
the injury or death, the Minister may take the weekly value (which shall be calculated in such manner as the Minister directs)
the whole or such part as the Minister may think fit
such damages or composition into account for the purpose
securing that compensation shall be paid under this Scheme only to the extent to which the weekly value
the damages or composition falls short
such compensation. 40 Administration
compensation. 40.
compensation has been made under this Scheme is incapable
giving a receipt for the payment or payments to be made under such award, the Minister may make such payment or payments either to the institution or the person having the care
the grantee or for the benefit
such person or persons as the Minister considers to be dependants
the grantee or may make such payment or payments partly to such institution or person having the care
the grantee and partly to such persons as the Minister considers to be dependants
the grantee, and in such manner as the Minister thinks fit.
any other State or from any other authority outside the State compensation in respect
a qualifying injury, the following provisions shall have effect: ( a ) the compensation so recovered shall be paid into or disposed
for the benefit
the Exchequer in such manner as the Minister for Finance shall direct; ( b ) if any person has been awarded or may be awarded compensation under this Scheme in respect
such injury and the compensation so recovered from such government or other authority exceeds the compensation under this Scheme, the Minister may add to the said compensation under this Scheme such sum not exceeding the excess as the Minister for Finance shall approve. 42 Payment
certain debts out
compensation. 42. Where compensation (including an addition thereto under Article 41
this Scheme) is payable under this Scheme and any money is owing by the person to whom the compensation is so payable to a Minister
State, the Revenue Commissioners, the Commissioners
Public Works in Ireland or the Irish Land Commission, it shall be lawful for the Minister to pay and discharge out
the said compensation the money so owing by that person and to pay to that person only the balance (if any)
the said compensation remaining after such payment and discharge. 43 Declarations and certificates which may be required. 43.
such compensation or lump sum is to be made shall, if and when required by the Minister so to do, subscribe such declaration in relation to the compensation as the Minister may direct.
this Article by a person who is not the person to whom the compensation or lump sum has been awarded, there shall be furnished, if and when required by the Minister, such certificate as the Minister may direct.
the compensation or lump sum may be withheld until the requirements
the Minister under this Article have been complied with. 44 False declarations. 44.
any compensation in the form
a continuing allowance obtained by reason
a false statement and such person is convicted
an
fence (based on the making, signing, or using any written statement in contravention
paragraph
this Article), he shall forfeit such compensation as on and from the date
such conviction. 45 Prohibition
assignment, etc.
payments under this Scheme. 45.
and every charge on and every agreement to assign or charge any payment under this Scheme shall, except so far as the same is authorised by an Act
the Oireachtas for the time being in force, be null and void.
being taken in execution or otherwise alienated by process
law for the discharge
any debts or liabilities
the person to whom such payment is due.
this Scheme,
moneys owing to a Minister
State, the Revenue Commissioners, the Commissioners
Public Works in Ireland or the Irish Land Commission. 46 Forfeiture
compensation. 46.
a continuing allowance has been awarded under this Scheme is, during the continuance
such compensation, convicted
any crime or
fence by a court and is sentenced by that court for that
fence to imprisonment for any term exceeding three months, or to penal servitude for any term, the compensation so granted to that person shall be forfeited as from the date
the conviction.
compensation under this Scheme consequent on the conviction and sentence shall be deemed to have been quashed and annulled also, and such compensation shall thereupon be revived and payable together with all arrears thereof accruing since the date
such conviction. 47 Powers
the Board and finality
their findings. 47.
carrying out the duties imposed on them by this Scheme, make all such enquiries, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise, as they may deem necessary, and travelling expenses may be paid to such witnesses at such rates as the Minister for Finance may approve.
the Board under this Scheme shall be final. 48 Payment
fees for medical examinations and reports. 48.
the Minister for Finance, pay such fees as he considers reasonable for— ( a ) examinations carried out and reports furnished by a Medical Examiner by direction
the Board, ( b ) reports furnished by other duly qualified medical practitioners by direction
the Board. ( c ) reports furnished by other duly qualified medical practitioners in support
applications by persons to whom compensation is payable under this Scheme, ( d ) other reports obtained by the Board with the sanction
the Minister or furnished by the applicant at the request
the Minister for the purposes
investigating applications for compensation under this Scheme.
a death in respect
which compensation is payable under this Scheme, the Minister may, with the consent
the Minister for Finance, make such payment as he considers reasonable in respect
expenses incurred in obtaining such reports.
the Minister for Finance, 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
the Minister, for the purpose
investigating applications for compensation. 49 General provisions as to awards under this Scheme. 49. Notwithstanding anything contained in this Scheme, the Minister may, with the consent
the Minister for Finance— ( a ) make awards
compensation provisionally or upon any other basis and for such period and
such amount and at such rate as he may think fit, but no award shall be made for a period or
an amount or at a rate exceeding the period, amount or rate authorised by this Scheme in the case
that award, ( b ) at any time review any award made under this Scheme and, if it appears to him that by reason
any mistake
fact, any change in the condition or circumstances
the person to or in respect
whom the award was made, or any other reason which appears to him sufficient, it is expedient so to do, increase, reduce or cancel such compensation, but no compensation shall be increased to a rate or amount exceeding the rate or amount authorised by this Scheme in the case
that award. 50 Refusal
grant
compensation. 50. Where compensation may be granted under this Scheme, the Minister may, where he is satisfied that a claim has been based on false statements, made in regard to any material circumstance, refuse to make the grant. 51 Determination
questions. 51.( a ) All questions arising under this Scheme (other than questions determinable under this Scheme by the Board and questions in relation to which the consent
the Minister for Finance is required) shall be determined by the Minister, whose decision shall be final. ( b ) The decision
the Minister for Finance on all questions in relation to which his consent is required shall be final. 52 Payments
Compensation 52. All compensation and other payments under this Scheme shall be paid out
moneys provided by the Oireachtas. GIVEN under my
ficial Seal this 19th day
April, 1973. PATRICK S. DONEGAN The Minister for Finance hereby consents to the foregoing Scheme. GIVEN under the
ficial Seal
the Minister for Finance, this 19th day
April, 1973. RICHIE RYAN EXPLANATORY NOTE. This statutory instrument provides for the payment
compensation, medical and other expenses, in respect
death or personal injuries sustained by members
Air-raid Precautions Services. It replaces an earlier scheme
compensation. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.