Social Welfare (Occupational Injuries) Act, 1966

Social Welfare (Occupational Injuries) Act, 1966 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1966 Social Welfare (Occupational Injuries) Act, 1966 Social Welfare (Occupational Injuries) Act, 1966 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 16 of 1966. SOCIAL WELFARE (OCCUPATIONAL INJURIES) ACT, 1966 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Occupational injuries insurance. 3. Insurable (occupational injuries) employment. 4. Extension of meaning of references to arising out of and in the course of employment. 5. Accidents in course of illegal employment, etc. 6. Accidents outside the State. 7. Occupational injuries benefit. 8. Injury benefit. 9. Disablement benefit. 10. Increase of injury benefit and disablement pension for adult dependants. 11. Increase of injury benefit and disablement pension for child or children qualified for purposes of this Act. 12. Increase of disablement pension on account of unemployability. 13. Increase of disablement pension where constant attendance needed. 14. Increase of disablement benefit during approved hospital treatment. 15. Adjustments for successive accidents. 16. Entitlement to death benefit. 17. Death benefit—widows. 18. Death benefit—widowers. 19. Death benefit—increase of pension of widow or widower for child or children qualified for purposes of this Act. 20. Death benefit—parents. 21. Death benefit—orphans qualified for purposes of this Act. 22. Death benefit—funeral expenses. 23. Insurance against prescribed diseases and injuries not caused by accident. 24. Supplements to workmen's compensation payments. 25. Limitation of benefits by pre-accident earnings. 26. Payment of cost of medical care. 27. Notice of accidents. 28. Reporting of accidents by employers. 29. Declaration that accident is an occupational accident. 30. Extension of section 47 of Principal Act with respect to certain payments. 31. Disqualifications for injury benefit or disablement benefit and suspensions of proceedings. 32. Treating person as incapable of work, etc. 33. Medical treatment and approved hospital treatment. 34. Rehabilitation. 35. Research. 36. Employment contributions. 37. Occupational Injuries Fund. 38. Modification of sections 44, 45 and 46 of Principal Act. 39. Taking of benefit into account in assessing damages. 40. Repeals. 41. Power to remove difficulties. 42. Amendment of Local Government (Superannuation) Act, 1956. 43. Short title, construction and collective citation. Acts Referred to Social Welfare Act, 1952 1952, No. 11 Workmen's Compensation Act, 1934 1934, No. 9 Workmen's Compensation Act, 1906 1906, c. 58 Children's Allowances (Amendment) Act, 1946 1946, No. 8 Superannuation Act, 1887 1887, c. 67 Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1952 S.I. No. 373 of 1952 Pilotage Act, 1913 1913, sess. 1, c. 31 Mental Treatment Act, 1945 1945, No. 19 Health Act, 1953 1953, No. 26 Civil Liability (Amendment) Act, 1964 1964, No. 17 Civil Liability Act, 1961 1961, No. 41 Local Government (Superannuation) Act, 1956 1956, No. 10 Number 16 of 1966. SOCIAL WELFARE (OCCUPATIONAL INJURIES) ACT, 1966 AN ACT TO EXTEND THE SYSTEM OF SOCIAL INSURANCE ESTABLISHED BY THE SOCIAL WELFARE ACT, 1952 , SO AS TO APPLY IN RELATION TO OCCUPATIONAL INJURIES AND DISEASES, TO REPEAL THE WORKMEN'S COMPENSATION ACTS, 1934 TO 1955, AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [6th July, 1966.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation. 1.—(1) In this Act, save where the context otherwise requires— “the Acts” means the Social Welfare Acts, 1952 to 1966; “apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation; “approved hospital treatment” has the meaning specified in subsection (2) of section 33; “child qualified for the purposes of this Act” means a person who— (a) is under the age of eighteen, (b) is ordinarily resident in the State, (c) is not detained in a reformatory or an industrial school, and (d) if not under the age of sixteen— (i) is undergoing full-time instruction in a day school, (ii) is an apprentice either not remunerated or at a rate of remuneration not exceeding fifty shillings per week, or (iii) is, by reason of physical or mental infirmity, incapable of engaging in any remunerative occupation and likely to remain so incapable for a prolonged period; “claimant” means a person claiming occupational injuries benefit, and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be construed accordingly; “the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable; “disablement gratuity” has the meaning specified in subsection (7) of section 9; “disablement pension” has the meaning specified in subsection (8) or subsection (9) of section 9; “injury benefit period” means, in relation to any accident, the period of one hundred and fifty-six days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under subsection (2) of section 9 of this Act, disablement benefit in respect of the accident is not available to the insured person; “insurable (occupational injuries) employment” has the meaning specified in section 3; “medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly; “medical treatment” has the meaning specified in subsection (1) of section 33; “occupational accident” has the meaning specified in section 29; “occupational injuries insurance” has the meaning specified in subsection (2) of section 2; “orphan qualified for the purposes of this Act” means— (a) a child qualified for the purposes of this Act, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or (b) a child qualified for the purposes of this Act, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband; “the Principal Act” means the Social Welfare Act, 1952 ; “relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury; “unemployability supplement” has the meaning specified in subsection (3) of section 12; “the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, or the enactments repealed by the Workmen's Compensation Act, 1934 , or the enactments repealed by the Workmen's Compensation Act, 1906. (2) References in this Act to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty. (3) References in this Act to any enactment shall, save where the context otherwise requires, be construed as references to that Act as amended by any subsequent enactment including this Act. (4) In this Act “the appointed day” means such day as the Minister may by order appoint and different days may be appointed for different purposes of this Act or for the same purpose in relation to different cases or classes of case. (5) Any question relating to the normal residence of a child qualified for the purposes of this Act shall, for the purposes of this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 , and the rules under that subsection. (6) Where a child qualified for the purposes of this Act has been or becomes adopted pursuant to the Adoption Acts, 1952 and 1964, then for the purposes of this Act— (a) the child shall be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan qualified for the purposes of this Act 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 of the definition of “orphan qualified for the purposes of this Act” contained in subsection (1) of this section, “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”. (7) Section 3 (other than subsection (4) thereof) of the Principal Act shall be construed and have effect as if— (a) references therein to a power to make regulations included references to any power to make regulations under this Act, and (b) references therein to regulations included references to any regulations under this Act. (8) (a) The definition of “increase” contained in subsection (1) of section 2 of the Principal Act is hereby amended by the insertion after “or section 27”of “of this Act or under section 10, section 11, section 12, section 13, section 14 or section 19 of the Social Welfare (Occupational Injuries) Act, 1966”. (b) Subsection (2) of section 31 of the Principal Act is hereby amended by the insertion after “such person,” of “or an increase under section 10 of the Social Welfare (Occupational Injuries) Act, 1966, in respect of such husband or wife,”. Occupational injuries insurance. 2.—(1) Subject to the provisions of the Acts, every person, irrespective of age, who, on or after the appointed day, is employed in insurable (occupational injuries) employment shall be insured under the Acts against personal injury caused on or after the appointed day by accident arising out of and in the course of such employment. (2) Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section. (3) An allowance or gratuity shall not be granted under section 1 of the Superannuation Act, 1887 , in a case in which the injury was sustained by a person having occupational injuries insurance. Insurable (occupational injuries) employment. 3.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the subsequent subsections of this section, be construed as a reference to any employment for the time being specified in Part I of the First Schedule to the Principal Act, not being an employment specified in Part II of that Schedule. (2) (a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part I of the First Schedule to the Principal Act: (i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise, (ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, (iii) employment in the State as a member or as a person training to become a member of any such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as may be prescribed. (b) In subparagraph (ii) of the foregoing paragraph— “ship” means— (i) any ship registered in the State, or (ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State; “aircraft” means— (i) any aircraft registered in the State, or (ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State. (3) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part II of the First Schedule to the Principal Act: (a) employment as a member of the Defence Forces, (b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel, (c) employment, otherwise than under contract of service or apprenticeship, as an outworker, (d) employment under any local or other public authority in the execution of any contract for services. (4) For the purposes of this section, paragraph 3 of Part II of the First Schedule to the Principal Act shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer. (5) For the purposes of this section, paragraphs 7, 9 and 10 of Part II of the First Schedule to the Principal Act (being paragraphs added to that Part by the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1952 ) shall be taken as not including employment under any contract of service or apprenticeship. (6) For the purposes of this section, a pilot to whom the Pilotage Act, 1913 , applies, shall, when employed on any ship (as defined in paragraph (b) of subsection (2) of this section), be deemed to be a member of the crew of that ship. (7) The Minister may, in relation to paragraphs 5 and 6 of Part II of the First Schedule to the Principal Act, by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified. (8) The Minister may by regulations, which shall be subject to the sanction of the Minister for Finance, provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part II of the First Schedule to the Principal Act. (9) Where it appears to the Minister— (a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of the Acts, and (b) that either— (i) the first-mentioned employment can conveniently be included among the excepted employments, or (ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments, the Minister may by regulations, which shall be subject to the sanction of the Minister for Finance, provide that the employment shall be so included. (10) The Minister may by regulations, which shall be subject to the sanction of the Minister for Finance, modify the provisions of the Acts in their application in the case of persons employed in employments specified in subparagraph (ii) of paragraph (a) of subsection (2) of this section. Extension of meaning of references to arising out of and in the course of employment. 4.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of the Acts, in the absence of evidence to the contrary, also to have arisen out of that employment. (2) An accident shall be treated for the purposes of the Acts, where it would not apart from this section be so treated, as arising out of an insured person's employment if— (a) the accident arises in the course of the employment, (b) the accident either— (i) is caused by another person's misconduct, skylarking or negligence, or by steps taken in consequence of any such misconduct, skylarking or negligence or by the behaviour or presence of an animal (including a bird, fish or insect), or (ii) is caused by or consists in the insured person's being struck by any object or by lightning, and (c) the insured person did not directly or indirectly induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment. (3) An accident shall be deemed for the purposes of the Acts to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if— (a) the accident would have been deemed for the purposes of the Acts so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and (b) the act is done for the purposes of and in connection with the employer's trade or business. (4) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed for the purposes of the Acts to arise out of and in the course of his employment, if— (a) the accident would have been deemed for those purposes so to have arisen had he been under such an obligation, and (b) at the time of the accident, the vehicle— (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and (ii) is not being operated in the ordinary course of a public transport service. In this subsection references to a vehicle include references to a ship, vessel or aircraft. (5) An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of the Acts to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. (6) An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of the Acts, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship. Accidents in course of illegal employment, etc. 5.—(1) Where a claim for occupational injuries benefit is made under the Acts in respect of any accident or of any disease or injury prescribed for the purposes of section 23 of this Act, or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of the Acts the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or noncompliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received. (2) In subsection (1) of this section “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due. Accidents outside the State. 6.—Except where regulations otherwise provide, occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside the State. Occupational injuries benefit. 7.—Section 14 of the Principal Act is hereby amended by the addition at the end of subsection (1) thereof of the following paragraph: “(h) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit.”. Injury benefit. 8.—(1) Subject to the provisions of the Acts, an insured person who suffers personal injury caused on or after the appointed day by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, he is incapable of work during the injury benefit period: Provided that, subject to paragraph (b) of subsection (1) of section 15 of this Act, an insured person shall not be entitled to injury benefit in respect of the first three such days unless, as the result of the injury, he is incapable of work during the said period on not less than twelve days. (2) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded. (3) Injury benefit shall be an allowance payable at a weekly rate of— (a) in case the beneficiary is— (I) under the age of eighteen years, or (II) being over the age of eighteen years, a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, and is not entitled to an increase of benefit in respect of a child qualified for the purposes of this Act or children so qualified or for an adult dependant—seventy-seven shillings and sixpence, and (b) in any other case—one hundred and fifteen shillings. (4) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate. (5) A person under the age of sixteen years shall not be entitled to injury benefit except in so far as may be provided by regulations. Disablement benefit. 9.—(1) Subject to the provisions of the Acts, an insured person who suffers personal injury caused on or after the appointed day by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with the following provisions of this section amounts to not less than one per cent.; and for the purposes of those provisions there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to one per cent. (2) Disablement benefit shall not be available to an insured person until after the third day of the period of one hundred and fifty-six days (Sundays being disregarded) beginning with the day of the relevant accident nor until after the last day, if any, of that period on which he is incapable of work as the result of the relevant accident: Provided that if he is not so incapable on any day, being the fourth or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection. (3) For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles: (a) save as hereafter provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal; (b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to the provisions of any regulations made under the next subsection, it shall not be so treated in so far as the claimant either— (i) would in any case have been subject thereto as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or (ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to, that accident; (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition; (d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to one hundred per cent. disablement and other disabilities shall be assessed accordingly. (4) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in paragraph (c) of the last foregoing subsection shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons. (5) The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty: Provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period— (a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the possibility aforesaid, and (b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment. (6) An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final: Provided that— (a) the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and (b) a percentage between twenty and one hundred which is not a multiple of ten shall be treated— (i) if it is a multiple of five, as being the next higher percentage which is a multiple of ten, and (ii) if it is not a multiple of five, as being the nearest percentage which is a multiple of ten. (7) Where the extent of the disablement is assessed for the period taken into account as amounting to less than twenty per cent., disablement benefit shall be a gratuity (in this Act referred to as a disablement gratuity)— (a) of an amount fixed, in accordance with the length of the said period and the degree of disablement, by a prescribed scale, but not in any case exceeding three hundred and eighty pounds, and (b) payable, if and in such cases as regulations so provide, by instalments. The scale prescribed for the purposes of this subsection shall be the same for all persons, except that a lower amount may be fixed thereby for cases where, at the beginning of the period taken into account by the assessment, the beneficiary is under the age of eighteen years, and may be made to depend on the date on which the beneficiary will attain that age, or the beneficiary, being over the age of eighteen years, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband: Provided that— (i) the said lower amount shall not in any case be less than two-thirds the amount to which the beneficiary would otherwise be entitled, and (ii) in the case of either class of beneficiary as aforesaid, the higher rate shall be payable if the beneficiary would, if he or she were in receipt of injury benefit rather than disablement gratuity, be entitled to an increase of that benefit for a child qualified for the purposes of this Act or children so qualified or for an adult dependant. (8) Where the extent of the disablement is assessed for the period taken into account as amounting to twenty per cent. or more, disablement benefit shall be a pension (in this Act referred to as a disablement pension) for that period at the weekly rate appropriate in accordance with Table I annexed to this subsection: Provided that— (a) where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date, and (b) where the beneficiary is under the age of eighteen years 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, the weekly rate for any degree of disablement shall be at the weekly rate appropriate in accordance with Table II annexed to this subsection unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a child qualified for the purposes of this Act or children so qualified or for an adult dependant. TABLE I. Degree of disablement Weekly rate 100 per cent. 115s. 0d. 90 [html] [html] 103s. 6d. 80 [html] [html] 92s. 0d. 70 [html] [html] 80s. 6d. 60 [html] [html] 69s. 0d. 50 [html] [html] 57s. 6d. 40 [html] [html] 46s. 0d. 30 [html] [html] 34s. 6d. 20 [html] [html] 23s. 0d. TABLE II. Degree of disablement Weekly rate 100 per cent. 77s. 6d. 90 [html] [html] 69s. 9d. 80 [html] [html] 62s. 0d. 70 [html] [html] 54s. 3d. 60 [html] [html] 46s. 6d. 50 [html] [html] 38s. 9d. 40 [html] [html] 31s. 0d. 30 [html] [html] 23s. 3d. 20 [html] [html] 15s. 6d. (9) (a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) of this section in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding seven years, the following provisions shall have effect if the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity: (i) the gratuity shall not be paid, (ii) disablement benefit shall be a pension (in this Act also referred to as a disablement pension) at the weekly rate appropriate in accordance with a prescribed scale, (iii) the disablement pension shall be for the period taken into account by the assessment of disablement subject to the proviso that, where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. (b) The following provisions shall apply with respect to the scale prescribed for the purposes of this subsection: (i) the scale shall be the same for all persons, except that a lower amount may be fixed thereby for cases where the beneficiary is under the age of eighteen years 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 unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a child qualified for the purposes of this Act or children so qualified or for an adult dependant, (ii) different amounts may be specified in relation to the different percentages under twenty per cent., but, as respects each such amount, it shall be not less than the amount which bears to the disablement pension appropriate to a degree of disablement of twenty per cent. (that is to say, 23s. 0d. or 15s. 6d., as may be appropriate) the same proportion as the percentage with respect to which it is specified bears to twenty per cent. (10) Notwithstanding subsection (1) of section 44 of the Principal Act, an appeal shall not lie against a provisional assessment of the extent of disablement before the expiration of two years from the date of the first assessment of the extent of disablement in the case, nor where the period taken into account by the assessment falls wholly within those two years. Increase of injury benefit and disablement pension for adult dependants. 10.—(1) The weekly rate of injury benefit shall be increased by forty shillings for any period during which— (a) the beneficiary is living with or wholly or mainly maintaining his wife, or (b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some 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 of sixteen years having the care of one or more than one child qualified for the purposes of this Act 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 of injury benefit under this section in respect of more than one person specified in paragraph (c) of this subsection. (2) Subsection (1) of this section shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as it applies to injury benefit. Increase of injury benefit and disablement pension for child or children qualified for purposes of this Act. 11.—(1) The weekly rate of injury benefit shall be increased by thirteen shillings in respect of a child qualified for the purposes of this Act or each of two children so qualified who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by eight shillings in respect of each such child in excess of two. (2) Subsection (1) of this section shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as it applies to injury benefit. Increase of disablement pension on account of unemployability. 12.—(1) The weekly rate of a disablement pension shall be increased— (a) in case the beneficiary is— (i) under the age of eighteen years, or (ii) being over the age of eighteen years, a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, and is not entitled to an increase of the pension for a child qualified for the purposes of this Act or children so qualified or for an adult dependant—by forty shillings, and (b) in any other case—by fifty-two shillings and sixpence, if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable. (2) (a) For the purposes of this section, a person may be treated as being incapable of work and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to restrict him to earning not more than one hundred and four pounds in a year. (b) In the foregoing paragraph the reference to earning includes a reference to receiving any remuneration or profit derived from gainful occupation. (3) An increase of pension under this section (in this Act referred to as an unemployability supplement) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time. Increase of disablement pension where constant attendance needed. 13.—(1) Where a disablement pension is payable in respect of an assessment of one hundred per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed forty shillings, except in cases of exceptionally severe disablement, or eighty shillings in any case. (2) An increase of pension under this section 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 such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution. Increase of disablement benefit during approved hospital treatment. 14.—Where a person is awarded disablement benefit, but the extent of his disablement is assessed for the period taken into account by the assessment at less than one hundred per cent., it shall be treated as assessed at one hundred per cent. for any part of that period during which he receives approved hospital treatment (whether before or after the making of the assessment or the award of the benefit): Provided that, where the extent of the disablement is so assessed at less than twenty per cent., this section shall not affect the operation of the provisions relating to disablement gratuities, but, in the case of a disablement pension payable by virtue of this section to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase provided for by this Act) shall be reduced by the amount prescribed as being the weekly value of his gratuity. Adjustments for successive accidents. 15.—(1) Where a person suffers two or more successive accidents against which he is insured by occupational injuries insurance— (a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in the next subsection) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of two or more disablement pensions, at an aggregate weekly rate exceeding— (i) in case the person is— (I) under the age of eighteen years, or (II) being over the age of eighteen years, a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, and, if injury benefit is payable, is not entitled to an increase of benefit in respect of a child qualified for the purposes of this Act or children so qualified or for an adult dependant or, if disablement pensions are payable, would not be so entitled if injury benefit rather than disablement pensions were payable—seventy-seven shillings and sixpence, and (ii) in any other case—one hundred and fifteen shillings, (b) the provision of this Act excluding the right to injury benefit for the first three days of incapacity resulting from the relevant accident unless there are twelve such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than thirteen weeks as the result of each of which the person is incapable of work on some day during its injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said twelve days in the case of each of those accidents, any days which may be so taken into account in the case of any other of them, (c) regulations may provide for adjusting— (i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to a disablement gratuity, (ii) any increase of benefit such as is mentioned in the next subsection, or the conditions for the receipt thereof. (2) The increases of benefit referred to in the foregoing subsection are increases in the rate of injury benefit or of disablement pension under sections 10 , 11 , 12 and 13 of this Act. Entitlement to death benefit. 16.—Subject to the provisions of the Acts, where an insured person dies as a result of personal injury caused on or after the appointed day by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in the next following six sections. Death benefit—widows. 17.—(1) The widow of the deceased shall be entitled to death benefit 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. (2) In the case of a widow, death benefit shall be a pension at the weekly rate of ninety-five shillings. (3) A pension under this section shall not be payable for any period after the remarriage of the widow. (4) A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife. Death benefit—widowers. 18.—(1) The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained. (2) In the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, death benefit shall be a pension at the weekly rate of ninety-five shillings. (3) In the case of any other widower, death benefit shall be a gratuity of two hundred and forty-seven pounds. (4) A pension under this section shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity. Death benefit—increase of pension of widow or widower for child or children qualified for purposes of this Act. 19.—The weekly rate of a pension under section 17 or section 18 of this Act shall be increased by thirteen shillings in respect of a child qualified for the purposes of this Act or each of two children so qualified who normally resides or reside with the beneficiary and who— (a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or (b) being a child, grand-child or step-child, or children, grand-children or step-children, of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or (c) was or were adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 and 1964, subsequent to the death of the deceased, and, in addition, where there are more than two such children, by eight shillings in respect of each such child in excess of two. Death benefit—parents. 20.—(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, he or she was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained. (2) In the case of a parent, the deceased having been at death a married person, death benefit shall be a pension at the weekly rate of twenty-four shillings. (3) In the case of a parent, the deceased having been at death a widower or widow or an unmarried person, death benefit shall be— (a) where the parent is the father—a pension at the weekly rate of ninety-five shillings in case he was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and at the weekly rate of twenty-four shillings in any other case, (b) where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow—a pension at the weekly rate of ninety-five shillings, (c) where the parent is the mother, not being a widow—a pension at the weekly rate of twenty-four shillings in case a pension at the weekly rate of ninety-five shillings under paragraph (a) of this subsection is payable to her husband and at the weekly rate of ninety-five shillings in any other case. (4) Where a person to whom a pension at the weekly rate of ninety-five shillings under paragraph (a) of the foregoing subsection is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the weekly rate of twenty-four shillings and, if at that time a pension at the weekly rate of twenty-four shillings under paragraph (c) of that subsection is payable to his wife, that pension shall thereafter be payable at the weekly rate of ninety-five shillings. (5) Where a parent was partly maintained by each of two or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section as having received from the last of those insured persons to die contributions to his or her maintenance equal to the aggregate amount which those insured persons were together contributing before the accident happened, and as having received nothing from the other or others. (6) A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage. (7) A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife. (8) (a) In the foregoing subsections of this section “parent”— (i) if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 and 1964, shall be taken as referring to the adopters or the adopter, and (ii) includes a stepparent, and “father” and “mother” shall be construed accordingly. (b) Subject to subparagraph (i) of the foregoing paragraph, in the foregoing subsections of this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased. Death benefit—orphans qualified for purposes of this Act. 21.—(1) Death benefit shall be payable in respect of an orphan qualified for the purposes of this Act who is a child or step-child of the deceased, and in respect of an orphan so qualified who was wholly or mainly maintained by the deceased at the date of his death. (2) In the case of an orphan, death benefit shall be a pension at the weekly rate of forty-seven shillings and sixpence. (3) Section 24 of the Principal Act shall apply to a pension under this section as it applies to an orphan's (contributory) allowance. Death benefit—funeral expenses. 22.—(1) Death benefit by way of a grant of fifty pounds in respect of funeral expenses shall, subject to the subsequent provisions of this section, be payable in respect of the death of the deceased. (2) In any such case as may be specified by regulations, the reference to fifty pounds in subsection (1) of this section shall be construed as a reference to such amount less than fifty pounds as may be specified by the regulations for that case. (3) Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State. Insurance against prescribed diseases and injuries not caused by accident. 23.—(1) Subject to the provisions of this section, a person who is insured under the Acts against personal injury caused by accident arising out of and in the course of his employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after the appointed day. (2) A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, if the Minister is satisfied that— (a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and (b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty. (3) Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before the appointed day, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when he developed the disease or injury. (4) Provision may be made by regulations for determining the time at which a person is to be treated for the purposes of the Acts, as having developed any disease or injury prescribed for the purposes of this section, and the circumstances in which any such disease or injury is, where the person in question has previously suffered therefrom, to be treated as having recrudesced or as having been contracted or received afresh. (5) The benefit payable pursuant to this section in respect of a prescribed disease or injury, and the conditions for the receipt of such benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations as respects any matter which is to be prescribed and to the following provisions of this section. (6) Regulations may provide, in relation to prescribed diseases and injuries, for modifying the provisions of this Act relating to injury benefit and disablement benefit and for adapting references in this Act to accidents, and for modifying the provisions of the Acts in their application in relation to claims for benefit and in relation to questions arising in connection therewith or with an award of benefit on any such claim. (7) Without prejudice to the generality of the foregoing subsection, the said regulations may in particular include provision— (a) for presuming any prescribed disease or injury— (i) to be due, unless the contrary is proved, to the nature of a person's employment where he was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury, (ii) not to be due to the nature of a person's employment unless he was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury; (b) for such matters as appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of the foregoing provisions of this section. (8) Nothing in this section shall affect the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Act, except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in that employment. Supplements to workmen's compensation payments. 24.—(1) Regulations shall provide for conferring on persons who— (a) are or have been on or after the 1st day of October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of the injury or disease are, or could for the purpose of the provisions of this Act relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable, the like right to payments under this Act by way of unemployability supplement and the like right to payments under this Act in respect of a child or adult dependant as if the injury or disease were one in respect of which a disablement pension were for the time being payable. (2) Regulations shall also provide for conferring on persons who— (a) are or have been on or after the 1st day of October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of that injury or disease require constant attendance, the like right to payments under this Act in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of one hundred per cent. (3) Such regulations may further provide for applying, in relation to payments under this section, the provisions of the Acts relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a child or adult dependant, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications. (4) No payment shall be made under this section in respect of any period before the appointed day. (5) All payments under this section shall be paid out of the Occupational Injuries Fund. Limitation of benefits by pre-accident earnings. 25.—(1) The weekly rate of injury benefit, including any increase thereof, or of disablement pension, including any increase thereof, shall not exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident. (2) Where, in respect of the whole or part of any week for which a beneficiary is entitled to payment of a disablement pension, any one of the following is also payable to him— (a) disability benefit, (b) unemployment benefit, (c) unemployment assistance under the Unemployment Assistance Acts, 1933 to 1965, and the aggregate of the two payments would otherwise exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident, the weekly rate of the disablement pension, including any increase thereof, shall be reduced in respect of that week by the amount of the excess. (3) The foregoing subsections of this section shall be subject to the proviso that in no case shall the rate payable, including any increase thereof, be reduced below— (a) in case the beneficiary is— (i) under the age of eighteen years, or (ii) being over the age of eighteen years, a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, and, if injury benefit is payable, is not entitled to an increase of benefit in respect of a child qualified for the purposes of this Act or children so qualified or for an adult dependant or, if disablement pension is payable, would not be so entitled if injury benefit rather than disablement pension were payable—fifteen shillings and sixpence, and (b) in any other case—twenty-three shillings. (4) For the purposes of the foregoing subsections of this section, the weekly earnings of a person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of his remuneration at that time for a full normal working week in the employment in which the accident occurred, overtime being disregarded for this purpose, or, if he was not employed full time in that employment at the time of the relevant accident, the rate of remuneration which would be provided by his employer for a full normal working week in that employment, overtime being disregarded: Provided that— (a) where a person was being remunerated otherwise than at a weekly rate, the weekly earnings of such person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of remuneration which he would earn for a full normal working week in that employment, overtime being disregarded, (b) where by reason of the casual nature of the employment or the terms of the employment, it is impracticable to compute the rate of remuneration which would be provided by the employer for a full normal working week at the time of the relevant accident, regard may be had to the weekly amount which was being earned at that time by a person employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district, and (c) for the purposes of subsection (1) of this section in the case of disablement pension and for the purposes of subsection (2) of this section, the weekly remuneration, overtime being disregarded, provided during any period after the relevant accident in an employment in which a person was employed at the time of the relevant accident may be substituted with respect to that period for his actual weekly earnings at the time of …