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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 5

Occupational Injury Benefits

Preliminary

Interpretation.

[1966 OI, s. 1]

36. —(1) In this Chapter, save where the context otherwise requires—

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 section 63 (2);

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 section 43 (7);

disablement pension” has the meaning specified in section 43 (8) or (9);

injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 43 (2), disablement benefit in respect of the accident is not available to the insured person;

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 section 63 (1);

occupational accident” has the meaning specified in section 60 ;

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 section 45 (3).

(2) References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.

Insurable Employment

Occupational injuries insurance.

[1966 OI, s. 2]

37. —(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused 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.

Insurable (occupational injuries) employment.

[1966 OI, s. 3]

38. —(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in Part I of the First Schedule , 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

(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, and

(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 paragraph (a) (ii)—

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

(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,

[1972, s. 15]

(e) employment as a member of the Garda Síochána, and

[1974 (No. 3), s. 4]

(f) employment specified in paragraph 12 of Part I of the First Schedule .

(4) For the purposes of this section, paragraph 2 of Part II of the First Schedule 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 6, 8 and 9 of Part II of the First Schedule 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 subsection (2) (b), be deemed to be a member of the crew of that ship.

(7) The Minister may, in relation to paragraphs 4 and 5 of Part II of the First Schedule , 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 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 .

(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 this Part, 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 provide that the employment shall be so included.

(10) The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2) (a) (ii).

[1967 MP, s. 16]

(11) A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna, be deemed for the purposes of this Part to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna.

Extension of meaning of references to accidents arising out of and in the course of employment.

[1966 OI, s. 4]

39. —(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, 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 this Part, 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—

(i) either 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 this Part 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 this Part 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 this Part 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 this Part 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 this Part, 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 illegal employment, etc.

[1966 OI, s. 5]

40. —(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 54 , 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 this Part 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) “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.

[1966 OI, s. 6]

41. —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.

Benefits

Injury benefit.

[1966 OI, s. 8]

42. —(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, 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 section 48 (1) (b), an insured person shall not be entitled to injury benefit in respect of the first 3 such days unless, as the result of the injury, he is incapable of work during the said period on not less than 12 days.

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of injury benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(3) 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.

(4) Subject to this Part, injury benefit shall be an allowance payable at the weekly rates set out in column (2) of Part I of the Second Schedule .

(5) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate.

(6) A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.

Disablement benefit.

[1966 OI, s. 9]

43. —(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, 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 156 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 a result of the relevant accident:

Provided that, if he is not so incapable on any day, being the 4th 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 subsection (4), 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 100 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 subsection (3) (c) 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 said possibility, 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 20 and 100 which is not a multiple of 10 shall be treated—

(i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and

(ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.

(7) (a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent., disablement benefit shall be a gratuity (in this Chapter referred to as a disablement gratuity)—

(i) 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 the amount set out in Part II of the Second Schedule ,

(ii) payable, if and in such cases as regulations so provide, by instalments.

(b) The scale prescribed for the purposes of paragraph (a) 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 18 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 18 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) such lower amount shall not in any case be less than two-thirds of the amount to which the beneficiary would otherwise be entitled, and

(ii) in the case of either class of beneficiary mentioned in this paragraph, 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 qualified child or children or for an adult dependant.

(8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as a disablement pension) for that period at the weekly rate set out in column (2) of Part III of the Second Schedule appropriate to the degree of disablement:

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 18 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 the rate set out in column (3) of Part III of the Second Schedule appropriate to the degree of disablement unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant.

(9) (a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) 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 7 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 Chapter 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 in relation 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 18 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 qualified child or qualified children or for an adult dependant,

(ii) different amounts may be specified in relation to the different percentages under 20 per cent., but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in Part III of the Second Schedule ) for a degree of disablement of 20 per cent., the same proportion as the percentage with respect to which it is specified bears to 20 per cent.

(10) Notwithstanding section 298 (1), 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 and child dependants.

[1966 OI, ss. 10, 11; 1980, s. 23]

44. —(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of injury benefit under this subsection in respect of more than one person.

(2) The weekly rate of injury benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(3) Subsections (1) and (2) 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 they apply to injury benefit.

Increase of disablement pension on account of unemployability.

[1966 OI, s. 12]

45. —(1) The weekly rate of disablement pension shall be increased by the amount set out in Part IV of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

[1973, s. 19]

(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 £234 in a year.

(b) In paragraph (a) 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 Chapter 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 is needed.

[1966 OI, s. 13]

46. —(1) Where a disablement pension is payable in respect of an assessment of 100 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 the amount specified in Part IV of the Second Schedule .

(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.

[1966 OI, s. 14]

47. —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 100 per cent., it shall be treated as assessed at 100 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 20 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 Chapter) shall be reduced by the amount prescribed as being the weekly value of his gratuity.

Adjustments for successive accidents.

[1966 OI, s. 15].

48. —(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 subsection (2)) 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 rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 43 (8),

(b) the provision of this Chapter excluding the right to injury benefit for the first 3 days of incapacity resulting from the relevant accident unless there are 12 such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than 13 weeks as a result of each of which the person is incapable of work on some day during the injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said 12 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 subsection (2), or the conditions for the receipt thereof.

(2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 44 , 45 and 46 .

Title to death benefit.

[1966 OI, s. 16]

49. —Subject to this Part, where an insured person dies as a result of personal injury caused on or after 1st May, 1967, 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 sections 50 to 53 .

Death benefit for widows and widowers and increases for qualified children.

[1966 OI, s. 17; 1977, s. 20]

50. —(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 set out in column (2) of Part I of the Second Schedule , and if she has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.

(3) A pension under subsection (2) 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.

[1966 OI, s. 18]

(5) 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.

(6) 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 set out in column (2) of Part I of the Second Schedule , and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column(7) of that Part.

(7) In the case of any other widower, death benefit shall be a gratuity of the amount set out in Part II of the Second Schedule .

(8) A pension under subsection (6) 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.

[1966 OI, s. 19]

(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides 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 of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or

(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.

[1969 MP, s. 13 (2)]

(10) For the purpose of subsection (9), a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Death benefit—parents.

[1966 OI, s. 20]

51. —(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained.

[1977, s. 20]

(2) The death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and in the case of a person who has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.

(3) Where a person to whom a pension at the weekly rate set out at reference 4 (c) (i) in Part I of the Second Schedule 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 set out at reference 4 (c) (iv) in that Part and, if at that time a pension at the weekly rate set out at reference 4 (c) (iv) in that Part is payable to his wife, that pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iii) in that Part.

(4) 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 the maintenance of the parent equal to the aggregate amount which those insured persons were together contributing before the first of the accidents happened, and as having received nothing from the other or others.

(5) 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.

(6) 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 land wife.

(7) (a) For the purposes of subsections (1) and (4) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1976, shall be taken as referring to the adopters or the adopter, and includes a step-parent, and “father” and “mother” at reference 4 (c) of Part I of the Second Schedule shall be construed accordingly.

(b) Subject to paragraph (a), in this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased.

Death benefit—orphans.

[1966 OI, s. 21]

52. —(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan 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 set out in column (2) of Part I of the Second Schedule .

(3) Section 99 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.

[1969 MP, s. 13 (2)]

(4) In deciding whether a pension under this section is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Death benefit—funeral expenses.

[196 OI, s. 22]

53.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased.

(2) Subject to subsection (3), the grant shall be the amount set out in Part II of the Second Schedule .

(3) In any such case as may be specified by regulations, the grant shall be such lesser amount as may be specified by the regulations for that case.

(4) 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.

[1966 OI, s. 23]

54. —(1) Subject to this section, a person who is insured under this Part 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 1st May, 1967.

(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 1st May, 1967, 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 this Part 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 Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and for modifying the provisions of this Part 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 subsection (6), 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; and

(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 Chapter 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.

[1966 OI, s. 24]

55. —(1) Regulations shall provide for conferring on persons who-—

(a) are or have been on or after 1st 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 Chapter 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 Chapter by way of unemployability supplement and the like right to payments under this Chapter 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 1st 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 Chapter 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 100 per cent.

(3) Such regulations may further provide for applying, in relation to payments under this section, the provisions of this Part 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) All payments under this section shall be paid out of the Occupational Injuries Fund.

Limitation of benefits by pre-accident earnings.

[1966 OI, s. 25; 1970, s. 20]

56. —(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,

(d) retirement pension,

(e) invalidity pension,

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) Subsections (1) and (2) shall be subject to the proviso that in no case shall the rate payable, including any increase thereof, be reduced below the amount set out in Part V of the Second Schedule .

(4) For the purposes of subsections (1) to (3), 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) in the case of disablement pension and for the purposes of subsection (2), 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 in relation to that period for his actual weekly earnings at the time of the relevant accident if this would be more beneficial to him; and account shall be taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration.

(5) Where—

(a) a person is, by virtue of regulations under section 55 , entitled to weekly payments under this Chapter, and

(b) the amount of any such payment or payments for any week together with the weekly payment of compensation to which he is entitled under the Workmen's Compensation Acts (or where he has ceased to be entitled to weekly payments of compensation under those Acts, the last such weekly payment) is in excess of the weekly earnings, overtime being disregarded, for the time being provided in the employment in which the relevant accident happened or due to the nature of which the relevant disease was contracted, account being taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration,

the amount of the weekly payment or payments under this Chapter for that week shall be reduced by the excess.

In this subsection “relevant accident” means the accident in respect of which the weekly payment of compensation became payable and “relevant disease” means the disease in respect of which that payment became payable.

[1966 OI, s. 25 (6)]

(6) For the purposes of this section, where the amount of weekly earnings is not exactly divisible by 5 the earnings shall be taken to be the next higher amount which is exactly divisible by 5.

Cost of medical care.

[1966 OI, s. 26]

57. —(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, shall be payable out of the Occupational Injuries Fund to the extent that such cost is not met under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or regulations made under section 110 .

(2) Where an insured person is eligible to avail himself of services provided under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or treatment benefit under regulations made under section 110 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he availed himself of such services or benefit.

(3) Where an insured person receives medical care during any period in which he is an in-patient in a hospital or similar institution, the amount payable under this section in respect of such care shall not exceed—

[S.I. No. 106 of 1971]

(a) the maximum amount which would be chargeable under section 53 of the Health Act, 1970 , to an insured person to whom the institutional services provided under that section are made available for that period, or

(b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act, 1945 , (inserted by section 71 of the Health Act, 1953 ) to an insured person to whom mental hospital assistance is made available for that period,

as may be appropriate.

[S.I No. 106 of 1971]

(4) The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be such sum as is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for such care and the customary charge therefor.

(5) Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, he or such other person as may be prescribed shall, within such period as may be prescribed, give notice in writing to the Minister of the care required by him, and shall furnish such particulars as may be required of such care, and no payment under this section shall be made unless the notice is given and, where any particulars are required as aforesaid, those particulars are furnished.

(6) Where notice is given under subsection (5), the insured person may be required to submit himself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his case, and no payment shall be made under this section if he fails to comply with the requirement.

[1970 HA, s. 6]

(7) Payments under this section shall be made to such persons as the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to a health board, payment may be made to that board.

(8) Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications.

(9) For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations—

(a) general practitioner and specialist care, including domiciliary visiting,

(b) nursing care at home except where the cost is met by an increase under section 46 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions,

(c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary,

(d) dental and optical treatment and appliances,

(e) the care furnished, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and

[S.I. No. 234 of 1967]

(f) conveyance to and from the place where medical care as specified in this subsection is provided.

Occupational Accidents

Notice of accidents.

[1966 OI, s. 27]

58. —(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 57 may be payable to be given within the prescribed time by the insured person or, where within that time his death results from the accident, by such other person as may be prescribed, to the insured person's employer or another prescribed person.

(2) In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 57 for such period as may be determined in accordance with the regulations.

Reporting of accidents by employers.

[1966 OI, s. 28]

59. —Regulations may provide for requiring employers—

(a) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable,

(b) to furnish to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and

(c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.

Declaration that accident is an occupational accident.

[1966 OI, s. 29]

60. —(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.

(2) Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.

(3) Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

(4) Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.

(5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if—

(a) it arises out of and in the course of his employment,

(b) that employment is insurable (occupational injuries) employment, and

(c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State,

and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.

Miscellaneous

Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.

[1966 OI, s. 31]

61. —(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 6 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, if the person fails without good cause—

(a) to submit himself from time to time to medical examination for the purpose of determining the effect of the relevant accident, whether the accident has resulted in a loss of faculty, at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or the treatment appropriate to the relevant injury or loss of faculty,

(b) to submit himself from time to time to appropriate medical treatment for the relevant injury or loss of faculty,

(c) to attend at such places and times as may be required for the purposes of the said medical examination or treatment, or

(d) to observe any prescribed rules of behaviour.

(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment as aforesaid of such amount as may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.

Treating person as incapable of work, etc.

[1966 OI, s. 32]

62. —Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision—

(a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and

(b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.

Medical treatment and approved hospital treatment.

[1966 OI, s. 33]

63. —(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to a person receiving or submitting himself to medical treatment shall be construed accordingly.

(2) References in this Chapter to a person receiving approved hospital treatment shall be construed, in relation to any occupational injuries benefit payable to him, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty.

(3) Regulations may provide that where a person receives medical treatment as an in-patient for two or more distinct periods separated by an interval or intervals of less than a specified duration, he shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last.

Rehabilitation.

[1966 OI, s. 34; S.I. No. 106 of 1971]

64. —(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act, 1970 ) for persons entitled to disablement benefit, such contributions as he may, with the consent of the Minister for Finance, determine.

(2) The amounts required for any contributions under this section shall be paid out of the Occupational Injuries Fund.

Employment contributions.

[1966 OI, s. 36; 1978 AM, s. 16]

65. —(1) Every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly.

(2) (a) In relation to an employed contributor who, but for subsection (1), would not be an employed contributor—

(i) in case he is under the age of 16 years, no employment contributions shall be payable,

(ii) in any other case (including a case in which he is over pensionable age) where in any contribution year a payment is made to or for the benefit of the contributor in respect of reckonable earnings of that contributor, the employment contribution shall consist of an employer's contribution only at the rate of 0.45 per cent. of the amount of the contributor's reckonable earnings to which such payment relates.

(b) In relation to an employed contributor who is an employed contributor by virtue of both section 5 and subsection (1) of this section, the employment contribution mentioned in section 10 (1) (b) (ii) shall be increased by an amount calculated at the rate of 0.45 per cent of the amount of the reckonable earnings by reference to which the employment contribution mentioned in section 10 (1) (b) (ii) is determined.

(3) The provisions of sections 10 (1) (c) and 10 (1) (d) shall apply in like manner to contributions under subsection (2) of this section as they apply to contributions by employers under section 10 (1) (b).

[1970, s. 20; 1973, s. 19]

(4) An employment contribution payable by virtue of subsection (2) (a) (ii) shall not be reckoned for the purposes of qualifying or requalifying any person for any of the benefits referred to in section 17 .

(5) The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.

Research.

[1966 OI, s. 35]

66. —(1) The Minister may promote research into the causes, incidence and methods of prevention of—

(a) accidents and injuries against which occupational injuries insurance is provided, or

(b) diseases against which such insurance is provided or which it is contemplated may be prescribed for the purposes of section 54 ,

either by himself employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research.

(2) The Minister may pay to persons so employed such salaries or other remuneration, and such travelling or other allowances, as he may, with the consent of the Minister for Finance, determine.

(3) The amounts required for any payments under this section shall be paid out of the Occupational Injuries Fund.

Occupational Injuries Fund.

[1966 OI, s. 37]

67. —(1) The Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 , shall continue in being and to comprise a current account, to be managed and controlled by the Minister, and an investment account, to be managed and controlled by the Minister for Finance.

(2) (a) Notwithstanding any provision to the contrary, occupational injuries benefits, together with any other payments which under this Chapter are payable out of the Occupational Injuries Fund, shall be paid out of the current account of that Fund, and, for the purpose of providing the moneys for meeting the expenditure on such benefits and other payments, employment contributions paid into the Social Insurance Fund consequent upon section 65 (2) (a) and increases of employment contributions so paid consequent upon section 65 (2) (b) shall be paid out of that Fund to the current account of the Occupational Injuries Fund.

(b) The following sums paid out of the Social Insurance Fund shall be repaid to that Fund out of the Occupational Injuries Fund—

[1970, s. 20]

(i) sums paid by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 54 , to a person who is entitled to disablement benefit in respect of such accident, disease or injury,

[1970, s. 20]

(ii) sums paid, in respect of any period by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an injury or disease, being sums paid to a person who is or has been on or after 1st October, 1965, entitled to weekly payments of compensation under the Workmen's Compensation Acts in respect of such injury or disease.

(3) Moneys standing to the credit of the current account of the Occupational Injuries Fund and not required to meet current expenditure shall be transferred to the investment account of that Fund.

(4) Whenever the moneys in the current account of the Occupational Injuries Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of that Fund such sums as may be necessary for the purpose of discharging those liabilities.

(5) Subject to subsection (4), moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.

(6) An investment pursuant to subsection (5) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.

(7) Accounts of the Occupational Injuries Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.

(8) There shall be recoverable from the Occupational Injuries Fund at such times and in such manner as may be directed by the Minister for Finance—

(a) expenses of the Minister (determined on such basis as he considers proper) pursuant to this Chapter, and

(b) expenses of any other Minister (determined on such basis as may be agreed upon between him and the Minister) relating to this Chapter.

(9) Moneys received pursuant to subsection (8) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(10) In estimating expenses for the purposes of subsection (8), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump-sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Chapter.

(11) (a) The Minister shall cause actuarial reviews to be made into the financial condition of the Occupational Injuries Fund, having regard, in particular, to the adequacy or otherwise of the contributions to support the benefits and other payments, and shall cause a copy of every report of the actuary under this subsection to be laid before each House of the Oireachtas.

[S.I. No. 215 of 1974]

(b) A review under this subsection shall be made in respect of the five-year period ending with 31st December, 1983, and thereafter in respect of the period ending with 31st December in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.

Taking of benefit into account in assessing damages.

[1966 OI, s. 39; 1974 (No. 2), s. 21]

68. —(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 306 of this Act, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 42 (2), after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(3) Notwithstanding section 50 of the Civil Liability Act, 1961 , in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person's death.

Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.

[1966 OI, s. 40]

69. —The Workmen's Compensation Acts, 1934 to 1955, as amended by Part V of the Civil Liability Act, 1961 , shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act, 1966 , had not been passed, being cases where a right to compensation arose in respect of employment before 1st May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 54 , the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.

Construction of certain references in Local Government (Superannuation) Act, 1956.

[1966 OI, s. 42]

70. —The references to the Social Welfare (Occupational Injuries) Act, 1966 , in—

(a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act, 1956 , as amended by section 42 of the first-mentioned Act, and

(b) section 43 of the said Local Government (Superannuation) Act, 1956 , as so amended,

shall be construed as references to this Chapter.