S.I. No. 268/1973:

AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1973 (FIRST AMENDMENT) SCHEME, 1973.

AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1973 (FIRST AMENDMENT) SCHEME, 1973.

ARRANGEMENT OF ARTICLES

ARTICLE

1. Short title, construction and collective citation.

2. Commencement.

3. Definition.

4. Amendment of Article 5 of the Principal Scheme.

5. Amendment of Article 12 of the Principal Scheme.

6. Amendment of Article 13 of the Principal Scheme.

7. Amendment of Article 14 of the Principal Scheme.

8. Amendment of Article 15 of the Principal Scheme.

9. Amendment of Article 16 of the Principal Scheme.

10. Amendment of Article 17 of the Principal Scheme.

11. Amendment of Article 27 of the Principal Scheme.

12. Amendment of Article 28 of the Principal Scheme.

13. Amendment of Article 29 of the Principal Scheme.

14. Amendment of Article 30 of the Principal Scheme.

15. Amendment of Article 31 of the Principal Scheme.

SCHEDULE.

Paragraphs referred to in Articles 4 to 15 of this Scheme.

S.I. No. 268 of 1973.

AIR-RAID PRECAUTIONS SERVICES (COMPENSATION FOR PERSONAL INJURIES) SCHEME, 1973 (FIRST AMENDMENT) SCHEME, 1973.

I, PATRICK S. DONEGAN, Minister for Defence, with the consent of the Minister for Finance, in exercise of the powers conferred on me by section 64 of the Air-raid Precautions Act, 1939 (No. 21 of 1939) (as amended by section 5 of the Air raid Precautions (Amendment) Act, 1946 (No. 28 of 1946) ), and the Air-raid Precautions Services (Compensation for Personal Injuries) (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 78 of 1973 ), hereby make the following Scheme:

1. (1) This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973 (First Amendment) Scheme, 1973.

(2) The Principal Scheme and this Scheme shall be construed together and may be cited together as the Air-raid Precautions Services (Compensation for Personal Injuries) Schemes, 1973.

2. This Scheme shall be deemed to have come into operation on the 2nd day of July, 1973.

3. In this Scheme "the Principal Scheme" means the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973 ( S.I. No. 104 of 1973 ).

4. Article 5 of the Principal Scheme (which relates to compensation for loss of earnings) is hereby amended by the substitution in paragraph (2) for "£13·65" of "£15·65" and for "£10·45" of "£12·45", respectively, and, accordingly, that paragraph shall have effect as set out in Part I of the Schedule to this Scheme.

5. Article 12 of the Principal Scheme (which relates to the rate of compensation for disablement) is hereby amended--

( a ) by the substitution in paragraph (1) for "£6·10" of "£7·10" and for "£8·10" of "£9·10", respectively, and

( b ) by the substitution in paragraph (2) for "£6·10" of "£7·10" and for "£8·10" of "£9·10", respectively,

and, accordingly, those paragraphs shall have effect as set out in Part II of the Schedule to this Scheme.

6. Article 13 of the Principal Scheme (which relates to limitations on payment of compensation for disablement) is hereby amended by the substitution in paragraph (1) for "£10·45" of "£12·45" and for "£13·65" of "£15·65", respectively, and, accordingly, that paragraph shall have effect as set out in Part III of the Schedule to this Scheme.

7. Article 14 of the Principal Scheme (which relates to the increase of compensation for loss of earnings and compensation for disablement for adult dependants) is hereby amended by the substitution in paragraph (1) for "£3·75" of "£4·25", and, accordingly, that paragraph shall have effect as set out in Part IV of the Schedule to this Scheme.

8. Article 15 of the Principal Scheme (which relates to the increase of compensation for loss of earnings and compensation for disablement for qualified children) is hereby amended by the substitution in paragraph (1) for "£1·35" of "£1·85" and for "£1·00" of "£1·50", respectively, and, accordingly, that paragraph shall have effect as set out in Part V of the Schedule to this Scheme.

9. Article 16 of the Principal Scheme (which relates to the increase of compensation for disablement where constant attendance is needed) is hereby amended by the substitution in paragraph (1) for "£3·00" of "£3·50" and for "£4·00" of "£7·00", respectively, and, accordingly, that paragraph shall have effect as set out in Part VI of the Schedule to this Scheme.

10. Article 17 of the Principal Scheme (which relates to adjustments for separate qualifying injuries) is hereby amended by the substitution in paragraph (1) for "£13·65" of "£15·65" and for "£10·45" of "£12·45", respectively, and, accordingly, that paragraph shall have effect as set out in Part VII of the Schedule to this Scheme.

11. Article 27 of the Principal Scheme (which relates to compensation for widows in fatal cases) is hereby amended by the substitution in paragraph (1) for "£7·60" of "£8·60", and, accordingly, that paragraph shall have effect as set out in Part VIII of the Schedule to this Scheme.

12. Article 28 of the Principal Scheme (which relates to compensation for widowers in fatal cases) is hereby amended--

( a ) by the substitution in paragraph (2) for "£7·60" of "£8·60", and

( b ) by the substitution in paragraph (3) for "£395" of "£447",

and, accordingly, those paragraphs shall have effect as set out in Part IX of the Schedule to this Scheme.

13. Article 29 of the Principal Scheme (which relates to the increase of compensation in fatal cases for a widow or widower who has qualified children) is hereby amended by the substitution in paragraph (1) for "£1·50" of "£2·15", and, accordingly, that paragraph shall have effect as set out in Part X of the Schedule to this Scheme.

14. Article 30 of the Principal Scheme (which relates to compensation in fatal cases for parents and certain other relatives) is hereby amended--

( a ) by the substitution in paragraph (2) for "£2·80" of "£3·80",

( b ) by the substitution in paragraph (3) for "£7·60" of "£8·60" in each place where it occurs, and for "£2·80" of "£3·80" in each place where it occurs,

( c ) by the substitution in paragraph (4) for "£7·60" of "£8·60" in each place where it occurs, and for "£2·80" of "£3·80" in each place where it occurs,

( d ) by the substitution in paragraph (5) for "£1·50" of "£2·15" and for "£2·80" of "£3·80", respectively, and

( e ) by the substitution in paragraph (6) for "£2·80" of "£3·80",

and, accordingly, those paragraphs shall have effect as set out in Part XI of the Schedule to this Scheme.

15. Article 31 of the Principal Scheme (which relates to compensation in fatal cases for orphan children) is hereby amended by the substitution in paragraph (2) for "£4·10" of "£5·10", and, accordingly, that paragraph shall have effect as set out in Part XII of the Schedule to this Scheme.

SCHEDULE.

PART I.

(2) The maximum weekly rate of compensation for loss of earnings shall be--

( a ) £15·65 in the case of a person aged eighteen years or over;

( b ) £12·45 in the case of a person aged less than eighteen years.

PART II.

(1) The maximum weekly rate of compensation in the case of total disablement shall be--

( a ) £7·10 in the case of a person aged less than eighteen years--

(i) or being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, or

(ii) other than a person to whom, if in receipt of compensation for loss of earnings, an increase of compensation for loss of earnings in respect of a child qualified for the purposes of this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions of paragraph (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable), and

( b ) £9·10 in any other case.

(2) The maximum weekly rate of compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to £7·10 or £9·10, as appropriate, as the degree of disablement bears to one hundred per cent.

PART III.

(1) Where, in respect of any period for which compensation for disablement is payable to a person in respect of a qualifying injury, disability benefit, injury benefit, disablement benefit or invalidity pension under the Social Welfare Acts, 1952 to 1972 or sick pay, pension or other allowance in cash from public moneys, otherwise than under this Scheme, is also payable, by reason of his having sustained such injury, and the aggregate payments would otherwise exceed--

( a ) (i) £12·45 a week in the case of a person aged less than eighteen years--

(I) or being over that age, is a married woman other than a married woman living appart from and unable to obtain any financial assistance from her husband, or

(II) other than a person to whom, if in receipt of compensation for loss of earnings, an increase of compensation for loss of earnings in respect of a child qualified for the purposes of this Scheme or children so qualified or an adult dependant would be payable (or would except for the provisions of paragraph (3) of Article 14 or paragraph (3) of Article 15 of this Scheme be payable), and

(ii) £15·65 a week in any other case,

or

( b ) the beneficiary's weekly earnings, overtime being disregarded, from employment at the time he sustained the injury,

whichever is the greater, the weekly rate of compensation for disablement shall be reduced in respect of that week by the amount of the excess.

PART IV.

(1) Subject to paragraph (3) of this Article, the weekly rate of compensation for loss of earnings shall be increased by £4·25 for any period during which--

( a ) the beneficiary is living with or wholly or mainly maintaining his wife,

( b ) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of 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 Scheme who normally resides or reside with him, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of compensation for loss of earnings in respect of more than one person specified in subparagraph (c) of this paragraph.

PART V.

(1) Subject to paragraph (3) of this Article, the weekly rate of compensation for loss of earnings shall be increased by £1·85 in respect of a child qualified for the purposes of this Scheme 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 £1·50 in respect of each such child in excess of two.

PART VI.

(1) Where compensation for disablement is payable in respect of an assessment of one hundred per cent., then, if as a result of the disablement the beneficiary requires constant attendance, the weekly rate of compensation may, with the consent of the Minister for Finance, be increased by an amount to be determined by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that the amount shall not exceed £3·50, except in cases of exceptionally severe disablement, or £7 in any case.

PART VII.

(1) Where a person has received two or more separate qualifying injuries--

( a ) he shall not for the same period be paid compensation for loss of earnings and compensation for disablement at an aggregate weekly rate exceeding--

(i) £15·65 in the case of a person aged eighteen years or over;

(ii) £12·45 in the case of a person aged less than eighteen years,

( b ) any increase of compensation payable under Articles 14, 15 and 16 of this Scheme or the conditions for the receipt thereof may be adjusted in such manner as the Minister may determine.

PART VIII.

(1) Where compensation is payable in respect of the death of a person and that person leaves a widow she shall be paid compensation at the weekly rate of £8·60 if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.

PART IX.

(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, compensation shall be at the weekly rate of £8·60 for so long as he remains incapable of self-support by reason of that infirmity.

(3) In the case of any other widower, compensation shall be a gratuity of £447.

PART X.

(1) The weekly rate of compensation under Article 27 or Article 28 of this Scheme shall be increased by £2·15 in respect of each child qualified for the purposes of this Scheme 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, grandchild 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 and 1964, subsequent to the death of the deceased.

PART XI.

(2) If the deceased was at the date of his death a married person, the compensation payable under this Article shall be at the weekly rate of £3·80.

(3) If the deceased was at the date of his death a widower, widow or an unmarried person, the compensation payable under this Article shall be--

( a ) where the parent is the father--

(i) at the weekly rate of £8·60, if 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,

(ii) at the weekly rate of £3·80, 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, at the weekly rate of £8·60, and

( c ) where the parent is the mother and is not a widow--

(i) at the weekly rate of £3·80, if her husband is being paid compensation under paragraph 3 (a) (i) of this Article, or

(ii) at the weekly rate of £8·60, in any other case.

(4) Where a person to whom compensation at the weekly rate of £8·60 under paragraph (3) (a) (i) of this Article is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, compensation shall thereafter be payable at the weekly rate of £3·80 and if at that time compensation at the weekly rate of £3·80 under paragraph (3) (c) (i) of this Article is payable to his wife, that compensation shall thereafter be payable at the weekly rate of £8·60.

(5) Where--

( a ) compensation is payable in respect of the death of a person, and

( b ) the person leaves surviving him a widow or widower, and

( c ) the person also leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained,

there shall be payable to each such relative, so long as he is incapable of self-support by reason of some physical or mental infirmity--

(i) in case he is for the time being living with the widow or widower, compensation at the weekly rate of £2·15, and

(ii) in any other case, compensation at the weekly rate of £3·80.

(6) Where--

( a ) compensation is payable in respect of the death of a person, and

( b ) the person was at the date of his death unmarried or a widow or a widower, and

( c ) the person leaves surviving him any relatives who were at the deceased's death wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained, there shall be payable to each such relative, so long as he is incapable of self-support by reason of some physical or mental infirmity, compensation at the weekly rate of £3·80.

PART XII.

(2) In the case of an orphan, compensation shall be at the weekly rate of £5·10.

GIVEN under my Official Seal, this 21st day of September, 1973.

PATRICK S. DONEGAN,

Minister for Defence.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 21st day of September, 1973.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

This statutory instrument provides for increases in compensation payable under the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973, in respect of death or personal injuries sustained by members of Air-raid Precautions Services.