SOCIAL WELFARE (OCCUPATIONAL INJURIES) ACT, 1966

• (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.

33 Medical treatment and approved hospital treatment.

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

• (2) References in this Act 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 Act as receiving it continuously from the beginning of the first period until the end of the last.

34 Rehabilitation.

34.—(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 50 of the Health Act, 1953) 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.

35 Research.

35.—(1) The Minister may promote research into the causes and 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 23 of this Act,

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 employed as aforesaid 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.

36 Employment contributions.

36.—(1) Every person, irrespective of age, who, on or after the appointed day, is employed in insurable (occupational injuries) employment shall be an employed contributor and references in the Acts to an employed contributor shall be construed accordingly.

• (2) As respects an employed contributor who, but for subsection (1) of this section, would not be an employed contributor—

• (a) in case he is under the age of sixteen years, no employment contributions shall be payable,

• (b) in any other case (including a case in which he is over pensionable age) the weekly employment contributions shall consist of employers' contributions only of 2s. 1d. in the case of a male employed contributor and 1s. 6d. in the case of a female employed contributor.

• (3) As respects an employed contributor who is an employed contributor by virtue of both section 4 of the Principal Act and subsection (1) of this section, the weekly rates of employers' contributions set out in the Second Schedule to the Principal Act shall each be increased by 2s. 1d. in the case of a male employed contributor and by 1s. 6d. in the case of a female employed contributor.

• (4) An employment contribution payable by virtue of paragraph (b) of subsection (2) of this section shall not be reckoned for the purposes of qualifying or re-qualifying any person for any of the benefits referred to in paragraphs (a) to (g) of subsection (1) of section 14 of the Principal Act.

• (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.

• (6) Paragraph (b) of subsection (4) of section 6 of the Principal Act is hereby extended so as to have effect where no services have been rendered during a week by the employed contributor and he has been in receipt of injury benefit for, or unemployability supplement referable to, the whole or any part of the week.

• (7) References in subsections (4) and (5) of section 2, subsection (1) of section 42 and subsections (3) and (6) of section 49 of the Principal Act to insurable employment shall be construed as referring also to insurable (occupational injuries) employment.

37 Occupational Injuries Fund.

37.—(1) There shall be established a fund (to be called the Occupational Injuries Fund) comprising 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 Act 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 subsection (2) of section 36 of this Act and increases of employment contributions so paid consequent upon subsection (3) thereof 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:

• (i) sums paid by way of disability benefit in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 23 of this Act, to a person who is entitled to disablement benefit in respect of such accident, disease or injury,

• (ii) sums paid, in respect of any period commencing not earlier than the appointed day, by way of disability benefit 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 the 1st day of 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) of this section, 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) of this section 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 as 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) relating to the extension pursuant to this Act of social insurance, and

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

• (9) Moneys received pursuant to subsection (8) of this section 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) of this section, 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 Act.

• (11)
• (a) During the period of two years beginning on the appointed day, the Minister for Finance may, out of the Central Fund or the growing produce thereof, advance any sums required for the purpose of discharging the liabilities of the Occupational Injuries Fund, and for the purpose of providing the sums to be so advanced the Minister for Finance may borrow money in such manner as he may think proper and all moneys so borrowed shall be paid into the Exchequer.

• (b) Any sums advanced under the foregoing paragraph, together with interest (if any) thereon at such rate as may be fixed by the Minister for Finance, shall be charged on and be repayable out of the Occupational Injuries Fund and when so repaid shall be paid into the Exchequer.

• (c) The principal of and interest on any securities issued by the Minister for Finance for the purpose of borrowing under this subsection and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

• (12)
• (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.

• (b) A review under this subsection shall be made in respect of the period ending with the 31st day of March next after the expiration of the period of five years beginning on the appointed day and thereafter in respect of the period ending with the 31st day of March in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.

• (13) References in sections 32, 52, 54 and 57 of the Principal Act to the Fund shall be construed as referring also to the Occupational Injuries Fund.

38 Modification of sections 44, 45 and 46 of Principal Act.

38.—Sections 44, 45 and 46 of the Principal Act shall have effect as if the words “question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act”, wherever they occur in those sections, did not include a reference to a question arising under this Act as to whether an accident arose out of and in the course of employment.

39 Taking of benefit into account in assessing damages.

39.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964, and section 34 of the Principal 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 probably will accrue to him therefrom in respect of injury benefit or disablement benefit (disregarding any increase thereof under section 13 of this Act in respect of constant attendance) for the five years beginning with the time when the cause of action accrued.

• (2) The reference in subsection (1) of this section 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 22 of this Act in respect of funeral expenses, resulting from that person's death.

40 Repeals.

40.—Workmen's compensation under the Workmen's Compensation Acts, 1934 to 1955, as amended by Part V of the Civil Liability Act, 1961, shall not be payable in respect of any employment on or after the appointed day, and accordingly the Workmen's Compensation Acts, 1934 to 1955, and Part V of the Civil Liability Act, 1961, are hereby repealed as from that day:

Provided that—

• (a) those Acts shall continue to apply to cases to which they would have applied if this Act had not been passed, being cases where a right to compensation arises or has arisen in respect of employment before the appointed day, except where, in the case of a disease or injury prescribed for the purposes of section 23 of this Act, the right does not arise before the appointed day and the workman, before it does arise, has been insured under this Act against that disease or injury;

• (b) the repeal of the Workmen's Compensation Act, 1934, shall not affect any rules of court made under that Act or the power to make new rules of court for the purposes of that Act; and

• (c) the repeal of subsection (1) of section 13 of the Workmen's Compensation Act, 1934, shall not affect the application of the Acts repealed by that Act or by the Workmen's Compensation Act, 1906, to cases to which by virtue of that subsection they are to continue to apply.

41 Power to remove difficulties.

41.—(1) If in any respect any difficulty arises in bringing into operation this Act or any amendment or repeal effected by this Act, the Minister may, subject to the sanction of the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of the Acts so far as may appear necessary or expedient for carrying the order into effect.

• (2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it annulling such order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

• (3) No order may be made under this section after the expiration of one year after the appointed day.

42 Amendment of Local Government (Superannuation) Act, 1956.

42.—(1) The definition of “service day” contained in section 2 of the Local Government (Superannuation) Act, 1956, is hereby amended by the insertion after paragraph (b) of the following paragraph:

• “(bb) a day (other than a Sunday) in respect of which the servant was paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, provided that—

  • (i) the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of this definition,

  • (ii) either—

    • (I) the whole of the period in respect of which the benefit was paid was not more than one year, or

    • (II) where the whole of the period in respect of which the benefit was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, and

  • (iii) in the case of a day in respect of which the servant was paid disablement benefit, it was a day on which he was incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in paragraph (a) of this definition,”.

• (2) The definition of “wages” contained in section 2 of the Local Government (Superannuation) Act, 1956, is hereby amended by the insertion after paragraph (a) of the following paragraph:

• “(aa) in the case of a servant who is being paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, includes, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of ‘service day’ contained in this section and if, where he is being paid disablement benefit, he is incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a), the wages that he would have received if he had not been in receipt of such benefit, and”.

• (3) Subsection (1) of section 43 of the Local Government (Superannuation) Act, 1956, is hereby amended by the addition at the end of the subsection of “or in respect of a period in respect of which he was paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of ‘service day’ contained in section 2 of this Act and if, in the case of a period in respect of which he was paid disablement benefit, he was, during it, incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a)”.

43 Short title, construction and collective citation.

43.—(1) This Act may be cited as the Social Welfare (Occupational Injuries) Act, 1966, and shall be construed as one with the Social Welfare Acts, 1952 to 1965.

• (2) The Social Welfare Acts, 1952 to 1965, and this Act may be cited together as the Social Welfare Acts, 1952 to 1966.