S.I. No. 409 of 2015


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S.I. No. 409 of 2015

Social Welfare (Consolidated Occupational Injuries)(Amendment) (No. 3) (Payments to Nominated Persons) Regulations 2015

 

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Under the current arrangements applying to the payment of social welfarebenefits, social welfare recipients can nominate another person to collect theirsocial welfare payments on their behalf. This situation can arise, for instance,where a person who normally receives payment in cash at a post office is sick or otherwise unable to attend the post office on a particular week. In such cases,the person who has been nominated to collect the payment must pay the full amount of the payment over to the social welfare recipient.

These Regulations extend the current arrangements relating to the payment of Occupational Injury Benefits, which are set out in Chapter 6 of Part 5 of the Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No.102 of 2007), in order to allow employees who have had an accident at work to nominate their employer to receive payment of Injury Benefit on their behalf. These provisions will facilitate employees who have occupational sick pay arrangements.

Under some occupational sick pay schemes, employees continue to receive full pay from their employer while on sick leave, but are obliged to remit any social welfare benefits to the employer. In such cases, the employee will be able to opt to nominate to have Injury Benefit paid directly to the employer.

However, the employee may withdraw such a nomination at any time, in which case the Injury Benefit will be paid directly to the employee.

These Regulations also make consequential amendments to payments arrangements for Occupational Injury Benefits to confirm that any Injury Benefit paid to the employer following a nomination by the employee will be a good discharge of the liabilities of the Minister and/or the Social Insurance Fund to the employee concerned.

Last modified:30/09/2015