Air-Raid Precautions Services (Compensation For Personal Injuries) Scheme, 1942.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942.
2 Definitions
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paragraphs: In this Scheme—
the expression " the Minister " means the Minister for Finance ;
the expression " the Board " means the Army Pensions Board ;
the expression " personal injury " means loss of physical or mental capacity resulting from service ;
the expression " qualifying injury " means any persona injury (whether sustained before, on, or after the date of the making of this Scheme) to which section 64 of the Air-raid Precautions Act, 1939 (No. 21 of 1939), as amended by the Emergency Powers (No. 99) Order, 1941 (S. R. & O. No. 340 of 1941) applies, and which is sustained by an authorised member of an Air-raid Precautions Service established under a scheme approved by the Minister for Defence under section 13 or section 38 of that Act ;
the expression " degree of disablement " means, in relation to a disabled person, the measure of disablement (expressed by way of percentage, one hundred per cent. representing for the purpose total disablement) which is certified by the Board to be suffered by that person by a comparison of his condition as disabled with the condition of a normal healthy person of the same age and sex ;
the word " child " includes a step-child, an illegitimate child, and a person in respect of whom a person who has sustained a qualifying injury was in loco parentis at the date of sustaining such injury ;
the word " relative " means anybody who is a child, grandchild, parent, step-parent, grandparent, brother, sister, step-brother or step-sister of the person in relation to whom the word is used ;
the expression " public moneys " means moneys provided by the Oireachtas or out of the Central Fund, or out of the funds of a local authority, or moneys paid out of any fund declared under the Superannuation Act, 1892, to be a public fund.
3 Persons to whom this Scheme applies
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paragraphs: —(1) This Scheme applies to—
(a) any person ordinarily resident in the State, and
(b) a person in respect of whom a direction has been given by the Minister under paragraph (2) of this Article.
(2) The Minister may, if he so thinks fit having regard to special circumstances, direct, in respect of any person not ordinarily resident in the State, that this Scheme shall apply to such person.
4 Revocation of Air-raid Precautions Services (Compensation) Scheme, 1940, and provision as to payments thereunder
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paragraphs: —(1) The Air-raid Precautions Services (Compensation) Scheme, 1940, is hereby revoked.
(2) Any payments made under the Air-raid Precautions Services (Compensation) Scheme, 1940, shall be deemed to have been made under this Scheme.
PART II. COMPENSATION IN NON-FATAL CASES.
5 Compensation in non-fatal cases
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paragraphs: —(1) Where—
(a) the Minister for Defence or the Parliamentary Secretary to the Minister for Defence certifies that a person to whom this Scheme applies sustained a qualifying injury, and that such injury was not due to such person's serious negligence or misconduct, and
(b) the Board report that such person has been disabled as the result of such injury,
then, subject to the provisions of this Scheme, compensation may he paid under this Part of this Scheme to such person in respect of such disablement.
(2) In this Part of this Scheme the word " compensation means compensation under this Part of this Scheme.
6 Reference of applications to Board
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paragraphs: —(1) Every application for compensation shall, unless the Minister is satisfied that the applicant is not a person to whom this Scheme applies or that the applicant did not sustain a qualifying injury or that the applicant sustained a qualifying injury which was due to the applicant's own serious negligence or misconduct, be referred to the Board, who shall report to the Minister on such application.
(2) Where the Board report that a person is suffering from a disablement, they shall assess and state in such report the degree of such disablement.
(3) Where a person has received two or more separate qualifying injuries, his degree of disablement shall be assessed by the Board by reference to the aggregate disablement caused by the injuries in combination.
(4) Where—
(a) an application has been referred to the Board for a report as to the applicant's degree of disablement, whether on the first making of the application or on a subsequent review, and
(b) the applicant's degree of disablement is assessed at less than one hundred per cent., and
(c) it appears to the Board that, having regard to the nature of the qualifying injury and the class of employment which the person was engaged in prior to the qualifying injury, the applicant is totally unfitted, as a consequence of the qualifying injury, for such class of employment, and that he has been unable to obtain work in such employment,
the Board may, if they think fit, assess his degree of disablement as one hundred per cent.
(5) The Board may, in any case in which they think fit, refer an applicant to be medically examined by a duly qualified medical practitioner (hereinafter referred to as a Medical Examiner) appointed for that purpose by the Minister.
(6) Whenever an applicant is referred under this Article to a Medical Examiner for medical examination, such Medical Examiner shall report to the Board on him in such form as the Board may direct.
7 Refusal of applications for compensation in case of failure of applicants to attend before the Army Pensions Board
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paragraphs: Where an applicant for compensation is summoned by the Board to attend for medical examination and fails or refuses to do so, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect—
(a) the Minister may refuse such application ;
(b) where the Minister decides not to refuse the application, the following provisions shall have effect, that is to say—
(i) the Minister shall inform the Board of his decision,
(ii) the Board shall, not later than three months after being so informed, again summon the applicant to attend for medical examination,
(iii) if the applicant fails or refuses to attend in pursuance of such summons, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application ;
(c) where the Minister refuses the application, the applicant shall not, unless the Minister so permits, be entitled to renew his application.
8 Re-examination of applicants
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paragraphs: —(1) Where an application for compensation has been refused, otherwise than under the next preceding Article, or granted, the Minister may request the Board to examine or re-examine the applicant or cause him to be examined or re-examined, and the Board shall comply with such request and report the result of such examination or re-examination to the Minister.
(2) Where compensation is payable to a person, the Board may request such person to present himself before them or a Medical Examiner for re-examination, and, if any such person who is so requested fails or refuses to comply with the request, the Minister may cancel the grant of such compensation as on and from the date of such failure or refusal.
9 Rate of basic compensation
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paragraphs: —(1) The full rate of basic compensation in case of total disablement shall be thirty shillings a week.
(2) The full rate of basic compensation in any case of disablement less than total disablement shall be a rate bearing the same proportion to thirty shillings a week as the degree of disablement bears to one hundred per cent.
(3) Subject to the provisions of this Scheme, the rate of basic compensation payable to a disabled person shall be—
(a) in the case of a person aged eighteen years or over, the full rate of basic compensation ;
(b) in the case of a person under eighteen years of age, one half of the full rate of basic compensation.
(4) The rate of basic compensation payable to a person whose disablement is less than total disablement shall not be less than two shillings and sixpence a week.
(5) Where a person to whom basic compensation is payable is required to undergo examination or treatment in respect of a qualifying injury, and such examination or treatment involves his absence from home, such person shall be deemed, for the purposes of this Part of this Scheme, to be totally disabled during the period of absence.
(6) For the purposes of this Article, a person who was married at the date on which he sustained a qualifying injury shall, notwithstanding that he has not attained the age of eighteen years, be treated as if he had attained that age.
(7) In this Part of this Scheme the expression " basic compensation " means compensation payable by virtue of this Article.
10 Additional compensation to certain earners
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paragraphs: —(1) Where basic compensation is payable or would, but for the provisions of the next following Article, be payable to a disabled person whose degree of disablement is for the time being one hundred per cent., the following provisions shall, subject however to paragraphs (4) and (5) of this Article, have effect—
(a) if the person is married and the person's spouse was, at the date (in this paragraph referred to as the critical date) on which the person sustained the injury in respect of which the basic compensation is payable, and is, for the time being, wholly or mainly maintained by the person, there shall, in addition to the basic compensation, be payable to the person additional compensation at the rate of seven shillings and sixpence a week ;
(b) if the person is a widower or widow and the person had residing with him or her at the critical date and for the time being has residing with him or her a female for the purpose of looking after and caring for any of the person's children, there shall, in addition to the basic compensation, be payable to the person additional compensation at the rate of seven shillings and sixpence a week ;
(c) if the person has any children who were at the critical date wholly dependent on the person and are for the time being under the age of eighteen years, there shall, in addition to the basic compensation and any other compensation payable under this paragraph, be payable to the person in respect of each such child additional compensation at the rate of four shillings a week ;
(d) if the person has any relatives who were at the critical date wholly dependent on the person and are for the time being incapable (owing to physical or mental infirmity) of earning, there shall, in addition to the basic compensation and any other compensation payable under this paragraph, be payable to the person in respect of each such relative additional compensation at the rate of four shillings a week.
(2) Where basic compensation is payable or would, but for the provisions of the next following Article, be payable to a disabled person whose degree of disablement is for the time being less than one hundred per cent., the following provisions shall, subject to the provisions of paragraphs (4) and (5) of this Article, have effect—
(a) if the person is married and the person's spouse was, at the date (in this paragraph referred to as the critical date) on which the person sustained the injury in respect of which the basic compensation is payable, and is, for the time being, wholly or mainly maintained by the person, there shall, in addition to the basic compensation, be payable to the person, as additional compensation, a weekly sum which bears to seven shillings and sixpence the same proportion as the person's degree of disablement bears to one hundred per cent.,
(b) if the person is a widower or widow and the person had residing with him or her at the critical date and for the time being has residing with him or her a female for the purpose of looking after and caring for any of the person's children, there shall, in addition to the basic compensation, be payable to the person, as additional compensation, a weekly sum which bears to seven shillings and sixpence the same proportion as the person's degree of disablement bears to one hundred per cent.,
(c) if the person has any children who were at the critical date wholly dependent on the person and are for the time being under the age of eighteen years, there shall, in addition to the basic compensation and any other compensation payable under this paragraph, be payable to the person in respect of each such child, as additional compensation, a weekly sum which bears to four shillings the same proportion as the person's degree of disablement bears to one hundred per cent.,
(d) if the person has any relatives who were at the critical date wholly dependent on the person and are for the time being incapable (owing to physical or mental infirmity) of earning, there shall, in addition to the basic compensation and any other compensation payable under this paragraph, be paid to the person in respect of each such relative, as additional compensation, a weekly sum which bears to four shillings the same proportion as the person's degree of disablement bears to one hundred per cent.
(3) For the purposes of this Article a child of a person who has sustained a qualifying injury born after the date of such injury, but not later than nine months after that date, shall be deemed to have been wholly dependent on such person at the said date if the mother of such child either was such person or was wholly or mainly maintained by such person at the said date.
(4) No additional compensation shall be payable under either sub-paragraph (d) of paragraph (1) or sub-paragraph (d) of paragraph (2) of this Article in respect of a relative of a person if that relative is a child of that person and is for the time being under the age of eighteen years.
(5) Where additional compensation in respect of a relative of a person payable under either sub-paragraph (d) of paragraph (1) or sub-paragraph (d) of paragraph (2) of this Article ceases to be payable, the right to such additional compensation shall not, unless the Minister otherwise determines, subsequently revive.
11 Limitations to payment of basic compensation in certain circumstances
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paragraphs: —(1) No basic compensation shall be payable to any person during any period in respect of which sickness or disablement benefit is payable to him under the National Health Insurance Acts, 1911 to 1942, in excess of the amount (if any) by which such benefit falls short of the appropriate rate of basic compensation under Article 9 of this Scheme.
(2) Where a person is granted, after the date of the qualifying injury, sick pay, pension (except, if such person is a widow or an orphan, a pension in respect of which contributions have been paid) or an allowance (including Unemployment Assistance) from public moneys otherwise than under this Scheme, no basic compensation shall be payable in excess of the amount (if any) by which such sick pay, pension, or allowance falls short of the appropriate rate of basic compensation under Article 9 of this Scheme.
12 Payment for medical or surgical treatment, hospital maintenance or medical or surgical appliances
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paragraphs: —(1) Where—
(a) a person has received a qualifying injury, and
(b) such person has received medical or surgical treatment in respect of such qualifying injury,
the Minister may pay for or on behalf of such person or repay to such person, in respect of any fees due or paid for such treatment or in respect of maintenance while undergoing such treatment, such sums as the Minister may consider reasonable.
(2) Where—
(a) a person has received a qualifying injury, and
(b) such person has obtained any medical or surgical appliance which is, in the opinion of the Minister, calculated to lessen his disablement,
the Minister may pay on behalf of such person or repay to such person, in respect of any amount due or paid for such appliance, such sum as the Minister may consider reasonable.
(3) The Minister may, to such extent as he thinks fit, defray the cost of any medical or surgical treatment undergone, by direction of the Minister acting on the advice of the Board, by any person to whom this Scheme applies and who has sustained a qualifying injury, in a hospital, nursing home or like institution or in such person's house and also the cost of maintenance of such person while undergoing or while detained in any such institution for the purposes of such treatment and also any travelling expenses incurred in the travelling or conveyance of such person to or from any place for the purposes of such treatment.
(4) The Minister may, if he thinks fit, supply to any person to whom this Scheme applies and who has sustained a qualifying injury such surgical and medical appliances as his case may require and may provide for the repair and renewal of any such appliances.
13 Suspension or reduction of basic compensation of persons refusing medical or surgical treatment
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paragraphs: Where the Board certify in respect of any person to whom basic compensation is payable that it is desirable, in such person's interest, that he should undergo medical or surgical treatment for his disablement and the Minister offers to provide such treatment and such person refuses to undergo such treatment and the Minister considers that such refusal is unreasonable, the Minister may suspend or withhold the payment of such basic compensation or reduce it by such amount as he thinks fit so long as such person so refuses.
14 Payment of travelling expenses, etc
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paragraphs: The Minister may make payments, at such rates as he thinks fit, for travelling expenses, subsistence allowances and hospital maintenance in respect of—
(a) persons attending, by direction of the Minister acting on the advice of the Board, for surgical or medical examination or treatment,
(b) persons acting in the capacity of guardian or nurse who accompany persons so attending, where the Minister is satisfied that such accompaniment is necessary in the interests of the persons so attending.
15 Payment of fees for medical examinations and reports
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paragraphs: The Minister may pay such fees as he considers reasonable for—
(a) examinations carried out and reports furnished by a Medical Examiner by direction of the Board,
(b) reports furnished by other duly qualified medical practitioners by direction of the Board.
16 Assessment of disablement in certain circumstances
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paragraphs: Where a person was, at the date of the receipt by him of an injury in respect of which compensation may be awarded to him, in receipt of a pension payable out of public moneys (otherwise than under this Scheme) in respect of a disability suffered by him, his degree of disablement shall not be assessed for the purposes of an award of compensation under this Scheme at a degree which, together with the degree of disablement at which his disability was, or could have been, assessed for the purposes of the said pension payable to him out of public moneys, amounts to a degree higher than one hundred per cent.
17 Power to require applicant to furnish certain particulars
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paragraphs: The Minister may require any applicant for compensation to furnish from time to time particulars of his employment before or after the date of the injury in respect of which the application was made.
18 Payments in default of legal personal representatives
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paragraphs: Where upon the death of a person to whom compensation or a lump sum in lieu of compensation is payable, a sum not exceeding one hundred pounds is due to his estate on account thereof, the Minister may, if representation has not been raised to the estate of such person, without requiring such representation to be raised, pay such sum to such person or persons as appear to the said Minister, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive the same, and any such payment shall be a good discharge to the Minister for the sum paid.
19 Allowances in respect of loss of earnings
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paragraphs: Where a person to whom compensation is payable under this Part of this Scheme satisfies the Minister that he has suffered a loss of earnings as a result of incapacity for work due to a qualifying injury, there shall be payable to him an allowance in respect of such loss of earnings subject to the following conditions—
(a) evidence of loss of earnings, in such form as the Minister may consider satisfactory, must be furnished ;
(b) if the basic and any additional compensation equals or exceeds seventy-two shillings and sixpence a week, no allowance shall be payable under this Article ;
(c) if the basic and any additional compensation is less than seventy-two shillings and sixpence a week, the allowance shall be a weekly amount equal to the difference between
(i) the basic and any additional compensation, and
(ii) seventy-two shillings and sixpence a week or the amount of loss of weekly earnings,
whichever is the less.
(d) the allowance shall not be payable for a period or periods exceeding in the aggregate twenty-six weeks in respect of the same injury.
PART III. COMPENSATION IN FATAL CASES.
20 The critical date
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paragraphs: In this Part of this Scheme the expression " the critical date " means, in relation to a deceased person who sustained a qualifying injury which resulted in his or her death, the date on which he or she sustained that injury.
21 Compensation in fatal cases
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paragraphs: —(1) Where—
(a) (i) the Minister for Defence or the Parliamentary Secretary to the Minister for Defence certifies that a person to whom this Scheme applies sustained a qualifying injury and that such injury was not due to such person's serious negligence or misconduct, and
(ii) the Board report that such person's death was due to such injury, or
(b) the Minister for Defence or the Parliamentary Secretary to the Minister for Defence certifies that a person to whom this Scheme applies was killed as the result of a qualifying injury and that such person's death was not due to his serious negligence or misconduct,
then, subject to the provisions of this Scheme, compensation may be paid under this Part of this Scheme in respect of the death of such person.
(2) In this Part of this Scheme the word " compensation " means compensation under this Part of this Scheme.
22 Reference of applications to Board
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paragraphs: Every application for compensation in respect of the death of a person other than a person who was killed outright shall, unless the Minister is satisfied that the deceased was not a person to whom this Scheme applies or that the deceased did not sustain a qualifying injury or that the deceased sustained a qualifying injury which was due to the deceased's serious negligence or misconduct, be referred to the Board, who shall ascertain and report to the Minister whether such death was due to a qualifying injury.
23 Compensation in respect of deceased persons with total dependants
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paragraphs: —(1) Where compensation is payable in respect of the death of a person and the person leaves a widow who was at the critical date wholly or mainly maintained by him, there shall be payable to her during widowhood as compensation—
(a) in case she is over forty-five years of age or she is for the time being incapable (owing to physical or mental infirmity) of earning or an allowance of five shillings a week is for the time being payable under paragraph (3) or paragraph (5) of this Article to any child of the person, an allowance of eighteen shillings a week,
(b) in any other case, an allowance of twelve shillings and sixpence a week.
(2) Where compensation is payable in respect of the death of a person and the person leaves a widower who was at the critical date wholly dependent on her, there shall be payable as compensation to him, so long as he is incapable (owing to physical or mental infirmity) of earning, an allowance of eighteen shillings a week.
(3) Where—
(a) compensation is payable in respect of the death of a person, and
(b) the person leaves a widow or widower, and
(c) the person leaves any children who were at the critical date wholly dependent on the person,
there shall be payable as compensation to each of such children, so long as he or she is under the age of eighteen—
(i) in case he or she is living with the widow or widower, an allowance of five shillings a week, and
(ii) in any other case, an allowance of seven shillings and sixpence a week.
(4) Where—
(a) compensation is payable in respect of the death of a person, and
(b) the person leaves any orphan children who were at the critical date wholly dependent on the person,
there shall be payable as compensation to each of such children, so long as he or she is under the age of eighteen years, an allowance of seven shillings and sixpence a week.
(5) Where—
(a) compensation is payable in respect of the death of a person, and
(b) the person leaves a widow or widower, and
(c) the person also leaves any relatives who were at the critical date wholly dependent on the person,
there shall be payable as compensation to each such relative, so long as he or she is incapable (owing to physical or mental infirmity) of earning—
(i) in case he or she is for the time being living with the widow or widower, an allowance of five shillings a week, and
(ii) in any other case, an allowance of seven shillings and sixpence a week.
(6) Where—
(a) compensation is payable in respect of the death of a person, and
(b) the person was unmarried, and
(c) the person leaves any relatives who were at the critical date wholly dependent on the person,
there shall be payable as compensation to each such relative, so long as he or she is incapable (owing to physical or mental infirmity) of earning, an allowance of seven shillings and sixpence a week.
(7) A child of a deceased person born after the critical date, but not later than nine months after the critical date, shall be deemed for the purposes of this Article to have been wholly dependent on the person at the critical date if the mother of that child was at the critical date wholly or mainly maintained by the person.
(8) Where an allowance is granted under paragraph (3), paragraph (4), paragraph (5), or paragraph (6) of this Article to a female, such allowance shall cease on her marriage.
(9) No compensation in respect of a deceased person shall be payable under paragraph (5) of this Article to a relative of the deceased if that relative is a child of the deceased and is for the time being under the age of eighteen years.
(10) Where compensation payable to a person under paragraph (2), paragraph (5), or paragraph (6) of this Article ceases to be payable, the right to such compensation shall not, unless the Minister otherwise determines, subsequently revive.
24 Compensation in respect of deceased persons with partial dependants
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paragraphs: —(1) Where compensation is payable in respect of the death of any person and such person leaves any partial dependants, the Minister may award as compensation to each or any of such partial dependants whose circumstances appear to him to merit the making of an award under this Article such lump sum as he thinks fit, so however that the total amount of the sums so awarded in respect of the deceased does not exceed six hundred pounds.
(2) Each of the following shall be deemed for the purposes of this Article to be a partial dependant of a deceased person—
(a) the widow of the deceased if she was at the critical date maintained (otherwise than wholly or mainly) by the deceased,
(b) the widower of the deceased if he was at the critical date partially dependent on the deceased,
(c) any relative of the deceased if he or she was at the critical date partially dependent on the deceased,
(d) any child of the deceased born after the critical date, but not later than nine months after the critical date, if the mother of the child was at the critical date maintained (otherwise than wholly or mainly) by the deceased.
(3) The widower or a relative (other than a child born after the critical date) of a deceased person shall not for the purposes of sub-paragraphs (b) or (c) of the immediately preceding paragraph be deemed to have been partially dependent on the deceased at the critical date unless such widower or relative was at the critical date dependent partially on contributions from the deceased for the provision of the ordinary necessaries of life, insurance being deemed, for this purpose, to be one of the ordinary necessaries of life.
25 Payment of funeral expenses and medical expenses
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paragraphs: —(1) Where compensation is payable in respect of the death of a person who leaves any dependant, the Minister may pay or repay, in respect of the funeral expenses of such person, such sum as he considers reasonable.
(2) Where compensation would be payable in respect of the death of a person but for the fact that he leaves no dependant, the Minister may, in respect of the expenses incurred for medical attendance and burial of such person, pay such sum (not exceeding twenty-five pounds) as he considers reasonable, and any such sum shall be paid to his personal representative or, if he has no such representative, to the persons to whom the said expenses are due, in such shares as, in default of agreement between those persons, the Minister thinks proper.
(3) In this Article references to a dependant of a deceased person shall be construed as references to any person who is the widow or widower or a relative of the deceased and who was at the critical date dependent on the deceased.
PART IV. GENERAL PROVISIONS.
26 Form and time of application
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paragraphs: Save where the Minister, in any particular case and having regard to special circumstances, otherwise directs, no compensation shall be payable under this Scheme in respect of a qualifying injury unless—