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Dáil Éireann díospóireacht -
Thursday, 19 Oct 1944

Vol. 95 No. 3

Ceisteanna — Questions. Oral Answers. - Workmen's Compensation.

Mr. Corish

asked the Minister for Industry and Commerce if he is aware that under the Emergency Powers Order a workman injured by accident is entitled to be paid a supplementary allowance if he is in receipt of compensation fixed by way of an order of the court or of an agreement recorded by the court under the Workmen's Compensation Act; that he is not so entitled to any supplementary payment if his compensation is payable under a voluntary agreement; that in a very considerable number of cases compensation, in the first instance, is payable on foot of such voluntary agreements; that the considerable number of workmen in the latter category are, therefore, precluded from claiming a supplementary allowance; whether he is further aware that in case a weekly payment made on foot of an unrecorded agreement is redeemed the workman is liable to suffer loss to the extent of several hundreds of pounds because of the non-inclusion in the redemption value of the weekly amount of the supplementary payment, and whether he will consider amending the Order so as to make it applicable to cases where compensation is payable under voluntary agreements in the same way as it applies to cases in which the compensation is fixed, in the first instance, by court order or recorded agreement.

I am not aware that the position is as stated by the Deputy. Section 53 of the Workmen's Compensation Act, 1934, provides that "any person interested in any weekly payment agreement, variation agreement, retention agreement, computation agreement, by way of compromise may send such agreement to the county registrar with an application to have the same registered in the register", and the county registrar, if satisfied that the agreement is in order, is obliged to register such agreement. An agreement when registered becomes binding under the Act, and any payments to which the workmen would be entitled under the agreement are subject to the provisions of the Act and to any amendments made thereto by way of Emergency Powers Order or amending legislation. Accordingly, I am not satisfied that there is any necessity to amend the Emergency Powers No. 274 Order, 1943, as suggested by the Deputy.

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