Social Welfare Act, 1952

Absence from the State or imprisonment.

31.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that person—

(a) is absent from the State, or

(b) is undergoing penal servitude imprisonment or detention in legal custody.

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 26 of this Act in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) of this section which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(4) Notwithstanding a disqualification by virtue of subsection (1) of this section for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.