Social Welfare (Consolidation) Act, 1981

Social Welfare (Consolidation) Act, 1981 1981 1

		No. 1/1981: SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

		ARRANGEMENT OF SECTIONS
		PART I PRELIMINARY
		1 Short title.
		2 Interpretation generally.
		3 General provisions as to regulations.
		4 Expenses.
		PART II SOCIAL INSURANCE
		CHAPTER 1 INSURED PERSONS, CONTRIBUTIONS AND BENEFITS
		5 Insured persons.
		6 Employment by more than one employer.
		7 Modified insurance.
		8 Employment outside the State.
		9 Sources of moneys for benefits.
		10 Employment contributions.
		11 Voluntary contributions.
		12 Regulations varying rates of contributions.
		13 Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.
		14 Exceptions and credits.
		15 Payment of contributions and keeping of records.
		16 Return of contributions paid in error.
		17 Description of benefits.
		CHAPTER 2 DISABILITY BENEFIT
		18 Title to benefit.
		19 Conditions for receipt.
		20 Rates of benefit.
		21 Increases for adult and child dependants.
		22 Duration of payment.
		23 Disqualifications.
		CHAPTER 3 MATERNITY ALLOWANCE
		24 Title to and duration of allowance.
		25 Conditions for receipt.
		26 Rate of allowance.
		27 Disqualifications.
		28 Supplementary provisions.
		CHAPTER 4 UNEMPLOYMENT BENEFIT
		29 Title to benefit.
		30 Conditions for receipt.
		31 Rates of benefit.
		32 Increases for adult and child dependants.
		33 Reduced rates of benefit.
		34 Duration of payment.
		35 Disqualifications.
		CHAPTER 5 OCCUPATIONAL INJURY BENEFITS
		36 Interpretation.
		37 Occupational injuries insurance.
		38 Insurable (Occupational injuries) employment.
		39 Extension of meaning of references to accidents arising out of and in the course of employment.
		40 Accidents in illegal employment, etc.
		41 Accidents outside the State.
		42 Injury benefit.
		43 Disablement benefit.
		44 Increase of injury benefit and disablement pension for adult and child dependants.
		45 Increase of disablement pension on account or unemployability .
		46 Increase of disablement pension where constant attendance is needed.
		47 Increase of disablement benefit during approved hospital treatment.
		48 Adjustments for successive accidents.
		49 Title to death benefit.
		50 Death benefit for widows and widowers and increases for qualified children.
		51 Death benefit—parents.
		52 Death benefit—orphans.
		53 Death benefit—funeral expenses.
		54 Insurance against prescribed diseases and in injuries not caused by accident.
		55 Supplements to workmen's compensation payments.
		56 Limitation of benefits by pre-accident earnings.
		57 Cost of medical care.
		58 Notice of accidents.
		59 Reporting of accidents by employers.
		60 Declaration that accident is an occupational accident.
		61 Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.
		62 Treating person as incapable of work, etc.
		63 Medical treatment and approved hospital treatment.
		64 Rehabilitation.
		65 Employment contributions.
		66 Research.
		67 Occupational Injuries Fund.
		68 Taking of benefit into account in assessing damages.
		69 Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.
		70 Construction of certain references in Local Government (Supperannuation) Act, 1956.
		CHAPTER 6 PAY-RELATED BENEFIT
		71 Interpretation.
		72 Title to benefit.
		73 Rate of benefit.
		74 Duration of payment.
		75 Transitional provisions.
		76 Regulations.
		77 Information in relation to reckonable earnings.
		CHAPTER 7 OLD AGE (CONTRIBUTORY) PENSION
		78 Title to pension.
		79 Conditions for receipt.
		80 Rates of pension.
		81 Increases (including increases for adult and child dependants).
		82 Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments.
		CHAPTER 8 RETIREMENT PENSION
		83 Title to pension.
		84 Conditions for receipt.
		85 Rates of pension.
		86 Increases (including increases for adult and child dependants).
		CHAPTER 9 SURVIVOR'S BENEFIT
		87 Title to benefit.
		CHAPTER 10 INVAIDITY PENSION
		88 Title to pension.
		89 Conditions for receipt.
		90 Rates of pension.
		91 Increases (including increases for adult and child dependants).
		CHAPTER 11 WIDOW'S (CONTRIBUTORY) PENSION
		92 Title to pension.
		93 Conditions for receipt.
		94 Rates of pension.
		95 Increases (including increases for child dependants).
		CHAPTER 12 ORPHAN'S (CONTRIBUTORY) ALLOWANCE
		96 Title to allowance.
		97 Condition for receipt.
		98 Rate of allowance.
		99 Payment of allowance.
		CHAPTER 13 DESERTED WIFE'S BENEFIT
		100 Title to benefit.
		101 Conditions for receipt.
		102 Rates of benefit.
		103 Increases (including increases for child dependants).
		CHAPTER 14 MATERNITY GRANT
		104 Title to grant.
		105 Conditions for receipt.
		106 Amount of grant.
		CHAPTER 15 DEATH GRANT
		107 Title to grant.
		108 Conditions for receipt.
		109 Amount of grant.
		CHAPTER 16 TREATMENT BENEFIT
		110 General provisions as to benefit.
		CHAPTER 17 ADMINISTRATION, LEGAL PROCEEDINGS AND FINANCE
		111 Decisions.
		112 Administration of benefit.
		113 Interim payments, arrears and repayments.
		114 Inspectors.
		115 Offences, including offences relating to bodies corporate.
		116 General provisions as to prosecutions.
		117 Recovery of sums due to the Social Insurance Fund by civil proceedings.
		118 Application of Probation of Offenders Act, 1907.
		119 Effect of decision.
		120 Winding-up and bankruptcy.
		121 Married women.
		122 Social Insurance Fund.
		123 Payments from Fund for acquisition of land, etc.
		CHAPTER 18 MISCELLANEOUS PROVISIONS
		124 Prevention of double increase for prescribed relative.
		125 Payments after death.
		126 Provisions as to maintenance.
		127 Free certificates.
		128 Claims.
		129 Absence from the State or imprisonment.
		130 Overlapping provisions, etc.
		131 Adjusting payments of benefits.
		132 Loss of benefit because of employer's default.
		133 Continuity of insurance under old codes.
		PART III SOCIAL ASSISTANCE
		CHAPTER I PRELIMINARY
		134 Description of assistance.
		CHAPTER 2 UNEMPLOYMENT ASSISTANCE
		135 Interpretation.
		136 Qualification certificates.
		137 Right to assistance.
		138 Statutory conditions.
		139 Rates of assistance.
		140 Effect of means on rates.
		141 Revocation and amendment of qualification certificates.
		142 Disqualifications.
		143 Operative date of certain decisions.
		144 False statements and offences.
		145 Prosecutions.
		146 Calculation of means.
		147 Calculation of means—alternative method.
		148 Regulations—general.
		149 Regulations—specific.
		150 Payment of unemployment assistance.
		151 Overpayments.
		152 Unemployment assistance granted to persons in receipt of supplementary welfare allowance.
		153 Payments to Minister by local authorities.
		154 Certificate of valuation.
		155 Extension of meaning of "urban area".
		156 Date of operation of census.
		CHAPTER 3 OLD AGE AND BLIND PENSIONS (NON-CONTRIBUTORY)
		157 Interpretation.
		158 Right to pension.
		159 Statutory conditions.
		160 Special conditions for receipt of pension.
		161 Rates of pension and increases for child dependants.
		162 Increases for incapacitated and married pensioners.
		163 Disqualifications.
		164 Decisions and appeals.
		165 Local pension committees and social welfare officers.
		166 Raising of questions.
		167 Commencement of pensions.
		168 General provisions as to prosecutions.
		169 Legal proceedings.
		170 Regulations.
		171 Pensions of persons in certain mental institutions.
		172 Notification of increase of means.
		173 Furnishing of information to social welfare officers.
		174 Furnishing of information to social welfare officers by personal representatives.
		175 Right to pension and statutory conditions.
		CHAPTER 4 WIDOW'S AND ORPHAN'S PENSIONS (NON-CONTRIBUTORY)
		176 Interpretation.
		177 Right to pension.
		178 Rates of pension and increases for child dependants.
		179 Increases for incapacitated pensioners.
		180 Disqualifications.
		181 Provisions against double pensions.
		182 Right to pension.
		183 Rates of pension.
		184 Claims.
		185 Appointment and duties of social welfare officers.
		186 Absence from the State.
		187 Commencement of pensions.
		188 Penalty for false statements.
		189 Regulations.
		190 Payment of widows' pensions.
		191 Payment of orphans' pensions.
		192 Repayment of pension overpaid.
		193 Pension granted to person in receipt of unemployment assistance.
		194 Pension granted to person in receipt of supplementary welfare allowance.
		CHAPTER 5 ALLOWANCES FOR CERTAIN WOMEN
		195 Deserted wife's allowance.
		196 Prisoner's wife's allowance.
		197 Social assistance allowance.
		198 Single woman's allowance.
		CHAPTER 6 SUPPLEMENTARY WELFARE ALLOWANCE
		199 Interpretation.
		200 Entitlement to supplementary welfare allowance.
		201 Exclusion of persons receiving full-time education.
		202 Exclusion of persons in full-time employment.
		203 Persons affected by trade disputes.
		204 Administration.
		205 Appeals.
		206 Conditions for grant of supplementary welfare allowance.
		207 Calculation of supplementary welfare allowance.
		208 Weekly amounts of supplementary welfare allowance for persons of no means.
		209 Additions to weekly amount of supplementary welfare allowance and other income.
		210 Calculation of means.
		211 Allowances in kind.
		212 Power to make single payment for exceptional need.
		213 Grant of supplementary welfare allowance in cases of urgency.
		214 Liability to maintain dependants.
		215 Recovery of and contributions to supplementary welfare allowance.
		216 Arrangements for burials.
		217 Estimates of income and expenditure in respect of supplementary welfare allowance.
		218 Financing of health board expenditure.
		219 Regulations.
		220 Transfers of certain property.
		221 Transfer of certain officers and enforceability of contracts.
		222 Transitional provisions.
		PART IV CHILDREN'S ALLOWANCES
		223 Qualified child.
		224 Qualified persons.
		225 Amounts of children's allowance.
		226 Time limit for payment.
		227 Appointment and duties of social welfare officers.
		228 Exclusion of children's allowance for superannuation or pension purposes.
		229 Repayment of children's allowances overpaid.
		230 Payments to appointed persons and absence from State.
		231 Penalty for false statements.
		232 Regulations.
		PART V INTERMITTENT UNEMPLOYMENT INSURANCE
		233 Interpretation.
		234 Insurable employment.
		235 Employment in the building, civil engineering and painting trades.
		236 Excepted persons.
		237 Persons employed by the State.
		238 Extension of meaning of "insurable employment" and "skilled worker".
		239 Insurance against intermittent unemployment.
		240 Contributions.
		241 Liability for contributions.
		242 Employer's contribution irrecoverable from insured person.
		243 Recovery by employer of insured person's contribution.
		244 Persons treated as employers.
		245 Dates of payment of contributions.
		246 Repayment of contributions.
		247 Regulations as to payment of contributions by stamps, etc.
		248 Issue of Supplementary insurance stamps.
		249 Powers of Minister for Posts and Telegraphs in relation to supplementary insurance stamps.
		250 Winding-up and bankruptcy.
		251 Right to supplementary benefit.
		252 Rates of supplementary benefit.
		253 Conditions for receipt of supplementary benefit.
		254 Notification of intermittent unemployment.
		255 Payment of supplementary benefit by employers.
		256 Payment of supplementary benefit by Minister.
		257 Repayment by Minister of benefit paid by employers.
		258 Circumstances in which no repayments are to be made to employers.
		259 Recovery of amounts improperly paid.
		260 Notification of amounts improperly paid.
		261 Procedure.
		262 Additional methods of fulfilling conditions.
		263 Restriction on payment of unemployment benefit and unemployment assistance.
		264 Inspectors.
		265 Provisions in relation to excepted persons whose employment is terminated.
		266 Offences, including offences relating to bodies corporate.
		267 Prosecutions.
		268 Civil proceedings against employer.
		269 Continuance, etc, of the Fund.
		270 Advances out of Central Fund.
		271 Decisions.
		272 Application of administration provisions.
		PART VI SCHOOL MEALS AND FUEL SCHEMES
		CHAPTER 1 SCHOOL MEALS (NATIONAL SCHOOLS)
		273 Interpretation.
		274 Power of local authority to provide meals.
		275 Recovery of cost of meals.
		276 Power of local authority to defray cost of food in certain cases.
		277 Provision of meals on days when schools do not meet.
		278 Exemption of teachers from duties.
		CHAPTER 2 MEALS (OTHER THAN IN NATIONAL SCHOOLS)
		279 General powers of local authorities.
		CHAPTER 3 SCHOOL MEALS (GAELTACHT)
		280 Interpretation.
		281 Application.
		282 Authority to provide meals.
		283 Appointment of committees.
		284 Exemption of teachers from duties.
		285 Payments in aid to county councils.
		286 Regulations.
		287 Expenses of county councils.
		288 The Gaeltacht.
		CHAPTER 4 FUEL SCHEME
		289 Cheap fuel scheme.
		PART VII ALIENATION OF BOOKS AND DOCUMENTS
		290 Application.
		291 Prohibition of alienation of documents.
		292 Avoidance of alienation of documents.
		293 Return of documents on demand.
		294 Punishment for offences.
		PART VIII DECISIONS, APPEALS AND MISCELLANEOUS
		295 Deciding officers.
		296 Decisions by deciding officers.
		297 Appeals officers.
		298 Appeals and references to appeals officers.
		299 Appeals to High Court.
		300 Revision of decisions.
		301 Certificate by deciding or appeals officer.
		302 Stamp duty.
		303 Birth, marriage and death certificates.
		304 Inalienability.
		305 Means for purpose of Debtors Act (Ireland), 1872.
		306 Exclusion in assessment of damages.
		307 Reciprocal arrangements.
		308 Regulations varying rates of benefit or assistance.
		309 Regulations securing continuity of certain provisions repealed, amended, etc.
		PART IX COMMENCEMENT, REPEALS AND CONTINUANCE
		310 Commencement and repeals.
		311 Continuity of repealed enactment.
		312 Continuance of instruments, officers and documents.
		313 Superannuation of certain officers.
		FIRST SCHEDULE
		SECOND SCHEDULE
		THIRD SCHEDULE
		FOURTH SCHEDULE
		FIFTH SCHEDULE
		SIXTH SCHEDULE

		AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE, CHILDREN'S ALLOWANCES, INTERMITTENT UNEMPLOYMENT INSURANCE AND OTHER ENACTMENTS RELATING TO SOCIAL WELFARE.
		[24th February, 1981]
		BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Irish Statute Book

Social Welfare (Consolidation) Act, 1981