Social Welfare (Consolidation) Act, 1981
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CHAPTER 2 Disability Benefit | ||
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Title to benefit. [1952, s. 15] |
18.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as a day of incapacity for work) which forms part of a period of interruption of employment, if— | |
(a) he is under pensionable age on the day for which the benefit is claimed, and | ||
(b) he satisfies the contribution conditions in section 19 . | ||
[1980, s. 17] | ||
(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work. | ||
[1974 (No. 2), s. 10] | ||
(3) Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant. | ||
(4) For the purposes of any provision of this Act relating to disability benefit— | ||
(a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work, | ||
(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment, | ||
(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment, | ||
[1980, s. 17] | ||
(d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74 (2) applies, | ||
(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days. | ||
(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment. | ||
(6) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate. |