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No. 27/1993:
SOCIAL WELFARE (CONSOLIDATION) ACT, 1993
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ARRANGEMENT OF SECTIONS
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PART I
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PRELIMINARY
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Section.
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1. Short title.
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2. Definitions.
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3. Interpretation generally.
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4. General provisions as to regulations.
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5. Expenses.
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PART II
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SOCIAL INSURANCE
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CHAPTER 1
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THE SOCIAL INSURANCE FUND
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6. Sources of moneys for benefits.
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7. Social Insurance Fund.
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8. Payments from Fund for acquisition of land, etc.
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CHAPTER 2
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EMPLOYED CONTRIBUTORS AND EMPLOYMENT CONTRIBUTIONS
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9. Employed contributors and insured persons.
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10. Employment contributions.
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11. Modified insurance.
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12. Calculation of reckonable earnings.
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13. Employment by more than one employer.
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14. Payment of contributions and keeping of records.
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15. Priority debts to Social Insurance Fund in a company winding-up.
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16. Winding-up and bankruptcy.
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CHAPTER 3
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SELF-EMPLOYED CONTRIBUTORS AND SELF-EMPLOYMENT CONTRIBUTIONS
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17. Self-employed contributors and insured persons.
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18. Rates of self-employment contributions and related matters.
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19. Regulations providing for determination of contributions payable.
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20. Regulations for collection of self-employment contributions, etc.
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CHAPTER 4
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VOLUNTARY CONTRIBUTORS AND VOLUNTARY CONTRIBUTIONS
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21. Voluntary contributors.
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22. Voluntary contributions by former employed contributors.
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23. Voluntary contributions by former self-employed contributors.
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24. Calculation of voluntary contributions.
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CHAPTER 5
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GENERAL
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25. Employment outside State.
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26. Regulations varying rates and amounts of contributions.
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27. Exceptions and credits.
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28. Return of contributions paid in error.
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29. Return of contributions where entry into insurance occurs after specified age.
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CHAPTER 6
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DESCRIPTION OF BENEFITS
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30. Description of benefits.
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CHAPTER 7
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DISABILITY BENEFIT
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31. Entitlement to benefit.
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32. Conditions for receipt.
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33. Rate of benefit.
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34. Increases for adult and child dependants.
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35. Duration of payment.
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36. Disqualifications.
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CHAPTER 8
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MATERNITY BENEFIT
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37. Entitlement to and duration of benefit.
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38. Conditions for receipt.
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39. Rate of benefit.
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40. Disqualifications.
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41. Supplementary provisions.
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CHAPTER 9
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UNEMPLOYMENT BENEFIT
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42. Entitlement to benefit.
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43. Conditions for receipt.
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44. Rate of benefit.
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45. Increases for adult and child dependants.
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46. Duration of payment.
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47. Disqualifications.
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CHAPTER 10
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OCCUPATIONAL INJURIES BENEFITS
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Preliminary
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48. Interpretation.
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Insurable Employment
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49. Occupational injuries insurance.
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50. Insurable (occupational injuries) employment.
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51. Extension of meaning of references to accidents arising out of and in course of employment.
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52. Accidents in illegal employment and accidents outside State.
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Benefits
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53. Injury benefit.
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54. Disablement benefit.
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55. Increase of injury benefit and disablement pension for adult and child dependants.
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56. Increase of disablement pension on account of unemployability.
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57. Increase of disablement pension where constant attendance is needed.
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58. Adjustments for successive accidents.
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59. Entitlement to death benefit.
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60. Death benefit for widows and widowers and increases for qualified children, etc.
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61. Death benefit—parents.
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62. Death benefit—orphans.
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63. Death benefit—funeral expenses.
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64. Supplements to workmen's compensation payments.
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65. Cost of medical care.
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Prescribed Diseases
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66. Insurance against prescribed diseases and injuries not caused by accident.
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Occupational Accidents
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67. Notice of accidents.
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68. Reporting of accidents by employers.
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69. Declaration that accident is an occupational accident.
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Miscellaneous
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70. Disqualifications for injury benefit or disablement benefit and suspension of proceedings.
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71. Treating person as incapable of work, etc.
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72. Medical treatment.
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73. Rehabilitation.
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74. Research.
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75. Taking of benefit into account in assessing damages.
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76. Saver for repeal of Workmen's Compensation Acts.
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77. Construction of certain references in Local Government (Superannuation) Act, 1956.
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CHAPTER 11
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PAY-RELATED BENEFIT
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78. Interpretation.
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79. Entitlement to benefit.
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80. Rate of benefit.
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81. Duration of payment.
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82. Regulations.
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CHAPTER 12
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OLD AGE (CONTRIBUTORY) PENSION
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83. Entitlement to pension.
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84. Conditions for receipt.
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85. Disregard of self-employment contributions in certain cases.
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86. Rate of pension.
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87. Increases (including increases for adult and child dependants).
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CHAPTER 13
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RETIREMENT PENSION
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88. Entitlement to pension.
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89. Conditions for receipt.
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90. Rate of pension.
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91. Increases (including increases for adult and child dependants).
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CHAPTER 14
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SURVIVOR'S BENEFIT
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92. Entitlement to benefit.
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93. Rate of benefit.
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94. Increases (including increases for child dependants).
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CHAPTER 15
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INVALIDITY PENSION
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95. Entitlement to pension.
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96. Conditions for receipt.
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97. Contributions paid under National Health Insurance Acts
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98. Rate of pension.
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99. Increases (including increases for adult and child dependant
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CHAPTER 16
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WIDOW'S (CONTRIBUTORY) PENSION
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100. Entitlement to pension.
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101. Conditions for receipt.
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102. Determination of date of entry into insurance for certain s employed contributors.
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103. Disregard of self-employment contributions in certain case
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104. Rate of pension.
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105. Increases (including increases for child dependants).
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CHAPTER 17
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ORPHAN'S (CONTRIBUTORY) ALLOWANCE
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106. Entitlement to allowance.
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107. Condition for receipt.
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108. Rate of allowance.
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109. Payment of allowance.
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CHAPTER 18
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DESERTED WIFE'S BENEFIT
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110. Entitlement to benefit.
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111. Conditions for receipt.
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112. Rate of benefit.
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113. Increases (including increases for child dependants).
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CHAPTER 19
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DEATH GRANT
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114. Entitlement to grant.
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115. Conditions for receipt.
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116. Amount of grant.
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CHAPTER 20
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TREATMENT BENEFIT
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117. General provisions as to benefit.
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PART III
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SOCIAL ASSISTANCE
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CHAPTER 1
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DESCRIPTION OF SOCIAL ASSISTANCE
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118. Description of assistance.
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CHAPTER 2
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UNEMPLOYMENT ASSISTANCE
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119. Interpretation.
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120. Entitlement to assistance.
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121. Rates of assistance and effect of means on rates.
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122. Total amount payable to couple.
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123. Certain claims.
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124. Amount of increases payable in respect of qualified child in certain cases.
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125. Disqualifications.
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126. Disqualifications (continued).
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CHAPTER 3
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PRE-RETIREMENT ALLOWANCE
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127. Entitlement to allowance.
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128. Rate of allowance (including increases for adult and child dependants).
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129. Regulations.
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130. Integration of single woman's allowance scheme with pre-retirement allowance scheme.
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131. Single woman's allowance -transitional provisions.
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CHAPTER 4
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OLD AGE (NON-CONTRIBUTORY) PENSION
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132. Interpretation.
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133. Entitlement to pension.
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134. Statutory conditions.
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135. Special conditions for receipt of pension.
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136. Rate of pension and increases for child dependants.
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137. Increases (including increase for one of a couple).
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138. Amount of increases payable in respect of qualified child normally resident with beneficiary.
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139. Disqualifications.
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140. Pensions of persons in certain mental institutions.
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CHAPTER 5
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BLIND PENSION
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141. Entitlement to pension.
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CHAPTER 6
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WIDOW'S AND ORPHAN'S (NON-CONTRIBUTORY) PENSIONS
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142. Interpretation.
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143. Entitlement to pension.
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144. Rate of pension.
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145. Increases.
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146. Disqualifications.
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147. Provisions against double pensions.
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Orphan's Pension
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148. Entitlement to pension.
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149. Rate of pension.
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150. Civil proceedings.
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151. Payment of pension.
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CHAPTER 7
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DESERTED WIFE'S ALLOWANCE
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152. Entitlement to allowance.
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153. Regulations.
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154. Disqualification.
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CHAPTER 8
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PRISONER'S WIFE'S ALLOWANCE
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155. Entitlement to allowance.
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156. Disqualification.
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CHAPTER 9
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LONE PARENT'S ALLOWANCE
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157. Interpretation.
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158. Entitlement to allowance.
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159. Rate of allowance and increases for child dependants.
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160. Disqualification.
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161. Prisoners' spouses.
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162. Regulations.
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CHAPTER 10
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CARER'S ALLOWANCE
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163. Interpretation.
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164. Entitlement to allowance.
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165. Rate of allowance.
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166. Payment of allowance.
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167. Prescribed relative allowance.
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168. Entitlement to prescribed relative allowance.
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169. Regulations.
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CHAPTER 11
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SUPPLEMENTARY WELFARE ALLOWANCE
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170. Interpretation.
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171. Entitlement to supplementary welfare allowance.
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172. Exclusion of persons receiving full-time education.
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173. Exclusion of persons in full-time employment.
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174. Persons affected by trade disputes.
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175. Administration.
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176. Conditions for grant of supplementary welfare allowance.
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177. Calculation of supplementary welfare allowance.
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178. Weekly amounts of supplementary welfare allowance for persons of no means.
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179. Additions to weekly amount of supplementary welfare allowance and other income.
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180. Allowances in kind.
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181. Power to make single payment for exceptional need.
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182. Grant of supplementary welfare allowance in cases of urgency.
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183. Supplementary welfare allowance granted to persons in receipt of certain health board payments.
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184. Recoupment of supplementary welfare allowance.
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185. Arrangements for burials.
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186. Estimates of income and expenditure in respect of supplementary welfare allowance.
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187. Financing of health board expenditure.
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188. Regulations.
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189. Transfer of certain property.
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190. Transfer of certain officers and enforceability of contracts.
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191. Transitional provisions.
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PART IV
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CHILD BENEFIT
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192. Qualified child.
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193. Qualified person.
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194. Amounts of child benefit.
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195. Exclusion of child benefit for superannuation or pension purposes.
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196. Payments to persons absent from State.
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PART V
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FAMILY INCOME SUPPLEMENT
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197. Interpretation.
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198. Entitlement to supplement.
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199. Rate of supplement.
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200. Period of payment.
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201. Person to whom supplement is payable.
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202. Regulations.
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203. Receipt of claims.
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PART VI
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GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY
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Preliminary
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204. Definitions.
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CHAPTER 1
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CLAIMS AND PAYMENTS
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205. Claims.
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206. Payments.
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207. Payment to persons other than claimant or beneficiary.
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208. Statutory declarations.
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CHAPTER 2
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PROVISIONS RELATING TO ENTITLEMENT
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209. Overlapping provisions.
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210. Payments after death.
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211. Absence from State or imprisonment.
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CHAPTER 3
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APPOINTMENT AND DUTIES OF SOCIAL WELFARE INSPECTORS
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212. Social welfare inspectors.
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CHAPTER 4
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OFFENCES, MISCELLANEOUS CONTROL PROVISIONS AND PROCEEDINGS
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Offences
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213. False statements and offences, including offences relating to bodies corporate.
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214. Offences in relation to employment contributions.
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215. Notification by employer, etc. of commencement of employment.
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216. Information to be furnished by employers to Minister.
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217. Application of Probation of Offenders Act, 1907.
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218. Penalties.
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Miscellaneous Control Provisions
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219. Failure to keep records.
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220. Loss of benefit because of employer's default.
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221. Information required by Minister.
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222. Exchange of information.
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223. Personal social services number.
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Proceedings
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224. Provisions relating to prosecutions.
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225. Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.
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CHAPTER 5
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ALIENATION OF BOOKS AND DOCUMENTS
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226. Application.
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227. Prohibition of alienation of documents.
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228. Avoidance of alienation of documents.
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229. Return of documents on demand.
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CHAPTER 6
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MISCELLANEOUS PROVISIONS
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230. Provisions as to maintenance.
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231. Free certificates.
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232. Stamp duty.
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233. Birth, marriage and death certificates.
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234. Inalienability.
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235. Means for purpose of Debtors Act (Ireland), 1872.
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236. Exclusion in assessment of damages.
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237. Taking of disability benefit and invalidity pension into account in assessing certain damages.
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238. Reciprocal arrangements.
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239. Administration of social welfare schemes.
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240. Budgeting in relation to social welfare payments.
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241. Regulations varying rates of benefit or assistance.
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242. Effect of means on certain rates of assistance.
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243. Regulations in relation to benefit or assistance.
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244. Application of provisions of this Act, etc. by regulations.
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245. Payment of increases in respect of qualified children.
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PART VII
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DECISIONS, APPEALS AND SOCIAL WELFARE TRIBUNAL
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CHAPTER 1
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DECIDING OFFICERS AND DECISIONS BY DECIDING OFFICERS
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Appointment and Functions of Deciding Officers
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246. Appointment of deciding officers.
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247. Decisions by deciding officers.
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Revised Decisions by Deciding Officers
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248. Revision of decisions by deciding officers.
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249. Effect of revised decisions by deciding officers.
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250. Reference by deciding officer to appeals officer.
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CHAPTER 2
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APPEALS OFFICERS, CHIEF APPEALS OFFICER AND DECISIONS BY APPEALS OFFICERS
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251. Appointment of appeals officers.
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Chief Appeals Officer
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252. Chief Appeals Officer.
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253. Reference of appeal to High Court by Chief Appeals Officer.
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254. Annual reports by Chief Appeals Officer.
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255. Appointment of assessors by Chief Appeals Officer.
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256. Other functions of Chief Appeals Officer.
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Procedures for Appeals
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257. Appeals and references to appeals officers.
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258. Power to take evidence on oath.
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259. Notification to persons to attend and give evidence or produce documents at appeal hearing.
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260. Procedure where assessor appointed.
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261. Award of expenses.
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Revised Decisions by Chief Appeals Officer and by Appeals Officers
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262. Revision by appeals officer of decisions of appeals officers.
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263. Revision by Chief Appeals Officer of decisions of appeals officers.
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264. Effect of revised decisions by appeals officers.
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265. Decision of appeals officer to be final and conclusive.
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CHAPTER 3
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SUPPLEMENTARY WELFARE ALLOWANCE — DETERMINATIONS AND APPEALS
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266. Determination of entitlement to supplementary welfare allowance.
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267. Appeals.
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268. Revision of determinations of entitlement to supplementary welfare allowance.
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269. Effect of revised determinations by officers of health board.
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CHAPTER 4
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GENERAL PROVISIONS RELATING TO DECISIONS AND APPEALS
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270. Appeals—oral hearings.
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271. Appeals to High Court.
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272. Certificate by deciding officer, appeals officer or officer of health board.
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273. Revision to include revision consisting of reversal.
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CHAPTER 5
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SOCIAL WELFARE TRIBUNAL
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274. Application for adjudication by Social Welfare Tribunal.
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275. Adjudications by Social Welfare Tribunal.
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276. Social Welfare Tribunal.
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PART VIII
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OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.
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277. Interim payments and suspension of payment.
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278. Overpayments.
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279. Repayment of benefit, assistance, etc. overpaid.
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280. Distribution of assets.
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281. Recovery of sums due by civil proceedings or by deduction from other payments.
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282. Repayment of amounts due to be deferred, suspended, reduced or cancelled.
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283. Effect of decision for purposes of proceedings.
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PART IX
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LIABILITY TO MAINTAIN FAMILY
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284. Interpretation.
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285. Liability to maintain family.
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286. Contribution towards benefit or allowance.
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287. Attachment of earnings order.
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288. Obligations on employer in relation to attachment of earnings order.
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289. Payments under attachment of earnings order.
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290. Powers of District Court.
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291. Changes in employment.
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292. Determinations by District Court.
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293. Liable relative in service of State.
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294. Discharge, variation or lapse of attachment of earnings order.
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295. Cesser.
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296. Offences.
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297. Payments under order of court to offset contributions.
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298. Recipient of benefit or allowance to transfer to competent authority payments under order of court.
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299. Investigations by health boards.
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PART X
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COMMENCEMENT, REPEALS AND CONTINUANCE
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300. Repeals.
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301. Continuity of repealed enactments.
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302. Continuance of instruments, officers and documents.
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303. Continuity of insurance under old codes.
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304. Commencement.
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FIRST SCHEDULE
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EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS
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PART I
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EMPLOYMENTS
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PART II
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EXCEPTED EMPLOYMENTS
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PART III
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EXCEPTED SELF-EMPLOYED CONTRIBUTORS
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SECOND SCHEDULE
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RATES OF BENEFITS
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PART I
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RATES OF PERIODICAL BENEFITS AND INCREASES THEREOF
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PART II
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OCCUPATIONAL INJURIES BENEFITS — GRATUITIES AND GRANT
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PART III
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DISABLEMENT PENSION
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PART IV
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INCREASES OF DISABLEMENT PENSION
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PART V
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DEATH GRANT
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THIRD SCHEDULE
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RULES AS TO CALCULATION OF MEANS
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PART I
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UNEMPLOYMENT ASSISTANCE AND PRE-RETIREMENT ALLOWANCE
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PART II
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OLD AGE (NON-CONTRIBUTORY), BLIND, WIDOW'S AND ORPHAN'S (NON-CONTRIBUTORY) PENSIONS, DESERTED WIFE'S, PRISONER'S WIFE'S, LONE PARENT'S AND CARER'S ALLOWANCES
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PART III
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SUPPLEMENTARY WELFARE ALLOWANCE
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FOURTH SCHEDULE
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RATES OF ASSISTANCE
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PART I
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RATES OF PERIODICAL SOCIAL ASSISTANCE AND INCREASES THEREOF
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PART II
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INCREASE OF OLD AGE (NON-CONTRIBUTORY) PENSION AND BLIND PENSION FOR ONE OF A COUPLE
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PART III
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AMOUNTS OF CHILD BENEFIT
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FIFTH SCHEDULE
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ENACTMENTS, REPEALED
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SIXTH SCHEDULE
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COMMENCEMENT OF CERTAIN PROVISIONS
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TABLE OF STATUTES REFERRED TO
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| Short Title |
Session and chapter or number and year |
| Agriculture Act, 1931 |
No. 8 of 1931. |
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| Blind Persons Act, 1920 |
10 & 11 Geo. 5. |
C.49. |
| Central Bank Act, 1971 |
No. 24 of 1971. |
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| Civil Liability Act, 1961 |
No. 41 of 1961. |
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| Civil Liability (Amendment) Act, 1964 |
No. 17 of 1964. |
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| Companies Act, 1963 |
No, 33 of 1963. |
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| Courts (No. 2) Act 1986 |
No. 26 of 1986. |
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| Debtors Act (Ireland) 1872 |
35 & 36 Vic. |
C.57. |
| Dublin Institute of Technology Act, 1992 |
No. 15 of 1992. |
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| Enforcement of Court Orders Act, 1926 |
No. 18 of 1926. |
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| Enforcement of Court Orders Act, 1940 |
No. 23 of 1940. |
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Family Law (Maintenance of Spouses and Children) Act, 1976
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No. 11 of 1976. |
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| Fatal Injuries Act, 1956 |
No. 3 of 1956. |
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| Finance Act, 1969 |
No. 21 of 1969. |
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| Finance Act. 1970 |
No. 14 of 1970. |
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| Finance Act, 1975 |
No. 6 of 1975. |
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| Finance Act, 1980 |
No. 14 of 1980. |
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| Finance Act, 1986 |
No. 13 of 1986. |
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| Finance Act, 1992 |
No. 9 of 1992. |
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| Harbours Act, 1946 |
No. 9 of 1946. |
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| Health Act, 1947 |
No. 28 of 1947. |
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| Health Act, 1953 |
No. 26 of 1953. |
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| Health Act, 1970 |
No. 1 of 1970. |
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| Health Authorities Act, 1960 |
No. 9 of 1960. |
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| Health Contributions Act, 1979 |
No. 4 of 1979. |
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| Higher Education Authority Act, 1971 |
No. 21 of 1971. |
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| Housing (Private Rented Dwellings) Act, 1982 |
No. 6 of 1982. |
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| Income Tax Act, 1967 |
No. 6 of 1967. |
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| Labour Services Act, 1997 |
No. 15 of 1987. |
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| Local Government Act, 1941 |
No. 23 of 1941. |
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| Local Government (Superannuation) Act, 1956 |
No. 10 of 1956. |
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| Maternity Protection of Employees Act, 1981 |
No. 2 of 1981. |
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| Mental Treatment Act, 1945 |
No. 19 of 1945. |
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Minimum Notice and Terms of Employment Act, 1973
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No. 4 of 1973. |
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National Council for Educational Awards Act, 1979
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No. 30 of 1979. |
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| National Archives Act, 1986 |
No. 11 of 1986. |
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| National Health Insurance Act, 1933 |
No. 13 of 1933. |
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| National Insurance Act, 1911 |
1 & 2 Geo. 5. |
C.55. |
| Pilotage Act, 1913 |
2 & 3 Geo. 5. |
C.31. |
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Preferential Payment in Bankruptcy (Ireland) Act, 1889
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52 & 53 Vic. |
C.60. |
| Probation of Offenders Act, 1907 |
7 Edw. 7. |
C. 17. |
| Public Assistance Act, 1939 |
No. 27 of 1939. |
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| Regional Technical Colleges Act, 1992 |
No. 16 of 1992. |
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| Road Traffic Act, 1961 |
No. 24 of 1961. |
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| Social Welfare Act, 1950 |
No. 14 of 1950. |
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| Social Welfare Act, 1952 |
No. 11 of 1952. |
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| Social Welfare (Occupational Injuries) Act, 1966 |
No. 16 of 1966. |
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| Social Welfare Act, 1973 |
No. 10 of 1973. |
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| Social Welfare Act, 1975 |
No. 1 of 1975. |
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Social Welfare (Supplementary Welfare Allowance) Act, 1975
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No. 28 of 1975. |
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| Social Welfare (Consolidation) Act, 1981 |
No. 1 of 1981. |
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| Social Welfare Act, 1988 |
No. 7 of 1988. |
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| Social Welfare (No. 2) Act, 1989 |
No. 12 of 1989. |
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| Social Welfare Act, 1991 |
No. 7 of 1991. |
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| Social Welfare Act, 1992 |
No. 5 of 1992. |
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| Status of Children Act, 1987 |
No. 26 of 1987. |
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| Superannuation Act, 1936 |
No. 39 of 1936. |
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| Statutory Declarations Act, 1938 |
No. 37 of 1938. |
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| Unemployment Insurance Act, 1920 |
10 & 11 Geo. 5. |
C.55. |
| Vocational Education Act, 1930 |
No. 29 of 1930. |
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| Widows' and Orphans' Pensions Act. 1935 |
No. 29 of 1935. |
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| Workmen's Compensation Act, 1906 |
6 Edw. 7. |
C.58. |
| Workmen's Compensation Act, 1934 |
No. 9 of 1934. |
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| Youth Employment Agency Act, 1981 |
No. 32 of 1981. |
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ACTS CITED COLLECTIVELY
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Adoption Acts, 1952 to 1991
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Army Pensions Acts, 1923 to 1980
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Companies Acts, 1963 to 1990
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Connaught Rangers (Pensions) Acts, 1936 to 1964
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Garda Síochána (Compensation) Acts, 1941 and 1945
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Health Acts, 1947 to 1991
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Housing Acts, 1966 to 1988
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Income Tax Acts
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Labourers Acts, 1883 to 1965
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Local Authorities (Higher Education Grants) Acts, 1968 to 1992
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Mental Treatment Acts, 1945 to 1966
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Military Service (Pensions) Acts, 1924 to 1964
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National Health Insurance Acts, 1911 to 1952
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Protection of Employees (Employer's Insolvency) Acts, 1984 and 1991
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Redundancy Payments Acts, 1967 to 1991
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Superannuation Acts, 1834 to 1963
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Workmen's Compensation Acts, 1934 to 1955
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Number 27 of 1993
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SOCIAL WELFARE (CONSOLIDATION) ACT, 1993
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AN ACT TO CONSOLIDATE THE SOCIAL WELFARE ACTS.
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[9th November, 1993]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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