Social Welfare (Consolidation) Act, 1993

Conditions for receipt.

[1992, s. 32(4)(a)]

32.—(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period.

[1987, ss. 8(1), 8(6)(a)]

(2) In the case of any claim for disability benefit where the period of interruption of employment commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “26” were substituted for “39”.

[1992, s. 32(1)]

(3) Regulations may provide for entitling to disability benefit, subject to such conditions as may be prescribed, such class or classes of persons as would be entitled thereto but for the fact that the requirement in paragraph (b) of subsection (1) that there must be qualifying contributions in respect of at least 13 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.

[1981, s. 19(2)]

(4) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after the 3rd day of January, 1981, or would but for the provisions of section 31(2) or 36(1) have been so entitled, then, as respects disability benefit, the benefit year which includes the 1st such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the condition contained in paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid.

[1981, s. 19(3)]

(5) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

[1992, s. 32(4)(b)]

(6) Subject to subsection (7), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1)(c) is not satisfied.

[1992, s. 32(4)(b)]

(7) Regulations for the purposes of subsection (6) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1)(c) is satisfied.

[1992, s. 32(3)]

(8) The requirement contained in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work commencing before the 1st day of July, 1992.