Social Welfare Consolidation Act 2005

Interpretation generally.

[1993 s3(1); 1995 (No. 2) s10(3)]

3.—(1) For the purposes of this Act—

(a) a person is deemed to be over any age mentioned in this Act where the person has attained that age and is deemed to be under any age mentioned in this Act where the person has not attained that age;

(b) a person is deemed to be between 2 ages mentioned in this Act where the person has attained the first-mentioned age but has not attained the second-mentioned age;

(c) a person is deemed not to have attained the age of 16 years until the beginning of the 16th anniversary of the day of the person’s birth, and similarly with respect to any other age;

(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of a person, or at what rate a contribution is payable, the person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which that person attains during the course of that week;

(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations;

(f) regulations shall provide for determining the circumstances in which a person is or is not to be regarded to be wholly or mainly maintaining another person.

[1993 s3(2)]

(2) Any reference in this Act to contributions, where the reference is without qualification, shall be read, save where the context otherwise requires, as including a reference to employment contributions, self-employment contributions and voluntary contributions.

[1993 s3(3)]

(3) Regulations may, in relation to any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.

[1993 s3(4)]

(4) References in this Act to an employed contributor's employer shall not be read as including his or her employer in any employment other than insurable employment or insurable (occupational injuries) employment.

[1993 s3(5)]

(5) Any question relating to the normal residence of a qualified child shall, subject to section 220 (2), be decided in accordance with regulations made under that subsection.

[1993 s3(6)]

(6) Where a child has been or becomes adopted under the Adoption Acts 1952 to 1998, then for the purposes of this Act—

(a) the child shall after the adoption be treated as if he or she were the child of the adopter or adopters born to that adopter or adopters and were not the child of any other person and, where the child was an orphan immediately before the adoption, as having ceased to be an orphan, and

(b) where there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in section 2 (1), “the parent of whom is dead” is substituted in paragraph (a) of that definition for “both of whose parents are dead”.

(7) In this Act—

[1993 s3(9)]

(a) a reference to a Part, Chapter, section or Schedule is to a Part, Chapter or section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,

[1993 s3(10)]

(b) a reference to a subsection, paragraph, subparagraph or clause is to the subsection, paragraph, subparagraph or clause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

[1993 s3(7)]

(c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended or extended by or under any subsequent enactment.

[1993 s3(8)]

(8) References in any other enactment to the “Social Welfare Acts” means this Act and every enactment which is to be read together with it as one.

[1993 s3(11)]

(9) In this Act, any reference to this Act shall be read as including a reference to regulations made under or applying the provisions of this Act.

[1993 s3(12); 2004 (MP) s18]

(10) For the purposes of sections 43 (3), 66 (3), 76 (3), 112 (3), 117 (3), 122 (3), 134 , 141 (2)(d), 146 , 149 (2), 150 (3), 158 , 181 (4), 210 (2), 211 (3), 216 , 219 (2), 297 and 298 and Chapter 9 of Part 3 , “spouse” means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife.

[1993 s3(13); 1997 s28(4) & Sch F]

(11) For the purposes of determining the entitlement of a person to an increase in respect of a qualified adult, references to a spouse in the definition of “qualified adult” contained in section 2 (2) and regulations made under that provision shall be read as including:

(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife.