Social Welfare (Miscellaneous Provisions) Act 2023

Illness benefit (duration of payment)

26. Section 44 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (1D):

“(1E) For the purpose of subsection (1), in calculating the total of 312 days the following days shall, in addition to any days in respect of which the person was in receipt of illness benefit, be included in the calculation:

(a) any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;

(b) any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.”,

and

(b) by the insertion of the following subsection after subsection (7A):

“(7B) for the purpose of subsection (7), in calculating the 312th day, the following days shall, in addition to any days in respect of which the person was in receipt of illness benefit, be included in the calculation:

(a) any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;

(b) any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.”.