Social Welfare (Miscellaneous Provisions) Act 2023

Amendment of section 46C of Principal Act (duration of partial capacity benefit)

38. Section 46C of the Principal Act is amended, by the insertion of the following subsection after subsection (4):

“(5) Where a person is in receipt of partial capacity benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958,

(b) is in receipt of partial capacity benefit by reason of having satisfied the requirement of section 46A(1)(c)(i)(I), and

(c) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving partial capacity benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.”.