Social Welfare (Consolidation) Act, 1981

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Number 1 of 1981


SOCIAL WELFARE (CONSOLIDATION) ACT, 1981


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Interpretation generally.

3.

General provisions as to regulations.

4.

Expenses.

PART II

Social Insurance

CHAPTER 1

Insured Persons, Contributions and Benefits

Insured Persons

5.

Insured persons.

6.

Employment by more than one employer.

7.

Modified insurance.

8.

Employment outside the State.

Contributions

9.

Sources of moneys for benefits.

10.

Employment contributions.

11.

Voluntary contributions.

12.

Regulations varying rates of contributions.

13.

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.

14.

Exceptions and credits.

15.

Payment of contributions and keeping of records.

16.

Return of contributions paid in error.

Benefits

17.

Description of benefits.

CHAPTER 2

Disability Benefit

18.

Title to benefit.

19.

Conditions for receipt.

20.

Rates of benefit.

21.

Increases for adult and child dependants.

22.

Duration of payment.

23.

Disqualifications.

CHAPTER 3

Maternity Allowance

24.

Title to and duration of allowance.

25.

Conditions for receipt.

26.

Rate of allowance.

27.

Disqualifications.

28.

Supplementary provisions.

CHAPTER 4

Unemployment Benefit

29.

Title to benefit.

30.

Conditions for receipt.

31.

Rates of benefit.

32.

Increases for adult and child dependants.

33.

Reduced rates of benefit.

34.

Duration of payment.

35.

Disqualifications.

CHAPTER 5

Occupational Injury Benefits

Preliminary

36.

Interpretation.

Insurable Employment

37.

Occupational injuries insurance.

38.

Insurable (occupational injuries) employment.

39.

Extension of meaning of references to accidents arising out of and in the course of employment.

40.

Accidents in illegal employment, etc.

41.

Accidents outside the State.

Benefits

42.

Injury benefit.

43.

Disablement benefit.

44.

Increase of injury benefit and disablement pension for adult and child dependants.

45.

Increase of disablement pension on account of unemployability.

46.

Increase of disablement pension where constant attendance is needed.

47.

Increase of disablement benefit during approved hospital treatment.

48.

Adjustments for successive accidents.

49.

Title to death benefit.

50.

Death benefit for widows and widowers and increases for qualified children.

51.

Death benefit—parents.

52.

Death benefit—orphans.

53.

Death benefit—funeral expenses.

54.

Insurance against prescribed diseases and injuries not caused by accident.

55.

Supplements to workmen's compensation payments.

56.

Limitation of benefits by pre-accident earnings.

57.

Cost of medical care.

Occupational Accidents

58.

Notice of accidents.

59.

Reporting of accidents by employers.

60.

Declaration that accident is an occupational accident.

Miscellaneous

61.

Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.

62.

Treating person as incapable of work, etc.

63.

Medical treatment and approved hospital treatment.

64.

Rehabilitation.

65.

Employment contributions.

66.

Research.

67.

Occupational Injuries Fund.

68.

Taking of benefit into account in assessing damages.

69.

Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.

70.

Construction of certain references in Local Government (Superannuation) Act, 1956.

CHAPTER 6

Pay-Related Benefit

71.

Interpretation.

72.

Title to benefit.

73.

Rate of benefit.

74.

Duration of payment.

75.

Transitional provisions.

76.

Regulations.

77.

Information in relation to reckonable earnings.

CHAPTER 7

Old Age (Contributory) Pension

78.

Title to pension.

79.

Conditions for receipt.

80.

Rates of pension.

81.

Increases (including increases for adult and child dependants).

82.

Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments.

CHAPTER 8

Retirement Pension

83.

Title to pension.

84.

Conditions for receipt.

85.

Rates of pension.

86.

Increases (including increases for adult and child dependants).

CHAPTER 9

Survivor's Benefit

87.

Title to benefit.

CHAPTER 10

Invalidity Pension

88.

Title to pension.

89.

Conditions for receipt.

90.

Rates of pension.

91.

Increases (including increases for adult and child dependants).

CHAPTER 11

Widow's (Contributory) Pension

92.

Title to pension.

93.

Conditions for receipt.

94.

Rates of pension.

95.

Increases (including increases for child dependants).

CHAPTER 12

Orphan's (Contributory) Allowance

96.

Title to allowance.

97.

Condition for receipt.

98.

Rate of allowance.

99.

Payment of allowance.

CHAPTER 13

Deserted Wife's Benefit

100.

Title to benefit.

101.

Conditions for receipt.

102.

Rates of benefit.

103.

Increases (including increases for child dependants).

CHAPTER 14

Maternity Grant

104.

Title to grant.

105.

Conditions for receipt.

106.

Amount of grant.

CHAPTER 15

Death Grant

107.

Title to grant.

108.

Conditions for receipt.

109.

Amount of grant.

CHAPTER 16

Treatment Benefit

110.

General provisions as to benefit.

CHAPTER 17

Administration, Legal Proceedings and Finance

Administration

111.

Decisions.

112.

Administration of benefit.

113.

Interim payments, arrears and repayments.

114.

Inspectors.

Legal Proceedings

115.

Offences, including offences relating to bodies corporate.

116.

General provisions as to prosecutions.

117.

Recovery of sums due to the Social Insurance Fund by civil proceedings.

118.

Application of Probation of Offenders Act, 1907.

119.

Effect of decision.

120.

Winding-up and bankruptcy.

121.

Married women.

Finance

122.

Social Insurance Fund.

123.

Payments from Fund for acquisition of land, etc.

CHAPTER 18

Miscellaneous Provisions

124.

Prevention of double increase for prescribed relative.

125.

Payments after death.

126.

Provisions as to maintenance.

127.

Free certificates.

128.

Claims.

129.

Absence from the State or imprisonment.

130.

Overlapping provisions, etc.

131.

Adjusting payments of benefits.

132.

Loss of benefit because of employer's default.

133.

Continuity of insurance under old codes.

PART III

Social Assistance

CHAPTER 1

Preliminary

134.

Description of assistance.

CHAPTER 2

Unemployment Assistance

135.

Interpretation.

136.

Qualification certificates.

137.

Right to assistance.

138.

Statutory conditions.

139.

Rates of assistance.

140.

Effect of means on rates.

141.

Revocation and amendment of qualification certificates.

142.

Disqualifications.

143.

Operative date of certain decisions.

144.

False statements and offences.

145.

Prosecutions.

146.

Calculation of means.

147.

Calculation of means—alternative method.

148.

Regulations—general.

149.

Regulations—specific.

150.

Payments of unemployment assistance.

151.

Overpayments.

152.

Unemployment assistance granted to persons in receipt of supplementary welfare allowance.

153.

Payments to Minister by local authorities.

154.

Certificate of valuation.

155.

Extension of meaning of “urban area”.

156.

Date of operation of census.

CHAPTER 3

Old Age And Blind Pensions (Non-Contributory)

Old Age Pension

157.

Interpretation.

158.

Right to pension.

159.

Statutory conditions.

160.

Special conditions for receipt of pension.

161.

Rates of pension and increases for child dependants.

162.

Increases for incapacitated and married pensioners.

163.

Disqualifications.

164.

Decisions and appeals.

165.

Local pensions committees and social welfare officers.

166.

Raising of questions.

167.

Commencements of pensions.

168.

General provisions as to prosecutions.

169.

Legal proceedings.

170.

Regulations.

171.

Pensions of persons in certain mental institutions.

172.

Notifications of increase of means.

173.

Furnishing of information to social welfare officers.

174.

Furnishing of information to social welfare officers by personal representatives.

Blind pension

175.

Right to pensions and statutory conditions.

CHAPTER 4

Windows's And Orphan's Pensions (Non-Contributory)

176.

Interpretation.

Window's Pension

177.

Right to pension.

178.

Rates of pension and increases for child dependants.

179.

Increases for incapacitated pensioners.

180.

Disqualifications.

181.

Provisions against double pensions.

Orphan's Pension

182.

Right to pension.

183.

Rates of pension.

Miscellaneous

184.

Claims.

185.

Appointment and duties of social welfare officers.

186.

Absence from the State.

187.

Commencement of pensions.

188.

Penalty for false statements.

189.

Regulations.

190.

Payment of widow's pensions.

191.

Payment of orphan's pensions.

192.

Repayment of pension overpaid.

193.

Pension granted to person in receipt of unemployment assistance.

194.

Pension granted to persons in receipt of supplementary welfare allowance.

CHAPTER 5

Allowances for Certain Women

195.

Deserted wife's allowance.

196.

Prisoner's wife's allowance.

197.

Social assistance allowance.

198.

Single woman's allowance.

CHAPTER 6

Supplementary Welfare Allowance

199.

Interpretation.

200.

Entitlement to supplementary welfare allowance.

201.

Exclusion of persons receiving full-time education.

202.

Exclusion of persons in full-time employment.

203.

Persons affected by trade disputes.

204.

Administration.

205.

Appeals.

206.

Conditions for grant of supplementary welfare allowance.

207.

Calculation of supplementary welfare allowance.

208.

Weekly amounts of supplementary welfare allowance for persons of no means.

209.

Additions to weekly amount of supplementary welfare allowance and other income.

210.

Calculation of means.

211.

Allowances in kind.

212.

Power to make single payment for exceptional need.

213.

Grant of supplementary welfare allowance in cases of urgency.

214.

Liability to maintain dependants.

215.

Recovery of and contributions to supplementary welfare allowance.

216.

Arrangements for burials.

217.

Estimates of income and expenditure in respect of supplementary welfare allowance.

218.

Financing of health board expenditure.

219.

Regulations.

220.

Transfers of certain property.

221.

Transfer of certain officers and enforceability of contracts.

222.

Transitional provisions.

PART IV

Children's Allowances

223.

Qualified child.

224.

Qualified persons.

225.

Amounts of children's allowance.

226.

Time limit for payment.

227.

Appointment and duties of social welfare officers.

228.

Exclusion of children's allowance for superannuation or pension purposes.

229.

Repayment of children's allowances overpaid.

230.

Payments to appointed persons and absence from State.

231.

Penalty for false statements.

232.

Regulations.

PART V

Intermittent Unemployment Insurance

Preliminary and General

233.

Interpretation.

234.

Insurable employment.

235.

Employment in the building, civil engineering and painting trades.

236.

Excepted persons.

237.

Persons employed by the State.

238.

Extension of meaning of “insurable employment” and “skilled worker”.

Insured Persons and Contributions

239.

Insurance against intermittent unemployment.

240.

Contributions.

241.

Liability for contributions.

242.

Employer's contribution irrecoverable from insured person.

243.

Recovery by employer of insured person's contribution.

244.

Persons treated as employers.

245.

Dates of payment of contributions.

246.

Repayment of contributions.

247.

Regulations as to payment of contributions by stamps, etc.

248.

Issue of supplementary insurance stamps.

249.

Powers of Minister for Posts and Telegraphs in relation to supplementary insurance stamps.

250.

Winding-up and bankruptcy.

Supplementary Benefit

251.

Right to supplementary benefit.

252.

Rates of supplementary benefit.

253.

Conditions for receipt of supplementary benefit.

254.

Notification of intermittent unemployment.

255.

Payment of supplementary benefit by employers.

256.

Payment of supplementary benefit by Minister.

257.

Repayment by Minister of benefit paid by employers.

258.

Circumstances in which no repayments are to be made to employers.

259.

Recovery of amounts improperly paid.

260.

Notification of amounts improperly paid.

261.

Procedure.

262.

Additional methods of fulfilling conditions.

263.

Restriction on payment of unemployment benefit and unemployment assistance.

Administration

264.

Inspectors.

265.

Provisions in relation to excepted persons whose employment is terminated.

266.

Offences, including offences relating to bodies corporate.

267.

Prosecutions.

268.

Civil proceedings against employer.

269.

Continuance, etc., of the Fund.

270.

Advances out of Central Fund.

271.

Decisions.

272.

Application of administration provisions.

PART VI

School Meals and Fuel Schemes

CHAPTER 1

School Meals (National Schools)

273.

Interpretation.

274.

Power of local authority to provide meals.

275.

Recovery of cost of meals.

276.

Power of local authority to defray cost of food in certain cases.

277.

Provision of meals on days when schools do not meet.

278.

Exemption of teachers from duties.

CHAPTER 2

Meals (other than in National Schools)

279.

General powers of local authorities.

CHAPTER 3

School Meals (Gaeltacht)

280.

Interpretation.

281.

Application.

282.

Authority to provide meals.

283.

Appointment of committees.

284.

Exemption of teachers from duties.

285.

Payments in aid to county councils.

286.

Regulations.

287.

Expenses of county councils.

288.

The Gaeltacht.

CHAPTER 4

Fuel Scheme

289.

Cheap fuel scheme.

PART VII

Alienation of Books and Documents

290.

Application.

291.

Prohibition of alienation of documents.

292.

Avoidance of alienation of documents.

293.

Return of documents on demand.

294.

Punishment for offences.

PART VIII

Decisions, Appeals and Miscellaneous

Decisions and Appeals

295.

Deciding officers.

296.

Decisions by deciding officers.

297.

Appeals officers.

298.

Appeals and references to appeals officers.

299.

Appeals to High Court.

300.

Revision of decisions.

301.

Certificate by deciding or appeals officer.

Miscellaneous

302.

Stamp duty.

303.

Birth, marriage and death certificates.

304.

Inalienability.

305.

Means for purpose of Debtors Act (Ireland), 1872.

306.

Exclusion in assessment of damages.

307.

Reciprocal arrangements.

308.

Regulations varying rates of benefit or assistance.

309.

Regulations securing continuity of certain provisions repealed, amended, etc.

PART IX

Commencement, Repeals and Continuance

310.

Commencement and repeals.

311.

Continuity of repealed enactments.

312.

Continuance of instruments, officers and documents.

313.

Superannuation of certain officers.

FIRST SCHEDULE

Employments and Excepted Employments

PART I

Employments

PART II

Excepted Employments

SECOND SCHEDULE

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits—Gratuities and Grants

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Reduced Rates of Injury Benefit and Disablement Pension

PART VI

Amounts of Maternity and Death Grants

THIRD SCHEDULE

Rules as to Calculation of Means

FOURTH SCHEDULE

Rates of Assistance

PART I

Rates cf Periodical Social Assistance and Increases Thereof

PART II

Reductions for Means

PART III

Increase of Old Age Pension for a Spouse

PART IV

Amounts of Children's Allowances

FIFTH SCHEDULE

Intermittent Unemployment Insurance

PART I

Rates of Weekly Contributions Payable by Insured Persons and Employers

PART II

Hourly Rates of Supplementary Benefit

SIXTH SCHEDULE

Enactments Repealed

Marginal Abbreviations

19—OAP

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Old Age Pensions Act of year indicated.

19—UA

[html]

Unemployment Assistance Act of year indicated.

19—WOPS

[html]

Widows' and Orphans' Pensions Act of year indicated.

19—CA

[html]

Children's Allowances Act of year indicated.

19—

[html]

Social Welfare Act of year indicated.

19—MP

[html]

Social Welfare (Miscellaneous Provisions) Act of year indicated.

1942 IU

[html]

Insurance (Intermittent Unemployment) Act, 1942 .

19—AM

[html]

Social Welfare (Amendment) Act of year indicated.

1966 OI

[html]

Social Welfare (Occupational Injuries) Act, 1966 .

1974 (No. 1), (No. 2), (No. 3)

[html]

Social Welfare (No. 1, 2 or 3 as the case may be) Act, 1974.

19—PM

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Education (Provision of Meals) (Ireland) Act of year indicated.

19—SMG

[html]

School Meals (Gaeltacht) Act of year indicated.

19—PRB

[html]

Social Welfare (Pay-Related Benefit) Act of year indicated.

19—HA

[html]

Health Act of year indicated.

1932 PB

[html]

Pension Books (Prohibition of Alienation) Act, 1932.

1939 PA

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Public Assistance Act, 1939 .

1940 CM

[html]

County Management Act, 1940 .

1971 LG

[html]

Local Government (Rateability of Rents) (Abolition) Act, 1971.

1975 SWA

[html]

Social Welfare (Supplementary Welfare Allowances) Act, 1975 .

1976 (No. 2)

[html]

Social Welfare (No. 2) Act, 1976.

TABLE OF STATUTES REFERRED TO

Short title

Session and chapter or number and year

Common Law Procedure Amendment Act (Ireland), 1856

19 & 20 Vic.

c.102

Debtors Act (Ireland), 1872

35 & 36 Vic.

c.57

Public Offices Fees Act, 1879

42 & 43 Vic.

c.58

Preferential Payments in Bankruptcy (Ireland) Act, 1889

52 & 53 Vic.

c.60

Inland Revenue Regulation Act, 1890

53 & 54 Vic.

c.21

Stamp Duties Management Act, 1891

54 & 55 Vic.

c.38

Stamp Act, 1891

54 & 55 Vic.

c.39

Local Government (Ireland) Act, 1898

61 & 62 Vic.

c.37

Workmen's Compensation Act, 1906

6 Edw. 7.

c.58

Probation of Offenders Act, 1907

7 Edw. 7.

c.17

Post Office Act, 1908

8 Edw. 7.

c.48

National Insurance Act, 1911

1 & 2 Geo. 5.

c.55

Pilotage Act, 1913

2 & 3 Geo. 5.

c.31

Unemployment Insurance Act, 1920

10 & 11 Geo. 5.

c.30

Blind Persons Act, 1920

10 & 11 Geo. 5.

c.49

Criminal Justice (Evidence) Act, 1924

No. 37 of 1924

Enforcement of Court Orders Act, 1926

No. 18 of 1926

Illegitimate Children (Affiliation Orders) Act, 1930

No. 17 of 1930

National Health Insurance Act, 1933

No. 13 of 1933

Approved Investments Act, 1933

No. 34 of 1933

Workmen's Compensation Act, 1934

No. 9 of 1934

Widows' and Orphans' Pensions Act, 1935

No. 29 of 1935

Superannuation Act, 1936

No. 39 of 1936

Public Assistance Act, 1939

No. 27 of 1939

Insurance (Intermittent Unemployment) Act, 1942

No. 7 of 1942

Arterial Drainage Act, 1945

No. 3 of 1945

Mental Treatment Act, 1945

No. 19 of 1945

Health Act, 1947

No. 28 of 1947

Land Reclamation Act, 1949

No. 25 of 1949

Social Welfare Act, 1950

No. 14 of 1950

Social Welfare Act, 1952

No. 11 of 1952

Health Act, 1953

No. 26 of 1953

Fatal Injuries Act, 1956

No. 3 of 1956

Local Government (Superannuation) Act, 1956

No. 10 of 1956

Health Authorities Act, 1960

No. 9 of 1960

Civil Liability Act, 1961

No. 41 of 1961

Companies Act, 1963

No. 33 of 1963

Civil Liability (Amendment) Act, 1964

No. 17 of 1964

Land Act, 1965

No. 2 of 1965

Social Welfare (Occupational Injuries) Act, 1966

No. 16 of 1966

Income Tax Act, 1967

No. 6 of 1967

Health Act, 1970

No. 1 of 1970

Holidays (Employees) Act, 1973

No. 25 of 1973

Social Welfare Act, 1975

No. 1 of 1975

Social Welfare (Supplementary Welfare Allowances) Act, 1975

No. 28 of 1975

Social Welfare (Amendment) Act, 1978

No. 25 of 1978

Acts Cited Collectively


Income Tax Acts.

Land Purchase Acts.

Valuation Acts.

Superannuation Acts, 1834 to 1963.

Sale of Food and Drugs Acts, 1875 to 1936.

Local Government (Sanitary Services) Acts, 1878 to 1964.

Labourers Acts, 1883 to 1965.

National Health Insurance Acts, 1911 to 1952.

Army Pensions Acts, 1923 to 1980.

Military Service Pensions Acts, 1924 to 1964.

Workmen's Compensation Acts, 1934 to 1955.

Connaught Rangers (Pensions) Acts, 1936 to 1964.

County Management Acts, 1940 to 1972.

Social Welfare (Children's Allowances) Acts, 1944 to 1973.

Mental Treatment Acts, 1945 to 1966.

Forestry Acts, 1946 to 1976.

Health Acts, 1947 to 1979.

Adoption Acts, 1952 to 1976.

Housing Acts, 1966 to 1979.

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Number 1 of 1981


SOCIAL WELFARE (CONSOLIDATION) ACT, 1981


AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE, CHILDREN'S ALLOWANCES, INTERMITTENT UNEMPLOYMENT INSURANCE AND OTHER ENACTMENTS RELATING TO SOCIAL WELFARE. [24th February, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title.

1.—This Act may be cited as the Social Welfare (Consolidation) Act, 1981.

Interpretation generally.

[1952, s. 2; 1966 OI, s. 1; 1978 AM, ss. 4, 6, 13; 1980, ss. 6, 14, 19, 23]

2.—(1) In this Act, save where the context otherwise requires—

“adult dependant” means, in relation to any person—

(a) a wife who is living with or being wholly or mainly maintained by her husband, or

(b) a husband who is incapable of self-support by reason of some physical or mental infirmity and who is being wholly or mainly maintained by his wife, or

(c) a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with that person where that person is—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;

“appeals officer” means a person holding office as an appeals officer under section 297 ;

“assistance” means assistance under Part III ;

“beneficiary” means a person entitled to benefit;

“benefit” means benefit under Part II ;

“benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year;

“Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ;

“contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the first day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last two days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year;

“contribution year” means a year of assessment within the meaning of the Income Tax Acts;

“credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 14 ;

“day of incapacity for work” has the meaning assigned in section 18 ;

“day of unemployment” has the meaning assigned in section 29 ;

“deciding officer” means a person holding office as a deciding officer under section 295 ;

“employed contributor” has the meaning assigned in section 5 (1);

“employer's contribution” has the meaning assigned in section 9 (1) (a);

“employment contribution” has the meaning assigned in section 9 (1) (a);

“entry into insurance” means, subject to sections 16 (3), 79 (11) and 93 (6) in relation to any person, the date on which he becomes an insured person;

[1975 SWA, s. 1]

“health board” means a health board within the meaning of the Health Act, 1970 ;

“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable;

“increase” means, in relation to any benefit, an increase under section 21 , 32 , 44 , 45 , 46 , 47 , 50 , 51 , 81 , 86 , 87 , 91 , 95 or 103 ;

“inspector” means a person holding office as an inspector under section 114 ;

“insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor;

“insurable (occupational injuries) employment” has the meaning assigned in section 38 ;

“insured person” means a person insured under Part II ;

“maternity benefit” means maternity allowance or maternity grant, as the case may be;

“the Minister” means the Minister for Social Welfare;

“occupational injuries insurance” has the meaning assigned in section 37 (2);

“the Occupational Injuries Fund” means the Fund to which section 67 relates;

“orphan” means, subject to sections 52 (4) and 97 (3)—

(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or

(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband, or

[1980, ss. 12, 22]

(c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;

[1977, s. 13 (2)]

“pensionable age” means the age of 66 years;

“prescribed” means prescribed by regulations;

[1970, ss. 29 (3), 34(2); 1966 OI, s. 1]

“qualified child” means, except in sections 92 (5), 107 (2), 157 , 176 and 223 , a person who—

(a) is under the age of 18 years,

(b) is ordinarily resident in the State, and

(c) is not detained in a reformatory or an industrial school;

“qualifying contribution” means the appropriate employment contribution (or appropriate employment contributions) which was (or were) paid, or would have been paid but for section 10 (1) (c), in respect of any insured person;

[1978 AM, s. 4 (1)]

“reckonable earnings” means, subject to regulations and to section 71 , earnings derived from insurable employment or insurable (occupational injuries) employment;

“regulations” means regulations made by the Minister under this Act;

“the Social Insurance Fund” means the Fund to which section 122 relates;

“the Supplementary Unemployment Fund” means the Fund to which section 269 relates;

“voluntary contribution” has the meaning assigned in section 11 (1) (a);

“voluntary contributor” has the meaning assigned in section 5 (2);

“the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 .

(2) For the purposes of this Act—

(a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age;

(b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age;

(c) a person shall be deemed not to have attained the age of 16 years until the commencement of the 16th anniversary of the day of his 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 any person, or at what rate a contribution is payable, that 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 he attains during the course of that week.

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

[1966 OI, s. 36]

(4) Regulations may, as respects 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.

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

[1974 (No. 1), s. 4]

(6) Any question relating to the normal residence of a qualified child shall, subject to section 224 (2), be decided in accordance with regulations made under this subsection.

[1966 OI, s. 1; 1952 CA, s. 8]

(7) Where a child has been or becomes adopted pursuant to the Adoption Acts, 1952 to 1976, then for the purposes of this Act—

(a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and

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

(8) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.

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

(10) In this Act, 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.

General provisions as to regulations.

[1952, s. 3; 1933 UA, s. 7; 1935 WOPS, s. 65; 1942 IU, s. 12; 1944 CA, s. 20; 1966 OI, s. 1 (7); 1975 SWA, s. 21]

3.—(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

(4) The following shall be subject to the sanction of the Minister for Finance—

(a) regulations for the purposes of section 2 (1), 6 , 7 , 11 (1) (d), 13 , 15 , 16 , 19 (4), 30 (4), 38 (8) (9) (10), 73 , 76 (1) (a), 79 (7) (9), 84 (3) (4), 89 (4), 93 (4), 101 (4), 108 (4) (6), 133 , 209 , 210 (3), 269 (6), 286 , 308 or 309 ,

(b) a draft of regulations under section 5 (4) (5), 10 (2), 12 , 19 (3), 25 (2), 30 (3), 79 (6), 84 (2), 89 (3), 93 (3), 97 (2), 101 (3), 105 (3) or 108 (3).

(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

[1908 OAP, s. 10; 1930 SMG, s. 10; 1933 UA, s. 24; 1933 SMG, s. 2; 1935 WOPS, s. 43; 1942 IU, s.14; 1944 CA, s. 21; 1952, s. 40; 1957 MP, s. 6; 1975 SWA, s. 27]

4.—(1) Any expenses (other than expenses to which section 285 relates) incurred by the Minister or any other Minister in carrying this Act into effect and the expenses of the local pension committees under Chapter 3 of Part III up to an amount approved by the Minister shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) There shall be paid to the Minister for Finance out of the Social Insurance Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister which relates to the scheme of social insurance (other than occupational injuries insurance) provided for in Part II and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.

(3) In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.

PART II

SOCIAL INSURANCE

Chapter 1

Insured Persons, Contributions and Benefits

Insured Persons

Insured persons.

[1952, s. 4]

5.—(1) Subject to this Act—

(a) every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule, shall, subject to section 65 (1), be an employed contributor for the purposes of this Act, and

(b) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.

[1978 AM, s. 13]

(2) Subject to this Act, where a person ceases to be an employed contributor otherwise than by reason of attaining pensionable age and he has qualifying contributions in respect of not less than 156 contribution weeks, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as a voluntary contributor).

(3) A voluntary contributor shall, if he becomes an employed contributor, cease to be a voluntary contributor except insofar as is provided in section 11 (2).

(4) Regulations may provide for including among employed contributors person employed in any of the employments specified in Part II of the First Schedule .

(5) Regulations may provide for—

(a) excluding particular employments or any classes of employment from the employments specified in Part I of the First Schedule , or

(b) adding to the employments so specified particular employments or any classes of employment,

and, where the Minister considers that any modifications of this Act are appropriate having regard to the purpose for which the regulations are made, the regulations may make those modifications.

(6) Where regulations are proposed to be made for the purposes of subsection (4) or (5), a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Employment by more than one employer.

[1978 AM, s. 7]

6.—Regulations may—

(a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and

(b) determine the circumstances in which a person is to be regarded for the purposes of section 10 (1) (d) as being concurrently employed by two or more employers.

Modified insurance.

[1952, s. 12; 1974 (No. 3), s. 3]

7.—(1) Regulations may modify the provisions of this Part in their application in the case of—

(a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6, 7, 11and 12 of Part I of the First Schedule , or

(b) persons employed in a statutory transport undertaking, or

(c) persons employed as teachers in comprehensive schools established by the Minister for Education, or

(d) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or

(e) persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or

(f) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or

(g) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or

(h) persons employed as members of the Army Nursing Service, or

(i) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or

(j) persons employed by voluntary organisations which are providing district nursing services.

[1956 AM, s. 3]

(2) Notwithstanding section 9 (1) and section 10 , regulations for the purposes of this section may provide for employment contributions consisting of employers' contributions only and the said sections shall, so long as regulations so providing are in force, stand modified accordingly.

(3) Regulations for the purposes of this section may modify the provisions of this Part in different ways for male persons and for female persons employed in the same employment.

(4) The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Employment outside the State.

[1952, s. 13]

8.—(1) Regulations may modify the provisions of this Part and the First Schedule in their application in the case of persons who are or have been outside the State while insured under this Part.

(2) The modifications which may be made by regulations for the purposes of subsection (1) shall, in particular, include the deletion of “in the State” in paragraph 1 of Part I of the First Schedule .

(3) The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Contributions

Sources of moneys for benefits.

[1952, s. 5]

9.—(1) For the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, are to be made out of the Social Insurance Fund, there shall be—

(a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall, subject to section 10 (7) and section 65 (2), comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor,

(b) contributions in respect of voluntary contributors, and

(c) payments out of moneys provided by the Oireachtas.

[1952, s. 6(3)]

(2) Employment contributions and voluntary contributions shall be paid into the Social Insurance Fund.

Employment contributions.

[1952, s. 6; 1978 AM, s. 5(1); 1980, s. 26]

10.—(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section.

(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7 , where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising—

(i) a contribution by the employed contributor at the rate of 3.5 per cent., and

(ii) a contribution by his employer at the rate of 8.5 per cent.

of the amount of the reckonable earnings to which such payment relates.

(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £7,000 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.

(d) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 6 ), the provisions of paragraph (c) shall, in relation to contributions mentioned in paragraph (b) (ii), apply to the reckonable earnings from each of the employments separately.

[1978 AM, s. 5(5)]

(2) (a) The Minister may by regulations vary the sum specified in subsection (1) (c) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

(b) When making regulations under this subsection the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries as recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (c) was last determined.

(c) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(3) The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.

(4) An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide that—

(a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and

(b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.

(5) Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from the remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.

(6) Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.

[1978 AM, s. 5 (6)]

(7) The employment contribution payable by the employed contributor under subsection (1) (b) or under regulations made under section 7 shall not be payable in the case of an employed contributor who is in receipt of any of the following—

(a) a widow's (contributory) pension,

(b) a widow's (non-contributory) pension,

(c) deserted wife's benefit,

(d) a deserted wife's allowance,

(e) death benefit by way of widow's pension under section 50 ,

(f) a social assistance allowance under section 197 ,

(g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Economic Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.

Voluntary contributions.

[1978 AM, s. 5 (3). 1980, s. 26]

11.—(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a voluntary contribution) shall be payable by a voluntary contributor, who is under pensionable age, in each contribution year at such time or times and in such manner as the Minister shall prescribe—

(i) at a percentage rate (as set out in paragraph (b)) of the amount of the reckonable income of the contributor in the preceding contribution year, or

(ii) where there was no such income or such income did not exceed such amount as may be prescribed, at a percentage rate of such amount as the Minister shall prescribe.

(b) A percentage rate for the purpose of paragraph (a) (i) shall be—

(i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pensions, 1.8 per cent.,

(ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 4.7 per cent., and

(iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 2.9 per cent.

(c) A contribution under paragraph (a) shall not be payable in respect of reckonable income in any contribution year which exceeds the sum specified in section 10 (1) (c).

(d) “reckonable income” for the purposes of this subsection means, subject to regulations, income derived from any employment, including any trade, business, profession, office or vocation.

[1975, s. 17]

(2) In the case of a person who, on 31st March, 1974, was a voluntary contributor entitled to pay voluntary contributions and who became an employed contributor in respect of whom special rate contributions were payable under section 17 (1) of the Social Welfare Act, 1975 , such a person shall, notwithstanding section 5 (3), continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.

(3) Voluntary contributions paid pursuant to subsection (2) by a person to whom that subsection applies shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, retirement pension or death grant are satisfied.

[1978 AM, s. 8]

(4) Notwithstanding any other provision of this Act, but subject to subsection (5), a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, maternity benefit, invalidity pension or treatment benefit and, if any voluntary contributions paid by him are at the percentage rate for the time being payable under subsection (1) (b) (i), they shall be disregarded in determining whether the contribution conditions for old age (contributory) pension, retirement pension or death grant are satisfied.

[1952, s. 37 (2)]

(5) Notwithstanding subsection (4), any benefit mentioned in that subsection may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.

[1978 AM, s. 13(3)]

(6) A voluntary contribution paid under subsection (1) (a) shall be regarded, where the contribution relates to a full contribution year, as having been paid for each contribution week in that contribution year or, where the contribution relates to a shorter period, as having been paid for each contribution week in that period.

Regulations varying rates of contributions.

[1952, s. 6 (9)]

12.—Regulations may alter the rates of employment or voluntary contributions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.

[1978 AM, ss. 10, 11]

13.—(1) So far as may be necessary for the proper administration of this Part, information regarding employers and the employment and reckonable earnings of insured persons which is obtained by the Revenue Commissioners in connection with the collection of income tax may be supplied by them to the Minister.

(2) For the purposes of this Part, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed.

(3) Regulations may provide for the calculation of the amounts payable in respect of employment contributions and voluntary contributions in accordance with prescribed scales, and for adjustments of such amounts to facilitate computation and to avoid fractions of one penny in the amounts.

Exceptions and credits.

[1952, s. 7]

14.—Regulations may provide for—

(a) making exceptions from the liability to pay contributions for any specified periods, and

(b) crediting contributions to insured persons for any specified periods, including, in particular—

(i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a), and

(ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.

Payment of contributions and keeping of records.

[1978 AM, s. 6]

15.—(1) Regulations may provide for—

(a) the time and manner of payment of employment contributions,

(b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions,

(c) the charging of interest on arrears of employment contributions,

(d) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates,

(e) the furnishing of returns by employers in relation to periods of insurable employment,

(f) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and

(g) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection,

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the assignment of any function relating to any matter referred to in that subsection to the Collector-General,

(b) the assignment to the Collector-General of any function conferred on the Minister by section 116 and the modification for that purpose of any provision of that section,

(c) the inspection by or on behalf of the Revenue Commissioners of records prescribed under subsection (5),

(d) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid, and

(e) treating as paid, for the purpose of any right to benefit, employment contributions payable by an employer in respect of an insured person which have not been paid, where the failure to pay such contributions is shown not to have been with the consent or connivance of the insured person or attributable to any negligence on the part of the insured person.

(3) Nothing in any regulations under this section shall affect the liability of the employer under section 10 (3) to pay employment contributions.

(4) (a) The provisions of any enactment, regulation or rule of court relating to the inspection of records, the estimation, collection and recovery of, or the furnishing of returns by employers in relation to, income tax, or relating to appeals in relation to income tax, shall, with any necessary modifications, apply in relation to employment contributions which the Collector-General is obliged to collect as they apply in relation to income tax.

(b) In proceedings instituted by virtue of this section, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him.

(c) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this section.

[1978 AM, s. 12]

(5) For the purposes of this Part, regulations may require employers to keep such records as may be prescribed in relation to the earnings of persons employed by them and the periods during which the persons were employed, and to retain the records for prescribed periods.

(6) The powers conferred on an inspector under section 114 may be exercised in relation to records referred to in subsection (5).

Return of contributions paid in error.

[1952, s. 9; 1960 AM, s. 4; 1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]

16.—(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions and of so much of any contribution paid by an employed contributor or a voluntary contributor whose entry into insurance occurred—

(a) after he had attained the age of 60 years;

(b) after he had attained the age of 58 years in the case of a person who attained the age of 57 years on or after 1st July, 1974, and

(c) after he had attained the age of 57 years in the case of a person who attained the age of 56 years on or after 1st April, 1975, and

(d) after he had attained the age of 56 years in the case of a person who attained the age of 55 years on or after 1st October, 1977;

as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension.

(2) (a) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (b) shall not apply on his attaining the age of 57 years.

(b) In the case of a person who attained the age of 55 years on or after 1st October, 1977, subsection (1) (c) shall not apply on his attaining the age of 56 years and subsection (1) (b) shall not apply on his attaining the age of 57 years.

[1962 MP, s. 10]

(3) For the purposes of this section, the entry into insurance of a contributor, whether an employed contributor or a voluntary contributor, shall be deemed to have occurred after he had attained the appropriate age under subsection (1) if after the time of such attainment he became for the first time an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for an old age (contributory) pension are payable and he had not been an employed contributor under the National Health Insurance Acts, 1911 to 1952, before attaining that age.

[1970, s. 19]

(4) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of section 84 (1) after he had attained the age of 55 years as is determined in accordance with the regulations to have been paid in respect of retirement pension.

Benefits

Description of benefits.

[1952, s. 14; 1960 AM, s. 5; 1966 OI, s. 7; 1970, s. 4; 1973 PRB, s. 2; 1973, s. 17]

17.—(1) Benefits under this Part shall be of the following descriptions and are so described in this Act—

(a) disability benefit,

(b) maternity allowance,

(c) unemployment benefit,

(d) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit,

(e) pay-related benefit,

(f) old age (contributory) pension (including benefit under section 87 ),

(g) retirement pension (including benefit under section 87 ),

(h) invalidity pension,

(i) widow's (contributory) pension,

(j) orphan's (contributory) allowance,

(k) deserted wife's benefit,

(l) maternity grant,

(m) death grant.

(2) Subject to section 110 and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1), also include treatment benefit under that section.

(3) Benefit shall, subject to section 67 (2) (a), be paid or provided for out of the Social Insurance Fund.

CHAPTER 2

Disability Benefit

Title to benefit.

[1952, s. 15]

18.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as a day of incapacity for work) which forms part of a period of interruption of employment, if—

(a) he is under pensionable age on the day for which the benefit is claimed, and

(b) he satisfies the contribution conditions in section 19 .

[1980, s. 17]

(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) For the purposes of any provision of this Act relating to disability benefit—

(a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work,

(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

[1980, s. 17]

(d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74 (2) applies,

(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.

(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.

(6) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13, 14(2); S.I. No. 156 of 1956 ]

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

(a) that the claimant has qualifying contributions in respect of not less than 26 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 48 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.

[ S.I. No. 383 of 1980 ]

(2) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3rd January, 1981, or would but for the provisions of section 18 (2) or 23 (1) have been so entitled, then, as respects disability benefit, the benefit year which includes the first 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.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28]

(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) 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 contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit.

[1952, s. 14 (3)]

20.—Subject to this Act, the weekly rates of disability benefit shall be as set out in column (2) of Part I of the Second Schedule .

Increases for adult and child dependants.

[1952, s. 26; 1980, s. 19]

21.—(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of disability benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Duration of payment.

[1952, s. 16; 1978 AM, s. 13 (1)]

22.—(1) Where a person—

(a) has qualifying contributions in respect of less than 156 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and

(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for 312 days,

he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.

(2) Where a person has exhausted his right to disability benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to benefit, and

(b) on his requalifying therefor, subsection (1) shall again apply to him but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

(3) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

Disqualifications.

[1952, s. 17]

23.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Part if—

(a) he has become incapable of work through his own misconduct, or

(b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(2) Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of disability benefit and restrictions on the rate and duration thereof if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

[1952, s. 29]

(3) Regulations may also provide for disqualifying a person for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.

(4) For the purposes of subsection (3), any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

CHAPTER 3

Maternity Allowance

Title to and duration of allowance.

24.—(1) Subject to this Act, a woman shall be entitled to a maternity allowance if—

[1952, s. 20]

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as the expected week of confinement), not being more than the prescribed number of weeks after that in which the certificate is given, and

(b) she satisfies the contribution conditions in section 25 .

[1979, s. 23]

(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—

(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,

(b) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to paragraph (a) be payable until the expiration of the 6th week after the week in which that date occurs.

(3) Regulations may modify subsections (1) and (2) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) no such certificate as is referred to in subsection (1) (a) has been given.

[1974 (No. 2), s. 17]

(4) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1960 MP, s. 15; 1972, s. 14; 1978 AM, s. 13]

25.—(1) The contribution conditions for maternity allowance are—

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time.

In this subsection “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement.

[1952, s. 14]

(2) Regulations may provide for modifications of these contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Rate of allowance.

[1952, s. 14]

26.—Subject to this Act, the weekly rate of maternity allowance shall be as set out in column (2) of Part I of the Second Schedule .

Disqualifications.

[1952, s. 20 (4)]

27.—Regulations may provide for disqualifying a woman for receiving a maternity allowance if—

(a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.

Supplementary provisions.

[1952, s. 21]

28.—(1) For the purposes of this Chapter—

(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(2) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.

CHAPTER 4

Unemployment Benefit

Title to benefit.

[1952, s. 15]

29.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Act referred to as a day of unemployment) which forms part of a period of interruption of employment if—

(a) he is under pensionable age on the day for which the benefit is claimed, and

(b) he satisfies the contribution conditions in section 30 .

[1980, s. 17]

(2) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of unemployment benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) For the purposes of any provision of this Act relating to unemployment benefit—

(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,

(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.

(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work.

(6) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13 (1), 14 (2); S.I. No. 156 of 1956 ]

30.—(1) The contribution conditions for unemployment benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 26 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 48 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.

(2) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 29 (2), 35 (1) or 35 (3) have been so entitled then, as respects unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1) (b), be regarded as continuing so long as the period of interruption of employment continues.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28]

(4) Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) 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 contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit.

[1952, s. 14]

31.—Subject to this Act, the weekly rates of unemployment benefit shall be as set out in column (2) of Part I of the Second Schedule opposite reference 1 (A) in column (1).

Increases for adult and child dependants.

[1952, s. 26; 1980, s. 19]

32.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of unemployment benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Reduced rates of benefit.

[1967 MP, s. 5]

33.—(1) Subject to subsection (2), the weekly rates of unemployment benefit, including any increases for dependants payable by virtue of section 32 , shall be at the reduced rates set out at reference I (B) of Part I of the Second Schedule after the 156th day for which the beneficiary has been entitled to that benefit.

[1978 AM, s. 13 (4)]

(2) Subsection (1) does not apply in relation to—

(a) a person over 65 years of age who has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which benefit is claimed, or

[1978 AM, s. 14 (2)]

(b) a person who has qualifying contributions in respect of not less than 280 contribution weeks in the period of 7 complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.

Duration of payment.

[1952, s. 16; 1967 MP, s. 5; 1978 AM, s. 13]

34.—(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsections (3) and (6), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.

(2) Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsection (1) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

[1976, s. 11]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “390 days” were substituted for “156 days”.

(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(5) Where in the period of interruption of employment a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband) has exhausted his right to 312 days' unemployment benefit within the period of 78 days ending on 5th April, 1976, he shall be entitled to unemployment benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date up to the 394th day of unemployment in that period of interruption of employment.

[1979, s. 22]

(6) Subsection (1) shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “156 days”.

(7) Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit—

(a) she shall requalify therefor when she has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which she was entitled to that benefit, and

(b) on her so requalifying, subsections (1) and (6) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(8) Where in a period of interruption of employment a woman referred to in subsection (6) has exhausted her right to 156 days' unemployment benefit within the period of 156 days ending on 31st March, 1979, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment after that date up to the 315th day of unemployment in that period of interruption of employment.

[1952, s. 16]

(9) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

Disqualifications.

[1952, s. 17]

35.—(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:

[1967 MP, s. 8]

Provided that the foregoing provisions of this subsection shall not apply to a person who—

(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

(3) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he—

(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or

(b) has refused an offer of suitable employment, or

[1967 MP, s. 8]

(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or

(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,

and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.

(4) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

(5) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—

(a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or

(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or

(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.

(6) In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.

CHAPTER 5

Occupational Injury Benefits

Preliminary

Interpretation.

[1966 OI, s. 1]

36.—(1) In this Chapter, save where the context otherwise requires—

“apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation;

“approved hospital treatment” has the meaning specified in section 63 (2);

“claimant” means a person claiming occupational injuries benefit and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be construed accordingly;

“the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“disablement gratuity” has the meaning specified in section 43 (7);

“disablement pension” has the meaning specified in section 43 (8) or (9);

“injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 43 (2), disablement benefit in respect of the accident is not available to the insured person;

“medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly;

“medical treatment” has the meaning specified in section 63 (1);

“occupational accident” has the meaning specified in section 60 ;

“relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury;

“unemployability supplement” has the meaning specified in section 45 (3).

(2) References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.

Insurable Employment

Occupational injuries insurance.

[1966 OI, s. 2]

37.—(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused by accident arising out of and in the course of such employment.

(2) Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section.

Insurable (occupational injuries) employment.

[1966 OI, s. 3]

38.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule.

(2) (a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part I of the First Schedule

(i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise,

(ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, and

(iii) employment in the State as a member or as a person training to become a member of any such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as may be prescribed.

(b) In paragraph (a) (ii)—

“ship” means—

(i) any ship registered in the State, or

(ii) any other ship or vessel of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State;

“aircraft” means—

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

(3) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part II of the First Schedule

(a) employment as a member of the Defence Forces,

(b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel,

(c) employment, otherwise than under contract of service or apprenticeship, as an outworker,

(d) employment under any local or other public authority in the execution of any contract for services,

[1972, s. 15]

(e) employment as a member of the Garda Síochána, and

[1974 (No. 3), s. 4]

(f) employment specified in paragraph 12 of Part I of the First Schedule .

(4) For the purposes of this section, paragraph 2 of Part II of the First Schedule shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer.

(5) For the purposes of this section, paragraphs 6, 8 and 9 of Part II of the First Schedule shall be taken as not including employment under any contract of service or apprenticeship.

(6) For the purposes of this section, a pilot to whom the Pilotage Act, 1913 , applies shall, when employed on any ship as defined in subsection (2) (b), be deemed to be a member of the crew of that ship.

(7) The Minister may, in relation to paragraphs 4 and 5 of Part II of the First Schedule , by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified.

(8) The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part II of the First Schedule .

(9) Where it appears to the Minister—

(a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of this Part, and

(b) that either—

(i) the first-mentioned employment can conveniently be included among the excepted employments, or

(ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments,

the Minister may by regulations provide that the employment shall be so included.

(10) The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2) (a) (ii).

[1967 MP, s. 16]

(11) A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna, be deemed for the purposes of this Part to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna.

Extension of meaning of references to accidents arising out of and in the course of employment.

[1966 OI, s. 4]

39.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment.

(2) An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment if—

(a) the accident arises in the course of the employment,

(b) the accident—

(i) either is caused by another person's misconduct, skylarking or negligence, or by steps taken in consequence of any such misconduct, skylarking or negligence or by the behaviour or presence of an animal (including a bird, fish or insect), or

(ii) is caused by or consists in the insured person's being struck by any object or by lightning, and

(c) the insured person did not directly or indirectly induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.

(3) An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—

(a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and

(b) the act is done for the purposes of and in connection with the employer's trade or business.

(4) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed for the purposes of this Part to arise out of and in the course of his employment, if—

(a) the accident would have been deemed for those purposes so to have arisen had he been under such an obligation, and

(b) at the time of the accident, the vehicle—

(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and

(ii) is not being operated in the ordinary course of a public transport service.

In this subsection references to a vehicle include references to a ship, vessel or aircraft.

(5) An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

(6) An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.

Accidents in illegal employment, etc.

[1966 OI, s. 5]

40.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 54 , or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or noncompliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received.

(2) In subsection (1) “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due.

Accidents outside the State.

[1966 OI, s. 6]

41.—Except where regulations otherwise provide, occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside the State.

Benefits

Injury benefit.

[1966 OI, s. 8]

42.—(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, he is incapable of work during the injury benefit period:

Provided that, subject to section 48 (1) (b), an insured person shall not be entitled to injury benefit in respect of the first 3 such days unless, as the result of the injury, he is incapable of work during the said period on not less than 12 days.

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of injury benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(3) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded.

(4) Subject to this Part, injury benefit shall be an allowance payable at the weekly rates set out in column (2) of Part I of the Second Schedule .

(5) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate.

(6) A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.

Disablement benefit.

[1966 OI, s. 9]

43.—(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with the following provisions of this section amounts to not less than one per cent.; and, for the purposes of those provisions, there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to one per cent.

(2) Disablement benefit shall not be available to an insured person until after the third day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident nor until after the last day, if any, of that period on which he is incapable of work as a result of the relevant accident:

Provided that, if he is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.

(3) For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles—

(a) save as hereafter provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;

(b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to the provisions of any regulations made under subsection (4), it shall not be so treated in so far as the claimant either—

(i) would in any case have been subject thereto as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or

(ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to that accident;

(c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition;

(d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly.

(4) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in subsection (3) (c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.

(5) The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty: provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period—

(a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the said possibility, and

(b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.

(6) An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:

Provided that—

(a) the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and

(b) a percentage between 20 and 100 which is not a multiple of 10 shall be treated—

(i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and

(ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.

(7) (a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent., disablement benefit shall be a gratuity (in this Chapter referred to as a disablement gratuity)—

(i) of an amount fixed, in accordance with the length of the said period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in Part II of the Second Schedule ,

(ii) payable, if and in such cases as regulations so provide, by instalments.

(b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons, except that a lower amount may be fixed thereby for cases where, at the beginning of the period taken into account by the assessment, the beneficiary is under the age of 18 years, and may be made to depend on the date on which the beneficiary will attain that age, or the beneficiary, being over the age of 18 years, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband:

Provided that—

(i) such lower amount shall not in any case be less than two-thirds of the amount to which the beneficiary would otherwise be entitled, and

(ii) in the case of either class of beneficiary mentioned in this paragraph, the higher rate shall be payable if the beneficiary would, if he or she were in receipt of injury benefit rather than disablement gratuity, be entitled to an increase of that benefit for a qualified child or children or for an adult dependant.

(8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as a disablement pension) for that period at the weekly rate set out in column (2) of Part III of the Second Schedule appropriate to the degree of disablement:

Provided that—

(a) where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date, and

(b) where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, the weekly rate for any degree of disablement shall be the rate set out in column (3) of Part III of the Second Schedule appropriate to the degree of disablement unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant.

(9) (a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years, the following provisions shall have effect if the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity—

(i) the gratuity shall not be paid,

(ii) disablement benefit shall be a pension (in this Chapter also referred to as a disablement pension) at the weekly rate appropriate in accordance with a prescribed scale,

(iii) the disablement pension shall be for the period taken into account by the assessment of disablement subject to the proviso that, where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.

(b) The following provisions shall apply in relation to the scale prescribed for the purposes of this subsection—

(i) the scale shall be the same for all persons, except that a lower amount may be fixed thereby for cases where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant,

(ii) different amounts may be specified in relation to the different percentages under 20 per cent., but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in Part III of the Second Schedule ) for a degree of disablement of 20 per cent., the same proportion as the percentage with respect to which it is specified bears to 20 per cent.

(10) Notwithstanding section 298 (1), an appeal shall not lie against a provisional assessment of the extent of disablement before the expiration of two years from the date of the first assessment of the extent of disablement in the case, nor where the period taken into account by the assessment falls wholly within those two years.

Increase of injury benefit and disablement pension for adult and child dependants.

[1966 OI, ss. 10, 11; 1980, s. 23]

44.—(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of injury benefit under this subsection in respect of more than one person.

(2) The weekly rate of injury benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(3) Subsections (1) and (2) shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as they apply to injury benefit.

Increase of disablement pension on account of unemployability.

[1966 OI, s. 12]

45.—(1) The weekly rate of disablement pension shall be increased by the amount set out in Part IV of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

[1973, s. 19]

(2) (a) For the purposes of this section, a person may be treated as being incapable of work and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to restrict him to earning not more than £234 in a year.

(b) In paragraph (a) the reference to earning includes a reference to receiving any remuneration or profit derived from gainful occupation.

(3) An increase of pension under this section (in this Chapter referred to as an unemployability supplement) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.

Increase of disablement pension where constant attendance is needed.

[1966 OI, s. 13]

46.—(1) Where a disablement pension is payable in respect of an assessment of 100 per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed the amount specified in Part IV of the Second Schedule .

(2) An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time: provided that no such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.

Increase of disablement benefit during approved hospital treatment.

[1966 OI, s. 14]

47.—Where a person is awarded disablement benefit but the extent of his disablement is assessed for the period taken into account by the assessment at less than 100 per cent., it shall be treated as assessed at 100 per cent. for any part of that period during which he receives approved hospital treatment (whether before or after the making of the assessment or the award of the benefit):

Provided that, where the extent of the disablement is so assessed at less than 20 per cent., this section shall not affect the operation of the provisions relating to disablement gratuities, but, in the case of a disablement pension payable by virtue of this section to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase provided for by this Chapter) shall be reduced by the amount prescribed as being the weekly value of his gratuity.

Adjustments for successive accidents.

[1966 OI, s. 15].

48.—(1) Where a person suffers two or more successive accidents against which he is insured by occupational injuries insurance—

(a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in subsection (2)) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of two or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 43 (8),

(b) the provision of this Chapter excluding the right to injury benefit for the first 3 days of incapacity resulting from the relevant accident unless there are 12 such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than 13 weeks as a result of each of which the person is incapable of work on some day during the injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said 12 days in the case of each of those accidents, any days which may be so taken into account in the case of any other of them,

(c) regulations may provide for adjusting—

(i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to, a disablement gratuity,

(ii) any increase of benefit such as is mentioned in subsection (2), or the conditions for the receipt thereof.

(2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 44 , 45 and 46 .

Title to death benefit.

[1966 OI, s. 16]

49.—Subject to this Part, where an insured person dies as a result of personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in sections 50 to 53 .

Death benefit for widows and widowers and increases for qualified children.

[1966 OI, s. 17; 1977, s. 20]

50.—(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.

(2) In the case of a widow, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and if she has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.

(3) A pension under subsection (2) shall not be payable for any period after the remarriage of the widow.

(4) A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife.

[1966 OI, s. 18]

(5) The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained.

(6) In the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column(7) of that Part.

(7) In the case of any other widower, death benefit shall be a gratuity of the amount set out in Part II of the Second Schedule .

(8) A pension under subsection (6) shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity.

[1966 OI, s. 19]

(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who—

(a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or

(b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or

(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.

[1969 MP, s. 13 (2)]

(10) For the purpose of subsection (9), a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Death benefit—parents.

[1966 OI, s. 20]

51.—(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained.

[1977, s. 20]

(2) The death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and in the case of a person who has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.

(3) Where a person to whom a pension at the weekly rate set out at reference 4 (c) (i) in Part I of the Second Schedule is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity the pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iv) in that Part and, if at that time a pension at the weekly rate set out at reference 4 (c) (iv) in that Part is payable to his wife, that pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iii) in that Part.

(4) Where a parent was partly maintained by each of two or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section as having received from the last of those insured persons to die contributions to the maintenance of the parent equal to the aggregate amount which those insured persons were together contributing before the first of the accidents happened, and as having received nothing from the other or others.

(5) A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage.

(6) A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man land wife.

(7) (a) For the purposes of subsections (1) and (4) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1976, shall be taken as referring to the adopters or the adopter, and includes a step-parent, and “father” and “mother” at reference 4 (c) of Part I of the Second Schedule shall be construed accordingly.

(b) Subject to paragraph (a), in this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased.

Death benefit—orphans.

[1966 OI, s. 21]

52.—(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan who was wholly or mainly maintained by the deceased at the date of his death.

(2) In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule .

(3) Section 99 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.

[1969 MP, s. 13 (2)]

(4) In deciding whether a pension under this section is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Death benefit—funeral expenses.

[196 OI, s. 22]

53.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased.

(2) Subject to subsection (3), the grant shall be the amount set out in Part II of the Second Schedule .

(3) In any such case as may be specified by regulations, the grant shall be such lesser amount as may be specified by the regulations for that case.

(4) Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State.

Insurance against prescribed diseases and injuries not caused by accident.

[1966 OI, s. 23]

54.—(1) Subject to this section, a person who is insured under this Part against personal injury caused by accident arising out of and in the course of his employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after 1st May, 1967.

(2) A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, if the Minister is satisfied that—

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.

(3) Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before 1st May, 1967, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when he developed the disease or injury.

(4) Provision may be made by regulations for determining the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and the circumstances in which any such disease or injury is, where the person in question has previously suffered therefrom, to be treated as having recrudesced or as having been contracted or received afresh.

(5) The benefit payable pursuant to this section in respect of a prescribed disease or injury, and the conditions for the receipt of such benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations as respects any matter which is to be prescribed and to the following provisions of this section.

(6) Regulations may provide, in relation to prescribed diseases and injuries, for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection therewith or with an award of benefit on any such claim.

(7) Without prejudice to the generality of subsection (6), the said regulations may in particular include provision—

(a) for presuming any prescribed disease or injury—

(i) to be due, unless the contrary is proved, to the nature of a person's employment where he was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury,

(ii) not to be due to the nature of a person's employment unless he was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury; and

(b) for such matters as appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of the foregoing provisions of this section.

(8) Nothing in this section shall affect the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Chapter except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in that employment.

Supplements to workmen's compensation payments.

[1966 OI, s. 24]

55.—(1) Regulations shall provide for conferring on persons who-—

(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and

(b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable,

the like right to payments under this Chapter by way of unemployability supplement and the like right to payments under this Chapter in respect of a child or adult dependant as if the injury or disease were one in respect of which a disablement pension were for the time being payable.

(2) Regulations shall also provide for conferring on persons who—

(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and

(b) as the result of that injury or disease require constant attendance,

the like right to payments under this Chapter in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.

(3) Such regulations may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a child or adult dependant, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications.

(4) All payments under this section shall be paid out of the Occupational Injuries Fund.

Limitation of benefits by pre-accident earnings.

[1966 OI, s. 25; 1970, s. 20]

56.—(1) The weekly rate of injury benefit, including any increase thereof, or of disablement pension, including any increase thereof, shall not exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident.

(2) Where, in respect of the whole or part of any week for which a beneficiary is entitled to payment of a disablement pension, any one of the following is also payable to him—

(a) disability benefit,

(b) unemployment benefit,

(c) unemployment assistance,

(d) retirement pension,

(e) invalidity pension,

and the aggregate of the two payments would otherwise exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident, the weekly rate of the disablement pension, including any increase thereof, shall be reduced in respect of that week by the amount of the excess.

(3) Subsections (1) and (2) shall be subject to the proviso that in no case shall the rate payable, including any increase thereof, be reduced below the amount set out in Part V of the Second Schedule .

(4) For the purposes of subsections (1) to (3), the weekly earnings of a person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of his remuneration at that time for a full normal working week in the employment in which the accident occurred, overtime being disregarded for this purpose, or, if he was not employed full-time in that employment at the time of the relevant accident, the rate of remuneration which would be provided by his employer for a full normal working week in that employment, overtime being disregarded:

Provided that—

(a) where a person was being remunerated otherwise than at a weekly rate, the weekly earnings of such person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of remuneration which he would earn for a full normal working week in that employment, overtime being disregarded,

(b) where by reason of the casual nature of the employment or the terms of the employment, it is impracticable to compute the rate of remuneration which would be provided by the employer for a full normal working week at the time of the relevant accident, regard may be had to the weekly amount which was being earned at that time by a person employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district, and

(c) for the purposes of subsection (1) in the case of disablement pension and for the purposes of subsection (2), the weekly remuneration, overtime being disregarded, provided during any period after the relevant accident in an employment in which a person was employed at the time of the relevant accident may be substituted in relation to that period for his actual weekly earnings at the time of the relevant accident if this would be more beneficial to him; and account shall be taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration.

(5) Where—

(a) a person is, by virtue of regulations under section 55 , entitled to weekly payments under this Chapter, and

(b) the amount of any such payment or payments for any week together with the weekly payment of compensation to which he is entitled under the Workmen's Compensation Acts (or where he has ceased to be entitled to weekly payments of compensation under those Acts, the last such weekly payment) is in excess of the weekly earnings, overtime being disregarded, for the time being provided in the employment in which the relevant accident happened or due to the nature of which the relevant disease was contracted, account being taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration,

the amount of the weekly payment or payments under this Chapter for that week shall be reduced by the excess.

In this subsection “relevant accident” means the accident in respect of which the weekly payment of compensation became payable and “relevant disease” means the disease in respect of which that payment became payable.

[1966 OI, s. 25 (6)]

(6) For the purposes of this section, where the amount of weekly earnings is not exactly divisible by 5 the earnings shall be taken to be the next higher amount which is exactly divisible by 5.

Cost of medical care.

[1966 OI, s. 26]

57.—(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, shall be payable out of the Occupational Injuries Fund to the extent that such cost is not met under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or regulations made under section 110 .

(2) Where an insured person is eligible to avail himself of services provided under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or treatment benefit under regulations made under section 110 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he availed himself of such services or benefit.

(3) Where an insured person receives medical care during any period in which he is an in-patient in a hospital or similar institution, the amount payable under this section in respect of such care shall not exceed—

[ S.I. No. 106 of 1971 ]

(a) the maximum amount which would be chargeable under section 53 of the Health Act, 1970 , to an insured person to whom the institutional services provided under that section are made available for that period, or

(b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act, 1945 , (inserted by section 71 of the Health Act, 1953 ) to an insured person to whom mental hospital assistance is made available for that period,

as may be appropriate.

[ S.I No. 106 of 1971 ]

(4) The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be such sum as is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for such care and the customary charge therefor.

(5) Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, he or such other person as may be prescribed shall, within such period as may be prescribed, give notice in writing to the Minister of the care required by him, and shall furnish such particulars as may be required of such care, and no payment under this section shall be made unless the notice is given and, where any particulars are required as aforesaid, those particulars are furnished.

(6) Where notice is given under subsection (5), the insured person may be required to submit himself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his case, and no payment shall be made under this section if he fails to comply with the requirement.

[1970 HA, s. 6]

(7) Payments under this section shall be made to such persons as the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to a health board, payment may be made to that board.

(8) Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications.

(9) For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations—

(a) general practitioner and specialist care, including domiciliary visiting,

(b) nursing care at home except where the cost is met by an increase under section 46 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions,

(c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary,

(d) dental and optical treatment and appliances,

(e) the care furnished, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and

[ S.I. No. 234 of 1967 ]

(f) conveyance to and from the place where medical care as specified in this subsection is provided.

Occupational Accidents

Notice of accidents.

[1966 OI, s. 27]

58.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 57 may be payable to be given within the prescribed time by the insured person or, where within that time his death results from the accident, by such other person as may be prescribed, to the insured person's employer or another prescribed person.

(2) In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 57 for such period as may be determined in accordance with the regulations.

Reporting of accidents by employers.

[1966 OI, s. 28]

59.—Regulations may provide for requiring employers—

(a) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable,

(b) to furnish to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and

(c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.

Declaration that accident is an occupational accident.

[1966 OI, s. 29]

60.—(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.

(2) Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.

(3) Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

(4) Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.

(5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if—

(a) it arises out of and in the course of his employment,

(b) that employment is insurable (occupational injuries) employment, and

(c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State,

and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.

Miscellaneous

Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.

[1966 OI, s. 31]

61.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 6 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, if the person fails without good cause—

(a) to submit himself from time to time to medical examination for the purpose of determining the effect of the relevant accident, whether the accident has resulted in a loss of faculty, at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or the treatment appropriate to the relevant injury or loss of faculty,

(b) to submit himself from time to time to appropriate medical treatment for the relevant injury or loss of faculty,

(c) to attend at such places and times as may be required for the purposes of the said medical examination or treatment, or

(d) to observe any prescribed rules of behaviour.

(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment as aforesaid of such amount as may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.

Treating person as incapable of work, etc.

[1966 OI, s. 32]

62.—Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision—

(a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and

(b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.

Medical treatment and approved hospital treatment.

[1966 OI, s. 33]

63.—(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to a person receiving or submitting himself to medical treatment shall be construed accordingly.

(2) References in this Chapter to a person receiving approved hospital treatment shall be construed, in relation to any occupational injuries benefit payable to him, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty.

(3) Regulations may provide that where a person receives medical treatment as an in-patient for two or more distinct periods separated by an interval or intervals of less than a specified duration, he shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last.

Rehabilitation.

[1966 OI, s. 34; S.I. No. 106 of 1971 ]

64.—(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act, 1970 ) for persons entitled to disablement benefit, such contributions as he may, with the consent of the Minister for Finance, determine.

(2) The amounts required for any contributions under this section shall be paid out of the Occupational Injuries Fund.

Employment contributions.

[1966 OI, s. 36; 1978 AM, s. 16]

65.—(1) Every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly.

(2) (a) In relation to an employed contributor who, but for subsection (1), would not be an employed contributor—

(i) in case he is under the age of 16 years, no employment contributions shall be payable,

(ii) in any other case (including a case in which he is over pensionable age) where in any contribution year a payment is made to or for the benefit of the contributor in respect of reckonable earnings of that contributor, the employment contribution shall consist of an employer's contribution only at the rate of 0.45 per cent. of the amount of the contributor's reckonable earnings to which such payment relates.

(b) In relation to an employed contributor who is an employed contributor by virtue of both section 5 and subsection (1) of this section, the employment contribution mentioned in section 10 (1) (b) (ii) shall be increased by an amount calculated at the rate of 0.45 per cent of the amount of the reckonable earnings by reference to which the employment contribution mentioned in section 10 (1) (b) (ii) is determined.

(3) The provisions of sections 10 (1) (c) and 10 (1) (d) shall apply in like manner to contributions under subsection (2) of this section as they apply to contributions by employers under section 10 (1) (b).

[1970, s. 20; 1973, s. 19]

(4) An employment contribution payable by virtue of subsection (2) (a) (ii) shall not be reckoned for the purposes of qualifying or requalifying any person for any of the benefits referred to in section 17 .

(5) The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.

Research.

[1966 OI, s. 35]

66.—(1) The Minister may promote research into the causes, incidence and methods of prevention of—

(a) accidents and injuries against which occupational injuries insurance is provided, or

(b) diseases against which such insurance is provided or which it is contemplated may be prescribed for the purposes of section 54 ,

either by himself employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research.

(2) The Minister may pay to persons so employed such salaries or other remuneration, and such travelling or other allowances, as he may, with the consent of the Minister for Finance, determine.

(3) The amounts required for any payments under this section shall be paid out of the Occupational Injuries Fund.

Occupational Injuries Fund.

[1966 OI, s. 37]

67.—(1) The Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 , shall continue in being and to comprise a current account, to be managed and controlled by the Minister, and an investment account, to be managed and controlled by the Minister for Finance.

(2) (a) Notwithstanding any provision to the contrary, occupational injuries benefits, together with any other payments which under this Chapter are payable out of the Occupational Injuries Fund, shall be paid out of the current account of that Fund, and, for the purpose of providing the moneys for meeting the expenditure on such benefits and other payments, employment contributions paid into the Social Insurance Fund consequent upon section 65 (2) (a) and increases of employment contributions so paid consequent upon section 65 (2) (b) shall be paid out of that Fund to the current account of the Occupational Injuries Fund.

(b) The following sums paid out of the Social Insurance Fund shall be repaid to that Fund out of the Occupational Injuries Fund—

[1970, s. 20]

(i) sums paid by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 54 , to a person who is entitled to disablement benefit in respect of such accident, disease or injury,

[1970, s. 20]

(ii) sums paid, in respect of any period by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an injury or disease, being sums paid to a person who is or has been on or after 1st October, 1965, entitled to weekly payments of compensation under the Workmen's Compensation Acts in respect of such injury or disease.

(3) Moneys standing to the credit of the current account of the Occupational Injuries Fund and not required to meet current expenditure shall be transferred to the investment account of that Fund.

(4) Whenever the moneys in the current account of the Occupational Injuries Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of that Fund such sums as may be necessary for the purpose of discharging those liabilities.

(5) Subject to subsection (4), moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.

(6) An investment pursuant to subsection (5) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.

(7) Accounts of the Occupational Injuries Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.

(8) There shall be recoverable from the Occupational Injuries Fund at such times and in such manner as may be directed by the Minister for Finance—

(a) expenses of the Minister (determined on such basis as he considers proper) pursuant to this Chapter, and

(b) expenses of any other Minister (determined on such basis as may be agreed upon between him and the Minister) relating to this Chapter.

(9) Moneys received pursuant to subsection (8) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(10) In estimating expenses for the purposes of subsection (8), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump-sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Chapter.

(11) (a) The Minister shall cause actuarial reviews to be made into the financial condition of the Occupational Injuries Fund, having regard, in particular, to the adequacy or otherwise of the contributions to support the benefits and other payments, and shall cause a copy of every report of the actuary under this subsection to be laid before each House of the Oireachtas.

[ S.I. No. 215 of 1974 ]

(b) A review under this subsection shall be made in respect of the five-year period ending with 31st December, 1983, and thereafter in respect of the period ending with 31st December in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.

Taking of benefit into account in assessing damages.

[1966 OI, s. 39; 1974 (No. 2), s. 21]

68.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 306 of this Act, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 42 (2), after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(3) Notwithstanding section 50 of the Civil Liability Act, 1961 , in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person's death.

Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.

[1966 OI, s. 40]

69.—The Workmen's Compensation Acts, 1934 to 1955, as amended by Part V of the Civil Liability Act, 1961 , shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act, 1966 , had not been passed, being cases where a right to compensation arose in respect of employment before 1st May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 54 , the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.

Construction of certain references in Local Government (Superannuation) Act, 1956.

[1966 OI, s. 42]

70.—The references to the Social Welfare (Occupational Injuries) Act, 1966 , in—

(a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act, 1956 , as amended by section 42 of the first-mentioned Act, and

(b) section 43 of the said Local Government (Superannuation) Act, 1956 , as so amended,

shall be construed as references to this Chapter.

CHAPTER 6

Pay-Related Benefit

Interpretation.

[1973 PRB, s. 1; 1978 AM, s. 18 (2)]

71.—In this Chapter—

“reckonable earnings” means, subject to regulations under this Chapter, earnings derived from insurable employment in respect of which employment contributions are payable in accordance with section 10 (1);

“reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week;

“relevant income tax year” means, in relation to pay-related benefit payable in respect of any particular day, such year of assessment within the meaning of the Income Tax Acts as may be prescribed in relation to such benefit.

Title to benefit.

[1973 PRB, s. 3; 1974 (No. 2), s. 24]

72.—(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—

(a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under Chapter 5 in respect of that day, or

(b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit,

and which is not earlier than the 13th day of incapacity for work or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment.

(2) Any day in respect of which a person is entitled to maternity allowance shall be treated, for the purposes of this section, as a day of incapacity for work.

Rate of benefit.

[1976, s. 12]

73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to—

(a) for any part of that period up to the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent.,

(b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent.,

(c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 per cent., and

(d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent.,

of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £14 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.

Duration of payment.

[1976, s. 12]

74.—(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the 393rd day of incapacity for work in that period or in respect of any day of unemployment after the 393rd day of unemployment in that period.

[1980, s. 17]

(2) In calculating for the purposes of this Chapter whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of—

(a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 18 (2) applies,

(b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 29 (2) applies.

Transitional provisions.

[1975 PRB, s. 4; S.I. No. 114 of 1975 ]

75.—(1) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 316th day of incapacity for work in that period of interruption of employment.

(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 316th day of unemployment in that period of interruption of employment.

[1976, s. 12]

(2) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date, received pay-related benefit and had not less than 315 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 394th day of incapacity for work in that period of interruption of employment.

(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date received pay-related benefit and had not less than 315 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 394th day of unemployment in that period of interruption of employment.

Regulations.

[1973 PRB, s. 8]

76.—(1) The Minister may by regulations provide for—

(a) the calculation or estimation of the amount of the reckonable earnings and the amount of the reckonable weekly earnings of a person or class of persons for the purposes of this Chapter, in such manner, by reference to such matters and on such basis as may be specified;

[1973 PRB, s. 9; 1978 AM, s. 18 (3)]

(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid fractions of a penny in the amounts;

[1973 PRB, s. 10]

(c) the application of this Chapter to persons employed in such class or classes of employment as may be specified in the regulations and may by such regulations make such modifications in the provisions of this Chapter as may appear to him to be necessary for that purpose;

(d) the exclusion from the application of this Chapter of persons employed in employment of such class or classes as may be specified in the regulations;

[1973 PRB, s. 11]

(e) the modification of any of the conditions for receipt of pay-related benefit in the case of any claim to such benefit arising during the period which began on 8th April, 1974, and ending on such date as may be specified in the regulations;

[1973 PRB, s. 13]

(f) requiring employers, for the purposes of pay-related contributions and pay-related benefit, to keep such records as may be specified in the regulations of the earnings of persons employed by them and to retain the records for such periods as may be prescribed and any records so specified shall be deemed to be documents for the purposes of section 114 .

[1973 PRB, s. 10]

(2) A class of employment may be specified in regulations under subsection (1) (c) or (d) in such manner and by reference to such matters as the Minister thinks appropriate.

(3) Where regulations modifying the provisions of this Chapter are proposed to be made under subsection (1) (c) or (d), a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Information in relation to reckonable earnings.

[1973 PRB, s. 12; 1978 AM, s. 18 (3)]

77.—The Revenue Commissioners may give to the Minister such information in relation to reckonable earnings as may be necessary for the purpose of pay-related benefit.

CHAPTER 7

Old Age (Contributory) Pension

Title to pension.

[1952, s. 25A; 1960 AM, s. 7]

78.—(1) Subject to this Act, a person shall be entitled to an old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 79 .

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of old age (contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

[1978 AM, s. 13 (2)]

(3) For the purposes of this Chapter “yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the date of his attaining pensionable age.

Conditions for receipt.

[1952, Sch. 4; 1960 AM, s. 16; 1978 AM, ss. 13, 14]

79.—(1) The contribution conditions for an old age (contributory) pension are—

(a) subject to subsection (2), that the claimant has entered into insurance before attaining the age of 56 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average of not less than 48.

[1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]

(2) (a) In the case of a person who attained the age of 57 years before 1st July, 1974, subsection (1) (a) shall be construed as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after 1st July, 1974, subsection 1 (a) shall be construed as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (a) shall be construed as if “57” were substituted for “56” and paragraph (b) of this subsection shall not apply on his attaining the age of 57 years.

(d) In the case of a person who attained the age of 55 years on or after 1st October, 1977, paragraph (c) shall not apply on his attaining the age of 56 years and paragraph (b) shall not apply on his attaining the age of 57 years.

[1974 (No. 2), s. 11]

(3) (a) A person who attained the age of 69 years on or after 1st July, 1974, but before 5th January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if that would be to his advantage.

(b) A person who attained the age of 69 years before 1st July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1975, s. 10]

(4) (a) A person who attained the age of 68 years on or after 1st April, 1975, but before 3rd January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if that would be to his advantage.

(b) A person who attained the age of 68 years before 1st April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1977, s. 13]

(5) (a) A person who attained the age of 67 years on or after 1st October, 1977, but before 1st January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if that would be to his advantage.

(b) A person who attained the age of 67 years before 1st October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1952, s. 14]

(6) Regulations may provide for modifications of the meaning of yearly average contained in section 78 (3) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28A; 1960 AM, s. 10]

(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.

[1960 AM, s. 10; 1964 MP, s. 9]

(8) Regulations for the purposes of subsection (7) shall provide that old age (contributory) pension 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 contribution condition set out in subsection (1) (c) is satisfied, but any increase of benefit payable under section 81 (1) or section 81 (2) shall be the same as if that condition had been fully satisfied.

[1952, s. 66A; 1960 AM, s. 13]

(9) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts, 1911 to 1952 (other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 )), shall be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.

(10) Regulations under subsection (9) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts, 1911 to 1952, or who were absent from the State before 3rd October, 1960, of any of the contribution conditions for old age (contributory) pension.

[1967 MP, s. 11]

(11) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5 .

Rates of pension.

[1952, s. 14]

80.—Subject to this Part, the weekly rates of old age (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for adult and child dependants).

[1952, s. 26; 1960 AM, s. 8]

81.—(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,

and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension.

[1952, s. 27; 1960 AM, s. 9; 1964 MP, s. 8; 1976, s. 18]

(2) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

[1952, s. 26; 1974 (No. 2), s. 19]

(3) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(4) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension is living alone.

[1969 MP, s.9]

(5) In determining the weekly rate of old age (contributory) pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments.

[1960 AM, s. 18]

82.—(a) Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, and

(b) any such scheme or arrangement other than a scheme or arrangement for the provision of compensation for redundancy may be wound-up,

in connection with the provision under this Chapter of a scheme of old age (contributory) pensions either—

(i) by agreement between the different parties concerned in the scheme or arrangement, or

(ii) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme or arrangement, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or arrangement or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry, Commerce and Tourism.

CHAPTER 8

Retirement Pension

Title to pension.

[1952, s. 25D; 1970, s. 7]

83.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 84 .

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of retirement pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(3) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.

[1978 AM, s. 13]

(4) For the purposes of this Chapter—

“yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(i) on 5th January, 1953, in case the claimant is a man or on 6th July, 1953, in case the claimant is a woman, or

(ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after 5th January, 1953, in the case of a man or 6th July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of 65 years.

Conditions for receipt.

[1952, Sch. 4; 1970, Sch.]

84.—(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average of not less than 48.

[1952, s. 14]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 83 (4) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 66B; 1970, s. 16]

(3) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.

[1952, s.28B; 1970, s. 10]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.

(5) Regulations under subsection (4) shall provide that retirement pension 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 contribution condition set out in subsection (1) (c) is satisfied but any increase of that pension payable under section 86 (1) or section 86 (2) shall be the same as if that condition had been fully satisfied.

Rates of pension.

[1952, s. 14]

85.—Subject to this Part, the weekly rates of retirement pension shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for adult and child dependants).

[1952, s. 26; 1970, s. 8]

86.—(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.

[1952, s. 27; 1970, s. 9; 1976, s. 18]

(2) The weekly rate of retirement pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

[1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of retirement pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(4) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 9

Survivor's Benefit

Title to-benefit.

[1952, s. 26; 1963 MP, s. 11; 1976, s. 17]

87.—(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 81 (1) or 86 (1) in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow.

(2) Benefit under this section shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity.

(3) A man shall be disqualified for receiving benefit under this section if and so long as he and any other person are cohabiting as man and wife.

(4) Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period—

(i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension,

(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section.

CHAPTER 10

Invalidity Pension

Title to pension.

[1952, s. 25C; 1970, s. 6]

88.—(1) Subject to this Act, a person shall be entitled to invalidity pension if—

(a) he is permanently incapable of work, and

(b) he satisfies the contribution conditions in section 89 .

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of invalidity pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(3) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.

(4) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.

Conditions for receipt.

[1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13]

89.—(1) The contribution conditions for invalidity pension are—

(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date.

(2) In this section “relevant date” means any date subsequent to the completion of one year of continuous incapacity for work where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 66B; 1970, s. 16]

(4) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension.

Rates of pension.

[1952, s. 14]

90.—Subject to this Part, the weekly rates of invalidity pension shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for adult and child dependants).

[1952, s. 26; 1970, s. 8; 1980, s. 19]

91.—(1) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1970, s. 9; 1976, s. 18]

(2) The weekly rate of invalidity pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

[1952, s. 26; 1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977. s. 14 (2)]

(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 11

Widow's (Contributory) Pension

Title to pension.

[1952, s. 22; 1960 AM, s. 6; 1974 (No.2), s. 18]

92.—(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death.

(2) A widow's (contributory) pension shall not be payable for any period after her remarriage.

(3) A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife.

[1979, s. 24]

(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.

[1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]

(5) In this Chapter—

“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;

“husband”, in relation to a woman who has been married more than once, refers only to her last husband.

(6) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 93 (1)(b).

Conditions for receipt.

[1952, Sch. 4; 1966 MP, s. 12; 1978 AM, s.13]

93.—(1) The contribution conditions for a widow's (contributory) pension are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or(if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if those conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).

[1960 AM, s. 16]

(2) In this section—

“relevant time” means—

(a) the date of the husband's attaining pensionable age or dying under that age, or

(b) if the conditions are being satisfied on the widow's insurance record—

(i) the date of the husband's death, or

(ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age.

[1952, s. 14]

(3) Regulations may provide for modifications of the meaning of yearly average contained in section 92 (6) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28A; 1960 AM, s. 10; 1966 MP, s. 6]

(4) Subject to subsection (5), regulations may provide for entitling to widow's (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

[1966 MP, s. 6]

(5) Regulations for the purposes of subsection (4) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rates specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied but any increase of benefit payable under section 95 (1) shall be the same as if that condition had been fully satisfied.

[1967 MP, s. 11]

(6) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5 .

[1974 (No. 2), s. 11]

(7) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st July, 1974, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1975, s. 10]

(8) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st April, 1975, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1977, s. 13]

(9) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant,

(b) A widow who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

Rates of pension.

[1952, s. 14]

94.—Subject to this Part, the weekly rates of widow's (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for child dependants).

[1976, s. 18]

95.—(1) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1952, s. 26; 1974 (No. 2), s. 19]

(2) The weekly rate of widow's (contributory) pension, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 12

Orphan's (Contributory) Allowance

Title to allowance.

[1952, s. 23]

96.—Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.

Condition for receipt.

[1952, Sch. 4; 1978 AM, s. 13]

97.—(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—

(a) a parent of the orphan,

(b) a step-parent of the orphan.

[1952, s. 14]

(2) Regulations may provide for modifications of this contribution condition but where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1969 MP, s. 9; 1970, s. 29]

(3) In deciding whether an orphan's (contributory) allowance is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Rate of allowance.

[1952, s. 14]

98.—Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the Second Schedule .

[1952, s. 14]

Payment of allowance.

[1952, s. 24]

99.—(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.

(2) An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.

CHAPTER 13

Deserted Wife's Benefit

Title to benefit.

[1952, s. 25E; 1973, s. 17; 1978 AM, s. 13]

100.—(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who—

(a) has been deserted by her husband,

(b) if she is less than 40 years of age, has at least one qualified child residing with her,

(c) satisfies the contribution conditions in section 101 , and

(d) satisfies such other conditions as may be prescribed.

(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195 (4) (a).

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.

(4) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101 (1) (b).

Conditions for receipt.

[1952, Sch.4; 1974 (No.2), s. 20; 1978 AM, s. 13]

101.—(1) The contribution conditions for deserted wife's benefit are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

(2) In this section “relevant time” means—

(a) the date on which the husband attained pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or

(b) if the conditions are being satisfied on the woman's insurance record—

(i) if she attained pensionable age before the date on which she is determined to have been deserted by her husband, the date on which she attained that age, or

(ii) the date on which she is determined to have been deserted by her husband.

[1952, s. 14]

(3) Regulations may provide for modifications of the meaning of yearly average contained in section 100 (4) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, S.28C; 1973, s, 17]

(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations under subsection (4) shall provide that deserted wife's 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 contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit payable under section 103 (1) shall be the same as if that condition had been fully satisfied.

[1974 (No. 2), s. 11]

(6) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant.

(b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st July, 1974, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1975, s. 10]

(7) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant

(b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st April, 1975, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1977, s 13]

(8) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

Rates of benefit.

[1952, s. 14]

102.—Subject to this Part, the weekly rates of deserted wife's benefit shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for child dependants).

[1952, s. 27; 1973, s. 17; 1976, s. 18]

103.—(1) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1952, s. 26; 1974 (No. 2), s. 19]

(2) The weekly rate of deserted wife's benefit, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(3) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the benefit has attained pensionable age and is living alone.

CHAPTER 14

Maternity Grant

Title to grant.

[1952, s. 19]

104.—(1) Subject to this Act, a woman who has been confined shall be entitled—

(a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and

(b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.

(2) For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.

[1952, s. 21]

(3) In this Chapter, for the purpose of determining entitlement to maternity grant—

(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(4) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a maternity grant.

Conditions for receipt.

[1952, Sch. 4; 1978 AM, s. 13]

105.—(1) The contribution conditions for a maternity grant are—

(a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and

(b) that the relevant person has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.

(2) In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Amount of grant.

[1952, s. 14]

106.—Subject to this Part, the amount of a maternity grant shall be as set out in Part VI of the Second Schedule .

CHAPTER 15

Death Grant

Title to grant.

[1952, s. 25 B; 1970, s. 5]

107.—(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—

(a) an insured person,

(b) the wife or husband of an insured person,

(c) the widow or widower of a deceased insured person, or

(d) a qualified child,

if the contribution conditions in section 108 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

(2) For the purposes of this section, in item 2 of Part VI of the Second Schedule and section 108 (2) “qualified child” means a person—

(a) who is under the age of 18 years at the date of death,

(b) who is ordinarily resident in the State on that date, and

(c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.

Conditions for receipt.

[1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13]

108.—(1) The contribution conditions for a death grant are—

(a) that before the relevant date the relevant insured person has qualifying contributions in respect of not less than 26 contribution weeks since his entry into insurance or since 1st October, 1970, (whichever is the later), and

(b) that either—

(i) the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred or the beginning of the contribution year next following 1st October, 1970, (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than 48.

[1974(No, 1), s. 7]

(2) In this Chapter “relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of such deceased person, or

(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 2 (6), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or

(iii) the spouse of the person referred to in subparagraph (ii),

(b) in any other case, the deceased person or the spouse of the deceased person;

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (1) (b)(ii).

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions for receipt of a death grant but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28B; 1970, s. 10]

(4) Subject to subsection (5), regulations may provide for entitling to a death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations under subsection (4) shall provide that a death grant payable by virtue thereof shall be of an amount less than that specified in Part VI of the Second Schedule , and the amount specified in the regulations may vary with the extent to which the relevant contribution condition set out in subsection (1) (b) is satisfied.

[1952, s. 66B; 1970, s. 16]

(6) Regulations may provide for modifications of the contribution conditions for a death grant in the case of a person who was an insured person on 1st October, 1970, and who, during the year subsequent to that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 11 (1) (b) (ii).

Amount of grant.

[1952, s. 14]

109.—Subject to this Part, the amount of a death grant shall be as set out in column (2) of Part VI of the Second Schedule .

CHAPTER 16

Treatment Benefit

General provisions as to benefit.

[1952, s. 25; 1964 MP, s.7]

110.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.

(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following—

(a) dental treatment,

(b) hospital and convalescent home treatment,

(c) medical and surgical appliances,

(d) optical treatment and appliances,

(e) specialist medical and specialist surgical treatment,

(f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.

(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.

(5) The Minister may by order appoint a day to be the day on which this section expires.

CHAPTER 17

Administration, Legal Proceedings and Finance

Administration

Decisions.

[1952, s. 42; 1961 MP s. 16]

111.—(1) Every question arising—

(a) in relation to a claim-for benefit,

(b) as to whether a person is or was disqualified for benefit,

(c) as to the period of any disqualification for benefit,

[1966 OI, s. 36]

(d) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,

(e) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,

(f) as to what rate of employment contribution is or was payable by an employer in respect of an employed contributor,

(g) as to who is or was the employer of an employed contributor,

(h) as to whether a person is or was entitled to become a voluntary contributor, or

(i) on any such other matter relating to this Part as may be prescribed,

shall be decided by a deciding officer in accordance with Part VIII .

(2) A reference in this section to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.

Administration of benefit.

[1952, s. 47]

112.—(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.

(2) Regulations made under this section as to the time of payment of benefit may—

(a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf,

[1960 AM, s. 12; 1966 OI, s. 30; 1970, s. 15; 1973, s. 17]

(b) in respect of old age (contributory) pension, retirement pension invalidity pension, widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit or occupational injuries benefit (other than injury benefit) provide, notwithstanding anything in this Part, for adjusting the commencement and termination of benefit, or for changes in the rate of benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(c) provide for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.

(3) Regulations may also provide—

(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Part and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,

[1972, s. 9]

(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the benefit or pension as is payable by virtue of sections 21 , 32 , 81 , 86 and 91 respectively,

(ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 95 (1),

(iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 44 ,

(c) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.

(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.

Interim payments, arrears and repayments.

[1952, s. 48]

113.—(1) Regulations may make provision in relation to matters arising—

(a) pending the decision under this Part or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit or of any question affecting any person's right to benefit or to receipt thereof or any person's liability for contributions, or

(b) out of the effect of any appeal or revision of any decision under this Part or Part VIII on any such claim or question.

(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision—

(a) for the suspension of benefit where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,

[1961, MP, s. 17; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]

(b) for treating any benefit paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or children's allowance) as may be specified, or otherwise.

Inspectors.

[1952, s. 49]

114.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be inspectors for the purposes of this Part.

(2) An inspector shall, for the purposes of the execution of this Part, have power to do all or any of the following things—

(a) to enter at all reasonable times any premises or place liable to inspection under this section;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are being or have been complied with in any such premises or place;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Part on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;

(d) to exercise such other powers as may be necessary for carrying this Part into effect.

[1966 OI, s. 36]

(3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person in insurable employment or insurable (occupational injuries) employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.

[1976 (No. 2). s. 3]

(4) If any person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,

he shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Part shall, if so required, produce the said certificate.

[1976 (No. 2), s. 3]

(6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed and any premises or places where an inspector has reasonable grounds for believing that any insurance cards or any other documents relating to persons in employment are kept.

(7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, another Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.

Legal Proceedings

Offences, including offences relating to bodies corporate.

[1952, s. 52; 1976 (No. 2), s. 4]

115.—(1) (a) If any person—

(i) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp,

(ii) affixes any used insurance stamp to any insurance card, or

(iii) affixes to any insurance card a forged or counterfeit stamp,

he shall be guilty of an offence.

(b) If any person, for the purpose of obtaining any benefit or other payment under this Part, whether for himself or some other person, or for any purpose connected with this Part—

(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

(c) Where a person aids, abets, counsels or procures an employee of his to commit any offence under paragraph (a) or (b) or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence.

(d) A person who is guilty of an offence under this subsection shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(e) In any proceedings under this subsection in respect of used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a contribution.

(f) (i) A person convicted of an offence under this subsection in relation to a benefit other than orphan's (contributory) allowance, maternity benefit, death grant or death benefit under section 52 or 53 , shall be disqualified for the receipt of that benefit for a period of 6 months immediately following the date of the conviction.

(ii) Subparagraph (i) shall not have effect in relation to an offence (other than an offence relating to unemployment benefit) committed before 12th July, 1976.

(2) (a) If any employer fails to pay at or within a prescribed time any employment contribution which he is liable under this Part to pay, he shall be guilty of an offence.

(b) If any employer deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, the employer shall be guilty of an offence.

(c) If any employer makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under this Part to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, the employer shall be guilty of an offence.

(d) A person who is guilty of an offence under this subsection shall be liable—

(i) on summary conviction to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(3) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court—

(a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or

(b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £2,000 or of imprisonment for terms not exceeding two years or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued.

[1966 OI, s. 37]

(4) (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under this Part to pay, he shall be liable to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the amount which he has failed to pay and, on such a conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the three years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.

(b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid employment contributions, and the insured person's portion of those employment contributions shall not be recoverable by the employer from the insured person.

[1966 OI, s. 37]

(5) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Social Insurance Fund or the Occupational Injuries Fund.

[1976 (No. 2), s. 6]

(6) Where an offence under this Part or under regulations made under this Part is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

(7) It shall be a good defence to a prosecution for an offence under subsection (6) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

(8) Any summons or other document required to be served for the purpose of proceedings under this Part on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.

General provisions as to prosecutions.

[1952, s. 53]

116.—(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.

[1976 (No. 2), ss. 5, 11]

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(5) In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person.

(6) Where in a prosecution for an offence under this Part, or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for benefit under this Part, and

(b) that as a result of that application benefit under this Part has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

Recovery of sums due to the Social Insurance Fund by civil proceedings.

[1952, s. 54; 1966 OI, s. 37]

117.—All sums due to the Social Insurance Fund or the Occupational Injuries Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent proceedings jurisdiction.

Application of Probation of Offenders Act, 1907.

[1952, s. 55]

118.—Where—

(a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and

(b) the court proposes to make an order under section 1 (1) of the Probation of Offenders Act, 1907 ,

the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.

Effect of decision.

[1952, s. 57; 1966 OI, s. 37]

119.—In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Social Insurance Fund or the Occupational Injuries Fund, a decision on any question relevant to the proceedings given in accordance with this Part or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Part and Part VIII , and

(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Winding-up and bankruptcy.

[1976 (No. 2), s. 7]

120.—(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.

(2) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution shall not form part of the assets of a limited company in a winding-up under the Companies Act, 1963 , and in such a winding-up a sum equal in amount to the sum so deducted shall, notwithstanding anything in that Act, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of that Act.

(3) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution before the date of the order of adjudication or the filing of the petition for arrangement (as the case may be) shall not form part of the property of the bankrupt or arranging debtor so as to be included among the debts which under section 4 of the Act of 1889 are in the distribution of such property to be paid in priority to all other debts, but shall, before such distribution and notwithstanding anything in the Act of 1889, be paid to the Social Insurance Fund in priority to the debts specified in section 4 of the Act of 1889.

(4) Formal proof of a debt to which priority is given by this section shall not be required except where required by or under the Act of 1889 or the Companies Act, 1963 .

[1952, s. 58 (3); 1972, s. 10]

(5) There shall be included among the debts which under section 4 of the Act of 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all employment contributions payable by the bankrupt or arranging debtor during the twelve months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.

Married women.

[1952, s. 59]

121.—A married woman shall, in respect of employment contributions—

(a) be capable of suing and being sued (including suing and being sued under section 132 ), and

(b) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were unmarried.

Finance

Social Insurance Fund.

[1952, s. 39]

122.—(1) The Social Insurance Fund (in this section and in section 123 referred to as the Fund) established under the Social Welfare Act, 1952 , shall continue in being and to comprise a current account and an investment account.

(2) The Minister shall manage and control the current account of the Fund.

(3) The Minister for Finance shall manage and control the investment account of the Fund.

(4) Save where otherwise specifically provided—

(a) sums payable into the Fund shall be paid into the current account of the Fund, and

(b) sums payable out of the Fund shall be paid out of that account.

(5) Moneys standing to the credit of the current account of the Fund and not required to meet current expenditure shall be transferred to the investment account of the Fund.

(6) Whenever the moneys in the current account of the Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of the Fund such sums as may be necessary for the purpose of discharging those liabilities.

(7) Subject to subsection (6), moneys standing to the credit of the investment account of the Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.

(8) An investment under subsection (7) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.

(9) (a) The amount by which the income of the Fund for any financial year is less than its expenditure shall be paid into the Fund out of moneys provided by the Oireachtas.

(b) The income and expenditure of the Fund for a financial year shall be determined for the purposes of this subsection by the Minister on such basis as may be agreed upon between him and the Minister for Finance.

(10) Any sum payable into the Fund under subsection (9) (a) shall be paid in such manner and at such times as the Minister for Finance may determine.

(11) Accounts of the Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.

Payments from Fund for acquisition of land, etc.

[1950, s. 21; 1952, s. 68]

123.—(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.

(2) A payment shall not be made under subsection (1) save with the consent of the Minister for Finance.

(3) There shall be an investment return in respect of payments made out of the Fund under subsection (1) and such return shall be in the form of contributions to the Fund in respect of the payments made out of the Fund.

(4) The contributions to be made under subsection (3) shall be at rates to be agreed upon from time to time between the Minister and the Minister for Finance and shall be paid into the Fund out of moneys provided by the Oireachtas.

(5) The Minister may dispose of any lands, premises, furniture or equipment which he has acquired, constructed or reconstructed under this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

(6) A disposal shall not be effected under subsection (5) save with the consent of the Minister for Finance.

CHAPTER 18

Miscellaneous Provisions

Prevention of double increase for prescribed relative.

[1968 MP, s. 9; 1972, s. 8; 1980, ss. 3, 9]

124.—Notwithstanding sections 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a), 195 (2), 196 (2) and 197 (2), only one increase of pension, benefit or allowance shall be payable in respect of a prescribed relative.

Payments after death.

[1974 (No. 2), s. 10]

125.—(1) In this section “benefit” means—

(a) disability benefit (including any amount payable by way of pay-related benefit where appropriate),

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit (including any amount payable by way of pay-related benefit where appropriate),

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance under Part III ,

(h) pension under Chapter 3 of Part III .

(2) Notwithstanding any provisions to the contrary in this Part or Part III or regulations made thereunder—

(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by the adult dependant of benefit in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and

(b) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87 or death benefit under section 50 or 52 shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) except and to the extent that regulations otherwise provide.

Provisions as to maintenance.

[1952, s. 36]

126.—Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part to be wholly or mainly maintaining another person.

Free certificates.

[1952, s. 38]

127.—(1) The Minister may arrange for the issue for the purposes of this Part of medical certificates or certificates of expected or actual confinement free of charge.

(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

Claims.

[1952, s. 29]

128.—(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.

(2) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.

(3) For the purposes of this Part, any claim made by post shall be deemed to have been made on the day on which it was posted.

Absence from the State or imprisonment.

[1952, s. 31; 1966 OI, s. 1]

129.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that person—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 21 (1), 32 (1), 44 , 81 (1), 86 (1) or 91 (1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(4) Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.

[1970, s. 12]

(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 83 as periods of retirement.

Overlapping provisions, etc.

[1952, ss. 32, 75; 1966 MP, s. 7; 1966 OI, s. 37; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]

130.—(1) Regulations may, in respect of cases in which—

(a) more than one benefit, or

(b) more than one assistance (other than supplementary welfare allowance), or

(c) any combination of the following—

(i) any benefit,

(ii) any assistance (other than supplementary welfare allowance), and

(iii) children's allowance

is payable to a person, provide for adjusting any such benefit, assistance or allowance (including disallowing payment thereof either wholly or partly) that may be payable to such person or for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received, or of sums payable by way of widow's (contributory) pension in respect of periods for which the person elects to receive widow's (non-contributory) pension.

(2) For the purposes of subsection (1), an increase of benefit may be regarded as a separate benefit, and any benefit, pension, allowance or assistance, as the case may be, payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to that person.

[ S.I. No. 168 of 1977 ]

(3) Regulations may provide—

(a) for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which benefit was not received, and

(b) for recoupment from moneys provided by the Oireachtas to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which unemployment assistance, old age or blind pension, or children's allowance was not received.

Adjusting payments of benefits.

[1952, s. 32]

131.—(1) Regulations may, in respect of cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—

(a) adjusting conditions for receipt of benefit,

(b) suspending the payment of benefit,

(c) reducing rates of benefit, or

(d) paying benefit otherwise than to that person

[1970, s. 13]

(2) Regulations may provide for adjusting any disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.

(3) Regulations may, in respect of cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—

(a) for adjusting disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or

(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.

(4) In subsection (3), the reference to a person being or having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.

[1960 AM, s. 19]

(5) Where a person who has attained pensionable age and is in receipt of a pension under Chapter 3 of Part III is awarded an old age (contributory) pension or a widow's (contributory) pension, any payment on foot of such first-mentioned pension in respect of a period in respect of which the old age (contributory) pension or the widow's (contributory) pension, as the case may be, is payable shall be treated as a payment on account of the old age (contributory) pension or the widow's (contributory) pension, as the case may be.

(6) Where a person who is in receipt of a pension under Chapter 3 of Part III is a person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1), any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension is so increased shall be treated as a payment on account of the old age (contributory) pension.

Loss of benefit because of employer's default.

[1952, s. 35]

132.—(1) Where an employer has failed or neglected—

(a) to pay any employment contribution which under this Part he is liable to pay in respect of an employed contributor in his employment, or

(b) to comply, in relation to any such employed contributor, with any requirement of this Part or regulations which relates to the payment or collection of employment contributions,

and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.

(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.

[1971, s. 9]

(3) Where, by virtue of regulations made under section 14

(a) employment contributions which have not been paid have been treated as paid, or

(b) employment contributions which have been paid late have been treated as paid on the due dates,

and by reason thereof benefit which would otherwise have been lost was paid, there shall be due to the Social Insurance Fund by the employer the amount of the benefit which would have been so lost.

(4) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Part in respect of the same failure or neglect.

[1966 MP, s. 8]

(5) In ascertaining, for the purposes of this section, the amount of benefit lost by an employed contributor or other person by reason of a failure or neglect referred to in subsection (1), account shall not be taken of any assistance paid to such contributor or other person during a period when he was losing benefit by reason of such failure or neglect.

(6) The amount of assistance paid to an employed contributor or other person during a period when he was losing benefit by reason of a failure or neglect referred to in subsection (1) may be recovered by the Minister—

(a) in case the full amount of the benefit which was lost has been recovered by such contributor or other person, from such contributor or other person—

(i) by deduction from any benefit or assistance to which such contributor or other person may be or become entitled, or

(ii) as a simple contract debt in any court of competent jurisdiction, or

(b) in any other case, from the employer guilty of the failure or neglect as a simple contract debt in any court of competent jurisdiction,

and, if the amount of the assistance is recovered by the Minister from the employer, the sum recoverable by such contributor

or other person from the employer under this section shall be reduced by the amount of such assistance.

(7) Any sums recovered by the Minister under subsection (6) shall be paid into the Exchequer.

(8) In this section “assistance” means an old age or blind pension, unemployment assistance or a widow's (non-contributory) pension; or an orphan's (non-contributory) pension under Part III .

Continuity of insurance under old codes.

[1952, s. 66]

133.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before 5th January, 1953, under the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, (or any scheme under that Act) or the Widows' and Orphans' Pensions Act, 1935 , may continue to be insured under the provisions of this Part or otherwise to preserve the rights conferred on them by virtue of those enactments.

(2) Regulations under subsection (1) shall, in such manner and subject to such conditions as may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under this Part to take account of contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder.

[1952, s. 69]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act, 1952 , including, in particular, regulations providing—

(a) for modifying, as respects the period before 5th January, 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

PART III

SOCIAL ASSISTANCE

CHAPTER 1

Preliminary

Description of assistance.

[1908 OAP, s. 1; 1933 UA, s. 24;1952, s. 61; 1970, s. 22; 1973, s. 8; 1974 (No. 2), ss. 8, 9]

134.—(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—

(a) unemployment assistance,

(b) old age pension,

(c) blind pension,

(d) widow's (non-contributory) pension,

(e) orphan's (non-contributory) pension,

(f) deserted wife's allowance,

(g) prisoner's wife's allowance,

(h) social assistance allowance,

(i) single woman's allowance,

(j) supplementary welfare allowance.

(2) Assistance, except supplementary welfare allowance, shall be paid out of moneys provided by the Oireachtas.

CHAPTER 2

Unemployment Assistance

Interpretation.

[1935 UA, s. 4; 1952, s. 98; 1970, s. 25]

135.—(1) For the purposes of this Chapter—

references to dependants shall, in relation to any person, be construed as references to adult dependants or to qualified children who normally reside with that person, as the case may require;

[1935 UA, s. 2]

“day” means a period of 24 hours from midnight to midnight or such other period of 24 hours as may, for any general or special purpose, be prescribed;

[1940 UA, s. 1]

“hereditaments” includes all lands, tenements, buildings, and other properties, corporeal or incorporeal, which are required by the Valuation Acts to be valued under those Acts, and also includes a part of any such property which is separately valued under those Acts;

“recipient” means a person entitled to unemployment assistance.

[1948, s. 31]

(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 20 weeks shall be treated as one continuous period of unemployment, and “continuously unemployed” shall be construed accordingly.

[1933 UA, s. 2]

(3) Subject to section 156 , each of the following shall be an urban area for the purposes of this Chapter—

(a) every county borough,

(b) the borough of Dun Laoghaire,

(c) every urban district the population of which (as shown by the census of population which is for the time being the latest such census) exceeds 7,000.

[1952, s. 100]

(4) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall be deemed to be resident or ordinarily resident in such urban area.

[1933 UA, s. 4]

(5) A person shall not be deemed to be unemployed within the meaning of this Chapter—

(a) on any day on which he works for wages or other remuneration, whether paid in money or in goods or otherwise howsoever, nor

(b) during any period which is in respect of such person an employment period within the meaning of this section.

(6) The Minister may by regulations made by him under this Chapter prescribe, either generally or in respect of any particular class or classes of persons or any particular district or districts, any period to be an employment period and accordingly no person of such class or resident in such district shall during such employment period be regarded as unemployed within the meaning of this Chapter.

Qualification certificates.

[1933 UA, s. 10]

136.—(1) Any person may, subject to this section, apply in the prescribed manner for a qualification certificate.

(2) Where an application for a qualification certificate is duly made by a person and he shows in the prescribed manner that he fulfils the conditions, so far as they are applicable, stated in subsection (3), he shall be entitled to receive a certificate (in this Chapter referred to as a qualification certificate) certifying that he fulfils those conditions.

[1933 UA, s. 10; 1980, s. 8]

(3) The conditions referred to in subsection (2) as the conditions to be fulfilled by a person applying for a qualification certificate are—

(a) that he is at the date of the application resident in the State;

(b) that he has attained the age of 18 years and has not attained pensionable age;

(c) that his means, calculated in accordance with this Chapter, do not exceed an amount per annum equal to 52 times—

(i) the amount of unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to a person who has an adult dependant and is resident in an urban area, and

(ii) in case he has a qualified child or qualified children so much of the unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to the person as would be payable in respect of that child or those children, as the case may be; and

(d) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants.

[1933 UA, s. 10]

(4) Every qualification certificate shall be in the prescribed form and shall contain a statement of the weekly rate corresponding to the annual rate calculated in accordance with this Chapter of the means of the person to whom such certificate relates.

Right to assistance.

[1933 UA, S. 14]

137.—(1) Any person who is the holder of a qualification certificate may, subject to this section, apply in the prescribed manner for unemployment assistance.

(2) Where an application for unemployment assistance is duly made by a person for the time being entitled under subsection (1) to make such application and the person delivers to a deciding officer his qualification certificate and satisfies such officer in the prescribed manner that he complies with the statutory conditions, the person shall, so long as he continues to comply with the statutory conditions and is not disqualified under this Chapter for receiving unemployment assistance, be entitled, subject to the provisions of this Chapter, to receive payments (in this Chapter referred to as unemployment assistance) at such times, in such manner and at such rate as is or are or shall be appointed by or under this Chapter.

(3) When a person is for the time being in receipt of unemployment assistance, his qualification certificate shall be retained at the prescribed place, during the prescribed time and in the prescribed manner.

[1974 (No. 2), s. 10]

(4) Subject to section 125 , payment of unemployment assistance shall continue to be made for a period of 6 weeks after the date of death of a recipient who had an adult dependant.

Statutory conditions.

[1933 UA, s. 15; 1935 UA, s. 8; 1978, s. 5]

138.—(1) The following conditions are referred to in this Chapter as the statutory conditions and shall, subject to this Chapter (including this section) be the conditions to be complied with by the holder of a qualification certificate in order to entitle him to receive unemployment assistance—

(a) that he has made application for unemployment assistance in the prescribed manner and proves in the prescribed manner that since the date of his application for unemployment assistance he has been continuously unemployed;

(b) that he is capable of work and is available for and genuinely seeking but is unable to obtain employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances;

(c) that since his qualification certificate was issued to him he has not done anything and no change of circumstances or other event has occurred which would invalidate such certificate or would disentitle him to hold such certificate;

(d) if he has been duly required by a deciding officer to attend a course of instruction appointed or approved by regulations made under this Chapter, that he has duly attended the course in accordance with the requirement.

[1962 MP, s. 6]

(2) A person shall not be deemed to have failed to comply with the conditions set out at subsection (1) (a) and subsection (1) (b) by reason only of the fact that he is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) whether or not the course is a course in respect of which he is in receipt of a monetary training allowance paid by the organisation.

[1933 UA, s. 15]

(3) A person shall not be deemed to have failed to comply with the statutory conditions by reason only that he has declined an offer of employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

Rates of assistance.

[1933 UA, s. 17; 1980, s. 6]

139.—Subject to section 140 , the rate (in this Chapter referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule , increased by—

(a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and

(b) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

Effect of means on rates.

[1933 UA, s. 17; 1966 MP, s. 3]

140.—(1) Whenever a person is entitled under this Chapter to receive unemployment assistance, such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—

(a) if he has no means, at the scheduled rate, and

(b) if he has means, at a rate equal to the scheduled rate reduced by 5p per week for every 5p or part of 5pof his means.

(2) Whenever in the calculation of the rate at which unemployment assistance is payable to a person, the weekly amount by which the scheduled rate is to be reduced is equal to or exceeds the weekly amount of the scheduled rate, no unemployment assistance shall be payable to the person.

(3) The means of any person for the purpose of this section shall be taken to be the means of such person as stated in the qualification certificate for the time being held by him.

Revocation and amendment of qualification certificates.

[1935 UA, s. 7; 1976 (No.2), s. 9]

141.—(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in the certificate or his means have increased in amount beyond the figure specified in the certificate as his means, the following provisions shall have effect—

(a) he shall within 7 days after such cesser or the date from which his means became so increased, inform a deciding officer of such cesser and the reason therefor or the increase (as the case may be), and

(b) if he fails or neglects to comply with the provisions of paragraph (a) he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(2) Whenever it is determined that any person was not entitled to receive his qualification certificate or hold a qualification certificate of the kind held by him, the holder of the certificate shall on demand by a deciding officer forthwith deliver the certificate to such officer.

(3) Every person who on demand being made to him by a deciding officer under subsection (2) for delivery of his qualification certificate fails to deliver forthwith the certificate to such officer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(4) Where a person is convicted of an offence under subsection (3) the court by which he is convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the qualification certificate in respect of which such offence was committed to a deciding officer.

Disqualifications.

[1933 UA, s. 16 (6); 1935 UA, s.9; 1952, Sch. 6; 1977, s. 7 (2)]

142.—(1) A person shall be disqualified for receiving unemployment assistance—

(a) while he is resident, whether temporarily or permanently, outside the State, or

(b) while he is undergoing penal servitude, imprisonment or detention in legal custody, or

(c) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or

(d) while he is in receipt of or entitled to a blind pension under section 175 , or any disability benefit, maternity allowance or unemployment benefit under Part II .

[1948, s. 35; 1967 MP, s. 15]

(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Chapter from the date when he so lost or left his employment or so refused or failed.

[1933 UA, s. 16 (5); 1967 MP, s. 15 (a)]

(3) (a) A person who loses employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop or other premises at which he was employed, shall be disqualified for receiving unemployment assistance so long as the stoppage of work continues, except in the case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation.

(b) Paragraph (a) shall not apply to a person who—

(i) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(ii) does not belong to a grade or class of workers of which immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(4) Where separate branches of work which are commonly carried on as separate businesses in separate premises are in any case carried on in separate departments of the same premises, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory or workshop or separate premises, as the case may be.

[1935 UA, s. 10]

(5) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

Operative date of certain decisions.

[1965 MP, s. 16]

143.—(1) Where a person applies in the prescribed manner for a qualification certificate and it is decided by a deciding officer or an appeals officer that the person is entitled to hold a qualification certificate—

(a) the decision shall, for the purposes of this Chapter, be deemed to have had effect as on and from the date of the making of the application or such subsequent date as may be appropriate, and

(b) the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision came into effect.

(2) The application for unemployment assistance of a person who becomes entitled to a qualification certificate may be deemed to have been made on the date from which the decision in relation to the application of the person for the certificate came into effect or such subsequent date as may be appropriate.

[1964 MP, s. 11]

(3) Where, as a result of a reversal or revision of a decision, a person becomes entitled to hold a qualification certificate under this Chapter, the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(4) Where, as a result of a reversal or revision of a decision, a qualification certificate issued to a person under this Chapter is revoked, the person shall, for the purposes of this Chapter, be deemed not to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(5) Where, as a result of a reversal or revision of a decision, the statement of the weekly rate of means contained in a qualification certificate issued to a person under this Chapter, is varied, the person shall, for the purposes of this Chapter, be deemed to have been the holder of such certificate as he is entitled to hold under the decision as so reversed or revised as on and from the date on which the decision as so reversed or revised came into effect.

(6) The application for unemployment assistance of a person who becomes entitled to a qualification certificate as a result of a reversal or revision of a decision may be deemed to have been made on the date from which the decision as so reversed or revised came into effect or on any subsequent date.

(7) In this section “decision” means a decision of a deciding officer or an appeals officer in relation to a qualification certificate under this Chapter.

[1935 UA, s. 12]

(8) Where it has been determined that the holder of a qualification certificate has not complied with the statutory condition contained in section 138 (1) (b) any subsequent application for unemployment assistance made by him before the expiration of 6 weeks from the date on which he so failed to comply with such statutory condition need not be determined under section 296 .

False statements and offences.

[1933 UA, s. 29; 1935 UA, s. 14; 1976 (No. 2), s. 9]

144.—(1) If, for the purpose of obtaining for himself or any other person a qualification certificate or any payment of unemployment assistance or of avoiding the making by himself or any other person of any repayment under this Chapter, any person makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or conceals any material fact, he shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1938 UA, s. 8; 1976 (No. 2), s. 9]

(2) Where a person (in this section referred to as the employer) aids, abets, counsels or procures a person (in this section referred to as the employee) employed by him to commit an offence under subsection (1) or conspires with the employee for the commission by the employee of an offence under that subsection, the employer shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1961 MP, ss. 10, 14]

(3) A person convicted of an offence under this section shall—

(a) if the offence is in relation to the payment or repayment of unemployment assistance, be disqualified for the receipt of unemployment assistance for a period of six months immediately following the date of the conviction, and

(b) if the offence is in relation to a qualification certificate, be disqualified for obtaining or holding a qualification certificate for a period of six months immediately following the date of the conviction.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Prosecutions.

[1933 UA, s. 30; 1976 (No. 2), ss. 5, 11]

145.—(1) Proceedings for an offence under any section of this Chapter shall not be instituted except by or with the consent of the Minister.

(2) A prosecution for an offence under any section of this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

[1935 UA, s. 18]

(4) The wife or husband of a person charged with an offence under this Chapter may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924 , be called as a witness either for the prosecution or the defence and without the consent of the person charged.

[1976 (No. 2), s.11]

(5) Where, in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for unemployment assistance, and

(b) that as a result of that application unemployment assistance has been paid to any person (whether or not such assistance was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

Calculation of means.

[1933 UA, s. 13]

146.—(1) In the calculation of the means of a person for the purpose of this Chapter, the following things and no others shall be deemed to constitute the means of the person—

(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income which he may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any income or money coming within any other paragraph of this subsection,

(ii) all moneys earned by him in respect of current personal employment under a contract of service,

(iii) any moneys received by way of unemployment assistance under this Chapter,

[ S.I. No. 168 of 1977 ]

(iv) any moneys received by way of supplementary welfare allowance,

[1952, Sch. 6; 1944 CA, s. 15; 1973, s. 18]

(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit or children's allowance,

[1960 MP, s. 10]

(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools.

(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

[1968 MP, s. 13]

(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from 23rd April, 1916, to 30th September 1923,

[1962 MP, s. 7]

(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(x) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule , under a scheme that is in the opinion of the Minister, charitable in character and purpose,

[1964 MP, s. 12; 1980, s. 7]

(xi) where he is engaged on a seasonal basis in the occupation of fishing one-half of so much of the income derived there from as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

[1967 MP, s. 13]

(xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence;

[1933 UA, s. 13; 1979, s. 18]

(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from the use of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him;

(d) all income and the yearly value ascertained in the prescribed manner of all property of which he has directly or indirectly deprived himself in order to qualify himself for the receipt of unemployment assistance;

(e) the yearly value of any benefit or privilege enjoyed by him.

(2) For the purposes of subsection (1) (b), the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

Calculation of means—alternative method.

[1965 MP, ss. 8, 9; 1979, s. 4]

147.—(1) Subject to subsection (5), the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 146 (1) (c), be deemed to be an amount calculated—

(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of £1 of the valuation,

(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of £1 of the valuation,

(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of £1 of the valuation,

[1977, s. 5]

(d) in accordance with the provisions of Regulation 3 (3) of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934) in any case where the valuation exceeds £20.

[1976, s. 4]

(2) (a) The Government may from time to time by order vary a rate specified in subsection (1) or a rateable valuation so specified in relation to such a rate, and may by order provide for a further rate or rates in addition to those provided for in that subsection and specify a further valuation or further valuations in relation to such rate or rates.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(3) (a) The Government may from time to time by order specify areas for the purposes of subsection (1).

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(4) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of any thing previously done thereunder.

[1979, s. 5]

(5) Notwithstanding subsections (1) to (4), a person residing in an area standing specified in an order under subsection (3) may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 146 (1) (c), in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934, (S.R. & O., No. 34 of 1934).

Regulations—general.

[1933 UA, s. 7]

148.—(1) The Minister may make regulations prescribing any matter or thing which is expressly authorised by this Chapter to be prescribed by regulations made by him under this Chapter.

(2) Regulations made by the Minister under this section prescribing a form of application for any purpose under this Chapter may require that all or any of the statements made by the applicant in such form be verified by statutory declaration.

[1933 UA, s. 8]

(3) Where any regulations made under this section require all or any of the statements made by an applicant in a form of application prescribed by such regulations for any purpose under this Chapter to be verified by statutory declaration, such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister authorised by the Minister in that behalf.

[1952, s. 101]

(4) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 295 , 296 , 297 , 298 , 299 and 300 to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .

Regulations—specific.

[1935 UA, s. 17]

149.—The Minister may—

(a) by regulations provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of such applicant;

[1933 UA, s. 22]

(b) by regulations make provision after consultation with the Minister for Education for the attendance of unemployed persons at courses of instruction in pursuance of requisitions by deciding officers and may by such regulations appoint or approve of courses of instruction for that purpose;

[1940 UA, s. 6]

(c) prescribe either generally or in respect of any particular class or classes of persons or any particular district or districts that, where a person is employed to work continuously from a time on one day until a time on the next following day, that person shall be regarded, for the purposes of this Chapter as being, by virtue of such employment, employed only on such one of those days as shall be prescribed.

Payment of unemployment assistance.

[1933 UA. s. 19; 1952, s. 96]

150.—(1) The following provisions shall have effect in relation to the payment of unemployment assistance—

(a) no unemployment assistance shall be payable in respect of the first 3 days of continuous unemployment in any continuous period of unemployment;

(b) no unemployment assistance shall be paid for any period less than one day;

(c) for the purposes of this section, no time prior to the relevant application for unemployment assistance shall be reckoned as, or as part of, a period of unemployment;

(d) no time during which a person is disqualified for receiving unemployment assistance shall be reckoned in the computation of any period of unemployment of such person;

(e) subject to the provisions of this Chapter (including this section), unemployment assistance shall be paid at the prescribed times and in the prescribed manner.

[1960 MP, s. 11; 1974 (No. 2), s. 25]

(2) Subsection (1) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 20 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

(a) by reason of having, by virtue of section 34 (1), exhausted his title to such benefit, or

(b) if the person is over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 30 (1) (b).

Overpayments.

[1933 UA, s 28]

151.—(1) Every payment of unemployment assistance received by any person while he was disqualified for receiving unemployment assistance or the statutory conditions were not complied with by him or which he was otherwise disentitled to receive shall be repayable by such person to the Minister on demand made in that behalf by a deciding officer and, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of unemployment assistance to which such person subsequently becomes entitled.

(2) Every sum repaid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Unemployment assistance granted to persons in receipt of supplementary welfare allowance.

[1935 UA, s. 16; 1953 HA, s. 69; S.I. No. 168 of 1977 ]

152.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to unemployment assistance, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of unemployment assistance, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of unemployment assistance subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to the health board the amount so deducted.

Payments to Minister by local authorities.

[1933 UA, s. 26; 1938 UA, s. 6; 1940 UA, s. 2]

153.—(1) In every financial year there shall be paid to the Minister, in such manner as he may direct, the following sums—

(a) by the corporation of every county borough and of the borough of Dún Laoghaire, a sum equal to one-sixth of 49p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such county borough or the borough of Dún Laoghaire, as the case may be;

(b) by the corporation or council, as the case may be, of every urban area (other than an urban area which is a county borough or the borough of Dún Laoghaire) a sum equal to one quarter of 15p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such urban area.

[1940 UA, s. 2; 1971 LG, s. 1]

(2) (a) In subsection (1) “rateable value” means in relation to any urban area the aggregate amount of the valuations under the Valuation Acts of all hereditaments situate in that urban area in respect of which any rate is payable or, in the case of an unoccupied hereditament, would be payable if the hereditament were occupied, whether such rate is payable to the corporation or the council of the said urban area or to some other authority having power by statute to make and levy rates, and whether such rate is, in the case of any particular hereditament, payable on the valuation thereof under the said Acts or on a fraction of that valuation.

[ S.I. No. 215 of 1974 ]

(b) Whenever the rateable value of an urban area at the beginning of a financial year is being calculated for the purposes of this section, regard shall be had to all appeals under the Valuation Acts determined on or before the 31st day of March in the next following financial year and no regard shall be had to any such appeal determined after that date.

[ S.I. No. 215 of 1974 ]

(3) It shall be the duty of every corporation or council, as the case may be, by whom money is payable to the Minister under this section in a local financial year to pay such money to the Minister in four equal instalments, on 31st March, 30th June, 30th September, and 31st December in such year.

(4) Any money payable to the Minister under this section shall be raised by means of the municipal rate.

[1933 UA, s. 26]

(5) Where, under this section, any money is due and payable to the Minister by a local authority, the amount thereof may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

[1933 UA, s. 27]

(6) Any moneys transferred or paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Certificate of valuation.

[1940 UA, s. 5]

154.—(1) The Commissioner of Valuation shall, whenever so requested by the Minister, furnish to the Minister a certificate stating, with due regard to the provisions of this Chapter, the rateable value for the purposes of section 153 at the beginning of any particular financial year specified in such request of any particular urban area so specified.

(2) A certificate furnished by the Commissioner of Valuation to the Minister in pursuance of this section shall be conclusive evidence for the purposes of this Chapter of the rateable value of the urban area to which such certificate relates at the beginning of the financial year specified in that behalf in such certificate.

[1960 MP, s. 12]

(3) Where the Commissioner of Valuation is satisfied that any certificate furnished by him under this section or amended by him under this subsection is erroneous, by reason of a mistake in relation to any matter of law or fact to which regard was had by the Commissioner in the drawing up of the certificate, or in the light of any matter of fact which has come to his notice since the furnishing of the certificate, the Commissioner may amend the certificate for the purpose of correcting the error therein and subsection (2) shall have effect in relation to a certificate amended under this subsection as if the references therein to a certificate were references to a certificate amended under this subsection.

Extension of meaning of “urban area”.

[1938 UA, s. 3; S.I. No. 215 of 1974 ]

155.—(1) The Minister may, whenever and so often as he thinks fit, by order, made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of any urban district the population of which (as shown by the census of population which is for the time being the latest such census) does not exceed 7,000, direct that such urban district shall be an urban area on the 1st day of January next after the date of such order for the purposes of this Chapter, and upon such order being so made such urban district shall be and continue to be an urban area for those purposes until otherwise provided by an order under subsection (2).

(2) Whenever the Minister has made an order under subsection (1) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of such urban district, direct that such urban district shall on the 1st day of January next after the date of such order cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

Date of operation of census.

[1938 UA, s. 2; S.I. No. 215 of 1974 ]

156.—(1) For the purpose of determining the census of population which is the latest such census for the purposes of sections 135 (3) (c) and 155 the Minister shall, whenever a census of population has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for those pur poses, but not further or otherwise, to have been taken on the date of publication so certified in respect thereof.

(2) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census to exceed 7,000 does not exceed 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) cease on the said 1st day of January to be an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

(3) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census not to exceed 7,000 exceeds 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) become on the said 1st day of January an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue not to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, become an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall become on the said 1st day of January an urban area for those purposes.

CHAPTER 3

Old Age and Blind Pensions (Non-Contributory)

Old Age Pension

Interpretation.

[1974 (No. 1), s. 6]

157.—For the purposes of this Chapter—

“qualified child” in relation to a claimant or pensioner means—

(a) a qualified child, as defined in section 2 (1), who normally resides with the claimant or pensioner, or

(b) where the claimant or pensioner is a woman who is not a widow, a qualified child, as so defined, who normally resides with the husband of the claimant or pensioner or with the head of the household in which she resides, or

(c) where the claimant or pensioner is a widow—

(i) a qualified child, as so defined, or

(ii) a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child, as so defined,

who normally resides with her;

[1952, s. 77]

“weekly means” shall be the yearly means divided by 52.

Right to pension.

[1908 OAP, s. 1]

158.—(1) Every person in whose case the conditions laid down by this Chapter for the receipt of an old age pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of the pension shall continue to be made for a period of 6 weeks after the date of death of a pensioner who had an increase under section 162 (1) (d).

Statutory conditions.

[1908 OAP, s. 2; 1976 (No. 2), s. 13; 1977, s. 13; 1978, s. 3]

159.—(1) The statutory conditions for the receipt of an old age pension by any person are—

(a) the person must have attained pensionable age;

(b) the person must satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years; and

[1924 OAP, s. 8; 1980, s. 3]

(c) the person must satisfy the pension authorities that his means as calculated in accordance with the Rules contained in the Third Schedule do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 161 .

[1932 OAP, s. 2]

(2) In computing for the purposes of the statutory condition imposed by subsection (1) (b) the period of residence of any person in the State, any temporary absence from the State not exceeding 6 months in such period and any residence in the late United Kingdom of Great Britain and Ireland in such period before 6th December, 1922, and any absence from the State in such period during which such person has maintained or assisted in maintaining any dependant in the State, shall be reckoned in and form part of such period.

[1952, s. 80]

(3) Where a woman was, immediately before she attained pensionable age, entitled to a widow's (non-contributory) pension, it shall not be necessary for the statutory condition imposed by subsection (1) (b) to be satisfied in her case.

Special conditions for receipt of pension.

[1966 MP, s. 13; 1974 (No. 2), s. 23]

160.—Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 81 (1) and would but for section 163 (4), (5) and (6) be qualified for the receipt of an old age pension—

(a) the person may, notwithstanding anything contained in the said section 163 (4), (5) and (6), be paid the old age pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the old age pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

Rates of pension and increases for child dependants.

[1952, s. 77; 1980, s. 3]

161.—(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) The pension shall be payable—

(a) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(b) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

Increases for incapacitated and married pensioners.

[1980, s. 3]

162.—(1) The weekly rate of old age pension payable in accordance with section 161 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed relative of the pensioner, and

(iii) such conditions as may be prescribed are fulfilled, and

[1977, s. 2]

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

[1972, s. 2; 1979, s. 2]

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the pensioner has attained the age of 80 years, and

(d) by the amount calculated in accordance with Part III of the Fourth Schedule where the pensioner is one of a married couple—

(i) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of any benefit, pension or allowance under Part II or this Part, or

(ii) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of any benefit, pension or allowance under Part II or this Part.

[1969 MP, s. 16]

(2) An application for an increase under subsection (1) (a) shall be decided by a deciding officer.

Disqualifications.

[1911 OAP, s. 5; 1932 OAP, s. 4; 1960 MP, s. 7]

163.—(1) A sum shall not be paid on account of an old age pension—

(a) to any person while absent from the State, or

(b) if payment of the sum is not obtained within 3 months or, in any case where the Minister so thinks fit, 6 months after the date on which it has become payable.

[1960 MP, s. 6]

(2) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age pension, payment of the pension may, notwithstanding anything contained in subsection (1) (a) but subject to subsection (1).(b), be made until either—

(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

[1908 OAP, s. 3; 1919 OAP, s. 10]

(3) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age pension while he is detained in prison in consequence of the order.

[1960 AM, s. 20]

(4) Except as provided in section 160 , receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age pension.

(5) A person to whom benefit under section 87 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1) shall, except as provided in section 160 , be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age pension.

[1974 (No. 2), s. 22]

(6) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 160 , be disqualified for receiving old age pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

Decisions and appeals.

[1908 OAP, s. 7]

164.—(1) All claims for old age pensions and all questions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or continuing to receive a pension, shall be considered and determined as follows—

(a) any such claim or question shall stand referred to the appropriate local pension committee within the meaning of section 165 (1), and the committee shall (except in the case of a question which has been originated by the social welfare officer and on which the committee have already received his report), before considering the claim or question, refer it for report and inquiry to the social welfare officer;

(b) the appropriate social welfare officer appointed under section 165 (4) shall inquire into and report upon any claim or question so referred to him, and the local pension committee shall, on the receipt of the report of the said officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question.

(2) The decision of the local pension committee on any claim or question which is not referred to an appeals officer shall be final and conclusive.

[1978, s. 21]

(3) Notwithstanding anything in this Chapter, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer.

Local pension committees and social welfare officers.

[1908 OAP, ss. 8, 11 (2)]

165.—(1) The local pension committee shall be a committee appointed for every borough and urban district, having a population according to the last published census for the time being of 10,000 or over, and for every county (excluding the area of any such borough or district), by the council of the borough, district or county. The persons appointed to be members of a local pension committee need not be members of the council by which they are appointed.

(2) A local pension committee may appoint such and so many sub-committees, consisting either wholly or partly of the members of the committee as the committee think fit, and a local pension committee may delegate, either absolutely or under such conditions as they think fit, to any such sub-committee any powers and duties of the local pension committee under this Chapter.

(3) Any reference in this Chapter to pension authorities shall be construed as a reference to the social welfare officer, the local pension committee and the appeals officer, or to any one of them, as the case requires.

[1908 OAP, s. 8 (4); S.R. & O. No. 18 of 1947; 1960 MP, s. 24]

(4) Social welfare officers shall be appointed by the Minister and the Minister may appoint such number of those officers as he thinks fit to act for such areas as he directs.

Raising of questions.

[1911 OAP, s. 6]

166.—(1) An application may be made at any time to alter or revoke a provisional allowance of a claim for an old age pension, and the following questions may be raised at any time—

(a) whether at any time or during any period a person has been in receipt of old age pension when the statutory conditions were not fulfilled, or when he was disqualified for receiving the pension; and

(b) whether a person has been at any time or during any period in receipt of old age pension at a certain rate when his means exceeded the amount which justified the payment of a pension at that rate, and, if so, at what rate the pension (if any) should have been paid, and

(c) whether a person who is in receipt of old age pension at a certain rate is, having regard to his means, entitled to pension at a higher or a lower rate, and, if so, at what rate the pension (if any) should be paid.

(2) Section 164 shall apply to any such question or application as it applies to the questions mentioned in that section.

(3) Any such question may be raised notwithstanding that the deciding of the question involves a decision as to the correctness of a former decision of the local pension committee or the appeals officer, as the case may be, but, where by a later decision a former decision is reversed, a person who has received any sums on account of an old age pension in accordance with the former decision shall, not-withstanding anything in section 169 (3), in the absence of any fraud on his part, be entitled to retain any sum so received up to the date of the later decision which he would have been entitled to retain but for the reversal of the former decision.

(4) Where a question is raised as to the disqualification of a person to receive old age pension and it is alleged that the disqualification has arisen since the person has been in receipt of the pension, and that the disqualification is continuing at the time the question is raised, or, if it has ceased, has ceased less than three weeks before that time, the payment of the pension shall be discontinued, and no sum shall be paid to the pensioner on account of the pension after the date on which the question is raised: provided that, if the question is decided in favour of the pensioner, he shall be entitled to receive all sums which would have been payable to him if the question had not been raised.

(5) If the decision on any question involves the discontinuance of old age pension, or the reduction of the rate at which the pension is paid, or if, in a case where the payment of the pension has been discontinued on the raising of the question, the question is not decided in favour of the pensioner, the person in respect of whose pension the decision is given shall not be entitled to receive a pension or to receive a pension at a rate higher than that determined by the committee or the appeals officer, as the case may be, notwithstanding any change of circumstances, unless he makes a fresh claim for the purpose and the claim is allowed or, in a case where he alleges that he is entitled to receive a pension at a higher rate, raises a question for the purpose and the pension is allowed at a higher rate.

Commencement of pensions.

[1908 OAP, s. 5]

167.—(1) Old age pension, subject to any directions of the Minister in special cases, shall be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1919 OAP, s. 6]

(2) Subject to regulations under section 170 (4) where old age pension is first allowed, the pension shall commence to accrue, and where, by virtue of a decision on any question which has been raised, a pension becomes payable at an increased rate, the pension shall become payable at the increased rate, on the first Friday after the date on which the claim for the pension is received by the social welfare officer or on which the notice of the question is received by the said officer, as the case may be, or on the first Friday after the date on which the claimant or the pensioner first becomes entitled to the pension or on which the pension first becomes payable at the increased rate, whichever is the later, or, if the later of those two dates is a Friday, on that Friday.

(3) Where a public holiday within the meaning of the Holidays (Employees) Act, 1973 , falls on a Friday, the Minister may, if he thinks fit, direct that sums payable by way of old age pensions on that Friday shall be paid on some other day, whether earlier or later.

General provisions as to prosecutions.

[1960 MP, s. 20; 1976 (No. 2), ss. 5, 11]

168.—(1) Proceedings for an offence under this Chapter or under regulations made under this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for an offence under this Chapter or under regulations made under this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof.

(5) Where in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for old age pension, and

(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

Legal proceedings.

[1908 OAP, s. 9; 1960 MP, s. 22; 1976 (No. 2), ss. 9, 10]

169.—(1) Every person—

(a) who for the purpose of obtaining or continuing old age pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension, either for himself or for any other person, which is of an amount in excess of the amount appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any fact which is to his knowledge material, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is not entitled to receive or which is of an amount in excess of the amount which he is entitled to receive,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) shall be disqualified for receipt of old age pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.

[1908 OAP, s. 9]

(3) If it is found at any time that a person has been in receipt of old age pension while the statutory conditions were not fulfilled in his case or while he was disqualified for receiving the pension, he or, in the case of his death, his personal representative, shall be liable to repay to the Minister any sums paid to him in respect of the pension while the statutory conditions were not fulfilled or while he was disqualified for receiving the pension, and the amount of those sums may be recovered as a debt due to the State.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

[1911 OAP, s. 7]

(5) Subsection (3) shall apply, with the necessary modifications, to cases where an old age pension is received at a higher rate than that appropriate to the case as it applies to cases where a person has been in receipt of an old age pension while the statutory conditions were not fulfilled.

(6) For the purposes of subsections (3), (5), (7) and this subsection, any decision of the local pension committee under section 164 on any question which is not referred to an appeals officer and the decision of the said appeals officer on any question which is referred to him in accordance with section 298 shall be conclusive proof of any matters decided by the committee or the said officer. A copy of any decision of the local pension committee or an appeals officer, if authenticated as provided by regulations made for the purpose under section 170 , shall be received in evidence.

(7) Where any person who is in receipt of old age pension is liable to repay to the Minister any sums under subsection (3) in consequence of the finding of a local pension committee, or an appeals officer in the case of a question referred to him, the Minister shall be entitled, without prejudice to his powers under that subsection, to direct the deduction of those sums from any sums to which that person becomes entitled on account of old age pension, as provided by regulations made for the purpose under section 170 : provided that, in the case of a personal representative, the deduction shall only be made from any sums to which that person becomes entitled as a personal representative.

[1961 MP, s. 7]

(8) The power conferred on the Minister by subsection (7) may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to repay to the Minister as aforesaid, and any costs required by the order aforesaid to be paid to the Minister shall be deemed, for the purposes of the said subsection (7), to be sums which the person is liable to repay to the Minister under subsection (3).

[1960 MP, s. 21]

(9) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person old age pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1960 MP, s. 23]

(10) Any debt due to the State or the Minister under this Chapter in respect of payments of old age pensions to persons at times when they were not entitled to receive them or payments of pensions to persons of amounts in excess of the amounts which they were entitled to receive may, without prejudice to any other remedy, be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

Regulations.

[1908 OAP, s. 10]

170.—(1) The Minister, in conjunction with the Minister for Posts and Telegraphs (so far as relates to the Post Office), may make regulations for the purposes of this Chapter—

(a) specifying the evidence to be required as to the fulfilment of statutory conditions;

(b) specifying the manner in which claims to pensions may be made, and the procedure to be followed on the consideration and determination of claims and questions to be considered and determined by social welfare officers and local pension committees or by an appeals officer, and the mode in which any question may be raised as to the continuance, in the case of a pensioner, of the fulfilment of the statutory conditions, and as to the disqualification of a pensioner; and

(c) as to the number, quorum, term of office and proceedings generally of the local pension committee and the use by the committee, with or without payment, of any offices of a local authority, and the provision to be made for the immediate payment of any expenses of the committee which are ultimately to be paid by the Minister.

[1961 MP, s. 6]

(2) The regulations shall provide for enabling claimants for pensions to make their claims and obtain information as respects old age pensions under this Chapter through the Post Office, and for provisionally allowing claims to pensions before the date on which the claimant will become actually entitled to the pension, in such manner and subject to such conditions as may be laid down by the regulations, and for making the procedure for considering and determining on any claim for a pension or question with respect to an old age pension under this Chapter as simple as possible.

[1919 OAP, s. 7]

(3) Regulations may also be made for enabling a local pension committee to appoint a person to exercise on behalf of any claimant or pensioner who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or pensioner may be entitled under this Chapter and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or pensioner any sums payable by way of old age pension.

[1952, s. 84]

(4) Regulations may apply any of the provisions of or made under sections 112 , 113 , 128 , 297 , 298 , 299 and 300 to pensions under this Chapter, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .

Pensions of persons in certain mental institutions.

[1960 MP, s. 8]

171.—(1) Subject to subsection (2), the whole of any amounts payable on foot of old age pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 , or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

[1965 MP, s. 11; 1969 MP, s. 17]

(2) Where the old age pension of a person is appropriated under subsection(1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—

(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.

Notification of increase of means.

[1960 MP, s. 16]

172.—(1) Where—

(a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and

(b) (i) the income in cash of the person, or

(ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim, the person shall, before the expiration of the period of 3 months after the end of the month in which such increase occurred, give, or cause to be given, to a social welfare officer notification of the increase.

(2) A person who contravenes subsection (1) or, in case he is dead, his personal representative shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in section 166 (3), be liable to pay the Minister on demand—

(a) if, by reason of the contravention, the person was in receipt of old age pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and

(b) if, by reason of the contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.

(3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.

[1979, s. 27]

(4) Where a person has contravened subsection (1) and the Minister is satisfied that there was, in relation to the contravention, no fraudulent intent on the part of the person and that there are no significant resources available to that person, subsections (2) and (3) shall not apply in relation to the increase referred to in subsection (1).

Furnishing of information to social welfare officers.

[1960 MP, s. 17]

173.—(1) A person who is in receipt of old age pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.

(2) Where a person who is in receipt of old age pension fails to comply with a request under subsection (1), the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and

(a) the suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—

(i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,

(ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and

(iii) that, if the authorisation referred to in subsection (1) (b) was requested, such authorisation has been given,

(b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c), such payment (if any) as may be made to him under that paragraph, and

(c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.

Furnishing of information to social welfare officers by personal representatives.

[1960 MP, s. 18; 1976 (No. 2), s. 9]

174.—(1) The personal representative of a person who at any time was in receipt of old age pension, shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.

(2) A person who fails to comply with a request under subsection (1) shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1960 MP, s. 19]

(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person inform the Minister, by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.

(4) A personal representative who contravenes subsection (3) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or

(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

Blind Pension

Right to pension and statutory conditions.

[1976 (No. 2), s. 13; 1980, s. 4]

175.—(1) Every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as a blind pension) as under this Chapter he would be entitled to receive if he had attained pensionable age, and the provisions of this Chapter and of section 4 as to expenses shall apply in all respects in the case of such person subject to the following modifications—

(a) for the statutory condition contained in section 159 (1) (a) there shall be substituted the condition that the person must be a person who has attained the age of 18 years and satisfies the pension authorities that he is so blind that either he cannot perform any work for which eyesight is essential or that he cannot continue his ordinary occupation; and

(b) for the statutory condition contained in section 159 (1) (b) there shall be substituted the condition that the person shall satisfy the pension authorities that, since reaching the age of 10 years, he has had his residence in the State for an aggregate period of 5 years, and the provisions of section 159 (2) in relation to the interpretation of section 159 (1) shall apply to the interpretation of the condition imposed by this paragraph.

(2) A blind person in respect of whom a pension is payable under this section shall not be a qualified child for the purposes of this Act.

CHAPTER 4

Widow's and Orphan's Pensions (Non-Contributory)

Interpretation.

[1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]

176.—(1) For the purposes of this Chapter—

“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;

“husband”, in relation to a woman who has been married more than once, refers only to her last husband;

“pension” means a widow's (non-contributory) pension or an orphan's (non-contributory) pension under this Chapter as the case may require;

[1952, s. 105 (2); 1980, s. 11]

means shall be calculated in accordance with the Rules contained in the Third Schedule ;

[1980, ss. 9, 11]

“weekly means” shall be the yearly means divided by 52.

[1935 WOPS, s. 2]

(2) Where a widow has remarried she shall not for the purposes of this Chapter be regarded as the widow of her former husband.

Widow's Pension

Right to pension.

[1935 WOPS, s. 19; 1980, s. 10]

177.—(1) Subject to this Act, a widow's (non-contributory) pension shall be payable to a widow.

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance shall, subject to the provisions of this Chapter, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.

[1935 WOPS, s. 22; 1979, s. 7]

(3) A widow's (non-contributory) pension payable to a widow shall, subject to this Chapter, continue to be payable unless she remarries and in such a case the pension shall cease as on and from her remarriage.

Rates of pension and increases for child dependants.

[1935 WOPS, s. 20; 1980, s. 9]

178.—(1) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow.

(2) A widow's (non-contributory) pension shall be payable—

(a) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(b) where the weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

Increases for incapacitated pensioners.

[1980, s. 9]

179.—The weekly rate of pension payable in accordance with section 178 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the widow has attained pensionable age and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, and

(iii) such conditions as may be prescribed are fulfilled, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the pensioner has attained the age of 80 years.

Disqualifications.

[1935 WOPS, s. 30; S.I. No. 25 of 1953 ]

180.—(1) Except where regulations otherwise provide, a widow shall be disqualified for receiving a widow's (non-contributory) pension (including any increase for a qualified child) for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment of pension to or in respect of any widow during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a pension which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.

(4) A widow shall not, if and so long as she and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of a widow's (non-contributory) pension.

Provisions against double pensions.

[1935 WOPS, s. 32; S.I. No. 247 of 1966 ]

181.—(1) Where, under this Chapter, a widow would, but for this subsection, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, the widow's (non-contributory) pension shall not be payable except insofar as is provided by regulations under section 130 .

(2) Not more than one widow's (contributory) pension or widow's (non-contributory) pension shall be payable to any one widow.

Orphan's Pension

Right to pension.

[1935 WOPS, ss. 24, 32; 1948, s. 52; 1952, s. 114]

182.—(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

(2) Not more than one pension shall be payable in respect of any one orphan.

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 95 (1) or 178 (1) is claimable.

Rates of pension.

[1980, s. 11]

183.—The weekly rate of orphan's (non-contributory) pension shall be—

(a) where the weekly means of the orphan do not exceed £1, the rate set out in column (2) of Part I of the Fourth Schedule , and

(b) where his weekly means exceed £1, that rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

Miscellaneous

Claims.

[1952, s. 29; S.I. No. 25 of 1953 ]

184.—For the purpose of this Chapter, any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

Appointment and duties of social welfare officers.

[1935 WOPS, ss. 47, 48; 1960 MP, s. 24]

185.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of this Chapter.

(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a pension and any question arising on or in relation to a pension which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a claimant for a pension or a pensioner or any employer of the claimant or pensioner to furnish him with such information and to produce to him for inspection such documents relative to that claimant or pensioner as he may reasonably require.

(3) If a person, being a claimant for a pension or a pensioner or the employer of a claimant for a pension or a pensioner, fails to furnish to a social welfare officer such information as he is required by this section to furnish to him or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to him, the person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

Absence from the State.

[1935 WOPS, s. 29; 1937 WOPS, s. 18; 1978, s. 8]

186.—(1) Where during any period a person is resident outside the State, the following provisions shall have effect—

(a) a pension shall not be granted to or in respect of that person,

(b) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.

(2) Nothing contained in subsection (1) shall operate to prevent, in the case of a person resident for any period outside the State—

(a) a pension being granted to or in respect of that person if a claim for that pension was made prior to that person becoming so resident, or

(b) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or

(c) any arrears of a pension granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid.

Commencement of pensions.

[1935 WOPS, s. 35; 1937 WOPS, s. 19]

187.—(1) Subject to regulations under section 189 (3), where a person becomes entitled to a pension, the following provisions shall have effect—

(a) in case a claim thereto is made before the expiration of three months after the date on which the person becomes entitled thereto, the pension shall commence to accrue on that date,

(b) in any other case, the pension shall commence to accrue on the date on which the claim is made.

(2) Where the date on which a pension would begin to accrue under subsection (1) is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions of that class are to be made, the pension shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned day.

Penalty for false statements.

[1935 WOPS, s. 58; 1961 MP, s. 13; 1976 (No. 2), ss. 9, 10]

188.—(1) Every person—

(a) who, for the purpose of obtaining or continuing a pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or

(c) who knowingly obtains or receives any payment on account of a pension which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) in relation to a widow's (non-contributory) pension shall be disqualified for receipt of such pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.

(3) This section shall apply with the necessary modification in the case of a person to whom a pension or an increase in respect of a qualified child is paid under any of the provisions of this Chapter for or for the benefit of any person.

[1976 (No. 2), s. 5]

(4) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

[1976 (No. 2), s. 11]

(5) Where in a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for pension, and

(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

[1960 MP, s. 21]

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1976 (No. 2), s. 12]

(7) Regulations under this Chapter may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Regulations.

[1935 WOPS, s. 65]

189.—(1) The Minister may make regulations—

(a) specifying the manner in which claims to pensions may be made, and the manner in which pensions are to be paid;

(b) specifying the procedure to be followed on references under this Chapter, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856 , and for excluding the application of any of the other provisions of that Act;

(c) authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(d) enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under this Chapter, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension;

(e) providing that, notwithstanding anything contained in section 190 or 191 relating to time limit for obtaining payments on account of pensions, but subject to the regulations—

(i) in the case of the death of a person who was in receipt of a pension, payment may be made of any sum which became payable within three months before the date of his death on account of the pension, but has not been paid; and

(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension up to the date of his death;

(f) providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e) and that any such sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.

(2) Regulations under this section specifying the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs.

[1952, s. 121]

(3) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 129 , 295 , 296 , 297 , 298 , 299 and 300 to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .

Payment of widow's pensions.

[1935 WOPS, s. 33; 1952, s. 118]

190.—(1) Subject to subsection (2), a widow's (non-contributory) pension shall be paid to the pensioner.

(2) The Minister may, in his discretion, from time to time, direct either—

(a) that a pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner, and that any increase in respect of a qualified child, being part of such pension, shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that increase is payable, or

(b) that any amount in respect of a qualified child shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that amount is payable.

[1935 WOPS, s. 37]

(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1935 WOPS, s. 36; 1979, s. 7]

(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, the pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.

[1935 WOPS, s. 31; S.I. No. 25 of 1953 ]

(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O, No. 678 of 1935).

Payment of orphan's pensions.

[1935 WOPS, s. 34]

191.—(1) Subject to this section, an orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.

(2) The Minister may, if he considers it advisable so to do, direct that a pension shall, in lieu of being paid to the guardian of the orphan in respect of whom such pension is payable, be paid to some other person for the benefit of the orphan.

[1935 WOPS, s. 37]

(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1935 WOPS, s. 36; 1937 WOPS, s. 20]

(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, such pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.

[1935 WOPS, s. 31; S.I. No. 25 of 1953 ]

(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O., No. 678 of 1935).

Repayment of pension overpaid.

[1935 WOPS, s. 57]

192.—(1) If it is found at any time that a person has been in receipt of a pension during any period during which that person was not entitled thereto, or has been in receipt of a pension at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the pension during such period or, as the case may be, a sum representing the difference between a pension at the rate actually paid and a pension at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension to which the person subsequently becomes entitled.

[1952, s. 61]

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a pension is paid under any of the provisions of this Chapter for or for the benefit of any person.

[1961 MP, s. 12]

(5) The power conferred on the Minister by this section to deduct from any payments on account of a pension to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.

Pension granted to person in receipt of unemployment assistance.

[1935 WOPS, s. 56; 1952, s. 61]

193.—Where—

(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) the unemployment assistance would not have been paid if that person had then been receiving payment on account of the pension, and

(c) any sum (in this section referred to as the arrears) accruing in respect of any part of the said period on account of the pension subsequently becomes payable to that person, the Minister may reduce the arrears by an amount not exceeding the amount paid by way of unemployment assistance.

Pension granted to person in receipt of supplementary welfare allowance.

[1935 WOPS, s. 55; 1953 HA, s. 69; S.I. No. 168 of 1977 ]

194.—(1) Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred (to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

[1952, s. 61]

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under this Chapter or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.

CHAPTER 5

Allowances for Certain Women

Deserted wife's allowance.

[1970, s. 22; 1972, s. 19; 1979, s. 7]

195.—(1) A deserted wife's allowance shall, subject to regulations, be paid to a woman—

(a) who has been deserted by her husband,

(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(4) The Minister may make regulations in relation to deserted wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(c) in applying the provisions of section 300 , provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

Prisoner's wife's allowance.

[1974 (No. 2), s. 9; 1979, s. 7]

196.—(1) A prisoner's wife's allowance shall, subject to regulations, be paid to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,

(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a prisoner's wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

[1979, s. 8]

(3) A prisoner's wife's allowance shall continue to be paid for a period of 4 weeks after the release of the prisoner from a prison or place of detention.

(4) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(5) The Minister may make regulations in relation to prisoner's wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I II and VIII .

Social assistance allowance.

[1973, s. 8; 1979, s. 7]

197.—(1) A social assistance allowance shall, subject to regulations, be paid to a woman—

(a) who is unmarried,

(b) who has at least one qualified child residing with her, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a social assistance allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if she is the mother of the child and if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(4) The Minister may make regulations in relation to a social assistance allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as being an unmarried mother,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(c) in applying the provisions of section 300 provide, notwithstanding anything contained in that section, that in any case in which a social assistance allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

Single woman's allowance.

[1974 (No. 2), s. 8]

198.—(1) A single woman's allowance shall, subject to regulations, be paid to a woman—

(a) who is single,

(b) who has attained the age of 58 years but has not attained pensionable age, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

[1980, s. 13]

(2) A single woman's allowance shall be payable—

(a) where her weekly means do not exceed £1, at the weekly rate set out in column (2) of Part I of the Fourth Schedule , and

(b) where her weekly means exceed £1, at that rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than 50p, the allowance shall not be payable.

(3) The Minister may make regulations in relation to a single woman's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII .

CHAPTER 6

Supplementary Welfare Allowance

Interpretation.

[1975 SWA, ss. 1, 10]

199.—In this Chapter—

“the Act of 1939” means the Public Assistance Act, 1939 ;

“child dependant” means, in relation to a recipient, any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent on that recipient for support;

“home assistance” means home assistance within the meaning of the Act of 1939;

“public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960 , and section 84 of the Health Act, 1970 ;

“recipient” means a person entitled to supplementary welfare allowance;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

Entitlement to supplementary welfare allowance.

[1975 SWA, s. 2]

200.—Subject to this Chapter, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.

Exclusion of persons receiving full-time education.

[1975 SWA, s. 3]

201.—(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.

(2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.

(3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

Exclusion of persons in full-time employment.

[1975 SWA, s. 4]

202.—(1) Subject to subsections (2) and (3), a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.

(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.

(3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

Persons affected by trade disputes.

[1975 SWA, s.5]

203.—(1) In any case where, by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.

(2) Subsection (1) shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(3) In this section—

“place of employment” in relation to any person, means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be;

“trade dispute” has the meaning assigned by section 35 (6).

Administration.

[1975 SWA, s. 6]

204.—(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of the functions relating to supplementary welfare allowance and other functions performable under this Chapter.

(2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with this Chapter, to be due to such person.

(3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.

(4) Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 205 , be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board.

Appeals.

[1975 SWA, s. 7]

205.—(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations made under section 219 provide for the making and determination of appeals under this section.

Conditions for grant of supplementary welfare allowance.

[1975 SWA, s. 8]

206.—A health board may, subject to regulations made by the Minister under section 219 , determine that a person shall not be entitled to supplementary welfare allowance unless—

(a) he is registered for employment in such manner as the Minister may prescribe, and

(b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.

Calculation of supplementary welfare allowance.

[1975 SWA, s. 9; 1980, s. 14]

207.—(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—

(a) the weekly needs of a person shall, subject to any payment pursuant to section 209 , be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 208 , or

(ii) in the case of a person who has means, the amount calculated in accordance with section 208 which would be appropriate in his case if he had no means, reduced by 5p per week for every 5p or part of 5p of his weekly means,

(b) the weekly means of any person shall be calculated in accordance with section 210 .

(2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—

(a) where a husband and wife are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the husband, or of the wife, if she is the claimant;

(b) in the case of a person with a child dependant his needs shall be taken to include the needs of that child dependant;

(c) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

Weekly amounts of supplementary welfare allowance for persons of no means.

[1975 SWA, s. 10; 1980, s. 14]

208.—(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 209 , the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) of Part I of the Fourth Schedule , increased by—

(a) the amount set out in column (3) of that Part for any period during which the recipient has an adult dependant, and

(b) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) For the purposes of this section, the definition of adult dependant in section 2 (1) and columns (4) and (5) of Part I of the Fourth Schedule shall be construed as if “child dependant” and “child dependants”, respectively, were substituted for “qualified child” and “qualified children”.

Additions to weekly amount of supplementary welfare allowance and other income.

[1975 SWA, s. 11]

209.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 207 , and any other income, including any payment under this Act or under any other statute, of that person, is not sufficient to meet his needs, then—

(a) in any case where that person is in receipt of supplementary welfare allowance, the weekly amount of such allowance payable to that person may, subject to this section, be increased, or

(b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to this section, to supplement that person's other income.

(2) The Minister may prescribe—

(a) the circumstances under which a payment may be made to any person pursuant to subsection (1), and

(b) the amounts of payments to be made either generally or in relation to a particular class of persons.

(3) Regulations under subsection (2) may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.

Calculation of means.

[1975 SWA, s. 12]

210.—(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).

(2) In calculating the weekly means of a person, account shall be taken of the following—

(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of children's allowance under Part IV ,

(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 , and

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

[1979, s. 18]

(c) the value of any advantage accruing to such person from the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person;

(d) the value of any benefit or privilege enjoyed by such person;

(e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

(3) The Minister may by regulations vary the provisions of subsection (2).

Allowances in kind.

[1975 SWA, s. 13]

211.—(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Chapter, the health board may determine that such goods or services be provided for him under arrangements made by the board.

(2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

(3) In relation to any goods or services provided by a health board pursuant to subsection (1), references in this Chapter to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.

Power to make single payment for exceptional need.

[1975 SWA, s. 14]

212.—A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.

Grant of supplementary welfare allowance in cases of urgency.

[1975 SWA, s. 15]

213.—(1) Nothing in section 201 , 202 or 203 shall prevent the payment of supplementary welfare allowance in an urgent case and in determining whether an allowance is payable by virtue of this section and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 206 to 210 or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

(2) Where pursuant to subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

Liability to maintain dependants.

[1975 SWA, s. 16]

214.—(1) For the purposes of this Chapter and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—

(a) every man shall be liable to maintain such of his legitimate children as are under the age of 16 years;

(b) every woman shall be liable to maintain such of her children as are under the age of 16 years;

(c) every married man shall be liable to maintain his wife and any child of his wife who was born before her marriage to him and is under the age of 16 years; and

(d) every married woman shall be liable to maintain her husband.

(2) Every reference in this Chapter to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) is liable to maintain such other person.

Recovery of and contributions to supplementary welfare allowance.

[1975 SWA, s. 17]

215.—(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.

(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

(3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.

(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

(5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.

Arrangements for burials.

[1975 SWA, s. 18]

216.—(1) A health board may provide for the burial of any of the following persons—

(a) a person who died within the functional area of the health board and in respect of whose burial suitable arrangements are not otherwise being made,

(b) a person who has been drowned and cast ashore within its functional area or who has otherwise perished and been found dead within that area and (in either case) whose body has not been claimed for burial.

(2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.

(3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial

(4) Where a health board incurs under this section expenses in relation to the body of a deceased person, it may obtain repayment of such expenses from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death.

Estimates of income and expenditure in respect of supplementary welfare allowance.

[1975 SWA, s. 19]

217.—A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.

Financing of health board expenditure.

[1975 SWA, s. 20; S.I. No. 156 of 1977 ]

218.—(1) Every local authority which, immediately before 1st July, 1977, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included in respect of each year a sum representing—

(a) the total expenditure by such local authority on home assistance in the year ending on 31st December, 1975, and

(b) a proportion of 40 per cent, of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on 31st December, 1975, the said proportion of 40 per cent, payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on 31st December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

(2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1), the costs of administration shall be excluded.

(3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before 1st July, 1977, were public assistance authorities having their functional areas in the functional area of the health board.

(4) Section 32 of the Health Act, 1970 , which relates to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities, shall with any necessary modifications apply to payments under subsection (3) in like manner as it applies to contributions under the said section 32.

(5) The Minister may by regulations specify the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 217 .

(6) (a) Where any sum is due and payable under this Chapter to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

(b) Every amount deducted pursuant to paragraph (a) shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 216 .

(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance as is not met by income under this section.

Regulations.

[1975 SWA, s. 21]

219.—(1) The Minister may make regulations—

(a) in relation to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(b) for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

(2) Without prejudice to any specific provision in this Chapter, any regulations made under this Chapter may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

Transfers of certain property.

[1975 SWA, s. 22]

220.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , to a health board and which, immediately before 1st July, 1977, was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board, be transferred in the books by the bank, corporation or company into the name of the health board.

(2) Every chose-in-action transferred by the said section 22 to a health board may be sued on, recovered or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that section.

(3) Every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1st July, 1977, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.

Transfer of certain officers and enforceability of contracts.

[1975 SWA, s. 23]

221.—(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.

(2) Every contract of service, express or implied, which—

(a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and

(b) was continued in force by subsection (6) of that section and is in force immediately before the commencement of this Act,

shall continue in force and shall continue to be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.

(3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate.

Transitional provisions.

[1975 SWA, s. 25]

222.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on 1st July, 1977, and relating to any matter or thing dealt with or affected by this Chapter, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Chapter.

(2) Any proceedings for the recovery of a sum which, if the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before 1st July, 1977.

(3) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 220 is payable to a health board may be brought and maintained by the health board.

PART IV

Children's Allowances

Qualified child.

[1946 CA, s. 4; 1973, s. 6]

223.—(1) A child shall be a qualified child (in this Part referred to as a qualified child) for the purposes of children's allowances if—

(a) he is under the age of 16 years, or

(b) having attained the age of 16 years he is under the age of 18 years and—

(i) is receiving full-time instruction by day at any university, college, school or other educational establishment, or

(ii) is an apprentice, or

(iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period, and

(c) he is ordinarily resident in the State, and

(d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.

[1965 MP, s. 17]

(2) Notwithstanding subsection (1), a child who resides with his father while the father (being a member of the Defence Forces or the civil service of the Government or the State) is in the service, outside the State, of the Government, the State or an international organisation shall be a qualified child for the purposes of this Part.

Qualified persons.

[1946 CA, s. 5; 1963 MP, s. 5]

224.—(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child and is in this Part referred to as a qualified person.

(2) For the purpose of subsection (1)—

(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,

(b) a qualified child shall not be regarded as normally residing with more than one person, and

[1974 (No. 1), s. 8]

(c) where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution.

[1946 CA, s. 5]

(3) Rules made under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent 21 days on which that House has sat after the rules are laid before it annulling the rules, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under the rules.

[1974 (No. 1), s. 9; S.I. No. 196 of 1974 ]

(4) Where, immediately before 3rd July, 1974, the mother or stepmother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.

(5) Where, immediately before 3rd July, 1974, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he had ceased to be a qualified person at that date shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.

Amounts of children's allowance.

[1946 CA, s. 6; 1980, s. 24]

225.—(1) Subject to this Part and the regulations there-under, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of one qualified child, and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of one.

[1965 MP, s. 18]

(2) Notwithstanding anything in this Part, the monthly allowance payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this subsection had not been enacted.

[1969 MP, s. 8; 1980, s. 25]

(3) A person who is qualified for a children's allowance under this Part shall, subject to this Part and the regulations made there-under, be paid children's allowances by way of a grant in respect of three or more qualified children where the birth of each of them was part of the same multiple birth, and the amount of the grant shall be £300 if such qualified children are three in number and £400 if they exceed three in number.

(4) A grant under subsection (3) shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.

(5) Payment of a grant under subsection (3) shall be in addition to any children's allowance payable by way of a monthly allowance under this Part in respect of the children concerned.

Time limit for payment.

[1944 CA, s. 18; 1952 CA, s.6]

226.—A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within 3 months (or, where the Minister so thinks fit, 6 months) after the date on which it has become payable.

Appointment and duties of social welfare officers.

[1944 CA, ss. 5, 6; 1960 MP, s. 24]

227.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of this Part.

(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a children's allowance and any question arising on or in relation to a children's allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for a children's allowance or any person in charge of a child in respect of whom the claim is based to furnish him with such information and to produce to him for inspection such documents relative to the claim as such officer may reasonably require.

(3) If any person, being a claimant for a children's allowance or a person in charge of a child in respect of whom the claim is based, fails to furnish to a social welfare officer such information as he is required by this section to furnish to such officer or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to such officer, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

Exclusion of children's allowance for superannuation or pension purposes.

[1944 CA, s. 15]

228.—Income from a children's allowance shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

Repayment of children's allowances overpaid.

[1944 CA, s. 11; 1946 CA, s. 12]

229.—(1) If it is found at any time that a person has been in receipt of a children's allowance to which he was not entitled or has been in receipt of a children's allowance at a higher rate than that appropriate to the case, then he or, in case he is dead, his personal representative, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the children's allowance or, as the case may be, a sum representing the difference between a children's allowance at the rate actually paid and a children's allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a children's allowance to which such person subsequently becomes entitled.

(3) Every sum repaid or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom such children's allowance is granted.

Payments to appointed persons and absence from State.

[1946 CA, s. 6; S.I. No. 143 of 1973 ]

230.—(1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with a children's allowance on behalf of an applicant.

(2) The Minister may at any time revoke an appointment made under subsection (1) and any person appointed under that subsection may resign on giving to the Minister one month's notice of his intention to do so.

(3) A person appointed under subsection (1) may receive and deal with a children's allowance on behalf of the applicant and the receipt by such person for any sums paid to him on behalf of the applicant shall be a good discharge to the Minister.

(4) Where a qualified person is for the time being absent from the State, an application on his behalf in respect of a children's allowance may be accepted from such person as the Minister thinks fit.

(5) A children's allowance shall be paid only within the State.

Penalty for false statements.

[1944 CA, s. 12; 1946 CA, s. 12; 1976 (No. 2), ss. 9, 10, 11]

231.—(1) Every person—

(a) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or

(c) who knowingly obtains or receives any payment on account of a children's allowance which for any reason whatsoever is not payable to him,