Social Welfare (Consolidation) Act, 1993

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Number 27 of 1993


SOCIAL WELFARE (CONSOLIDATION) ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section.

1.

Short title.

2.

Definitions.

3.

Interpretation generally.

4.

General provisions as to regulations.

5.

Expenses.


PART II

SOCIAL INSURANCE

CHAPTER 1

The Social Insurance Fund

6.

Sources of moneys for benefits.

7.

Social Insurance Fund.

8.

Payments from Fund for acquisition of land, etc.

CHAPTER 2

Employed Contributors and Employment Contributions

9.

Employed contributors and insured persons.

10.

Employment contributions.

11.

Modified insurance.

12.

Calculation of reckonable earnings.

13.

Employment by more than one employer.

14.

Payment of contributions and keeping of records.

15.

Priority debts to Social Insurance Fund in a company winding-up.

16.

Winding-up and bankruptcy.

CHAPTER 3

Self-Employed Contributors and Self-Employment Contributions

17.

Self-employed contributors and insured persons.

18.

Rates of self-employment contributions and related matters.

19.

Regulations providing for determination of contributions payable.

20.

Regulations for collection of self-employment contributions, etc.

CHAPTER 4

Voluntary Contributors and Voluntary Contributions

21.

Voluntary contributors.

22.

Voluntary contributions by former employed contributors.

23.

Voluntary contributions by former self-employed contributors.

24.

Calculation of voluntary contributions.

CHAPTER 5

General

25.

Employment outside State.

26.

Regulations varying rates and amounts of contributions.

27.

Exceptions and credits.

28.

Return of contributions paid in error.

29.

Return of contributions where entry into insurance occurs after specified age.

CHAPTER 6

Description of Benefits

30.

Description of benefits.

CHAPTER 7

Disability Benefit

31.

Entitlement to benefit.

32.

Conditions for receipt.

33.

Rate of benefit.

34.

Increases for adult and child dependants.

35.

Duration of payment.

36.

Disqualifications.

CHAPTER 8

Maternity Benefit

37.

Entitlement to and duration of benefit.

38.

Conditions for receipt.

39.

Rate of benefit.

40.

Disqualifications.

41.

Supplementary provisions.

CHAPTER 9

Unemployment Benefit

42.

Entitlement to benefit.

43.

Conditions for receipt.

44.

Rate of benefit.

45.

Increases for adult and child dependants.

46.

Duration of payment.

47.

Disqualifications.

CHAPTER 10

Occupational Injuries Benefits

Preliminary

48.

Interpretation.

Insurable Employment

49.

Occupational injuries insurance.

50.

Insurable (occupational injuries) employment.

51.

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

52.

Accidents in illegal employment and accidents outside State.

Benefits

53.

Injury benefit.

54.

Disablement benefit.

55.

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

56.

Increase of disablement pension on account of unemployability.

57.

Increase of disablement pension where constant attendance is needed.

58.

Adjustments for successive accidents.

59.

Entitlement to death benefit.

60.

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

61.

Death benefit—parents.

62.

Death benefit—orphans.

63.

Death benefit—funeral expenses.

64.

Supplements to workmen's compensation payments.

65.

Cost of medical care.

Prescribed Diseases

66.

Insurance against prescribed diseases and injuries not caused by accident.

Occupational Accidents

67.

Notice of accidents.

68.

Reporting of accidents by employers.

69.

Declaration that accident is an occupational accident.

Miscellaneous

70.

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

71.

Treating person as incapable of work, etc.

72.

Medical treatment.

73.

Rehabilitation.

74.

Research.

75.

Taking of benefit into account in assessing damages.

76.

Saver for repeal of Workmen's Compensation Acts.

77.

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

CHAPTER 11

Pay-Related Benefit

78.

Interpretation.

79.

Entitlement to benefit.

80.

Rate of benefit.

81.

Duration of payment.

82.

Regulations.

CHAPTER 12

Old Age (Contributory) Pension

83.

Entitlement to pension.

84.

Conditions for receipt.

85.

Disregard of self-employment contributions in certain cases.

86.

Rate of pension.

87.

Increases (including increases for adult and child dependants).

CHAPTER 13

Retirement Pension

88.

Entitlement to pension.

89.

Conditions for receipt.

90.

Rate of pension.

91.

Increases (including increases for adult and child dependants).

CHAPTER 14

Survivor's Benefit

92.

Entitlement to benefit.

93.

Rate of benefit.

94.

Increases (including increases for child dependants).

CHAPTER 15

Invalidity Pension

95.

Entitlement to pension.

96.

Conditions for receipt.

97.

Contributions paid under National Health Insurance Acts.

98.

Rate of pension.

99.

Increases (including increases for adult and child dependants).

CHAPTER 16

Widow's (Contributory) Pension

100.

Entitlement to pension.

101.

Conditions for receipt.

102.

Determination of date of entry into insurance for certain self-employed contributors.

103.

Disregard of self-employment contributions in certain cases.

104.

Rate of pension.

105.

Increases (including increases for child dependants).

CHAPTER 17

Orphan's (Contributory) Allowance

106.

Entitlement to allowance.

107.

Condition for receipt.

108.

Rate of allowance.

109.

Payment of allowance.

CHAPTER 18

Deserted Wife's Benefit

110.

Entitlement to benefit.

111.

Conditions for receipt.

112.

Rate of benefit.

113.

Increases (including increases for child dependants).

CHAPTER 19

Death Grant

114.

Entitlement to grant.

115.

Conditions for receipt.

116.

Amount of grant.

CHAPTER 20

Treatment Benefit

117.

General provisions as to benefit.

PART III

SOCIAL ASSISTANCE

CHAPTER 1

Description of Social Assistance

118.

Description of assistance.

CHAPTER 2

Unemployment Assistance

119.

Interpretation.

120.

Entitlement to assistance.

121.

Rates of assistance and effect of means on rates.

122.

Total amount payable to couple.

123.

Certain claims.

124.

Amount of increases payable in respect of qualified child in certain cases.

125.

Disqualifications.

126.

Disqualifications (continued).

CHAPTER 3

Pre-Retirement Allowance

127.

Entitlement to allowance.

128.

Rate of allowance (including increases for adult and child dependants).

129.

Regulations.

130.

Integration of single woman's allowance scheme with pre-retirement allowance scheme.

131.

Single woman's allowance — transitional provisions.

CHAPTER 4

Old Age (Non-Contributory) Pension

132.

Interpretation.

133.

Entitlement to pension.

134.

Statutory conditions.

135.

Special conditions for receipt of pension.

136.

Rate of pension and increases for child dependants.

137.

Increases (including increase for one of a couple).

138.

Amount of increases payable in respect of qualified child normally resident with beneficiary.

139.

Disqualifications.

140.

Pensions of persons in certain mental institutions.

CHAPTER 5

Blind Pension

141.

Entitlement to pension.

CHAPTER 6

Widow's and Orphan's (Non-Contributory) Pensions

142.

Interpretation.

143.

Entitlement to pension.

144.

Rate of pension.

145.

Increases.

146.

Disqualifications.

147.

Provisions against double pensions.

Orphan's Pension

148.

Entitlement to pension.

149.

Rate of pension.

150.

Civil proceedings.

151.

Payment of pension.

CHAPTER 7

Deserted Wife's Allowance

152.

Entitlement to allowance.

153.

Regulations.

154.

Disqualification.

CHAPTER 8

Prisoner's Wife's Allowance

155.

Entitlement to allowance.

156.

Disqualification.

CHAPTER 9

Lone Parent's Allowance

157.

Interpretation.

158.

Entitlement to allowance.

159.

Rate of allowance and increases for child dependants.

160.

Disqualification.

161.

Prisoners' spouses.

162.

Regulations.

CHAPTER 10

Carer's Allowance

163.

Interpretation.

164.

Entitlement to allowance.

165.

Rate of allowance.

166.

Payment of allowance.

167.

Prescribed relative allowance.

168.

Entitlement to prescribed relative allowance.

169.

Regulations.

CHAPTER 11

Supplementary Welfare Allowance

170.

Interpretation.

171.

Entitlement to supplementary welfare allowance.

172.

Exclusion of persons receiving full-time education.

173.

Exclusion of persons in full-time employment.

174.

Persons affected by trade disputes.

175.

Administration.

176.

Conditions for grant of supplementary welfare allowance.

177.

Calculation of supplementary welfare allowance.

178.

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

179.

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

180.

Allowances in kind.

181.

Power to make single payment for exceptional need.

182.

Grant of supplementary welfare allowance in cases of urgency.

183.

Supplementary welfare allowance granted to persons in receipt of certain health board payments.

184.

Recoupment of supplementary welfare allowance.

185.

Arrangements for burials.

186.

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

187.

Financing of health board expenditure.

188.

Regulations.

189.

Transfer of certain property.

190.

Transfer of certain officers and enforceability of contracts.

191.

Transitional provisions.

PART IV

CHILD BENEFIT

192.

Qualified child.

193.

Qualified person.

194.

Amounts of child benefit.

195.

Exclusion of child benefit for superannuation or pension purposes.

196.

Payments to persons absent from State.

PART V

FAMILY INCOME SUPPLEMENT

197.

Interpretation.

198.

Entitlement to supplement.

199.

Rate of supplement.

200.

Period of payment.

201.

Person to whom supplement is payable.

202.

Regulations.

203.

Receipt of claims.

PART VI

GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY

Preliminary

204.

Definitions.

CHAPTER 1

Claims and Payments

205.

Claims.

206.

Payments.

207.

Payment to persons other than claimant or beneficiary.

208.

Statutory declarations.

CHAPTER 2

Provisions Relating to Entitlement

209.

Overlapping provisions.

210.

Payments after death.

211.

Absence from State or imprisonment.

CHAPTER 3

Appointment and Duties of Social Welfare Inspectors

212.

Social welfare inspectors.

CHAPTER 4

Offences, Miscellaneous Control Provisions and Proceedings

Offences

213.

False statements and offences, including offences relating to bodies corporate.

214.

Offences in relation to employment contributions.

215.

Notification by employer, etc. of commencement of employment.

216.

Information to be furnished by employers to Minister.

217.

Application of Probation of Offenders Act, 1907.

218.

Penalties.

Miscellaneous Control Provisions

219.

Failure to keep records.

220.

Loss of benefit because of employer's default.

221.

Information required by Minister.

222.

Exchange of information.

223.

Personal social services number.

Proceedings

224.

Provisions relating to prosecutions.

225.

Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

CHAPTER 5

Alienation of Books and Documents

226.

Application.

227.

Prohibition of alienation of documents.

228.

Avoidance of alienation of documents.

229.

Return of documents on demand.

CHAPTER 6

Miscellaneous Provisions

230.

Provisions as to maintenance.

231.

Free certificates.

232.

Stamp duty.

233.

Birth, marriage and death certificates.

234.

Inalienability.

235.

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

236.

Exclusion in assessment of damages.

237.

Taking of disability benefit and invalidity pension into account in assessing certain damages.

238.

Reciprocal arrangements.

239.

Administration of social welfare schemes.

240.

Budgeting in relation to social welfare payments.

241.

Regulations varying rates of benefit or assistance.

242.

Effect of means on certain rates of assistance.

243.

Regulations in relation to benefit or assistance.

244.

Application of provisions of this Act, etc. by regulations.

245.

Payment of increases in respect of qualified children.

PART VII

DECISIONS, APPEALS AND SOCIAL WELFARE TRIBUNAL

CHAPTER 1

Deciding Officers and Decisions by Deciding Officers

Appointment and Functions of Deciding Officers

246.

Appointment of deciding officers.

247.

Decisions by deciding officers.

Revised Decisions by Deciding Officers

248.

Revision of decisions by deciding officers.

249.

Effect of revised decisions by deciding officers.

250.

Reference by deciding officer to appeals officer.

CHAPTER 2

Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers

251.

Appointment of appeals officers.

Chief Appeals Officer

252.

Chief Appeals Officer.

253.

Reference of appeal to High Court by Chief Appeals Officer.

254.

Annual reports by Chief Appeals Officer.

255.

Appointment of assessors by Chief Appeals Officer.

256.

Other functions of Chief Appeals Officer.

Procedures for Appeals

257.

Appeals and references to appeals officers.

258.

Power to take evidence on oath.

259.

Notification to persons to attend and give evidence or produce documents at appeal hearing.

260.

Procedure where assessor appointed.

261.

Award of expenses.

Revised Decisions by Chief Appeals Officer and by Appeals Officers

262.

Revision by appeals officer of decisions of appeals officers.

263.

Revision by Chief Appeals Officer of decisions of appeals officers.

264.

Effect of revised decisions by appeals officers.

265.

Decision of appeals officer to be final and conclusive.

CHAPTER 3

Supplementary Welfare Allowance — Determinations and Appeals

266.

Determination of entitlement to supplementary welfare allowance.

267.

Appeals.

268.

Revision of determinations of entitlement to supplementary welfare allowance.

269.

Effect of revised determinations by officers of health board.

CHAPTER 4

General Provisions Relating to Decisions and Appeals

270.

Appeals—oral hearings.

271.

Appeals to High Court.

272.

Certificate by deciding officer, appeals officer or officer of health board.

273.

Revision to include revision consisting of reversal.

CHAPTER 5

Social Welfare Tribunal

274.

Application for adjudication by Social Welfare Tribunal.

275.

Adjudications by Social Welfare Tribunal.

276.

Social Welfare Tribunal.

PART VIII

OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.

277.

Interim payments and suspension of payment.

278.

Overpayments.

279.

Repayment of benefit, assistance, etc. overpaid.

280.

Distribution of assets.

281.

Recovery of sums due by civil proceedings or by deduction from other payments.

282.

Repayment of amounts due to be deferred, suspended, reduced or cancelled.

283.

Effect of decision for purposes of proceedings.

PART IX

LIABILITY TO MAINTAIN FAMILY

284.

Interpretation.

285.

Liability to maintain family.

286.

Contribution towards benefit or allowance.

287.

Attachment of earnings order.

288.

Obligations on employer in relation to attachment of earnings order.

289.

Payments under attachment of earnings order.

290.

Powers of District Court.

291.

Changes in employment.

292.

Determinations by District Court.

293.

Liable relative in service of State.

294.

Discharge, variation or lapse of attachment of earnings order.

295.

Cesser.

296.

Offences.

297.

Payments under order of court to offset contributions.

298.

Recipient of benefit or allowance to transfer to competent authority payments under order of court.

299.

Investigations by health boards.

PART X

COMMENCEMENT, REPEALS AND CONTINUANCE

300.

Repeals.

301.

Continuity of repealed enactments.

302.

Continuance of instruments, officers and documents.

303.

Continuity of insurance under old codes.

304.

Commencement.

FIRST SCHEDULE

EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS

PART I

Employments

PART II

Excepted Employments

PART III

Excepted Self-Employed Contributors

SECOND SCHEDULE

RATES OF BENEFITS

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits — Gratuities and Grant

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Death Grant

THIRD SCHEDULE

RULES AS TO CALCULATION OF MEANS

PART I

Unemployment Assistance and Pre-Retirement Allowance

PART II

Old Age (Non-Contributory), Blind, Widow's and Orphan's (Non-Contributory) Pensions, Deserted Wife's, Prisoner's Wife's, Lone Parent's and Carer's Allowances

PART III

Supplementary Welfare Allowance

FOURTH SCHEDULE

RATES OF ASSISTANCE

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART II

Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple

PART III

Amounts of Child Benefit

FIFTH SCHEDULE

ENACTMENTS REPEALED

SIXTH SCHEDULE

COMMENCEMENT OF CERTAIN PROVISIONS

Table of Statutes Referred to

Short Title

Session and chapter or number and year

Agriculture Act, 1931

No. 8 of 1931.

Blind Persons Act, 1920

10 & 11 Geo. 5.

C.49.

Central Bank Act, 1971

No. 24 of 1971.

Civil Liability Act, 1961

No. 41 of 1961.

Civil Liability (Amendment) Act, 1964

No. 17 of 1964.

Companies Act, 1963

No. 33 of 1963.

Courts (No. 2) Act, 1986

No. 26 of 1986.

Debtors Act (Ireland), 1872

35 & 36 Vic.

C.57.

Dublin Institute of Technology Act, 1992

No. 15 of 1992.

Enforcement of Court Orders Act, 1926

No. 18 of 1926.

Enforcement of Court Orders Act, 1940

No. 23 of 1940.

Family Law (Maintenance of Spouses and Children) Act, 1976

No. 11 of 1976.

Fatal Injuries Act, 1956

No. 3 of 1956.

Finance Act, 1969

No. 21 of 1969.

Finance Act, 1970

No. 14 of 1970.

Finance Act, 1975

No. 6 of 1975.

Finance Act, 1980

No. 14 of 1980.

Finance Act, 1986

No. 13 of 1986.

Finance Act, 1992

No. 9 of 1992.

Harbours Act, 1946

No. 9 of 1946.

Health Act, 1947

No. 28 of 1947.

Health Act, 1953

No. 26 of 1953.

Health Act, 1970

No. 1 of 1970.

Health Authorities Act, 1960

No. 9 of 1960.

Health Contributions Act, 1979

No. 4 of 1979.

Higher Education Authority Act, 1971

No. 21 of 1971.

Housing (Private Rented Dwellings) Act, 1982

No. 6 of 1982.

Income Tax Act, 1967

No. 6 of 1967.

Labour Services Act, 1987

No. 15 of 1987.

Local Government Act, 1941

No. 23 of 1941.

Local Government (Superannuation) Act, 1956

No. 10 of 1956.

Maternity Protection of Employees Act, 1981

No. 2 of 1981.

Mental Treatment Act, 1945

No. 19 of 1945.

Minimum Notice and Terms of Employment Act, 1973

No. 4 of 1973.

National Council for Educational Awards Act, 1979

No. 30 of 1979.

National Archives Act, 1986

No. 11 of 1986.

National Health Insurance Act, 1933

No. 13 of 1933.

National Insurance Act, 1911

1 & 2 Geo. 5.

C.55.

Pilotage Act, 1913

2 & 3 Geo. 5.

C.31.

Preferential Payment in Bankruptcy (Ireland) Act, 1889

52 & 53 Vic.

C.60.

Probation of Offenders Act, 1907

7 Edw. 7.

C.17.

Public Assistance Act, 1939

No. 27 of 1939.

Regional Technical Colleges Act, 1992

No. 16 of 1992.

Road Traffic Act, 1961

No. 24 of 1961.

Social Welfare Act, 1950

No. 14 of 1950.

Social Welfare Act, 1952

No. 11 of 1952.

Social Welfare (Occupational Injuries) Act, 1966

No. 16 of 1966.

Social Welfare Act, 1973

No. 10 of 1973.

Social Welfare Act, 1975

No. 1 of 1975.

Social Welfare (Supplementary Welfare Allowance) Act, 1975

No. 28 of 1975.

Social Welfare (Consolidation) Act, 1981

No. 1 of 1981.

Social Welfare Act, 1988

No. 7 of 1988.

Social Welfare (No. 2) Act, 1989

No. 12 of 1989.

Social Welfare Act, 1991

No. 7 of 1991.

Social Welfare Act, 1992

No. 5 of 1992.

Status of Children Act, 1987

No. 26 of 1987.

Superannuation Act, 1936

No. 39 of 1936.

Statutory Declarations Act, 1938

No. 37 of 1938.

Unemployment Insurance Act, 1920

10 & 11 Geo. 5.

C.55.

Vocational Education Act, 1930

No. 29 of 1930.

Widows' and Orphans' Pensions Act, 1935

No. 29 of 1935.

Workmen's Compensation Act, 1906

6 Edw. 7.

C.58.

Workmen's Compensation Act, 1934

No. 9 of 1934.

Youth Employment Agency Act, 1981

No. 32 of 1981.

Acts Cited Collectively

Adoption Acts, 1952 to 1991

Army Pensions Acts, 1923 to 1980

Companies Acts, 1963 to 1990

Connaught Rangers (Pensions) Acts, 1936 to 1964

Garda Síochána (Compensation) Acts, 1941 and 1945

Health Acts, 1947 to 1991

Housing Acts, 1966 to 1988

Income Tax Acts

Labourers Acts, 1883 to 1965

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Mental Treatment Acts, 1945 to 1966

Military Service (Pensions) Acts, 1924 to 1964

National Health Insurance Acts, 1911 to 1952

Protection of Employees (Employer's Insolvency) Acts, 1984 and 1991

Redundancy Payments Acts, 1967 to 1991

Superannuation Acts, 1834 to 1963

Workmen's Compensation Acts, 1934 to 1955

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Number 27 of 1993


SOCIAL WELFARE (CONSOLIDATION) ACT, 1993


AN ACT TO CONSOLIDATE THE SOCIAL WELFARE ACTS. [9th November, 1993]

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, 1993.

Definitions.

[1981, ss. 2(1), 35(6); 1983, s. 5; 1988, s. 10; 1989, s. 8(3); 1991, s. 41(4); 1992, ss. 15(1), 27(4); 1993, ss. 36(1), 39(1)]

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

“appeals officer” means a person holding office as an appeals officer under section 251;

“assistance” means assistance under Part III;

“beneficiary” means a person entitled to any benefit, assistance, child benefit or family income supplement, as the case may be;

“benefit” means, subject to section 210 and Part VI, 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;

“claimant” means a person who has made a claim for any benefit, assistance, child benefit or family income supplement, as the case may be;

“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 1st day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last 2 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 27;

“day of incapacity for work” has the meaning assigned in section 31(1);

“day of unemployment”, in relation to Part II, has the meaning assigned in section 42, and in relation to Chapter 2 of Part III , has the meaning assigned in section 120(6);

“deciding officer” means a person holding office as a deciding officer under section 246;

“disabled person's maintenance allowance” means a maintenance allowance under section 69 of the Health Act, 1970 ;

“employed contributor” has the meaning assigned in section 9 (1);

“employer's contribution” has the meaning assigned in section 6(1)(a);

“employment contribution” has the meaning assigned in section 6(1)(a);

“entry into insurance” means, subject to sections 29(3), 101(5) and Chapters 12 and 13 of Part II , in relation to any person, the date on which he became an insured person;

“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;

“infectious diseases maintenance allowance” means a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease;

“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 50;

“insurable self-employment” means self-employment of such a nature that a person engaged therein would be a self-employed contributor;

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

“Member State” means a Member State of the European Communities;

“the Minister” means the Minister for Social Welfare;

“occupational injuries insurance” has the meaning assigned in section 49(2);

“orphan” means a qualified child—

(a) both of whose parents are dead, or

(b) one of whose parents is dead or unknown, as the case may be, and whose other parent—

(i) is unknown, or

(ii) has abandoned him, or

(iii) has refused or failed to provide for him,

where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;

“outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person;

“pensionable age” means the age of 66 years;

“prescribed” means prescribed by regulations;

“qualifying contribution” means the appropriate employment contribution or self-employment contribution which was paid or would have been paid but for section 10(1)(c) or (d) or section 18(1)(d) in respect of any insured person;

“reckonable earnings” means, subject to regulations and to section 78, earnings derived from insurable employment or insurable (occupational injuries) employment;

“reckonable emoluments”, in relation to a self-employed contributor, means emoluments (other than reckonable earnings, non-pecuniary emoluments and such other emoluments as may be prescribed) to which Chapter IV of Part V of the Income Tax Act, 1967 , applies, reduced by so much of the allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) as is deducted on payment of those emoluments;

“reckonable income” in relation to a self-employed contributor, means the aggregate income (excluding reckonable earnings, reckonable emoluments, non-pecuniary income and such other income as may be prescribed), from all sources for the contribution year as estimated in accordance with the provisions of the Income Tax Acts, but without regard to section 2 or section 18 of the Finance Act, 1969 , or (save in the case of a person to whom paragraph 1 of Part III of the First Schedule applies) to Chapter 1 (inserted by the Finance Act, 1980 ) of Part IX of the Income Tax Act, 1967 , after deducting from the income so much of any deduction allowed by virtue of the provisions referred to in section 33 of the Finance Act, 1975 , as is to be deducted from or set off against that income in charging it to income tax;

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

“self-employed contributor” has the meaning assigned in section 17;

“self-employment contribution” has the meaning assigned in section 6;

“short-time employment” means employment in which, for the time being, a number of days is systematically worked in a working week which is less than the number of days which is normal in a working week in the employment concerned;

“the Social Insurance Fund” means the Fund to which section 7 relates;

“social welfare inspector” means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III (other than Chapter 11), IV, V, VI and IX;

“statutory declaration” means a statutory declaration within the meaning of the Statutory Declarations Act, 1938 ;

“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;

“voluntary contribution” has the meaning assigned in section 22;

“voluntary contributor” has the meaning assigned in section 21;

“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 .

[1985 (No. 2), s. 3; 1987 (No. 2), s. 15(1)]

(2) In this Act “adult dependant”, subject to section 170, means in relation to any person—

(a) a spouse who is wholly or mainly maintained by that person but does not include—

(i) a spouse in employment (other than employment specified in paragraph 4 or 5 of Part II of the First Schedule ), or

(ii) a spouse who is self-employed, or

(iii) a spouse who is entitled to, or is in receipt of, any benefit, pension, assistance or allowance (other than supplementary welfare allowance) under Parts II or III of this Act, or disabled person's maintenance allowance, or

(iv) a spouse who, by virtue of the provisions of section 47(1) or 125(3), is or would be disqualified for receiving unemployment benefit payable under Chapter 9 of Part II or unemployment assistance payable under Chapter 2 of Part III in his own right with the exception of a spouse who qualifies as an adult dependant by virtue of regulations made under paragraph (c), or

(v) a spouse who is entitled to or is in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121or unemployment benefit payable under section 44 or 45 in respect of a non-craft full-time course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 ,

or

(b) a person over the age of 16 years being wholly or mainly maintained by that person and 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,

(ii) a widow,

(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, or

(c) such person as the Minister may by regulations specify to be an adult dependant for the purposes of this Act.

[1991, s. 6(1); 1992, s. 15(1); 1993, s. 14(2)]

(3) Subject to section 114(3), in this Act “qualified child” means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and—

(a) for the purposes of—

(i) sections 34(2) and 45(2),

(ii) section 55(2) as it applies to injury benefit, and

(iii) section 121(1)(b)(ii) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b),

is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study within the meaning of section 126(3)(a),

(b) for the purposes of—

(i) section 55(2) as it applies to disablement pension,

(ii) sections 60(9), 62(1), 87(2), 91(2), 99(2), 105(1), 106, 113(1), 128(1)(b), 136(1), 148(1), 159(1), 165(1) and 198, and

(iii) section 121(1)(b)(ii) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days—

(I) is under the age of 18 years, or

(II) is of or over the age of 18 years and under the age of 21 years, and is receiving full-time education,the circumstances of which shall be specified in regulations.

Interpretation generally.

[1981, s. 2(2); 1992, s. 14]

3.—(1) 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;

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

[1981, s. 2(3)]

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

[1981, s. 2(4)]

(3) 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.

[1981, s. 2(5)]

(4) 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.

[1981, s. 2(6)]

(5) Any question relating to the normal residence of a qualified child shall, subject to section 193(2), be decided in accordance with regulations made under this subsection.

[1981, s. 2(7)]

(6) Where a child has been or becomes adopted pursuant to the Adoption Acts, 1952 to 1991, 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 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 section 2(1), “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”.

[1981, s. 2(8)]

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

[1991, s. 2(2)]

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

[1981, s. 2(9)]

(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.

[1981, s. 2(10)]

(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.

[1993, s. 39(8)]

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

[1985 (No. 2), ss. 4, 11; 1991, ss. 45(2), 48(1), (2); 1992, ss. 17(a), 27(1)]

(12) For the purposes of sections 34(3), 45(3), 55(3), 87(3), 91(3), 99(3), 124(1), 128(3), 138, 165(4) and Chapter 11 of Part III , “spouse” means—

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

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

[1993, s. 11]

(13) For the purposes of determining the entitlement of a person to an increase in respect of an adult dependant, references to a spouse in the definition of “adult dependant” contained in section 2(2) and regulations made thereunder shall be construed as meaning each person of a married couple, or a man and woman who are not married to each other but are cohabiting as husband and wife.

General provisions as to regulations.

[1981, s. 3(1)]

4.—(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.

[1981, s. 3(2)]

(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.

[1981, s. 3(3)]

(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.

[1981, s. 4(4)(a); 1984, ss. 8, 14; 1985 (No. 2), s. 3; 1986, s. 11(2); 1988, ss. 17(a), 28(1), 30; 1989, s. 29; 1990, s. 51; 1991, s. 57; 1992, ss. 13, 19(4), 51; 1993, ss. 9, 13(1), 31(1)]

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

(a) regulations for the purposes of section 2(2), 10, 11, 12, 13, 14, 17(2)(d), 19, 20, 22(1)(d), 32(3), 32(6), 39, 42(2), 42(4), 43(5), 50(7), 50(8), 50(9), 80(1), 82(1)(a), 82(2), 83(5), 83(6), 84(7), 84(9), 84(12), 84(14), 88(6), 88(7), 89(3), 89(4), 89(6), 96(1), 96(2), 97, 101(3), 101(9), 110(1)(c), 111(3), 111(8), 115(3), 115(5), 120(1), 121(5), 129, 163(1), 169(2)(b), 179, 202(2), 202(3), 203(1), 239, 241, 282, 303, Rule 1(2)(m) of Part I of the Third Schedule , Rule 3(3) of Part II of the Third Schedule and Rule 2 of Part III of the Third Schedule ,

(b) a draft of regulations under any of the provisions mentioned in subsection (5).

[1981, ss. 5(6), 10(2)(c), 12, 19(3), 30(3), 76(3), 79(6), 84(2), 89(3), 93(3), 97(2), 101(3), 108(3); 1988, s. 11; 1992, s. 19(1)]

(5) Where regulations are proposed to be made for the purposes of section 9(2), 9(3), 10(2)(a), 17(2)(a), 17(2)(b), 17(2)(c), 18(1)(f), 26, 32(5), 38(2), 43(4), 82(1)(c), 82(1)(d), 84(6), 89(2), 96(6), 101(2), 107(2), 111(2) or 115(2), 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.

[1981, ss. 3(5), 224(3)]

(6) Regulations or rules (not being regulations or rules 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 or rules is passed by either House within the next 21 days on which that House has sat after the regulations or rules have been laid before it, the regulations or rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

[1986, s. 22]

(7) Where the Minister revokes regulations made under any of the provisions mentioned in subsection (5) and makes regulations which he certifies to be substantially to the like effect as the regulations so revoked, a requirement that a draft of the proposed regulations be laid before each House of the Oireachtas shall not apply.

Expenses.

[1981, s. 4(1)]

5.—(1) Any expenses incurred by the Minister or any other Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

[1981, s. 4(2)]

(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 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.

[1981, s. 4(3)]

(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.

[1984, s. 5(1)]

(4) Any expenses incurred by An Post under the provisions of Part II, (determined on such basis as may be agreed upon between the Minister, the Minister for Finance and An Post) shall be paid by the Minister out of the Social Insurance Fund to An Post at such times and in such manner as the Minister for Finance may direct.

PART II

SOCIAL INSURANCE

CHAPTER 1

The Social Insurance Fund

Sources of moneys for benefits.

[1988, s. 11; 1991, s. 40(3)]

6.—(1) For the purposes of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, the Redundancy Payments Acts, 1967 to 1991, and the Protection of Employees (Employer's Insolvency) Acts, 1984 and 1990, are to be made out of the Social Insurance Fund, there shall be—

(a) contributions (referred to in this Act as “employment contributions”) in respect of employed contributors, each of which shall comprise a contribution by the employed contributor and a contribution (referred to in this Act as “the employer's contribution”) by the employer of the employed contributor,

(b) contributions (referred to in this Act as “self-employment contributions”) in respect of self-employed contributors,

(c) contributions in respect of voluntary contributors, and

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

[1981, s. 9(2); 1988, s. 11]

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

Social Insurance Fund.

[1981, s. 122(1)]

7.—(1) The Social Insurance Fund (in this section and in section 8 referred to as “the Fund”) established under the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 , shall continue in being and to comprise a current account and an investment account.

[1981, s. 122(2)]

(2) The Minister shall manage and control the current account of the Fund.

[1981, s. 122(3)]

(3) The Minister for Finance shall manage and control the investment account of the Fund.

[1981, s. 122(4)]

(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.

[1981, s. 122(5)]

(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.

[1981, s. 122(6)]

(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.

[1981, s. 122(7)]

(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.

[1981, s. 122(8)]

(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.

[1981, s. 122(9)]

(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.

[1981, s. 122 (10)]

(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.

[1981, s. 122 (11)]

(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.

[1981, s. 123(1)]

8.—(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.

[1981, s. 123(2)]

(2) A payment shall not be made under subsection (1) save with the consent of the Minister for Finance.

[1981, s. 123(5)]

(3) 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.

[1981, s. 123(6)]

(4) A disposal shall not be effected under subsection (3) save with the consent of the Minister for Finance.

CHAPTER 2

Employed Contributors and Employment Contributions

Employed contributors and insured persons.

[1991, s. 40(1)(a)]

9.—(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 paragraph (b), be an employed contributor for the purposes of this Act, and

(b) 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, and

(c) 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.

[1981, s. 5(4)]

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

[1981, s. 5(5)]

(3) 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.

Employment contributions.

[1981, s. 10(1); 1982, s. 5(1); 1989, s. 8(1); 1991, s. 40(4); 1993, s. 16(1)]

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

(b) Subject to paragraphs (c), (d) and (e) of this subsection and to regulations under section 11, 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 5.5 per cent., and

(ii) a contribution by his employer at the rate of 12.2 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 £21,300 and contributions under paragraph (b) (ii) 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 by his employer in that contribution year.

(d) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £20,000 and contributions under paragraph (b) (i) 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 by the employed contributor in that contribution year.

(e) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 13), 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.

[1981, s. 10(2); 1989, s. 8(1)]

(2) (a) The Minister may by regulations vary the sums specified in paragraphs (c) and (d) of subsection (1) 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 to vary the sum specified in subsection (1)(d) the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries so recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1)(d) was last determined.

[1981, s. 10(3)]

(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.

[1981, s. 10(4)]

(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.

[1981, s. 10(5)]

(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.

[1981, s. 10(6)]

(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.

[1990, s. 9]

(7) (a) Where but for this subsection, an employment contribution would be payable by and in respect of an employed contributor at the rates specified in subsection (1)(b), the employed contributor shall, subject to regulations, be exempted from the employment contribution payable under subsection (1)(b)(i) where his weekly reckonable earnings are below a prescribed amount.

(b) Regulations under paragraph (a) may in particular and without prejudice to the generality of the foregoing specify—

(i) the manner in which the amounts of weekly reckonable earnings are to be calculated for the purposes of that paragraph,

(ii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor who is employed by two or more employers concurrently, and

(iii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor remunerated other than on a weekly basis.

[1993, s. 18]

(8) An employer who, during the period commencing on the 19th day of October, 1992, and ending on the 19th day of September, 1993, employed additional employees under and by virtue of the scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, shall not, during the period commencing on the 6th day of April, 1993, and ending on the 5th day of April, 1995, be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme above that applying on the 9th day of September, 1992, all or any of the following, namely—

(a) the contribution specified in section 10 (1)(b)(ii) of this Act;

(b) the health contribution payable by an employer under section 5 (1)(b) of the Health Contributions Act, 1979 ;

(c) the employment and training levy payable by an employer under section 16 (c) of the Youth Employment Agency Act, 1981 (as extended by section 25 of the Labour Services Act, 1987 ).

Modified insurance.

[1981, s. 7(1); 1991, s. 40(2)]

11.—(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, 9 and 10 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 moneys provided by the Oireachtas in recoupment of revenue deficits, or

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

(k) persons employed in an employment which is an insurable (occupational injuries) employment pursuant to section 50.

[1981, s. 7(4)]

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

Calculation of reckonable earnings.

[1981, s. 13(2)]

12.—(1) 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.

[1981, s. 13(3)]

(2) Regulations may provide for the calculation of the amounts payable in respect of employment 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.

Employment by more than one employer.

[1981, s. 6]

13.—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)(e) as being concurrently employed by two or more employers.

Payment of contributions and keeping of records.

[1981, s. 15(1); 1988, s. 9]

14.—(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 waiving of interest due on arrears of employment contributions,

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

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

(g) 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

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

[1981, s. 15(2); 1993, s. 19]

(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 or to such other person engaged under contract by the Minister, with the consent of the Minister for Finance, for this purpose,

(b) the assignment to the Collector-General of any function conferred on the Minister by section 224 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.

[1981, s. 15(3)]

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

[1981, s. 15(4)]

(4) 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.

[1981, s. 15(5)]

(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.

Priority debts to Social Insurance Fund in a company winding-up.

[1990, s. 45(2)]

15.—(1) For the purposes of section 285 (2)(e) of the Companies Act, 1963

(a) the amount referred to in that subsection shall be deemed to include any amount—

(i) which, apart from the provisions of Article 22 of the Regulations of 1988 (as amended by the Social Welfare (Collection of Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 72 of 1989 )), or Article 22 of the Regulations of 1989, would otherwise have been an amount due at the relevant date in respect of sums which an employer is liable under Chapter 2 or 3 of Part II of this Act, and any regulation thereunder (other than the said Article 22 of the Regulations of 1988 or Article 22 of the Regulations of 1989) to deduct from reckonable earnings or reckonable emoluments, to which the said Chapters 2 and 3 apply, paid by him during the period of 12 months next before the relevant date, and

(ii) with the addition of any interest payable under Article 23 of the Regulations of 1988 or Article 13 of the Regulations of 1989,

and

(b) the relevant date shall, notwithstanding the provisions of subsection (1) of section 285 of the Companies Act, 1963 , be deemed to be the date which is the ninth day after the end of the income tax month in which the relevant date (within the meaning of the said subsection (1)) occurred.

[1990, s. 45(3)]

(2) In this section—

“the Regulations of 1988” means the Social Welfare (Miscellaneous Provisions for Self-Employed Contributors) Regulations, 1988 ( S.I. No. 62 of 1988 );

“the Regulations of 1989” means the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ).

Winding-up and bankruptcy.

[1981, s. 120(1)]

16.—(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.

[1991, s. 36(1)]

(2) The assets of a limited company in a winding-up under the Companies Acts, 1963 to 1990, shall not include—

(a) any sum deducted by an employer from such remuneration of an employee of his as was paid prior to the winding-up in respect of an employment contribution due and unpaid by the employer in respect of such contribution, or

(b) any sum which would have been deducted from the remuneration of an employee in respect of an employment contribution for a period of employment prior to a winding-up had such remuneration been paid prior to such winding-up,

and in such a winding-up a sum equal in amount to the sum so deducted and unpaid or which would have been deducted and payable, shall notwithstanding anything in those Acts, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of the Companies Act, 1963 .

[1981, s. 120(3); 1991, s. 36(2)]

(3) A sum equal in amount to 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.

[1981, s. 120(4)]

(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 .

[1981, s. 120(5)]

(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.

CHAPTER 3

Self-Employed Contributors and Self-Employment Contributions

Self-employed contributors and insured persons.

[1988, s. 11]

17.—(1) Subject to this Act—

(a) every person who, being over the age of 16 years and under pensionable age (not being a person included in any of the classes of person specified in Part III of the First Schedule ) who has reckonable income or reckonable emoluments shall be a self-employed contributor for the purposes of this Act, regardless of whether he is also an employed contributor,

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

(c) in the case of a person who, not having been an employed contributor at any time, becomes for the first time a self-employed contributor the first day of the contribution year in which he becomes a self-employed contributor shall be regarded as the date of entry into insurance.

[1988, ss. 11, 16(1)]

(2) Regulations may provide for —

(a) including among self-employed contributors classes of person or part of any such class of person specified in or included in Part III of the First Schedule ,

(b) adding to the classes of person specified in Part III of the First Schedule ,

(c) the modification of any of the provisions of this Act relating to self-employed contributors,

(d) the application (with or without modification) to self-employed contributors or self-employment contributions payable under paragraph (a), (b) or (c) of section 18(1) any provisions of this Act which apply to employed contributors or employment contributions.

Rates of self-employment contributions and related matters.

[1991, s. 13(1); 1993, s. 17(1)]

18.—(1) Self-employment contributions shall be paid by self-employed contributors in accordance with the following provisions—

(a) Subject to paragraphs (b), (d) and (h), where in any contribution year a self-employed contributor has reckonable income there shall be payable by him a self-employment contribution which shall be of an amount equal to 5 per cent. of the reckonable income or the amount of £250, whichever is the greater.

(b) Where for any contribution year a self-employed contributor is informed by the Revenue Commissioners that he is not required to make a return of income within the meaning of section 48 (1) of the Finance Act, 1986 , self-employment contributions shall be paid by the self-employed contributor (whether by instalments or otherwise as may be prescribed) amounting to £124 in respect of that contribution year.

(c) Subject to paragraphs (d) and (h), where in any contribution year a payment is made to a self-employed contributor in respect of reckonable emoluments of that self-employed contributor, there shall be payable by him a self-employment contribution which shall be of an amount equal to 5 per cent. of reckonable emoluments or the amount of £250, whichever is the greater.

(d) Contributions under paragraph (a) or (c) shall not be payable in any contribution year on so much (if any) of the reckonable income or reckonable emoluments for that year of a self-employed contributor as is in excess of £20,000.

(e) Subject to regulations under section 19, where a self-employment contribution has been paid by a self-employed contributor of not less than the amount that he is liable to pay under paragraph (a) or the amount specified in paragraph (b), whichever is appropriate, he shall be regarded as having paid contributions for each contribution week in that contribution year and, where the contribution paid is less than the appropriate amount aforesaid, no contribution shall be regarded as having been paid by the self-employed contributor in respect of any week of that contribution year.

(f) The Minister may by regulations vary the sum specified in paragraph (d) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

(g) Subject to subsection (3) of section 23, self-employment contributions shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, widow's (contributory) pension or orphan's (contributory) allowance are satisfied.

(h) A person who but for this paragraph would be liable for contributions of £250 under both paragraph (a) and paragraph (c) shall be liable only for a single contribution of £250.

[1988, s. 16(2)]

(2) Regulations may provide for adjustments in the calculation of amounts payable in respect of self-employment contributions to facilitate computation and for the elimination from self-employment contributions of amounts of not more than 5p and for the rounding up of amounts of more than 5p but less than 10p to 10p.

Regulations providing for determination of contributions payable.

[1988, s. 11]

19.—(1) Subject to subsection (2), regulations may provide for the determination of the contributions payable, the amount or rates of such contributions, and the contribution weeks in respect of which such contributions shall be regarded as having been paid, in the case of a person who—

(a) becomes for the first time a self-employed contributor,

(b) ceases to be a self-employed contributor,

(c) is both an employed contributor and a self-employed contributor whether concurrently or not,

(d) in any contribution year has reckonable emoluments but does not have reckonable income,

(e) in any contribution year has both reckonable emoluments and reckonable income, or

(f) in any contribution year has reckonable emoluments which relate to a period less than the full year.

[1988, s. 11; 1989, s. 9(2)]

(2) Regulations made under subsection (1) shall not cause an insured person to pay contributions on the excess over the amount specified in section 18(1)(d) of the aggregate of his total reckonable earnings, reckonable emoluments and reckonable income in any contribution year.

[1989, s. 23]

(3) The Minister may by regulations specify circumstances in which contributions payable by a self-employed contributor may be treated as paid.

[1988, s. 11]

(4) For the purposes of this section “contributions” means employment contributions payable under section 10 and self-employment contributions payable under section 18.

Regulations for collection of self-employment contributions, etc.

[1988, s. 11]

20.—(1) For the purposes of self-employment contributions payable under section 18(1)(b) and (c), regulations may provide for—

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

(b) the collection and the recovery of and the furnishing of details in relation to self-employment contributions,

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

(d) the waiving of interest due on arrears of self-employment contributions,

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

(f) the furnishing of returns by employers in relation to periods of insurable self-employment,

(g) the deduction by an employer from the reckonable emoluments of a self-employed contributor of any self-employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of overdeduction, and

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

[1988, s. 11]

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for the assignment of any function relating to a matter referred to in that subsection to the Collector-General or to such person as may be specified.

[1988, s. 11]

(3) The provisions of any enactment or instrument made under statute relating to the estimation, collection or recovery of income tax or the inspection of records for those purposes or relating to appeals in relation to income tax shall with any necessary modifications apply in relation to self-employment contributions in respect of reckonable emoluments that the Collector-General is obliged to collect as they apply in relation to income tax.

[1988, s. 11]

(4) Self-employment contributions payable by a self-employed contributor for a contribution year under section 18(1)(a) in respect of reckonable income shall be assessed, charged and paid in all respects as if they were an amount of income tax and they may be stated in one sum (hereafter in this subsection referred to as the “aggregated sum”) with the income tax contained in any computation of or assessment to income tax made by or on the self-employed contributor for the year of assessment (within the meaning of the Income Tax Acts) which coincides with the contribution year and for this purpose the self-employed contributions may be so stated notwithstanding that there is no amount of income tax contained in the said computation or assessment and all the provisions of the Income Tax Acts, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief, shall apply as if the aggregated sum were a single sum of income tax.

[1988, s. 11]

(5) Where an election made or deemed to be made under section 195 of the Income Tax Act, 1967 , has effect for the year of assessment the self-employment contributions payable by a wife shall be charged, collected and recovered as if they were the contributions of her husband provided that the question as to the amount of the self-employment contributions so payable in respect of the husband or the wife shall not be affected by the provisions of this subsection.

[1988, s. 11]

(6) In any proceedings instituted by virtue of this Act, a certificate purporting to be signed by the Collector-General or by any officer duly appointed by the Minister in that behalf which certifies that an amount in respect of employment or self-employment contributions is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable.

CHAPTER 4

Voluntary Contributors and Voluntary Contributions

Voluntary contributors.

[1981, s. 5(2); 1988, s. 11]

21.—(1) Subject to this Act, where a person ceases to be—

(a) an employed contributor, or

(b) a self-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”).

[1991, s. 40(1)(b)]

(2) 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.

[1981, s. 5(3); 1988, s. 11]

(3) A voluntary contributor shall—

(a) if he becomes an employed contributor, cease to be a voluntary contributor except insofar as is provided in section 22(2), or

(b) if he becomes a self-employed contributor, cease to be a voluntary contributor.

Voluntary contributions by former employed contributors.

[1981, s. 11 (1); 1982, s. 5(2); 1989, s. 8(2)]

22.—(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a “voluntary contribution”), in the case of a person who becomes a voluntary contributor by virtue of paragraph (a) of section 21(1) and who is under pensionable age, shall be payable 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) pension, 2.6 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, 6.6 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, 4.0 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)(d).

(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.

[1981, s. 11(2)]

(2) In the case of a person who, on the 31st day of 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 21(3), continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.

[1981, s. 11(3)]

(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.

[1981, s. 11(4)]

(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.

[1981, s. 11(5)]

(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.

[1981, s. 11(6)]

(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.

Voluntary contributions by former self-employed contributors.

[1988, s. 11; 1991, s. 15]

23.—(1) A voluntary contribution, in the case of a person who becomes a voluntary contributor by virtue of paragraph (b) of section 21(1), shall be at the rate of £234 in a contribution year payable at such time or times and in such manner as the Minister may prescribe.

[1988, s. 11]

(2) Subject to subsection (3), voluntary contributions paid by a person under subsection (1) shall be disregarded for all benefit other than old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance.

[1988, s. 11]

(3) Self-employment contributions paid by a person who, being a voluntary contributor becomes a self-employed contributor on or after the 6th day of April, 1988, and any subsequent voluntary contributions paid by such persons, shall also be reckonable for—

(a) in the case of a person whose rate of voluntary contribution, immediately before ceasing to be a voluntary contributor, was determined under section 22(1)(b)(i), deserted wife's benefit,

(b) in the case of a person whose rate of voluntary contribution, immediately before ceasing to be a voluntary contributor, was determined under section 22(1)(b)(ii), retirement pension, deserted wife's benefit and death grant, and

(c) in the case of a person whose rate of voluntary contribution, immediately before ceasing to be a voluntary contributor, was determined under section 22(1)(b)(iii), retirement pension and death grant.

[1988, s. 11]

(4) A voluntary contribution paid under subsection (1) shall be regarded as having been paid for each contribution week in that contribution year.

Calculation of voluntary contributions.

[1981, s. 13(3)]

24.— Regulations may provide for the calculation of the amounts payable in respect of 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.

CHAPTER 5

General

Employment outside State.

[1981, s. 8(1)]

25.—(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.

[1981, s. 8(2)]

(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 .

[1981, s. 8(3)]

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

Regulations varying rates and amounts of contributions.

[1981, s. 12; 1988, s. 11]

26.—Regulations may alter the rates or amounts of employment, self-employment or voluntary contributions.

Exceptions and credits.

[1981, s. 14]

27.—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.

Return of contributions paid in error.

[1981, s. 16(1); S.I. No. 121 of 1991 , A.5]

28.—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 employment, self-employment or voluntary contributions.

Return of contributions where entry into insurance occurs after specified age.

[1981, s. 16(1)]

29.—(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any employment contribution paid by an employed contributor or voluntary contribution payable under section 22 by 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 the 1st day of July, 1974,

(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 the 1st day of April, 1975, or

(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 the 1st day of October, 1977,

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

[1981, s. 16(2)]

(2) (a) In the case of a person who attained the age of 56 years on or after the 1st day of 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 the 1st day of 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.

[1981, s. 16(3)]

(3) For the purposes of this section, the entry into insurance of an employed contributor or a voluntary contributor by virtue of section 21(1)(a) shall, subject to subsection (6), 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.

[ S.I. No. 121 of 1991 , A.5]

(4) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any self-employment contribution paid by a self-employed contributor or a voluntary contribution payable under section 23 by a voluntary contributor, who entered into insurance for the purposes of section 84(1) after he had attained the age of 56 years, as is determined in accordance with regulations to have been paid in respect of old age (contributory) pension.

[1981, s. 16(4)]

(5) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any employment contribution paid by an employed contributor or voluntary contribution payable under section 22 by a voluntary contributor who entered into insurance for the purposes of section 89(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.

[1993, s. 36(2)]

(6) For the purposes of this section in the case of a relevant person as defined in section 83(3) “entry into insurance” shall have the meaning assigned to it by section 83(4) or (5).

CHAPTER 6

Description o-f Benefits

Description of benefits.

[1981, s. 17(1)]

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

(a) disability benefit,

(b) maternity benefit,

(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,

(g) retirement pension,

(h) survivor's benefit,

(i) invalidity pension,

(j) widow's (contributory) pension,

(k) orphan's (contributory) allowance,

(l) deserted wife's benefit, and

(m) death grant.

[1981, s. 17(2)]

(2) Subject to section 117 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.

[1981, s. 17(3)]

(3) Benefit shall be paid or provided for out of the Social Insurance Fund.

CHAPTER 7

Disability Benefit

Entitlement to benefit.

[1981, s. 18(1)]

31.—(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 32.

[1981, s. 18(2)]

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

[1981, s. 18(4); 1986, s. 10; 1987 (No. 2), s. 16(1)(a)]

(3) 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,

(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 1st day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 81(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,

(f) a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave,

(g) any two periods of incapacity for work separated by a period in respect of which an insured person is being paid by his employer in respect of holiday leave shall be treated as one period of incapacity for work.

[1981, s. 18(5)]

(4) Regulations may make provision (subject to subsection (3)) 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.

[1981, s. 18(6); 1987, s. 9(1)]

(5) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1981, s. 18(7); 1987 (No. 2), s. 16(1)(b)]

(6) A person who was in receipt of maternity benefit under section 37 on any of the 3 days prior to the day in respect of which a claim for disability benefit is made shall not be entitled to disability benefit for the first 3 days of incapacity for work in respect of such claim.

Conditions for receipt.

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

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

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

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

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

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

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

[1992, s. 32(1)]

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

[1981, s. 19(2)]

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

[1981, s. 19(3)]

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

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

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

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

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

[1992, s. 32(3)]

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

Rate of benefit.

[1981, s. 20]

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

Increases for adult and child dependants.

[1981, s. 21(1)]

34.—(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.

[1982, s. 2(2)]

(2) The weekly rate of disability benefit shall be increased by the appropriate 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.

[1985 (No.2), s. 4(1)]

(3) Any increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

Duration of payment.

[1991, s. 55(1); 1993, s. 12(1)]

35.—(1) Where a person—

(a) has qualifying contributions in respect of less than 260 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) during the period beginning on the date 1 year immediately prior to that day, 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.

[1993, s. 12(2)]

(2) In the case of any claim for disability benefit which was made before the 5th day of April, 1993 subsection (1)(b) shall be construed as if “3 years” were substituted for “1 year”.

[1991, s. 55(1A)]

(3) Notwithstanding subsection (1), where in any period a person has exhausted his entitlement to disability benefit he shall not requalify therefor unless he satisfies the conditions set out in subsection (4).

[1981, s. 22(2)]

(4) 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.

[1992, s. 33]

(5) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 36 shall be treated as though it were a period in respect of which disability benefit was paid.

[1981, s. 22(3)]

(6) 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:

Provided 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.

[1990, s. 32]

(7) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1)(b) of section 32 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.

[1987, ss. 8(2), 8(6)(b); 1993, s. 35(1)]

(8) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “156” were substituted for “260”.

[1987 (No. 2), ss. 8(1), 8(2); 1993, s. 35(2)]

(9) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced on or after the 6th day of April, 1987 and before the 4th day of January, 1988, subsection (1)(a) shall be construed as if “208” were substituted for “260”.

[1987 (No. 2), s. 8(3)]

(10) Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work commenced on or after the 4th day of July, 1988.

Disqualifications.

[1981, s. 23(1); 1986, s. 9(1)]

36.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 9 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.

[1981, s. 23(2)]

(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.

[1981, s. 23(3)]

(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 make a claim 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.

CHAPTER 8

Maternity Benefit

Entitlement to and duration of benefit.

[1992, s. 19(1)]

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

(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 is, immediately before the first day of maternity leave, an employed contributor, or it is certified by her employer that she may resume employment after the end of the period of maternity leave, where such employment is an employment specified in Part I of the First Schedule and is not an employment specified in Part II of that Schedule, and

(c) she satisfies the contribution conditions in section 38.

[1993, s. 8(1)]

(2) Regulations may provide for entitling to maternity benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of women who would be entitled thereto but for the fact that the conditions set out in subsections (1)(b) and (1)(c) are not satisfied.

[1992, s. 19(1)]

(3) In this Chapter “maternity leave” means the period for which maternity benefit is payable in accordance with paragraph (a) or (b) of subsection (4), as the case may be.

[1992, s. 19(1)]

(4) Subject to this Chapter, the period for which maternity benefit is payable shall be—

(a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act), or

(b) in the case of a woman not so entitled to maternity leave, the period of 14 consecutive weeks beginning on such day as she selects, being not later than 4 weeks before the end of the expected week of confinement and shall end on such day as she selects, being not earlier than 4 weeks after the end of the expected week of confinement, but—

(i) if the woman who is entitled to the benefit dies, the benefit shall not be payable for any subsequent week, or

(ii) if the date of confinement occurs after the expected week of confinement, the benefit shall, subject to subparagraph (i), be payable until the expiration of the 4th week after the week in which that date occurs:

Provided that, in any case where the date of confinement occurs after the expected date of confinement, the period for which maternity benefit is payable shall not exceed 18 weeks.

[1992, s. 19(1)]

(5) Regulations may modify subsections (1) and (4) 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.

[1992, s. 19(1)]

(6) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity benefit and, accordingly, the amount payable by way of such benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1992, s. 19(1)]

(7) For the purposes of subsection (4)(a), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.

[1992, s. 19(1)]

(8) Regulations may provide for requiring an employer to furnish such information as may be required for the purposes of determining a claim for maternity benefit.

Conditions for receipt.

[1992, s. 19(1)]

38.—(1) The contribution conditions for maternity benefit are—

(a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the 1st day of maternity leave, and

(ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the 1st day of maternity leave occurs or in a subsequent complete contribution year before the 1st day of maternity leave, or

(b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the 1st day of maternity leave.

[1992, s. 19(1)]

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

Rate of benefit.

[1992, s. 19(1)]

39.—(1) Subject to this Act, the weekly rate of maternity benefit shall be an amount equal to—

(a) 70 per cent. of the reckonable weekly earnings of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(b) such amount as shall be prescribed,

whichever is the greater.

[1992, s. 19(1)]

(2) The percentage specified in subsection (1)(a) may be varied by regulations having regard to—

(a) movements in the annual average earnings of women, and

(b) the imposition or variation of statutory deductions from or charges on earnings.

[1993, s. 8(2)]

(3) In this section “reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings and such other income as may be prescribed, received in a week up to such limit as may be prescribed.

Disqualifications.

[1992, s. 19(1)]

40.—Regulations may provide for disqualifying a woman for receiving maternity benefit if—

(a) during the period for which the benefit 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.

[1992, s. 19(1)]

41.—(1) In 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, and

(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.

[1992, s. 19(1)]

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act, 1987 ) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

CHAPTER 9

Unemployment Benefit

Entitlement to benefit.

[1992, s. 28(1)]

42.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part 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,

(b) he proves unemployment in the prescribed manner,

(c) he satisfies the contribution conditions in section 43, and

(d) he has sustained a substantial loss of employment in any period of 6 consecutive days.

[1992, s. 28(1)]

(2) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.

[1981, s. 29(2)]

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

[1981, s. 29(4); 1989, s. 28(1); 1993, s. 25(1)]

(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—

(i) he is capable of work,

(ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

(iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances,

(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.

[1986, s. 19(b); 1987, s. 11; 1990, s. 47(a)]

(5) Notwithstanding anything contained in subsection (4), any period, not exceeding 1 year in duration, of—

(a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,

(b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,

(c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,

(d) attendance at a training course provided or approved of by An Foras Áiseanna Saothair,

(e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,

(f) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme, or

(g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme,

shall be disregarded in treating, pursuant to subsection (4)(c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.

[1981, s. 29(5)]

(6) 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.

[1981, s. 29(6); 1987, s. 9(2)(a)]

(7) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1983, s. 6(1); 1987, s. 9(2)(b)]

(8) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which such benefit is paid and the number of days worked shall not exceed 5, and in such a case the amount payable by way of such benefit for any day of unemployment in that week shall, notwithstanding subsection (7), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

Conditions for receipt.

[1991, s. 19(1)]

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

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

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 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, and

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

[1987, ss. 8(4), 8(6)(d)]

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

[1981, s. 30(2)]

(3) 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 42(3), 47(1) or 47(4) have been so entitled then, as respects unemployment benefit, the benefit year which includes the 1st 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.

[1981, s. 30(3)]

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

[1991, s. 19(1)]

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

[1991, s. 19(1)]

(6) Regulations for the purposes of subsection (5) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1)(c) is satisfied.

Rate of benefit.

[1981, s. 31]

44.—Subject to this Act, the weekly rate of unemployment benefit shall be as set out in column (2) of Part I of the second Schedule .

Increases for adult and child dependants.

[1981, s. 32(1)]

45.—(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.

[1982, s. 2(3)]

(2) The weekly rate of unemployment benefit shall be increased by the appropriate 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.

[1985 (No. 2), s. 4(1)]

(3) Any increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

Duration of payment.

[1985 (No. 2), s. 6(a)]

46.—(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 subsection (3), 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.

[1981, s. 34(2)]

(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.

[1985 (No. 2), s. 6(b)]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years, have effect as if “390 days” were substituted for “156 days”.

[1981, s. 34(4); 1991, s. 49(1)]

(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 last 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.

[1981, s. 34(9)]

(5) 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:

Provided 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.

[1989, s. 14(2)]

(6) For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid.

[1992, s. 31(1)]

(7) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (4) of section 47 shall be treated as though it were a period in respect of which unemployment benefit was paid.

[1991, s. 49(2)]

(8) Where, in any period of interruption of employment, a person was in receipt of unemployment benefit on the 11th day of April, 1991 for more than 155 days, subsection (4)(a) shall be construed as if a reference to “since the 156th day for which he was entitled to that benefit” was substituted for the reference to “since the last day for which he was entitled to that benefit”.

Disqualifications.

[1981, s. 35(1); 1987 (No. 2), s. 13(1)]

47.—(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:

Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1981, s. 35(2)]

(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.

[1984AM, s. 2]

(3) A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1981, s. 35(3); 1992, ss. 29(1), 31(2)]

(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 9 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,

(b) has refused an offer of suitable employment,

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

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

(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,

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

[1981, s. 35(4)]

(5) 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.

[1981, s. 35(5)]

(6) 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 stoppage of work due to a trade dispute,

(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.

CHAPTER 10

Occupational Injuries Benefits

Preliminary

Interpretation.

[1981, s. 36]

48.—(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;

“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 54(7);

“disablement pension” has the meaning specified in section 54(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 54(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 72(1);

“occupational accident” has the meaning specified in section 69;

“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;

“relevant loss of faculty” means the loss of faculty resulting from the relevant injury;

“unemployability supplement” has the meaning specified in section 56(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.

[1981, s. 37(1)]

49.—(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.

[1981, s. 37(2)]

(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.

[1981, s. 38(1)]

50.—(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.

[1981, s. 38(2)]

(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.

[1981, s. 38(3); 1988, s. 29(a)]

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

(d) employment, otherwise than under contract of service, specified in paragraph 10 of Part I of the First Schedule .

[1981, s. 38(4)]

(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.

[1981, s. 38(6)]

(5) 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.

[1981, s. 38(7)]

(6) 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.

[1981, s. 38(8)]

(7) 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 .

[1981, s. 38(9)]

(8) 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.

[1981, s. 38(10)]

(9) 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).

[1993, s. 26(1)]

(10) A person who is unemployed shall, while in attendance at such course as may be prescribed and provided by such person as may be prescribed, be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment and to be employed by the person by whom the course is being provided.

[1984AM, s. 3]

(11) A person employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme shall be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment.

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

[1981, s. 39(1)]

51.—(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.

[1981, s. 39(2)]

(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, negligence or misbehaviour, or by steps taken in consequence of any such misconduct, negligence or misbehaviour 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 cause or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.

[1981, s. 39(3)]

(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.

[1986, s. 12]

(4) An accident happening to an insured person while travelling to or from his place of work shall, subject to such conditions as may be prescribed, be deemed for the purposes of this Part to arise out of and in the course of his employment.

[1981, s. 39(5)]

(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.

[1981, s. 39(6)]

(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 and accidents outside State.

[1981, s. 40(1)]

52.—(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 66, 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 non-compliance 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.

[1981, s. 40(2)]

(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.

[1981, s. 41]

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

Benefits

Injury benefit.

[1981, s. 42(1); 1991, s. 42(1); 1993, s. 38(1)]

53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of 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 an insured person shall not be entitled to injury benefit in respect of the first 3 such days.

[1986, s. 13(b)]

(2) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.

[1981, s. 42(3)]

(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.

[1981, s. 42(4)]

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

[1988, s. 24(1)]

(5) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1981, s. 42(6)]

(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.

[1981, s. 43(1); 1993, s. 38(1)]

54.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of 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 1 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 1 per cent.

[1981, s. 43(2)]

(2) Disablement benefit shall not be available to an insured person until after the 3rd 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.

[1981, s. 43(3)]

(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.

[1981, s. 43(4)]

(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.

[1981, s. 43(5)]

(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.

[1981, s. 43(6)]

(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.

[1981, s. 43(7); 1986, s. 21(1)]

(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.

[1986, s. 21(1)]

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

[1981, s. 43(9); 1986, s. 21(1); 1990, s. 39(1)]

(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 and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent., 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) the 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:

Provided 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,

(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.

[1990, s. 39(2)]

(10) In the case of any assessment of disablement where the period to be taken into account by the assessment commenced before the 1st day of May, 1990, subsection (9)(a) shall be construed as if the reference to “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.” were deleted.

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

[1981, s. 44(1)]

55.—(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.

[1982, s. 2(4)]

(2) The weekly rate of injury benefit shall be increased by the appropriate 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.

[1985 (No. 2), s. 4]

(3) Any increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1992, s. 38]

(4) Subsections (1), (2) and (3) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.

Increase of disablement pension on account of unemployability.

[1981, s. 45(1); 1993, s. 38(3)]

[1981, s. 45(2); 1981AM, s. 13]

56.—(1) Subject to this Act, 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.

(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 such amount as may be prescribed.

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

[1981, s. 45(3)]

(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.

[1981, s. 46(1)]

[1981, s. 46(2)]

57.—(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 amounts 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.

Adjustments for successive accidents.

[1981, s. 48(1)]

58.—(1) Where a person suffers 2 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 2 or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 54(8),

(b) 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.

[1981, s. 48(2)]

(2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 55, 56 and 57.

Entitlement to death benefit.

[1981, s. 49; 1993, s. 38(1)]

59.—Subject to this Act, where an insured person dies as a result of personal injury caused on or after the 1st day of 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 60 to 63.

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

60.—(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.

[1981, s. 50(1)] [1981, s. 50(2)]

(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.

[1981, s. 50(3)]

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

[1981, s. 50(4)]

(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 husband and wife.

[1981, s. 50(5)]

(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.

[1981, s. 50(6)]

(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.

[1981, s. 50(7)]

(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 .

[1981, s. 50(8)]

(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.

[1992, s. 16(1)]

(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate 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.

Death benefit — parents.

[1981, s. 51(1)]

61.—(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.

[1981AM, s. 14(2), 1990, s. 50(2)]

(2) Subject to subsections (3) and (4), the death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the second Schedule , increased, in the case of a person who has attained pensionable age, by the amount set out in column (7) of that Part I of the second Schedule where the beneficiary is living alone.

[1990, s. 50(1)]

(3) Subject to subsection (4), the weekly rate of pension payable to a parent shall be—

(a) at the reduced weekly rate, where the deceased was at death a married person,

(b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person—

(i) in any case where the parent is the father and 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,

(ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or

(iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband,

(c) at the reduced weekly rate in any other case.

[1990, s. 50(1)]

(4) Where a person, to whom the provisions of subparagraph (i) of subsection (3)(b) apply, 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 reduced weekly rate and, if at that time the provisions of subsection (3)(b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate.

[1990, s. 50(1)]

(5) In this section—

“reduced weekly rate” means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(i) in Part I of the second Schedule ;

“maximum weekly rate” means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(ii) in Part I of the second Schedule .

[1981, s. 51(4)]

(6) Where a parent was partly maintained by each of 2 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.

[1981, s. 51(5)]

(7) 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.

[1981, s. 51(6)]

(8) 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 husband and wife.

[1981, s. 51(7)]

(9) For the purposes of subsections (1) and (6) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1991, shall be taken as referring to the adopters or the adopter, and includes a step-parent.

Death benefit — orphans.

[1981, s. 52(1)]

62.—(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.

[1981, s. 52(2)]

(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 .

[1981, s. 52(3)]

(3) Section 109 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.

Death benefit — funeral expenses.

[1981, s. 53(1)]

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

[1981, s. 53(2)]

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

[1981, s. 53(3)]

(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.

[1981, s. 53(4)]

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

Supplements to workmen's compensation payments.

[1981, s. 55(1)]

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

(a) are or have been on or after the 1st day of 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.

[1981, s. 55(2)]

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

(a) are or have been on or after the 1st day of 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.

[1981, s. 55(3)]

(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.

[1981, s. 55(4)]

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

Cost of medical care.

[1981, s. 57(1); 1990, s. 23(2)]

65.—(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 Social Insurance 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 117.

[1981, s. 57(2)]

(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 117 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.

[1981, s. 57(3)]

(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—

(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.

[1981, s. 57(4)]

(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.

[1981, s. 57(5)]

(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.

[1981, s. 57(6)]

(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.

[1981, s. 57(7)]

(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.

[1981, s. 57(8)]

(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.

[1981, s. 57(9)]

(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 57 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

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

Prescribed Diseases

Insurance against prescribed diseases and injuries not caused by accident.

[1981, s. 54(1)]

66.—(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 the 1st day of May, 1967.

[1981, s. 54(2)]

(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.

[1981, s. 54(3)]

(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 the 1st day of 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.

[1981, s. 54(4)]

(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.

[1981, s. 54(5)]

(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.

[1981, s. 54(6)]

(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.

[1981, s. 54(7)]

(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.

[1981, s. 54(8)]

(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.

Occupational Accidents

Notice of accidents.

[1981, s. 58(1)]

67.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 65 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.

[1981, s. 58(2)]

(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 65 for such period as may be determined in accordance with the regulations.

Reporting of accidents by employers.

[1981, s. 59]

68.—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 65 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 65 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.

[1981, s. 60(1)]

69.—(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.

[1981, s. 60(2)]

(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.

[1981, s. 60(3)]

(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 Chief Appeals Officer within the prescribed time, be referred to an appeals officer.

[1981, s. 60(4)]

(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.

[1981, s. 60(5)]

(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 suspension of proceedings.

[1981, s. 61(1); 1986, s. 9(2)]

70.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 9 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.

[1981, s. 61(2)]

(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.

[1981, s. 62]

71.—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.

[1981, s. 63(1)]

72.—(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.

[1981, s. 63(3)]

(2) 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.

[1981, s. 64(1)]

73.—(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.

[1981, s. 64(2); 1990, s. 23(2)]

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

Research.

[1981, s. 66(1)]

74.—(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 66,

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.

[1981, s. 66(2)]

(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.

[1981, s. 66(3); 1990, s. 23(2)]

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

Taking of benefit into account in assessing damages.

[1981, s. 68(1)]

75.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 236 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 210, after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 57 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

[1981, s. 68(2)]

(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 deduction or limitation.

[1981, s. 68(3)]

(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 63 of this Act in respect of funeral expenses, resulting from that person's death.

[1989, s. 18(2)]

(4) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, there shall in assessing compensation be taken into account, against—

(a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries,

(b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (if the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his future career in that force, and

(c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries,

the value of any rights which have accrued or will probably accrue to him therefrom in respect of disablement benefit (disregarding any increase thereof under section 57 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

[1989, s. 18(2)]

(5) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, in assessing compensation under those Acts in respect of—

(a) a person's death, account may be taken of any death benefit by way of grant under section 63 of this Act in respect of funeral expenses, resulting from that person's death, and

(b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 65 of this Act, resulting from those injuries for the 5 years beginning with the time when the cause of action accrued.

[1989, s. 18(4)]

(6) Subsections (4) and (5) shall not apply to any proceedings instituted for compensation under the Garda Síochána (Com pensation) Acts, 1941 and 1945, before the 6th day of April, 1989.

Saver for repeal of Workmen's Compensation Acts.

[1981, s. 69]

76.—The Workmen's Compensation Acts, 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 the 1st day of May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 66, 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.

[1981, s. 70]

77.—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 11

Pay-Related Benefit

Interpretation.

[1981, s. 71]

78.—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.

Entitlement to benefit.

[1992, s. 34(1)(a),(5); 1993, s. 38(2)]

79.—(1) Subject to this Act, 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 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 19th day of unemployment in the period of interruption of employment, or

(b) is a day of incapacity for work which forms part of a period of interruption of employment in respect of incapacity for work which commenced before the 6th day of April, 1992, in respect of which the person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person).

[1992, s. 30]

(2) Notwithstanding subsection (1), a person engaged in—

(a) short-time employment, or

(b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:

Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that 4 week period,

shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.

Rate of benefit.

[1987, s. 7(1); 1993, s. 6]

80.—(1) The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be for any part of that period up to the 393rd day of unemployment (or in the case of a person to whom section 79(1)(b) applies, for any part of that period up to the 393rd day of incapacity for work), an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £80 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.

[1991, s. 16; 1992, s. 9; 1993, s. 6]

(2) In the case of any entitlement to pay-related benefit payable in respect of a period of interruption of employment where—

(a) the period of interruption of employment commenced before the 8th day of April, 1991, subsection (1) shall be construed as if “£72” were substituted for “£80”,

(b) the period of interruption of employment commenced on or after the 8th day of April, 1991 but before the 6th day of April, 1992, subsection (1) shall be construed as if “£75” were substituted for “£80”, and

(c) the period of interruption of employment commenced on or after the 6th day of April, 1992 but before the 6th day of April, 1993, subsection (1) shall be construed as if “£78” were substituted for “£80”.

Duration of payment.

[1992, s. 34(3)]

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

[1992, s. 34(3)]

(2) In calculating for the purposes of section 80 and this section whether, in a period of interruption of employment, a person has had a specified number of days of unemployment, account shall be taken of only the first 18 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purposes of section 80.

[1992, s. 34(1)(a), (5)]

(3) In subsection (2), day of unemployment shall be construed as including a day of incapacity for work in the case of a person to whom section 79(1)(b) applies.

Regulations.

[1981, s. 76(1); 1987, s. 10(1)]

82.—(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;

(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 multiples of other than 10p in the amounts;

(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;

(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 the 8th day of April, 1974, and ending on such date as may be specified in the regulations; and

(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.

[1984, s. 8]

(2) Notwithstanding section 79, the Minister may make regulations providing that, for the purposes of a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to such conditions as may be specified in the regulations, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment.

[1981, s. 76(2)]

(3) 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.

CHAPTER 12

Old Age (Contributory) Pension

Entitlement to pension.

[1981, s. 78(1)]

83.—(1) Subject to this Act, a person shall be entitled to old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 84.

[1992, s. 10(1)]

(2) In 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—

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

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 his attaining pensionable age;

“alternative 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 on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.

[1991, s. 27(1); 1993, s. 36(5)]

(3) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 84 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him.

[1991, s. 23(1)]

(4) For the purposes of this Chapter, in the case of a relevant person—

“entry into insurance” means, subject to section 83(7), in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17,

and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).

[1991, s. 23(1)]

(5) Notwithstanding subsection (4) regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for old age (contributory) pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 23(1)]

(6) Notwithstanding subsections (4) and (5), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

[1988, s. 13]

(7) For the purposes of this Chapter, in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is the more favourable to him, shall be regarded as the date of entry into insurance:

Provided that where a date other than that on which the claimant first entered into insurance is so regarded, that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).

Conditions for receipt.

[1981, s. 79(1); 1992, s. 10(2), (3)]

84.—(1) The contribution conditions for 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 or in the case of a person who attains pensionable age on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 79(2)]

(2) (a) In the case of a person who attained the age of 57 years before the 1st day of 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 the 1st day of 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 the 1st day of 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 the 1st day of 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.

[1981, s. 79(3)]

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

(b) A person who attained the age of 69 years before the 1st day of July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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.

[1981, s. 79(4)]

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

(b) A person who attained the age of 68 years before the 1st day of April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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.

[1981, s. 79(5)]

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

(b) A person who attained the age of 67 years before the 1st day of October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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.

[1981, s. 79(6)]

(6) Regulations may provide for modifications of the meaning of yearly average contained in section 83(2) or of the contribution conditions set out in this section.

[1992, s. 10(2)]

(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 10(2)]

(8) Regulations under 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 by reference to the yearly average so calculated, but any increase of that pension payable under section 87(1) or section 87(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1981, s. 79(9); 1991, s. 27(1)]

(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, in the case of a person who is not a relevant person, contributions paid by or in respect of a person during which such person is or was employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 )), 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.

[1981, s. 79(10)]

(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 the 3rd day of October, 1960, of any of the contribution conditions for old age (contributory) pension.

[1993, s. 36(3)]

(11) Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph be an employed contributor, his entry into insurance by virtue thereof 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 paragraph (a) of section 9(1).

[1988, s. 30(a); 1989, s. 25]

(12) Subject to subsection (13), regulations may provide for entitling to old age (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied where that person, having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act, 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.

[1988, s. 30(a)]

(13) Regulations for the purposes of subsection (12) 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.

[1991, ss. 23(2), 27(1); S.I. No. 312 of 1991 , A.4; 1993, s. 36(5)]

(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ).

[1991, s. 23(2); S.I. No. 312 of 1991 , A.4]

(15) Regulations for the purposes of subsection (14) shall provide that old age (contributory) pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) self-employment contributions paid by him, and

(iii) voluntary contributions paid by him,

reckonable for old age (contributory) pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph

(a) is not a multiple of £2, be increased to the next multiple of £2.

Disregard of self-employment contributions in certain cases.

[1993, s. 20]

85.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for old age (contributory) pension on or after the 6th day of April, 1993, he shall not be regarded as having satisfied the contribution conditions contained in section 84 unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20]

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

Rate of pension.

[1981, s. 80]

86.—Subject to this Part, the weekly rate 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).

[1981AM, s. 15(1)]

87.—(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 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.

[1982, s. 2(6)]

(2) The weekly rate of old age (contributory) pension shall be increased by the appropriate 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.

[1985 (No. 2), s. 4(1)]

(3) Any increase of old age (contributory) pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 81(4)]

(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 beneficiary is living alone.

[1990, s. 49(a)]

(5) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 13

Retirement Pension

Entitlement to pension.

[1981, s. 83(1)]

88.—(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 89.

[1981, s. 83(3)]

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

[1992, s. 11(1)]

(3) In 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—

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

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 his attaining the age of 65 years;

“alternative 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 on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.

[1991, s. 27(1); 1993, s. 36(5)]

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 89 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him.

[1991, s. 24(1)]

(5) For the purposes of this Chapter, in the case of a relevant person “entry into insurance” means in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 89(1).

[1991, s. 24(1)]

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for retirement pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 24(1)]

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

Conditions for receipt.

[1981, s. 84(1)]

89.—(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

[1992, s. 11(2), (3)]

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 84(2)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 88(3) or of the contribution conditions set out in this section.

[1981, s. 84(3)]

(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.

[1992, s. 11(2)]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 11(2)]

(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 by reference to the yearly average so calculated, but any increase of that pension payable under section 91(1) or section 91(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1991, s. 24(2); S.I. No. 312 of 1991 , A.4]

(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the

employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ).

[1991, s. 24(2); S.I. No. 312 of 1991 , A.4]

(7) Regulations for the purposes of subsection (6) shall provide that retirement pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by him,

reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.

Rate of pension.

[1981, s. 85]

90.—Subject to this Part, the weekly rate 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).

[1981AM, s. 15(2)]

91.—(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 the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1982, s. 2(7)]

(2) The weekly rate of retirement pension shall be increased by the appropriate 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.

[1985 (No. 2), s. 4]

(3) Any increase of retirement pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 86(4)]

(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 beneficiary has attained pensionable age and is living alone.

[1990, s. 49(b)]

(5) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 14

Survivor's Benefit

Entitlement to benefit.

[1981, s. 87(1); 1985 (No. 2), s. 8]

92.—(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 87(1) or 91(1) in respect of a period ending on such death, her husband shall be entitled to survivor's benefit:

Provided that he is incapable of self-support by reason of some mental or physical infirmity.

[1981, s. 87(2)]

(2) Survivor's benefit shall not be payable for any period after—

(a) the remarriage of the beneficiary, or

(b) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity.

[1981, s. 87(3)]

(3) A man shall be disqualified for receiving survivor's benefit if and so long as he and any other person are cohabiting as husband and wife.

[1981, s. 87(4)]

(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.

Rate of benefit.

[1981, s. 87(1); 1985 (No. 2), s. 8]

93.—Subject to this Act, the weekly rate of survivor's benefit shall be as set out in column (2) of Part I of the second Schedule .

Increases (including increases for child dependants).

[1981, s. 87(1); 1985 (No. 2), s. 8]

94.—(1) The weekly rate of survivor's benefit shall be increased by the appropriate 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.

(2) The weekly rate of survivor's benefit shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

(3) The weekly rate of survivor's benefit shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 15

Invalidity Pension

Entitlement to pension.

[1981, s. 88(1)]

95.—(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 96.

[1981, s. 88(3)]

(2) 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.

[1981, s. 88(4)]

(3) 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.

[1981, s. 89(1); 1987 (No. 2), s. 9(1)]

96.—(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 260 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.

[1993, s. 9(1)]

(2) In this section “relevant date” means—

(a) any date subsequent to the completion of 1 year of continuous incapacity for work, or

(b) such lesser period as may be prescribed, subject to such conditions and in such circumstances as may be prescribed,

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.

[1987, ss. 8(5), (6)(e); 1987 (No. 2), s. 9(2)]

(3) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced before the 6th day of April, 1987, or

(b) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987 but before the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “156” were substituted for “260”.

[1987, s. 8(6)(e); 1987 (No. 2), s. 9(2)]

(4) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987, and before the 4th day of January, 1988, or

(b) the period of entitlement to invalidity pension commenced on or after the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “208” were substituted for “260”.

[1987 (No. 2), s. 9(3)]

(5) Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work commences on or after the 7th day of July, 1988.

[1981, s. 89(3)]

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

Contributions paid under National Health Insurance Acts.

[1981, s. 89(4)]

97.—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.

Rate of pension.

[1981, s. 90]

98.—Subject to this Part, the weekly rate 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).

[1981, s. 91(1)]

99.—(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.

[1982, s. 2(8)]

(2) The weekly rate of invalidity pension shall be increased by the appropriate 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.

[1985 (No. 2), s. 4]

(3) Any increase of invalidity pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 91(4)]

(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 beneficiary has attained pensionable age and is living alone.

[1992, s. 5(3)]

(5) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 16

Widow's (Contributory) Pension

Entitlement to pension.

[1992, s. 12]

100.—(1) Subject to this Act, a widow shall be entitled to widow's (contributory) pension—

(a) if the contribution conditions set out in section 101 are satisfied by her or by her husband's insurance,

(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1) in respect of a period ending on his death, or

(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1), but for the receipt by that woman of an old age (non-contributory) pension or a blind pension or a carer's allowance in her own right, in respect of a period ending on his death.

[1981, s. 92(2)]

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

[1981, s. 92(3)]

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

[1981, s. 92(4)]

(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.

[1981, ss. 92(5), (6), 93(2)]

(5) In this Chapter—

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

“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;

“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.

[1981, s. 93(1)]

101.—(1) The contribution conditions for 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).

[1981, s. 93(3)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 100(5) or of the contribution conditions in this section.

[1981, s. 93(4)]

(3) Subject to subsection (4), 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.

[1981, s. 93(5)]

(4) Regulations for the purposes of subsection (3) 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 105(1) shall be the same as if that condition had been fully satisfied.

[1993, s. 36(4)]

(5) Where a person becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue thereof 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 paragraph (a) of section 9(1).

[1981, s. 93(7)]

(6) (a) Entitlement to 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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, has been awarded 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 the 1st day of 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.

[1981, s. 93(8)]

(7) (a) Entitlement to 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 the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, has been awarded 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 the 1st day of 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.

[1981, s. 93(9)]

(8) (a) Entitlement to 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 the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, has been awarded 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 the 1st day of 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.

[1988, s. 30(b)]

(9) Subject to subsection (10), regulations may provide for entitling to widow's (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .

[1988, s. 30(b)]

(10) Regulations for the purposes of subsection (9) 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 rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(b) is satisfied.

Determination of date of entry into insurance for certain self-employed contributors.

[1988, s. 14]

102.—For the purposes of section 101(1)(b), in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is more favourable, shall be regarded as the date of entry into insurance.

Disregard of self-employment contributions in certain cases.

[1993, s. 20(1)]

103.—(1) In the case of any claim for widow's (contributory) pension made on or after the 6th day of April, 1993, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to widow's (contributory) pension, the contribution conditions contained in section 101 shall not be regarded as having been satisfied unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20(1)]

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

Rate of pension.

[1981, s. 94]

104.—Subject to this Act, the weekly rate 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).

[1982, s. 2(9)]

105.—(1) The weekly rate of widow's (contributory) pension shall be increased by the appropriate 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.

[1981, s. 95(3)]

(2) 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 beneficiary has attained pensionable age and is living alone.

[1990, s. 49(c)]

(3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 17

Orphan's (Contributory) Allowance

Entitlement to allowance.

[1981, s. 96]

106.—Subject to this Act, orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 107 is satisfied.

Condition for receipt.

[1981, s. 97(1)]

107.—(1) The contribution condition for 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.

[1981, s. 97(2)]

(2) Regulations may provide for modifications of the contribution condition set out in this section.

Rate of allowance.

[1981, s. 98]

108.—Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the second Schedule .

Payment of allowance.

[1981, s. 99(1)]

109.—(1) Subject to subsection (2), orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.

[1981, s. 99(2)]

(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 18

Deserted Wife's Benefit

Entitlement to benefit.

[1981, s. 100(1); 1992, s. 25(1)(ae), (2)]

110.—(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) in the case of a claim made on or after the 31st day of August, 1992, does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,

(d) satisfies the contribution conditions in section 111, and

(e) satisfies such other conditions as may be prescribed.

[1992, s. 25(1)(b)]

(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 specified in regulations.

[ S.I. No. 237 of 1992 , A. 6(b)]

(3) A woman shall be disqualified for receiving deserted wife's benefit if and so long as she and any person are cohabiting as husband and wife.

[1981, s. 100 (4); 1992, s. 26(1)(a)]

(4) In this Chapter—

“relevant time” means—

(a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, 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 commenced living apart from her husband, the date on which she attained that age, or

(ii) the date on which she is determined to have commenced living apart from her husband;

“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 111(1)(b).

Conditions for receipt.

[1981, s. 101(1)]

111.—(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).

[1981, s. 101(3)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 110(4) or of the contribution conditions in this section.

[1992, s. 26(1)(b)]

(3) Subject to subsection (4), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that—

(a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 110(1)(c) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or

(b) the contribution condition set out in subsection (1)(b) is not satisfied.

[1992, s. 26(1)(b)]

(4) Regulations under subsection (3) 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—

(a) the claimant has an aggregate of reckonable income and reckonable earnings in excess of the amount prescribed for the purposes of section 110(1)(c) but not in excess of the amount prescribed for the purposes of this subsection, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and

(b) the contribution condition set out in subsection (1)(b) is satisfied,

but any increase of the benefit payable under section 113(1) shall be the same as if the conditions set out in section 110(1)(c) and in subsection (1)(b) had been fully satisfied.

[1981, s. 101(6)]

(5) (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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1981, s. 101(7)]

(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 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1981, s. 101(8)]

(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 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1988, s. 30(c)]

(8) Subject to subsection (9), regulations may provide for entitling to deserted wife's benefit a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .

[1988, s. 30(c)]

(9) Regulations for the purposes of subsection (8) 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)(ii) is satisfied.

Rate of benefit.

[1981, s. 102]

112.—Subject to this Part, the weekly rate 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).

[1982, s. 2(10)]

113.—(1) The weekly rate of deserted wife's benefit shall be increased by the appropriate 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.

[1981, s. 103(3)]

(2) 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 beneficiary has attained pensionable age and is living alone.

[1990, s. 49(d)]

(3) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 19

Death Grant

Entitlement to grant.

[1981, s. 107(1)]

114.—(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 115 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

[1981, s. 108(2)]

(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,

(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 3(5), 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 section 115(1)(b)(ii).

[1981, s. 107(2)]

(3) In this Chapter and in Part V of the second Schedule “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.

[1981, s. 108(1)]

115.—(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 the 1st day of 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 the 1st day of 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.

[1981, s. 108(3)]

(2) Regulations may provide for modifications of the contribution conditions for receipt of death grant.

[1981, s. 108(4)]

(3) Subject to subsection (4), regulations may provide for entitling to 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.

[1981, s. 108(5)]

(4) Regulations under subsection (3) shall provide that death grant payable by virtue thereof shall be of an amount less than that specified in Part V 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.

[1981, s. 108(6)]

(5) Regulations may provide for modifications of the contribution conditions for death grant in the case of a person who was an insured person on the 1st day of 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 22(1)(b)(ii).

Amount of grant.

[1981, s. 109]

116.—Subject to this Act, the amount of death grant shall be as set out in column (2) of Part V of the second Schedule .

CHAPTER 20

Treatment Benefit

General provisions as to benefit.

[1981, s. 110(1)]

117.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.

[1981, s. 110(2)]

(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) optical treatment and appliances,

(c) hearing aids,

(d) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.

[1981, s. 110(3)]

(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.

[1981, s. 110(4)]

(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.

[1981, s. 110(5)]

(5) The Minister may by order appoint a day to be the day on which this section expires.

PART III

SOCIAL ASSISTANCE

CHAPTER 1

Description of Social Assistance

Description of assistance.

118.—(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—

[1981, s. 134(1); 1988, s. 28(1)(a); 1990, ss. 13, 18(1)]

(a) unemployment assistance,

(b) pre-retirement allowance,

(c) old age (non-contributory) pension,

(d) blind pension,

(e) widow's and orphan's (non-contributory) pensions,

(f) deserted wife's allowance,

(g) prisoner's wife's allowance,

(h) lone parent's allowance,

(i) carer's allowance, and

(j) supplementary welfare allowance.

[1981, s. 134(2)]

(2) Assistance shall be paid out of moneys provided by the Oireachtas.

CHAPTER 2

Unemployment Assistance

Interpretation.

[1992, s. 27(1); 1993, s. 39(6)]

119.—(1) In this Chapter—

“beneficiary” means a person entitled to unemployment assistance;

“weekly means” shall be the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

[1992, s. 27(1)]

(2) In this Chapter references to means shall be construed as references to means as calculated in accordance with the Rules contained in Part I of the Third Schedule .

[1992, s. 27(6)]

(3) Where, immediately before the 29th day of July, 1992, a person was entitled to or in receipt of unemployment assistance, any decision by a deciding officer or an appeals officer in relation to the means of that person for the purposes of his qualifying for a qualification certificate shall be deemed to be a decision under section 120(1)(f).

Entitlement to assistance.

[1992, s. 27(1); 1993, s. 25(2)]

120.—(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if—

(a) he has attained the age of 18 years and has not attained pensionable age,

(b) he proves unemployment in the prescribed manner,

(c) he is capable of work,

(d) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and, subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment,

(e) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances, and

(f) he satisfies the conditions as to means specified for the purposes of this Chapter.

[1992, s. 27(1)]

(2) (a) A person shall not be entitled to unemployment assistance for the first 3 days of unemployment in any continuous period of unemployment.

(b) No unemployment assistance shall be paid for any period less than 1 day.

(c) For the purposes of this section, any period prior to the relevant date of application for unemployment assistance shall not be reckoned as, or as part of, a continuous period of unemployment.

(d) Any period during which a person is disqualified for receiving unemployment assistance shall not be reckoned in the computation of any continuous period of unemployment of such person.

[1992, s. 27(1)]

(3) 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 52 weeks shall be treated as one continuous period of unemployment, and references in this Chapter to being continuously unemployed or continuous unemployment shall be construed accordingly.

[1992, s. 27(1)]

(4) Sunday shall not be treated as a day of unemployment and shall be disregarded in computing any period of consecutive days.

[1992, s. 27(1)]

(5) Notwithstanding subsection (3), any period of continuous—

(a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,

(b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,

(c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,

(d) attendance at a training course provided or approved by An Foras Áiseanna Saothair,

(e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,

(f) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,

(g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme, or

(h) participation in, employment under or attendance at a prescribed scheme or course,

shall be disregarded in treating, pursuant to subsection (3) of this section, any two continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.

[1992, s. 27(1)]

(6) Regulations may make provision as to the days which are or are not to be treated for the purposes of unemployment assistance as days of unemployment.

[1992, s. 27(1)]

(7) Subsection (2) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 52 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 46, exhausted his entitlement to such benefit, or

(b) if the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 43(1)(b).

[1992, s. 27(1)]

(8) The amount payable by way of unemployment assistance for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

Rates of assistance and effect of means on rates.

121.—(1) Subject to this section and to sections 122 and 124, the rate (in this Chapter referred to as “the scheduled rate”) of unemployment assistance shall be—

[1992, s. 27(1); 1993, s. 39(6), (7)]

(a) in the case of a person who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, the weekly rate set out in column (2) at reference 1(a) in Part I of the Fourth Schedule ,

(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part I of the Fourth Schedule ,

increased by—

(i) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and

(ii) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the claimant or beneficiary.

[1992, s. 27(1); 1993, s. 39(7)]

(2) Unemployment assistance shall be payable where—

(a) the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) such weekly means exceed £1, at the scheduled rate, reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1:

Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no unemployment assistance shall be payable.

[1992, s. 27(1); 1993, s. 39(7)]

(3) Notwithstanding paragraph (c) of subsection (2), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under Rule 1(5) of Part I of the Third Schedule and where the rate of assistance payable to or in respect of such claimant, as calculated in accordance with paragraph (c) of subsection (2), would be a weekly amount which is 10p or more, but less than £5, such person shall be entitled to payment of unemployment assistance at the weekly rate of £5.

[1992, s. 27(1)]

(4) (a) In subsection (3) “couple” means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as husband and wife.

(b) For the purposes of Rule 1(5) of Part I of the Third Schedule , when applied to subsection (3), “spouse” means each person of a couple in relation to the other.

[1992, s. 27(1)]

(5) In the application of the provisions of subsection (2) in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding, in such manner as may be prescribed, any part of the weekly means of a claimant or beneficiary up to an amount not exceeding £2.

[1992, s. 27(1)]

(6) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (5) providing for weekly means of up to £2 in the case of certain persons or classes of persons to be disregarded, apply the provisions of subsection (2) to such persons or classes of persons at any time.

[1992, s. 27(1)]

(7) Any regulations made under subsection (5) may apply to the whole State or to a specified part or parts of the State.

Total amount payable to couple.

[1992, s. 27(1)]

122.—(1) In the case of a couple, both of whom are entitled to be paid unemployment assistance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.

[1992, s. 27(1)]

(2) Where the spouse of a claimant for unemployment assistance is not an adult dependant, the unemployment assistance payable to the claimant shall be at a rate equal to the scheduled rate reduced by £1 for every £2 or part of £2 of his means.

[1992, s. 27(1)]

(3) Subsection (2) shall not apply in any case where the spouse is living apart from the claimant.

[1992, s. 27(1)]

(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of unemployment assistance, whichever is the greater (in this subsection referred to as “the greater amount”), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and the benefit, pension or unemployment assistance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.

[1992, s. 27(1)]

(5) In this section “couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

[1992, s. 27(1)]

(6) In subsection (4) “spouse” means each person of a couple in relation to the other.

[1993, s. 15(1)]

(7) For the purposes of this section, a reference to “unemployment assistance” shall be construed as including a reference to pre-retirement allowance.

Certain claims.

[1989 (No. 2), s. 2(1)]

123.—(1) A person who, on or after the 9th day of May, 1989, claims or has claimed, in respect of a period before the 7th day of June, 1989, unemployment assistance of an amount to which he would not be entitled if section 122 were applicable shall be entitled to be paid such assistance only in accordance with section 122.

[1989 (No. 2), s. 2(2)]

(2) (a) A person who has not, before the 9th day of May, 1989, specifically claimed, in respect of a period before the 7th day of June, 1989, any additional amount for unemployment assistance being an amount to which he would not be entitled if section 122 were applicable shall not be entitled to be paid the additional amount.

(b) In paragraph (a) of this subsection “claimed” means claimed in writing from the Minister or claimed in proceedings instituted against the Minister in any court.

[1989 (No. 2), s. 3]

(3) An amount properly paid to any person before the 7th day of June, 1989 by way of unemployment assistance which as a result of the Social Welfare (No. 2) Act, 1989 would be recoverable by the Minister shall not be so recoverable.

Amount of increases payable in respect of qualified child in certain cases.

[1992, s. 27(1)]

124.—(1) Any increase of unemployment assistance payable pursuant to subparagraph (ii) of section 121(1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseof the claimant or beneficiary is not an adult dependant, and subparagraph (ii) of section 121(1)(b) shall be construed and have effect accordingly.

[1992, s. 27(1)]

(2) In calculating the amount of unemployment assistance which, pursuant to this section, is payable at one-half of the appropriate amount, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.

Disqualifications.

[1992, s. 27(1)]

125.—(1) A person shall be disqualified for receiving unemployment assistance while he is—

(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,

(b) entitled to or in receipt of unemployment benefit under Part II, or

(c) employed during any week under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1992, s. 27(1)]

(2) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is entitled to or in receipt of unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.

[1992, s. 27(1)]

(3) 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 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:

Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1992, s. 27(1)]

(4) 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 of the same premises or at the same place, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

[1992, s. 27(1)]

(5) A person shall be disqualified for receiving unemployment assistance for such period as may be determined by a deciding officer, but in any case not exceeding 9 weeks, if he—

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

(b) has refused an offer of suitable employment,

(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair 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.

[1992, s. 27(1)]

(6) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

[1992, s. 27(1)]

(7) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

Disqualifications (continued).

[1993, s. 14(1)]

126.—(1) A person shall not be entitled to receive unemployment assistance while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

(2) In this section—

“academic year” means a period in which a course of study commences in one year and finishes in the next following year and includes term vacations;

“a course of study” means, subject to subsection (3), a full-time day course of study, instruction or training at an institution of education;

“institution of education” means—

(a) a school,

(b) a university,

(c) a college of a university,

(d) any institution which the Minister for Education has designated in regulations made pursuant to section 1 of the Higher Education Authority Act, 1971 , as an institution of higher education for the purposes of that Act,

(e) any institution to which the National Council for Education Awards Act, 1979, applies,

(f) any institution established under the Regional Technical Colleges Act, 1992 ,

(g) any institution incorporated under the Dublin Institute of Technology Act, 1992 ,

(h) any institution which is not an institution for the purposes of paragraphs (a) to (g) and to which the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, apply, or

(i) such other institution as may be prescribed.

[1993, s. 14(1)]

(3) For the purposes of this section, a person shall be regarded, subject to regulations made under subsection (1), as attending a course of study—

(a) for the period of 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education, (whichever is the later),

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the commencement of the following academic year.

CHAPTER 3

Pre-Retirement Allowance

Entitlement to allowance.

[1988, s. 28(1)(b); 1993, s. 38(2); S.I. No. 76 of 1990 , As. 5, 6]

127.—(1) Subject to this Act an allowance (in this Chapter referred to as “pre-retirement allowance”) shall, subject to regulations, be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) who has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days for any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3),

(c) whose weekly means, subject to subsection (2), calculated in accordance with the Rules contained in Part I of the Third Schedule do not exceed the amount of pre-retirement allowance set out in column (2) in Part I of the Fourth Schedule , increased by so much of the amount set out in the said Part as would be payable to him if he had an adult or child dependant.

[1988, s. 28(1)(b); S.I. No. 76 of 1990 , As. 5, 6]

(2) Where the spouse of a claimant for pre-retirement allowance is not his adult dependant, the means of the claimant shall be taken to be one-half the means calculated in accordance with the Rules contained in Part I of the Third Schedule .

Rate of allowance (including increases for adult and child dependants).

128.—(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by—

[1989, s. 24(1)(b); 1993, s. 15(2)]

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1989, s. 24(1)(b); 1990, s. 40; S.I. No. 76 of 1990 , A.7]

(2) Pre-retirement allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is—

(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and

(ii) less than 10p, the allowance shall not be payable.

[ S.I. No. 76 of 1990 , A.8(1)]

(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not an adult dependant and paragraph (b) of subsection (1) shall be construed and have effect accordingly.

Regulations.

[1988, s. 28(1)]

129.—The Minister may make regulations for the purpose of giving effect to this Chapter and such regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the age for the purposes of section 127(1)(a),

(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,

(c) vary the weekly rate of pre-retirement allowance under section 128, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of such regulations.

Integration of single woman's allowance scheme with pre-retirement allowance scheme.

[1992, s. 37(2)]

130.—(1) Notwithstanding this Chapter and regulations made hereunder, where, immediately before the 5th day of November, 1992 (in this Chapter referred to as “the appointed day”) a woman, who had not attained pensionable age, was in receipt of single woman's allowance, pre-retirement allowance shall be payable to her from the appointed day at the same rate as the said single woman's allowance which was payable to her immediately before the said day:

Provided that she continues to satisfy the conditions as to means in accordance with section 127(1)(c).

[1992, s. 37(3)]

(2) For the purposes of subsection (1) a woman who was in receipt of single woman's allowance immediately before the appointed day shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b).

[1992, s. 37(4)]

(3) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the appointed day shall be deemed to be a decision to award pre-retirement allowance to such person on and from the said day.

[1992, s. 37(2)]

(4) In this Chapter a reference to “single woman's allowance” means single woman's allowance which was payable by virtue of section 198 (repealed by section 37 of the Social Welfare Act, 1992 ) of the Social Welfare (Consolidation) Act, 1981 , and regulations made thereunder.

Single woman's allowance — transitional provisions.

[1992, s. 37(5)]

131.—(1) Where, immediately before the appointed day, a woman had applied for a single woman's allowance, and that application had not been finally determined, pre-retirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for section 37 of the Social Welfare Act, 1992 , would have been payable to her.

[1992, s. 37(6)]

(2) Where, on the appointed day, a single woman was of or over the age of 56 years and under the age of 58 years, she shall, if she had not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b),

when she attains the age of 58 years.

CHAPTER 4

Old Age (Non-Contributory) Pension

Interpretation.

[1981, s. 157]

132.—In this Chapter—

“spouse” means, subject to section 3(12), each person of a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

“weekly means” shall be the yearly means divided by 52.

Entitlement to pension.

[1981, s. 158(1); 1993, s. 38(5)]

133.—Subject to this Act, every person in whose case the conditions laid down by this Chapter for the receipt of an old age (non-contributory) 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.

Statutory conditions.

[1981, s. 159(1); 1984, s. 22]

134.—The statutory conditions for the receipt of an old age (non-contributory) pension by any person are—

(a) the person must have attained pensionable age; and

(b) the means of the person as calculated in accordance with the Rules contained in Part II of 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 136.

Special conditions for receipt of pension.

[1981, s. 160]

135.—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 87(1) and would but for section 139 be qualified for the receipt of an old age (non-contributory) pension—

(a) the person may, notwithstanding anything contained in the said section 139, be paid the old age (non-contributory) 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 (non-contributory) 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.

Rate of pension and increases for child dependants.

[1990, s. 6(2)]

136.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of old age (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1981, s. 161(2); 1982, s. 4(1)]

(2) The pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

Increases (including increase for one of a couple).

[1981, s. 162(1); 1985 (No. 2), s. 15; 1992, s. 17(b)]

137.—The weekly rate of old age (non-contributory) pension payable in accordance with section 136 shall be increased—

(a) by the amount calculated in accordance with Part II of the Fourth Schedule where the beneficiary is living with, or is wholly or mainly maintaining, his spouse and the spouse is not in receipt of any benefit, pension, assistance or allowance under Part II or this Part, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(c) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

Amount of increases payable in respect of qualified child normally resident with beneficiary.

[1985 (No. 2), s. 14]

138.—The increase payable pursuant to subsection (1) of section 136 in respect of a qualified child who normally resides with the beneficiary and the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act or to disabled person's maintenance allowance.

Disqualifications.

[1981, s. 163(4)]

139.—(1) Except as provided in section 135, receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age (non-contributory) pension.

[1981, s. 163(5)]

(2) A person to whom benefit under section 92 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 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the said benefit under the said section 92 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age (non-contributory) pension.

[1981, s. 163(6)]

(3) 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 135, be disqualified for receiving old age (non-contributory) pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

Pensions of persons in certain mental institutions.

[1981, s. 171(1)]

140.—(1) Subject to subsection (2), the whole of any amounts payable on foot of old age (non-contributory) 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.

[1981, s. 171(2)]

(2) Where the old age (non-contributory) 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.

CHAPTER 5

Blind Pension

Entitlement to pension.

[1984, s. 26; 1993, s. 38(6)]

141.—(1) Subject to this Act, 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 Chapter 4 he would be entitled to receive if he had attained pensionable age; and the provisions of Chapter 4 shall apply in all respects in the case of such person subject to the modification that, for the statutory condition contained in section 134(a) there shall be substituted the conditions that the person must be a person who has attained the age of 18 years and that he is so blind that he either cannot perform any work for which eyesight is essential or cannot continue his ordinary occupation.

[1981, s. 175(2)]

(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 6

Widow's and Orphan's (Non-Contributory) Pensions

Interpretation.

[1981, s. 176(1)]

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

“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, as the case may require;

means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule ;

“weekly means” shall be the yearly means divided by 52.

[1981, s. 176(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.

Entitlement to pension.

[1981, s. 177(1)]

143.—(1) Subject to this Act, widow's (non-contributory) pension shall be payable to a widow.

[1981, s. 177(2)]

(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 widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.

[1981, s. 177(3)]

(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.

Rate of pension.

[1982, s. 3(4); 1990, s. 13]

144.—(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 .

[1981, s. 178(2); 1982, s. 4(1)]

(2) A widow's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

Increases.

[1981, s. 179]

145.—The weekly rate of pension payable in accordance with section 144 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

Disqualifications.

[1981, s. 180(4)]

146.—A widow shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of widow's (non-contributory) pension.

Provisions against double pensions.

[1981, s. 181(1)]

147.—(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 209.

[1981, s. 181(2)]

(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

Entitlement to pension.

[1981, s. 182(1)]

148.—(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

[1981, s. 182(2)]

(2) Not more than one pension shall be payable in respect of any one orphan.

[1981, s. 182(3)]

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 105(1) or 159(1) is claimable.

Rate of pension.

[1981, s. 183(a); 1982, s. 4(2); 1990, s. 41(2)]

149.—(1) The weekly rate (in this Chapter referred to as “the scheduled rate”) of orphan's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule .

(2) An orphan's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2 at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

Civil proceedings.

[1981, s. 188(6)]

150.—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.

Payment of pension.

[1981, s. 191(1)]

151.—(1) Subject to this section, orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.

[1981, s. 191(2)]

(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.

CHAPTER 7

Deserted Wife's Allowance

Entitlement to allowance.

[1981, s. 195(1); 1990, s. 13; 1993, s. 38(7); S.I. No. 272 of 1990 , A.13(1)]

152.—(1) Subject to this Act and regulations, deserted wife's allowance shall be paid to a woman who—

(a) has been deserted by her husband,

(b) is 40 years of age or over, and

(c) satisfies the conditions as to means calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1981, s. 195(2)]

(2) The rate of 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 6 if she were a widow.

Regulations.

[1981, s. 195 (4)(a)]

153.—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, specify the circumstances in which a woman is to be regarded for the purposes of this Chapter as having been deserted by her husband.

Disqualification.

[ S.I. No. 272 of 1990 , A.30]

154.—A deserted wife shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of deserted wife's allowance.

CHAPTER 8

Prisoner's Wife's Allowance

Entitlement to allowance.

[1981, s. 196(1); 1990, s. 13; 1993, s. 38(8); S.I. No. 272 of 1990 , A. 15(1)]

155.—(1) Subject to this Act and regulations, prisoner's wife's allowance shall 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 months,

(b) who is 40 years of age or over, and

(c) who satisfies the conditions as to means calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1981, s. 196(2)]

(2) The rate of 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 6 if she were a widow.

[1981, s. 196(3)]

(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.

Disqualification.

[ S.I. No. 272 of 1990 , A.30]

156.—A prisoner's wife shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of prisoner's wife's allowance.

CHAPTER 9

Lone Parent's Allowance

Interpretation.

[1990, s. 12 (1)]

157.—(1) In this Chapter—

“lone parent” means, subject to regulations under section 162—

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, or

(e) a person whose spouse has been committed in custody to a prison or place of detention for a period of not less than 6 months,

who has at least one qualified child normally residing with that person;

“allowance” means a lone parent's allowance;

“weekly means” means the yearly means divided by 52.

[1990, s. 12(1)]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule , and

(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife.

Entitlement to allowance.

[1990, s. 12(1)] [1990, s. 12(1)]

158.—(1) Subject to this Act, lone parent's allowance shall be payable to a lone parent.

(2) A lone parent's allowance payable to a lone parent shall, subject to this Act, continue to be payable unless the lone parent marries or remarries, as the case may be, and in such a case the allowance shall cease as and from the date of marriage or remarriage, as the case may be.

Rate of allowance and increases for child dependants.

[1990, s. 12(1)]

159.—(1) The rate (in this section referred to as “the scheduled rate”) of lone parent's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 12(1)]

(2) A lone parent's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.

[1992, s. 43]

(3) The weekly rate of lone parent's allowance shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.

Disqualification.

[1990, s. 12(1)]

160.—A lone parent shall not, if and so long as he and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of an allowance.

Prisoners' spouses.

[1990, s. 12(1)]

161.—In the case of a person who qualifies for an allowance by virtue of being a prisoner's spouse, such 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.

Regulations.

[1990, s. 12(1)]

162.—The Minister shall make regulations in relation to lone parent's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse, and

(b) a person is to be regarded as being an unmarried person.

CHAPTER 10

Carer's Allowance

Interpretation.

[1990, s. 17; 1992, s. 36]

163.—(1) Subject to this Act, in this Chapter—

“carer” means a person who resides with and provides full-time care and attention to a relevant pensioner;

“prescribed relative” means a prescribed relative within the meaning of the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 ( S.I. No. 361 of 1989 );

“prescribed relative allowance” means an increase for a prescribed relative under section 50 (11), 51 (2)(a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1)(a) or 179 (a) of the Social Welfare (Consolidation) Act, 1981 or under regulations applying the provisions of section 179(a) of that Act;

“relevant pensioner” means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 57) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension,

(iv) blind pension,

(v) disabled person's maintenance allowance, or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State or under such a reciprocal arrangement, or

(c) who has attained pensionable age and is in receipt of—

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

(vi) widow's (non-contributory) pension,

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238;

“weekly means” means the yearly means divided by 52.

[1990, s. 17]

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1991, s. 8(1)(b)]

(3) For the purposes of subsection (1), a relevant pensioner shall be regarded as requiring full-time care and attention where—

(a) he is so disabled or invalided that he requires from another person—

(i) continual supervision in order to avoid danger to himself, or

(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and

(b) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.

Entitlement to allowance.

[1990, s. 17; 1993, s. 38(2)]

164.—Subject to this Act, an allowance (in this Act referred to as “carer's allowance”) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

Rate of allowance.

[1990, s. 17]

165.—(1) The rate, (in this Chapter referred to as “the scheduled rate”) of carer's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 17]

(2) A carer's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.

[1991, s. 8(2)]

(3) Notwithstanding subsection (2), where, immediately before the 1st day of November, 1990, a prescribed relative allowance was being paid to or in respect of a claimant for a carer's allowance, the carer's allowance shall be paid at a weekly rate corresponding to the rate of prescribed relative allowance specified in column (5) of Part I of the Fourth Schedule , unless the weekly rate of carer's allowance as calculated in accordance with subsection (2) payable to that claimant is greater than the said specified rate, in which case the greater amount shall be paid.

[1990, s. 17]

(4) Any increase in carer's allowance payable pursuant to subsection (1) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at one-half of the appropriate amount.

Payment of allowance.

[1990, s. 17]

166.—Notwithstanding the provisions of this Chapter, only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant pensioner.

Prescribed relative allowance.

[1981, ss. 50, 51, 81, 86, 91, 95, 103, 162, 179, 195, 196, 198K; 1981AM, s. 14(1); 1982, s. 7; 1990, s. 17]

167.—(1) A prescribed relative allowance which, by virtue of the provisions of the Social Welfare (Consolidation) Act, 1981 , and regulations made under or applying the provisions of that Act, is payable immediately before the commencement of this Act shall, subject to section 168, continue to be paid at the rate set down in column (6) of Part I of the second Schedule or column (5) of Part I of the Fourth Schedule , as appropriate, for as long as—

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

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

(c) the conditions contained in the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 ( S.I. No. 361 of 1989 ), continue to be fulfilled.

(2) The Social Welfare (Prescribed Relative Allowance) Regulations, 1989, ( S.I. No. 361 of 1989 ), shall continue to have effect for the purposes of this section.

Entitlement to prescribed relative allowance.

[1990, s. 17]

168.—(1) A prescribed relative allowance shall cease to be paid to a relevant pensioner or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer's allowance.

[1990, s. 17]

(2) Notwithstanding anything contained in this Act, a prescribed relative allowance shall not be paid where a claim for such allowance is made on or after the 1st day of November, 1990.

Regulations.

[1990, s. 17]

169.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

[1990, s. 17; 1991, s. 8(3)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for amounts paid in respect of prescribed relative allowance on or after the 1st day of November, 1990 to be treated as payment on account of carer's allowance,

(b) provide for—

(i) entitling to carer's allowance such class or classes of person as may be prescribed who would be entitled thereto but for the fact that the conditions as to means as calculated in accordance with the Rules contained in Part II of the Third Schedule are not satisfied, or

(ii) entitling to carer's allowance at a rate higher than that calculated in accordance with subsection (2) of section 165 such class or classes of person as may be prescribed,

and the rate of allowance so payable may vary in accordance with the claimant's means.

CHAPTER 11

Supplementary Welfare Allowance

Interpretation.

[1981, s. 199; 1985 (No. 2), s. 16; 1993, s. 39(6)]

170.—In this Chapter—

“the Act of 1939” means the Public Assistance Act, 1939 ;

“adult dependant” means—

(a) the spouse of the beneficiary who is being wholly or mainly maintained by him, or

(b) a person over the age of 16 years being wholly or mainly maintained by the beneficiary and having the care of one or more than one qualified child who normally resides with the beneficiary where the beneficiary is—

(i) a single person,

(ii) a widow,

(iii) a widower, or

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

“child dependant” means, in relation to a beneficiary any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent on that beneficiary 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 ;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

Entitlement to supplementary welfare allowance.

[1981, s. 200; 1993, s. 38(2)]

171.—Subject to this Act, 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.

[1993, s. 14(3)]

172.—(1) A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 126.

[1981, s. 201(2)]

(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.

[1981, s. 201(3)]

(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.

[1981, s. 202(1)]

173.—(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.

[1981, s. 202(2)]

(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.

[1981, s. 202(3)]

(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.

[1981, s. 203(1)]

174.—(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.

[1987 (No. 2), s. 13(3)]

(2) Subsection (1) shall not apply to any person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1981, s. 203(3)]

(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.

Administration. [1981, s. 204(1)]

175.—(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.

[1981, s. 204(2)]

(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.

[1981, s. 204(3)]

(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.

Conditions for grant of supplementary welfare allowance.

[1981, s. 206]

176.—A health board may, subject to regulations made by the Minister under section 188, 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.

[1981, ss. 207 (1), 210(1)]

177.—(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 179, be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 178, or

(ii) in the case of a person who has means, the amount calculated in accordance with section 178 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 for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part III of the Third Schedule .

[1981, s. 207(2); 1991, s. 45(1)]

(2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—

(a) where—

(i) a husband and wife, or

(ii) a man and woman who are not married to each other but are cohabiting as 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 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 indetermining 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.

178.—(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 179, 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—

[1981, s. 208(1); 1982, s. 3(5)(a)]

(a) the amount set out in column (3) of that Part for any period during which the beneficiary has an adult dependant, and

(b) the appropriate amount set out in column (4) of that Part in respect of each child dependant.

[1982, s. 3(5)(b)]

(2) For the purposes of this section, the definition of adult dependant in section 170 and column (4) of Part I of the Fourth Schedule shall be construed as if “child dependant” were substituted for “qualified child”.

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

[1981, s. 209(1)]

179.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 177, 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.

[1981, s. 209(2)]

(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.

[1981, s. 209(3)]

(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.

Allowances in kind.

[1981, s. 211(1)]

180.—(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.

[1981, s. 211(2)]

(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.

[1981, s. 211(3)]

(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.

[1981, s. 212]

181.—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.

[1981, s. 213(1)]

182.—(1) Nothing in section 172, 173 or 174 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 176 to 179 and Part III of the Third Schedule or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

[1981, s. 213(2)]

(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.

Supplementary welfare allowance granted to persons in receipt of certain health board payments.

[1990, s. 38]

183.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person and disabled person's maintenance allowance or infectious diseases maintenance allowance, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part thereof) for which supplementary welfare allowance was paid, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of such person if either of the said allowances, including any increase thereof, had been paid during such period,

such excess supplementary welfare allowance shall be treated as payment on account of the said allowances.

Recoupment of supplementary welfare allowance.

[1992, s. 46]

184.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as “relevant payment”), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of such relevant payment, and

(c) the health board has certified to the Minister the amount (in this section referred to as “the excess”) so paid in excess in respect of the said period by such health board,

the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.

Arrangements for burials.

[1981, s. 216(1)]

185.—(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.

[1981, s. 216(2)]

(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.

[1981, s. 216(3)]

(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.

[1981, s. 216(4)]

(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.

[1981, s. 217]

186.—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.

[1981, s. 218(1)]

187.—(1) Every local authority which, immediately before the 1st day of 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 the 31st day of 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 the 31st day of 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 the 31st day of December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

[1981, s. 218(1)]

(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.

[1981, s. 218(3)]

(3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before the 1st day of July, 1977, were public assistance authorities having their functional areas in the functional area of the health board.

[1981, s. 218(4)]

(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.

[1981, s. 218(5)]

(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 186.

[1981, s. 218(6)]

(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.

[1981, s. 218(7)]

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 185.

[1983, s. 15(a)]

(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 and costs of administration of that allowance as is not met by income under this section.

[1986, s. 18(2)(a)]

(9) Notwithstanding any other provision of this section—

(a) the total amount to be paid under subsection (1) by all local authorities referred to in that subsection in respect of each of the years ending on the 31st day of December, 1981, the 31st day of December, 1982, the 31st day of December, 1983, the 31st day of December, 1984, and the 31st day of December, 1985, and in respect of no other year, shall be such amount as may be prescribed for each such year by the Minister, after consultation with the Minister for the Environment, and the proportion of those amounts payable by each such local authority in respect of each such year shall be that which the total expenditure on home assistance in the year ending on the 31st day of December, 1975, bears to the total expenditure by all local authorities referred to in subsection (1) on home assistance in that year;

(b) the amount payable under subsection (3) by a local authority referred to in that subsection in respect of each of the years ending on the 31st day of December, 1982, the 31st day of December, 1983, the 31st day of December, 1984, and the 31st day of December, 1985, and in respect of no other year shall not exceed such amount as may be prescribed for that year by the Minister, after consultation with the Minister for the Environment and with the consent of the Minister for Finance.

[1986, s. 18(2)(b)]

(10) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray all expenditure (including the costs of administration) of those boards on supplementary welfare allowance in the year ending on the 31st day of December, 1986, and in each year thereafter, and, accordingly, so much of the preceding subsections of this section, other than subsection (9), as refer to the financing of health board expenditure on supplementary welfare allowance shall, on or after the 27th day of March, 1986, cease to have effect.

Regulations.

[1981, s. 219(1)]

188.—(1) The Minister may make regulations for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

[1981, s. 219(2)]

(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.

Transfer of certain property.

[1981, s. 220(1)]

189.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , to a health board and which, immediately before the 1st day of 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.

[1981, s. 220(2)]

(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.

[1981, s. 220(3)]

(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 the 1st day of 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.

[1981, s. 221(1)]

190.—(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.

[1981, s. 221(2)]

(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 was in force immediately before the 24th day of February, 1981,

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.

[1981, s. 221(3)]

(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.

[1981, s. 222(1)]

191.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on the 1st day of 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.

[1981, s. 222(2)]

(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 the 1st day of July, 1977.

[1981, s. 222(3)]

(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 189 is payable to a health board may be brought and maintained by the health board.

PART IV

CHILD BENEFIT

Qualified child.

[1983, s. 12(1); 1986, s. 17(1); 1991, s. 6(2)]

192.—(1) A child shall be a qualified child (in this Part referred to as “a qualified child”) for the purposes of child benefit 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 education, the circumstances of which shall be specified in regulations, or

(ii) 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.

[1981, s. 223(2); 1984, s. 10]

(2) Notwithstanding subsection (1), a child who resides with a qualified person while such person (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 person.

[1981, s. 224(1); 1986, s. 17(1)]

193.—(1) A person with whom a qualified child normally resides shall be qualified for child benefit in respect of that child and is in this Part referred to as “a qualified person”.

[1981, s. 224(2)]

(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

(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.

Amounts of child benefit.

[1991, s. 5(1); 1993, s. 38(1)]

194.—(1) Subject to this Act, a person who is qualified for child benefit shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly benefit of the amount set out in column (1) of Part III of the Fourth Schedule in respect of each of the first 3 qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of 3.

[1981, s. 225(2); 1986, s. 17(1)]

(2) Notwithstanding anything in this Part, the monthly benefit payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of 3 or more children of whom not less than 3 remain qualified shall be double the benefit that would have been payable if this subsection had not been enacted.

[1993, s. 5(3)]

(3) Subject to this Act, a person who is qualified for child benefit shall be paid a grant in accordance with subsection (4) in respect of 2 or more qualified children where the birth of each child was part of the same multiple birth.

[1993, s. 5(3)]

(4) The amount of the grant payable in accordance with subsection (3) shall be £200 if the qualified children are 2 in number, £300 where they are 3 in number and £400 if they exceed 3 in number.

[1993, s. 5(4)]

(5) Subsection (3) of this section shall apply in the case of any multiple birth occurring on or after the 1st day of July, 1993.

[1981, s. 225(4)]

(6) 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.

[1981, s. 225(5); 1986, s. 17(1)]

(7) Payment of a grant under subsection (3) shall be in addition to any child benefit payable by way of a monthly benefit under this Part in respect of the children concerned.

Exclusion of child benefit for superannuation or pension purposes. [1981, s. 228; 1986, s. 17]

195.—Income from child benefit shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

Payments to persons absent from State. [1981, s. 230(4); 1986, s. 17(1)]

196.—Where a qualified person is for the time being absent from the State, an application on his behalf in respect of child benefit may be accepted from such person as the Minister thinks fit.

PART V

FAMILY INCOME SUPPLEMENT

Interpretation.

[1991, s. 47(1)]

197.—In this Part—

“child”, in relation to a family, means a qualified child as defined in section 2(3) who normally resides with that family;

“couple” means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

“family” means—

(a) a person who is engaged in remunerative full-time employment as an employee,

(b) where such person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse, and

(c) a child or children;

“family income supplement” shall be construed in accordance with section 198;

“spouse” means each person of a couple in relation to each other;

“weekly family income” means, subject to regulations under section 202, the amount of income received in a week by a family, less any income of a person who in respect of that family is a child.

Entitlement to supplement.

[1993, s. 7(1)]

198.—Subject to this Act, an allowance (in this Part referred to as “family income supplement”) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, £175,

(b) in the case of a family which includes 2 children, £195,

(c) in the case of a family which includes 3 children, £215,

(d) in the case of a family which includes 4 children, £235,

(e) in the case of a family which includes 5 children, £260,

(f) in the case of a family which includes 6 children, £280,

(g) in the case of a family which includes 7 children, £297, or

(h) in the case of a family which includes 8 or more children, £314.

Rate of supplement.

[1991, s. 7(1)]

199.—(1) Subject to this Part, the weekly rate of family income supplement shall be 60 per cent. of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 198.

[1991, s. 7(1)]

(2) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.

Period of payment.

[1984, s. 13]

200.—(1) Family income supplement shall be payable for a period of 52 weeks (or such other period as may be prescribed) beginning on the date on which it is receivable in accordance with regulations and, except where regulations otherwise provide, the weekly rate of family income supplement payable shall not be affected by any change of circumstances during that period.

[1984, s. 13]

(2) Where family income supplement is payable in respect of a particular family for any period, no person who was included in that family at the beginning of such period shall be regarded as a member of any other family during that period.

Person to whom supplement is payable.

[1984, s. 13]

201.—Family income supplement shall be payable to the member of the family (other than a child) who is engaged in remunerative full-time employment as an employee or, where there are 2 members of the family so engaged, to the member whose weekly income as calculated for the purposes of family income supplement forms the greater part of the weekly family income as so calculated.

Regulations.

[1984, s. 13]

202.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1984, s. 13]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for the manner of calculation or estimation of weekly family income;

(b) provide, in calculating or estimating weekly family income, for the disregarding in whole or in part of any amount of that income from any source specified in the regulations;

(c) determine the circumstances in which a person shall be regarded as being engaged in remunerative full-time employment as an employee;

(d) require employers to furnish such information as the Minister may require for the purpose of determining a claim for family income supplement.

[1992, s. 39]

(3) The Minister may by regulations vary—

(a) the amounts specified in section 198, and

(b) the percentage rate specified in section 199(1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.

Receipt of claims.

[1992, s. 50(1)]

203.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

[1992, s. 50(1)]

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.

PART VI

GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY

Preliminary

Definitions.

[1993, s. 27]

204.—Except where otherwise provided, in this Part—

“benefit” means—

(a) any benefit described in section 30(1),

(b) any assistance described in section 118(1),

(c) child benefit, or

(d) family income supplement.

CHAPTER 1

Claims and Payments

Claims.

[1993, s. 27]

205.—(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.

[1993, s. 27]

(2) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim for such benefit within the prescribed time, but any such regulations may provide for extending, subject to such conditions as may be prescribed, the time within which the claim may be made.

[1993, s. 27]

(3) Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to such benefit, in such manner and subject to such conditions as may be prescribed.

[1993, s. 27]

(4) For the purposes of this Act, any claim or notice made or sent by post or by any other method shall be deemed to have been made or given on the date of receipt of such claim or notice by an officer of the Minister.

Payments.

[1993, s. 27]

206.—(1) Regulations may provide for—

(a) the time and manner of payment of benefit,

(b) the information and evidence to be furnished by a claimant or beneficiary when applying for payment of benefit, and

(c) in consultation with An Post, the payment of specified benefits through An Post.

[1993, s. 27]

(2) Regulations made under this section as to the time of payment of benefit may provide—

(a) notwithstanding anything contained in this Act—

(i) in the case of specified benefits (other than child benefit), for adjusting the commencement and termination of such benefit, or for changes in the rate of such 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,

(ii) in the case of child benefit, for adjusting the commencement and termination of such benefit, or for changes in the rate of such benefit, so that payments shall not be made at different rates for different parts of a month,

(b) 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 regulations.

Payment to persons other than claimant or beneficiary.

[1993, s. 27]

207.—(1) Regulations may provide—

(a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his behalf,

(b) 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 Act 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,

(c) 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, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension or blind pension, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be received and dealt with as aforesaid exceed the total amount payable less the amount payable by virtue of section 34(1), 45(1), 55(1), 87(1), 91(1), 99(1), 121(1)(b)(i), 128(1)(a) or 137(a), as appropriate,

(ii) in respect of widow's (contributory) pension or deserted wife's benefit, so much of the pension or benefit as is payable by virtue of section 105(1) or 113(1), as appropriate, or in respect of lone parent's allowance, so much of the allowance as is payable in respect of a qualified child by virtue of section 159(1),

(iii) in respect of disablement pension, child benefit or family income supplement, so much of the pension, benefit or supplement as the Minister considers reasonable in the circumstances,

(d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name, subject to such conditions as may be prescribed.

[1993, s. 27]

(2) 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.

Statutory declarations.

[1993, s. 27]

208.—Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in such form be verified by a statutory declaration and that such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or such other person authorised by the Minister in that behalf.

CHAPTER 2

Provisions Relating to Entitlement

Overlapping provisions.

[1991, s. 43(1)]

209.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(c) disabled person's maintenance allowance, or

(d) infectious diseases maintenance allowance.

[1991, s. 43(1)]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(c) disabled person's maintenance allowance,

(d) infectious diseases maintenance allowance,

(e) any increase in the said benefit in respect of an adult dependant,

(f) any increase in the said assistance in respect of an adult dependant,

(g) any increase in the said benefit in respect of a qualified child, or

(h) any increase in the said assistance in respect of a qualified child.

[1991, s. 43(1)]

(3) For the purposes of this section—

(a) an increase of disabled person's maintenance allowance or an increase of infectious diseases maintenance allowance, may be regarded as a separate payment, and

(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.

[1991, s. 43(1)]

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

[1991, s. 43(1)]

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).

[1992, s. 50(2)]

(6) Where, but for this subsection, family income supplement and—

(a) unemployment benefit,

(b) retirement pension,

(c) unemployment assistance, or

(d) pre-retirement allowance,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.

[1991, s. 43(1)]

(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.

[1991, s. 43(1)]

(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

[1991, s. 43(1)]

(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

Payments after death.

[1981, s. 125 (1); 1991, s. 9(1)(a)]

210.—(1) In this section—

“benefit” means—

(a) disability benefit,

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit,

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance,

(h) old age (non-contributory) pension and blind pension,

(i) unemployability supplement,

(j) supplementary welfare allowance,

(k) pre-retirement allowance,

(l) widow's (contributory) pension,

(m) lone parent's allowance,

(n) deserted wife's benefit,

(o) death benefit under section 60,

(p) carer's allowance;

[1991, s. 9(1)(b)]

“relevant pensioner” has the meaning assigned to it by section 163(1).

[1991, s. 9(1)(b); 1993, ss. 10, 38(4)]

(2) Notwithstanding any provisions to the contrary in this Act—

(a) where a person who is in receipt of a benefit specified in paragraphs (a) to (k) of subsection (1) which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance 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) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(c) where an adult dependant in respect of whom an increase of a benefit specified in paragraph (a), (b), (c), (g) or (j) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of an old age (non-contributory) pension or a blind pension in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(d) subject to paragraph (a), where a person is in receipt of carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention dies and the carer is not the spouse of that pensioner, payment of the carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant pensioner, and

(e) subject to paragraph (a), where a person is in receipt of a carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention, dies, and the carer is the spouse of that pensioner, any benefit payable under paragraph (a) shall include an increase in respect of an adult dependant provided that the person in receipt of the carer's allowance would otherwise have qualified as an adult dependant but for the fact that he was in receipt of the said allowance, and

(f) in any case where payment is made by virtue of paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, survivor's benefit, death benefit under section 60 or 62 or entitlement to lone parent's allowance by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (c) except and to the extent that regulations otherwise provide.

[1981, s. 158(2)]

(3) Subject to this section, payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an increase under section 137 (a).

Absence from State or imprisonment.

211.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part II (including any increase thereof) for any period during which that person—

[1981, s. 129 (1)]

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 129 (2)]

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 34(1), 45(1), 55(1), 87(1), 91(1) or 99(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.

[1981, s. 129 (3)]

(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.

[1981, s. 129 (4)]

(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.

[1981, s. 129 (5)]

(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 88 as periods of retirement.

[1992, s. 27(1); S.I. No. 76 of 1990 , A.17]

(6) A person shall be disqualified for receiving unemployment assistance or pre-retirement allowance while he is—

(a) resident, whether temporarily or permanently, outside the State, or

(b) undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 163 (1)(a); 1981AM, s. 8]

(7) Subject to subsection (8), a sum shall not be paid on account of an old age (non-contributory) pension or blind pension to any person while absent from the State.

[1981, s. 163(2)]

(8) 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 (non-contributory) pension or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7) 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.

[1981, s. 163(3)]

(9) 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 (non-contributory) pension or blind pension while he is detained in prison in consequence of the order.

[1981, s. 180(1); 1990, s. 12(1); S.I. No. 272 of 1990 , A.30(1)]

(10) Except where regulations otherwise provide, a person shall be disqualified for receiving widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, (including in the case of lone parent's allowance any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 180(2) S.I. No. 272 of 1990 , A.30(1)]

(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any such period as is mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

[ S.I. No. 272 of 1990 , A.30(1)]

(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a lone parent's allowance, an increase in respect of a qualified child, shall, in such cases as may be prescribed, be paid to the prescribed person.

[1981, s. 186(1), (12)]

(13) (a) Where during any period a person is resident outside the State, the following provisions shall have effect—

(i) a pension shall not be granted to or in respect of that person,

(ii) 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.

[1981, s. 186(2)]

(b) Nothing contained in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside that State—

(i) 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

(ii) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or

(iii) 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.

(c) In this subsection “pension” means a widow's (non-contributory) pension or orphan's (non-contributory) pension.

[ S.I. No. 272 of 1990 , A.30(1)]

(14) A person shall be disqualified for receiving lone parent's allowance, deserted wife's allowance and prisoner's wife's allowance while he is resident whether temporarily or permanently, outside the State.

[1981, s. 230(5); 1986, s. 17(1)]

(15) Child benefit shall be paid only within the State.

CHAPTER 3

Appointment and Duties of Social Welfare Inspectors

Social welfare inspectors.

[1993, s. 27]

212.—(1) The Minister may appoint such and so many of his officers as he thinks proper to be social welfare inspectors for the purposes of such provisions of Parts II, III, IV, V, IX and this Part as he may determine in the case of such appointments.

[1993, s. 27]

(2) Every social welfare inspector shall investigate and report to the Minister upon any claim for or in respect of benefit and any question arising on or in relation to such benefit which may be referred to him by the Minister, and may, for the purpose of such investigation and report require—

(a) a claimant or a beneficiary,

(b) the spouse or any employer of the claimant or beneficiary,

(c) in the case of child benefit, any person in charge of a child in respect of whom the claim is made,

(d) a person liable to contribute under section 286(1) or any employer of any such person, and

(e) the personal representative of a person who was at any time in receipt of any benefit,

to furnish him with such information and to produce to him such documents, within such period as may be prescribed, as he may reasonably require.

[1993, s. 27]

(3) A social welfare inspector shall, for the purposes of Parts II, III, IV, V, IX and this Part, have power to do all or any of the following—

(a) to enter, without prior notification, at all reasonable times any premises or place liable to inspection under this section,

(b) to make such examination and enquiry as may be necessary for ascertaining whether the provisions of Part II, III, IV, V, IX or 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 on which he may reasonably require information for the purposes of Part II, III, IV, V, IX or this Part, every person whom he finds in any such premises or place, or who 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 Parts II, III, IV, V, IX and this Part into effect.

[1993, s. 27]

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing—

(a) any person in insurable employment or insurable (occupational injuries) employment, or

(b) any claimant or beneficiary,

and the servants and agents of any such occupier or other person, and any insured person, claimant or beneficiary or person in respect of whom such a benefit is claimed, shall furnish to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes 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.

[1993, s. 27]

(5) Any person who holds a certificate of authorisation under section 17 (as amended by section 28 of the Finance Act, 1992 ) of the Finance Act, 1970 , shall, upon the request of a social welfare inspector, furnish such certificate for inspection by him.

[1993, s. 27]

(6) If any person—

(a) wilfully delays or obstructs a social welfare inspector in the exercise of any duty or 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 social welfare inspector or any other person appointed under this section,

he shall be guilty of an offence.

[1993, s. 27]

(7) Notwithstanding the preceding provisions of this section, a person shall not be required under this section to give any evidence or answer any question tending to incriminate himself.

[1993, s. 27]

(8) Every social welfare inspector shall be furnished with a certificate of his appointment, and on entering any premises or place for the purposes of Parts II, III, IV, V, IX and this Part shall, if so requested, produce the said certificate.

[1993, s. 27]

(9) The premises or places liable to inspection under this section are any premises or places where a social welfare inspector has reasonable grounds for believing that—

(a) persons are, or have been, employed, or

(b) there are, or have been, self-employed persons,

and any premises or place where a social welfare inspector has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.

[1993, s. 27]

(10) Where any premises or place is liable to be inspected by an inspector or by an officer appointed, employed by, or under the control of, another Minister of the Government, the Minister may make arrangements with that other Minister for any of the powers or duties of a social welfare inspector appointed under this section to be vested in the inspector or officer employed by that other Minister and, where such an arrangement is made, such inspector or officer shall have all the powers of a social welfare inspector appointed under this section for the purposes of the inspection.

[1993, s. 27]

(11) Where a person is required by subsection (4) to produce records required pursuant to regulations made under section 14(5), he shall, upon the request of a social welfare inspector, produce such records at his registered address or his principal place of business.

[1993, s. 27]

(12) A person who fails to comply with a request to produce records under subsection (11) within 21 days following the issue of such request in writing sent by registered post to him at his registered address or his principal place of business shall be guilty of an offence.

[1993, s. 27]

(13) Records of persons employed which an employer is obliged to maintain under regulations made under section 14(5) which are produced to a social welfare inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of such persons and of the periods during which such persons were employed by him.

[1993, s. 27]

(14) Where an employer issues to an employee a statement containing the particulars specified in section 9 of the Minimum Notice and Terms of Employment Act, 1973 , he shall retain a copy of such statement for a period of 2 years from the date on which that statement was issued and shall furnish such copy on demand to a social welfare inspector for inspection under this section.

CHAPTER 4

Offences, Miscellaneous Control Provisions and Proceedings

Offences

False statements and offences, including offences relating to bodies corporate.

[1993, s. 27]

213.—(1) If, for the purpose of—

(a) obtaining or establishing entitlement to payment of any benefit for himself or for any other person, or

(b) obtaining or establishing entitlement to payment of any benefit for himself or for any other person which is in excess of that which he was entitled to, or

(c) avoiding the making by himself or any other person of any repayment under this Act,

or for any other purpose connected with this Act, any person—

(i) 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

(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.

[1993, s. 27]

(2) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) shall be guilty of an offence.

[1993, s. 27]

(3) A person convicted of an offence under this section in relation to child benefit shall be disqualified for the receipt of child benefit for the period of 3 months immediately following the date of the conviction.

[1993, s. 27]

(4) Where a person is convicted of an offence under subsection (1) or (2) and by reason of that offence any benefit (other than child benefit) was received by an employee of his which he was not entitled to receive, such person shall be liable to pay to the Minister on demand a sum not exceeding the amount of such benefit which by reason of the said offence was paid to that employee while in his employment and that sum, if not so repaid, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

[1993, s. 27]

(5) Notwithstanding the provisions of subsection (5) or any other provisions of this Act under which amounts of benefit (other than child benefit) may be recovered, the amount recovered by the Minister, in any case may not exceed the amount of benefit received by the employee which he was not entitled to receive.

[1993, s. 27]

(6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with such regulations and, where such offences are provided for, a person guilty of any such offence shall be liable on summary conviction to the penalties provided for in section 218(1)(a).

[1993, s. 27]

(7) Where an offence under this Act is committed by a body corporate and, in the case of an offence under subsection (1), where the offence is committed by an employee or officer of the body corporate, and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any wilful neglect on the part of any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

[1993, s. 27]

(8) It shall be a defence to a prosecution for an offence under subsection (7) 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.

[1993, s. 27]

(9) Any summons or other document required to be served for the purpose of proceedings under this Act 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.

[1993, s. 33(1)]

(10) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or, if no such investigation has taken place, since the date of making the claim, the person shall, within such period as may be prescribed, give or cause to be given to the Minister notification in writing of the increase.

[1993, s. 33(2)]

(11) A person who fails or neglects to comply with the provisions of subsection (10) shall be guilty of an offence.

Offences in relation to employment contributions.

[1993, s. 27]

214.—(1) If an employer—

(a) fails to pay at or within a prescribed time any employment contribution which he is liable under Part II to pay,

(b) 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,

(c) makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under Part II to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, or

[1990, s. 9]

(d) adjusts the method of payment of reckonable earnings to an employed contributor who was employed in consecutive weeks in order to ensure that the employed contributor is exempted in any week from the employment contribution payable under section 10(1) (b)(i) by virtue of section 10(7)(a) and regulations made thereunder,

the employer shall be guilty of an offence.

[1993, s. 27]

(2) An employer, or a servant or agent acting on behalf of such employer, who, for the purpose of evading or reducing the amount of his liability in respect of employment contributions which he is liable to pay under Part II and which he has not paid—

(a) 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) 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,

shall be guilty of an offence.

[1987 (No. 2), s. 6]

(3) Where records are required to be kept by employers under, regulations made under section 14(5) in so far as they relate to the recording of payment of earnings and the periods to which such earnings refer such records shall be recorded at or before the time of payment of such earnings.

[1993, s. 28(2)]

(4) A person who fails to comply with subsection (3) shall be guilty of an offence.

[1993, s. 27]

(5) A person who is guilty of an offence under this section (other than an offence under subsection (1)(d)) shall be liable—

(a) on summary conviction, to the penalties provided in section 218(1)(a), or

(b) on conviction on indictment, to a fine not exceeding £10,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or to imprisonment for a term not exceeding 3 years, or to both.

[1990, s. 9]

(6) A person who is guilty of an offence under subsection (1)(d) shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.

[1993, s. 27]

(7) (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 Part II to pay, he shall be liable to pay to the Social Insurance Fund a sum equal to the amount which he has failed to pay and, on such 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 3 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 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.

[1993, s. 27]

(8) 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.

Notification by employer, etc. of commencement of employment.

[1989, s. 19]

215.—(1) The Minister may require—

(a) an employer or any other person to notify him of the date of the commencement of the employment of—

(i) any person in his employment,

(ii) any person engaged by him under a contract for service to perform a service, or

(b) a person engaged under a contract for service to perform a service to notify him of the date on which any person was engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.

[1987 (No. 2), s. 2]

(2) The circumstances in which notification may be required under subsection (1) and the manner of that notification shall be prescribed in regulations.

[1993, s. 28(3)]

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence.

Information to be furnished by employers to Minister.

[1993, s. 27]

216.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such particulars, including particulars as to periods of employment, as are required by the Minister to enable determination or review of a claim to any benefit by or in respect of that person.

[1993, s. 27]

(2) Regulations may specify the particulars which an employer shall furnish under subsection (1) and prescribe the manner in which such particulars shall be so furnished.

[1993, s. 27]

(3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.

Application of Probation of Offenders Act, 1907.

[1993, s. 27]

217.—Where—

(a) (i) the employer of an employed contributor is charged with