Social Welfare (Consolidation) Act, 1993

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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.