Social Welfare Act, 1980

Disability benefit (additional waiting days).

17.—(1) Section 15 of the Act of 1952 is hereby amended by—

(a) the substitution for subsection (2) of the following subsection:

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

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

(b) the insertion after paragraph (a) of subsection (3) of the following paragraph:

“(aa) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 3 (4) (a) (inserted by the Social Welfare Act, 1980) of the Social Welfare (Pay-Related Benefit) Act, 1973 , applies,”.

(2) Section 3 of the Social Welfare (Pay-Related Benefit) Act, 1973 , is hereby amended by the substitution for subsection (4) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1975 ) of the following subsection:

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

(a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 15 (2) (a) (inserted by the Social Welfare Act, 1980) of the Act of 1952 applies; and

(b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 15 (2) (b) (inserted by the Social Welfare Act, 1980) of the Act of 1952 applies.”.

(3) This section shall apply to periods of incapacity for work commencing on or after the 7th day of April, 1980.