Social Welfare Act, 1997

Occupational injuries benefits — extension of entitlements.

14.—(1) The Principal Act is hereby amended by the substitution for sections 59 and 60 (as amended by section 32 of the Act of 1994) of the following sections:

“Entitlement to death benefit.

59.—Subject to this Act, death benefit shall be payable as provided for in sections 60 to 63 where—

(a) 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 or her employment, being insurable (occupational injuries) employment, or

(b) an insured person dies and where immediately before the date of death he or she was entitled to a disablement pension in respect of disablement assessed at 50 per cent. or more.

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

60.—(1) Death benefit shall be payable to the widow or widower of the deceased.

(2) Death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of the Second Schedule, and if the beneficiary has attained pensionable age and is living alone, that rate shall be increased by the amount set out in column (6) of that Part.

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

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

(5) The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (4) of Part 1 of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(2) Part 1 of the Second Schedule to the Principal Act is hereby amended by the substitution in Column 1 for reference 2 (a) of the following reference:—

“(a) Pension payable to a widow or widower (section 60).”.

(3) Section 2 (a) of the No. 2 Act of 1995 is hereby repealed.