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S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2007 S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 AmendmentsLeasuithe Revised SI Download PDF Íoslódáil PDF S.I. No. 142 of 2007 SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007 ARRANGEMENT OF ARTICLES PART 1 Preliminary Article 1. Citation. 2. Commencement. 3. Definitions. 4. Interpretation. 5. Revocations. 6. Persons specified to be qualified adults. 7. Income limit — qualified adult. 8. Calculation of income limit. 9. Reduced rate qualified adult increase. 10. Reduced rate qualified adult increase — State pensions. 11. Reduced rate qualified adult increase — invalidity pension. 12. Spouse income limit — qualified child increase. 13. Normal residence of qualified child. 14. Persons regarded as receiving full-time education. 15. Persons regarded as available for employment. 16. Persons regarded as genuinely seeking employment. 17. Expenses. 18. Conversion of contributions paid under National Health Insurance Acts. 19. Qualified child increase — linked claims. PART 2 Social Insurance Payments CHAPTER 1 Illness Benefit 20. Persons deemed to be incapable of work. 21. Days not to be treated as days of incapacity for work. 22. Night workers. 23. Special provision relating to delay or failure in claiming. 24. Disqualifications. 25. Reckoning of periods of interruption of employment. 26. Qualifying conditions — illness benefit. 27. Partial satisfaction of conditions — illness benefit. 28. Contribution conditions — illness benefit. CHAPTER 2 Maternity Benefit 29. Expected week of confinement and duration of maternity benefit in certain cases. 30. Postponement of maternity benefit in event of hospitalisation of child. 31. Volunteer development workers — qualifying conditions. 32. Determination of income tax year and prescribed weekly amount for purposes of maternity benefit. 33. Calculation of reckonable weekly earnings. 34. Medical examination to determine validity of certificate. 35. Disqualifications. CHAPTER 3 Health and Safety Benefit 36. Qualifying conditions for benefit. 37. Partial satisfaction of conditions for benefit. CHAPTER 4 Adoptive Benefit 38. Definitions. 39. Volunteer development workers — qualifying conditions. 40. Determination of income tax year and prescribed weekly amount. 41. Calculation of reckonable weekly earnings. 42. Disqualification. 43. Postponement of adoptive benefit during hospitalisation of child. CHAPTER 5 Jobseeker’s Benefit 44. Days not to be treated as days of unemployment. 45. Night workers. 46. Special provision relating to delay or failure in claiming. 47. Qualifying conditions — jobseeker’s benefit. 48. Partial satisfaction of conditions for jobseeker’s benefit. 49. Substantial loss of employment. 50. Disqualification. 51. Casual employment. 52. Prescribed manner for proving unemployment. CHAPTER 6 Carer’s Benefit 53. Interpretation. 54. Conditions to be satisfied by non-resident carer. 55. Prescribed manner for certification of disability. 56. Circumstances in which carer is to be regarded as providing full-time care and attention. 57. Conditions and circumstances under which a carer may engage in employment, self-employment, training and education. 58. Medical examination and disqualification. CHAPTER 7 State Pension (Contributory) 59. Interpretation. 60. Conditions to be satisfied by non-resident homemaker. 61. Reckoning of contributions under National Health Insurance Acts. 62. Partial satisfaction of contribution conditions for State pension (contributory). 63. Entitlement to pro-rata State pension (contributory). 64. Calculation of rate of pro-rata State pension (contributory). 65. Special partial State pension (contributory). 66. Calculation of yearly average. 67. Saver. CHAPTER 8 State Pension (Transition) 68. Interpretation. 69. Reckoning of contributions under National Health Insurance Acts. 70. Period of retirement. 71. Partial satisfaction of contribution conditions for State pension (transition). 72. Entitlement to pro-rata State pension (transition). 73. Calculation of rate of pro-rata State pension (transition). 74. Calculation of yearly average. 75. Saver. CHAPTER 9 Invalidity Pension 76. Definition of permanently incapable of work. 77. Conditions for receipt of invalidity pension. 78. Disqualification. CHAPTER 10 Widow’s (Contributory) Pension and Widower’s (Contributory) Pension 79. Interpretation. 80. Partial satisfaction of contribution conditions for widow’s and widower’s pension. 81. Special partial widow’s and widower’s pension. 82. Reckoning of contributions paid under Widows’ and Orphans’ Acts. 83. Calculation of yearly average. CHAPTER 11 Deserted Wife’s Benefit 84. Interpretation. 85. Conditions for receipt of deserted wife’s benefit. 86. Income limit. 87. Partial satisfaction of contribution conditions. 88. Special partial payment. 89. Application of income limit. 90. Calculation of yearly average. CHAPTER 12 Treatment Benefit 91. Interpretation. 92. Treatment benefit. 93. Entitlement to treatment benefit. 94. Contribution conditions. 95. Contribution conditions for volunteer development workers. 96. Treatment benefit for dependant spouse. 97. Continued benefit to dependant spouse after the death of an insured person. 98. Continued entitlement over age 60. 99. Reckoning of contributions paid under National Health Insurance Acts. 100. Claim for treatment benefit. 101. Limitation on benefit for a claimant who is a member of the Defence Forces. 102. Cost of medical certificates. 103. Time limit for obtaining treatment benefit. 104. Notice of decision. 105. Payment by the Minister. 106. Panels. 107. Limitation on dental benefit for a claimant who is a member of the Defence Forces. 108. Amount payable in respect of dental benefit. 109. Benefit in respect of medical appliances. 110. Amount payable in respect of medical appliance benefit. 111. Claims for and payment of medical appliance benefit. 112. Claims for and payment of optical benefit. 113. Limitation on optical benefit for claimant who is a member of the Defence Forces. 114. Amount payable in respect of optical benefit. 115. Sight tests. PART 3 Social Assistance Payments CHAPTER 1 Jobseeker’s Allowance 116. Interpretation. 117. Day of unemployment. 118. Prescribed manner for proving unemployment. 119. Night workers. 120. Persons deemed to be available for employment. 121. Exemption from disqualification. CHAPTER 2 Pre-Retirement Allowance 122. Conditions for entitlement. 123. Period of retirement. CHAPTER 3 One-Parent Family Payment 124. Definition. 125. Circumstances in which person is to be regarded as being a separated spouse. 126. Circumstances in which person is to be regarded as being an unmarried person. 127. Circumstances in which person is to be regarded as being a prisoner’s spouse. 128. Residence of qualified child. 129. Continued entitlement to payment. 130. Transfer of maintenance. CHAPTER 4 Carer’s Allowance 131. Interpretation. 132. Conditions to be satisfied by carer. 133. Conditions to be satisfied by non-resident carer. 134. Prescribed manner for certification of disability. 135. Medical examination. 136. Circumstances in which carer is to be regarded as providing full-time care and attention. CHAPTER 5 Disability Allowance 137. Specified disability. 138. Disqualification. 139. Temporary residence. 140. Holidays. CHAPTER 6 Miscellaneous Provisions for Assessment of Means 141. Exemption from assessment of property. 142. Assessment of means — non-cash benefits. 143. Maintenance arrangements. 144. Assessment of means — carer’s allowance. 145. Assessment of claimant’s earnings — jobseeker’s allowance and farm assist. 146. Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist. 147. Earnings disregard — disability allowance. 148. Earnings disregard — State pension (non-contributory). 149. Earnings disregard — widow’s (non-contributory) pension and widower’s (non-contributory) pension. 150. Earnings disregard — blind pension. 151. Assessment of earnings — one-parent family payment. 152. Prescribed activity — exemption of income. 153. Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist. 154. Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist. 155. Disregard of certain compensation awards. 156. Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist. 157. Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance. 158. Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension. PART 4 Child Benefit 159. Normal residence. 160. Full-time education. 161. Children regarded as continuing to receive full-time education. PART 5 Respite Care Grant 162. Interpretation. 163. Date respite care grant payable. 164. Entitlement to grant for certain classes of carer. 165. Period for which full-time care and attention to be given. 166. Carer — residence in institution. 167. Certain circumstances in which carer may continue to be regarded as providing full-time care and attention. 168. Conditions to be satisfied by non-resident carer. 169. Conditions and circumstances under which a carer may engage in employment, self-employment, training and eduction. 170. Prescribed manner for certification of incapacity. 171. Medical examination and disqualification. PART 6 Family Income Supplement 172. Interpretation. 173. Manner of calculation or estimation of weekly family income. 174. Sums disregarded in determining weekly family income. 175. Person regarded as being in remunerative full-time employment. 176. Increase for additional qualified child. 177. Minimum payment of family income supplement. PART 7 Claims and Payments — General Provisions Preliminary 178. Interpretation. CHAPTER 1 Claims 179. Claims. 180. Application to be regarded as a homemaker. 181. Information to be given when making claim. 182. Prescribed time for making claim. 183. Prescribed time for making application to be regarded as a homemaker. 184. Provisional allowance of claim. 185. Payment of claims made more than 12 months after the due date. 186. Payment of certain claims made after due date. 187. Rounding. 188. Provision of information. 189. Sharing of information. 190. Prescribed time for furnishing information. 191. Decision of deciding officer. CHAPTER 2 Payments 192. Manner of payment. 193. Commencement of awards — child benefit. 194. Commencement of awards — early childcare supplement. 195. Normal residence — early childcare supplement. 196. Time of payment. 197. Taking effect of revision on account of change in circumstances. 198. Payable orders. 199. Extinguishment of right to payment. 200. Payments no longer due. 201. Nominated persons. 202. Persons unable to act. 203. Payment to appointed persons. 204. Payment to appointed person living together with applicant. 205. Payments on death. 206. Sum payable on death for child benefit. 207. Distribution of sum payable on death. 208. Payments after death. 209. Offences. 210. Provisions relating to appointments. CHAPTER 3 Loss of Purchasing Power 211. Definitions. 212. Payment in respect of loss of purchasing power. 213. Calculation of amount. 214. Delay in issue of purchasing power payment. 215. Payment of an amount of costs. 216. Rounding. CHAPTER 4 Absence from State and Imprisonment 217. Exception from disqualification for periods of absence from the State. 218. Exception from disqualification during penal servitude, imprisonment or detention in legal custody. 219. Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody. CHAPTER 5 Overlapping Benefits 220. Interpretation. 221. Payment of disablement benefit with other social welfare payments. 222. Payment of guardian’s payment with other social welfare payments. 223. Payment of half-rate benefit to recipients of certain payments. 224. Payment of blind pension with other social welfare payments. 225. Payment on account. 226. Payment on account of qualified adult or qualified child. 227. Supplementary welfare allowance granted to persons in receipt of long-term payments. 228. Payment of increase for qualified child where child becomes entitled to payment in his or her own right. 229. State pension (non-contributory) — qualified child. 230. Rounding. 231. Saver. CHAPTER 6 Household Budgeting 232. Definitions. 233. Household budgeting. CHAPTER 7 Island Allowance 234. Island allowance. CHAPTER 8 Widowed Parent Grant 235. Widowed parent grant. PART 8 Control Provisions 236. Interpretation. 237. Provision of information — interpretation. 238. Provision of information — institution of education, institution of higher education or centre of education. 239. Provision of information — nursing homes. 240. Persons required to keep records. 241. Records to be maintained. PART 9 Overpayments 242. Provision of information on overpayments. 243. Means of recovery of overpayment. 244. Determining the method of recovery. 245. Recovery of overpayment by means of deduction from social welfare payment. 246. Reduction or cancellation of sum to be repaid. 247. Proceedings for recovery of overpayment. 248. Obligations of personal representatives. 249. Decisions as to the application of this chapter. PART 10 Liable Relatives 250. Definitions. 251. Calculation of amount due. 252. Saver. 253. Amount to be paid. 254. Transfer of maintenance. 255. Prescribed time for furnishing information. SCHEDULE 1 Rates of increases for qualified adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist SCHEDULE 2 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age SCHEDULE 3 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age SCHEDULE 4 Rates of increases for Qualified Adult payable with Invalidity Pension SCHEDULE 5 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit SCHEDULE 6 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit SCHEDULE 7 Rates of increases for Qualified Adult, payable with reduced rates of Illness Benefit and Jobseeker’s Benefit SCHEDULE 8 Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult SCHEDULE 9 Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001 SCHEDULE 10 Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied SCHEDULE 11 Reduced rates of Widow's (Contributory) Pension, Widower's (Contributory) Pension and Deserted Wife's Benefit where contribution conditions are partially satisfied SCHEDULE 12 Deserted Wife's — Benefit effect of income limit SCHEDULE 13 Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66 SCHEDULE 14 Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66 SCHEDULE 15 Extension of period for payment of claims made more than 12 months after the due date SCHEDULE 16 Island Allowance SCHEDULE 17 Revocations S.I. No. 142 of 2007 SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 6th April, 2007. The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 40, 41, 43, 44, 46 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 47 (as amended by section 7 of the Social Welfare Act 2005 (No. 30 of 2005)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 50, 53, 56, 58 (as amended by section 8 of the Social Welfare Act 2005 ), 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 61, 62 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64, 66, 67, 68, 76 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 99, 100, 104, 107, 108 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 109 (as amended by sections 4, 10 and 37 and Schedules 1 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 114 (as amended by sections 4 and 13 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by sections 4 and 14 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 118, 119 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 125, 137 (as amended by section 18 of the Social Welfare Law Reform and Pensions Act 2006 ), 138, 141 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 142, 143, 148 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 149 (as amended by section 15 of the Social Welfare Law Reform and Pensions Act 2006 ), 151, 173 (as amended by sections 22 and 27 of the Social Welfare Law Reform and Pensions Act 2006 ), 177, 178A (inserted by section 10 of the Social Welfare Act 2005 ), 179 (amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 180, 185, 186 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 210, 212, 219 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 220, 224, 225 (as amended by sections 4 and 30 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 226, 229, 230, 232, 238, 241 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 244 (as amended by sections 4, 17 and 29 and Schedules 1, 3 and 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 247 (amended by sections 4 and 32 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 248 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 249 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 250 (as amended by sections 29 and 37 and Schedules 6 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 251 (amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 253, 254, 255, 260, 266, 267, 269, 279, 290, 296, 297, 300 (amended by sections 4, 11, 12 and 29 and Schedules 1 and 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 330, 334 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 341 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 342 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 346, 358 and 363, Rules 1

(1), 1
(2), 1
(2)(b)(ii), 1
(2)(b)(vi), 1
(2)(b)(viii), 1
(3), 1
(5), 1
(6)(as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1
(7)(as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1
(8), 1
(10)(as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 2 of Part 2, Rules 1
(1), 1
(2), 1
(2)(b)(i), 1
(2)(b)(vi) and 3
(1)(all substituted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 3 and Rules 1
(1), 1
(2), 1
(2)(b)(ii), 1
(2)(b)(vii), 1
(2)(b)(x), 1
(4)(a), 1
(5), 3
(1)and 4
(3)(all inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 5 and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005 and after consultation with An Post, hereby makes the following Regulations: PART 1 Preliminary Citation
  1. These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control Provisions) Regulations
  2. Commencement
  3. These Regulations come into operation on 29 March
  4. Definitions
  5. In these Regulations, save where the context otherwise requires— “academic year” means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year; “adopting parent” has the meaning assigned to it in section 58
(1); “court” means a court to which either the Courts of Justice Acts 1924 to 1961, or the Courts (Supplemental Provisions) Acts 1961 to 2000 applies; “Department” means the Department of Social and Family Affairs; “Executive” means the Health Service Executive; “governing contribution year” means the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed; “health insurance contract” and “premium” have the meaning assigned to them in Section 2 of the Health Insurance Act 1994 (No. 16 of 1994); “housing costs” means, for the purposes of one-parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing; “institution of education” means— (a) a school, (b) a college, (c) a university, (d) any institution providing a course of instruction approved by the Minister for Education and Science or the Higher Education and Training Awards Council or C.E.R.T. Limited, or (e) any other institution approved by the Minister; “local office” means an office of the Department or other place appointed by the Minister as a local office for the purposes of the Principal Act; “maternity leave” has the meaning assigned to it by section 47
(5); “Member State” means a Member State of the European Communities; “Minister” means the Minster for Social and Family Affairs; “the National Health Insurance Acts” means the National Health Insurance Acts 1911 to 1952; “prison” or “place of detention” means a place to which either the Prisons Acts 1826 to 1980, or the Criminal Justice Act 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State; “reckonable earnings” has the meaning assigned in article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ); “responsible authority” means any Court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention; “the Act of 1973” means the Social Welfare Act 1973 (No. 10 of 1973); “the Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994); “the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005); “the Regulations of 1996” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ); “the Widows’ and Orphans’ Pensions Acts” means the Widows’ and Orphans’ Pensions Acts 1935 to 1952; “Trade Union” has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997 . Interpretation 4. In these Regulations, save where the context otherwise requires— (a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act, (b) a reference to a Schedule is to a Schedule to these Regulations, (c) a reference to an article is to an article of these Regulations, (d) a reference to a sub-article is to a sub-article of the article in which the reference occurs, (e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs. Revocations 5. The Regulations specified in column
(2)of Schedule 17 are hereby revoked to the extent specified in column
(3)of the said Schedule. Persons specified to be qualified adults 6. A spouse who is wholly or mainly maintained by a person is hereby specified, subject to sections 187 and 297, to be a qualified adult in relation to that person, for the purposes of the Principal Act where the spouse is— (
  1. a)in employment or self-employment, or (
  2. b)entitled to or in receipt of disablement benefit under section 75, death benefit under section 83, guardian’s payment (contributory), guardian’s payment (non-contributory) and to no other benefit or assistance (other than supplementary welfare allowance). Income limit — qualified adult 7.
(1)A person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
(2)A person, being one of a married couple who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse is not cohabiting with another person as husband and wife and that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100 and the first-mentioned person is contributing towards the maintenance of his or her spouse by a weekly amount which is equal to or in excess of the amount set down in column
(3)of Part 1 of Schedule 4 to the Principal Act.
(3)A person, being— (
  1. a)a single person, (
  2. b)a widow, (
  3. c)a widower, or (
  4. d)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, shall be regarded as wholly or mainly maintaining another person where that other person, being over the age of 16 years and having the care of one or more than one qualified child of the first-mentioned person, resides with the first-mentioned person and his or her weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
(4)In sub-article
(1)— “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; “spouse” means each person of a couple in relation to the other. Calculation of income limit 8.
(1)For the purposes of article 7, weekly income shall, subject to this article, be calculated or estimated— (
  1. a)insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous 2 months where such earnings are received at monthly intervals or in the previous 6 weeks where such earnings are received at weekly or fortnightly intervals, (
  2. b)insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the last complete income tax year by 52, (
  3. c)insofar as it consists of income from property (other than property referred to in paragraph (d)) which is invested or otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, by reference to the weekly value of the property, calculated as follows— (
  4. i)the first €20,000 of the capital value of the property shall be excluded, (
  5. ii)the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000, (iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, (
  6. iv)the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000, (
  7. d)insofar as it consists of income from any other source (including rent or any other periodical payment receivable for the possession and use of property in all lands, tenements and hereditaments), by reference to the normal weekly amount of such income.
(2)In calculating or estimating the weekly income under sub-article
(1), any sums received by way of disablement benefit under section 75, death benefit under section 83, child benefit, guardian’s payment (contributory), guardian’s payment (non-contributory) under the Principal Act, sums received by way of assistance in the maintenance at home of disabled children under section 61 of the Health Act 1970 (No. 1 of 1970) and known as domiciliary care allowance or sums received by way of payment from the Executive in respect of a child who is boarded out shall be disregarded.
(3)In calculating or estimating the weekly income under sub-article
(1), any sums received from compensation awarded— (
  1. a)by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products, (
  2. b)by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 (No.13 of 2002), (
  3. c)to persons who have disabilities caused by Thalidomide, or (
  4. d)under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person (within the meaning of that Act), shall be disregarded.
(4)A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article
(1)would not suffice in determining the amount of weekly income, may for the purposes of this article have regard to such other period which appears to the officer to be appropriate for that purpose. Reduced rate qualified adult increase 9. Where a claimant or beneficiary of illness benefit, jobseeker’s benefit, injury benefit, or incapacity supplement under Part 2, jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist under Part 3, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column
(1)of Schedule 1, there shall be an increase in benefit, allowance, assistance or supplement, as the case may be, payable at the weekly rate shown opposite that group of amounts in column
(2)of the said Schedule. Reduced rate qualified adult increase— State pensions 10. Subject to articles 62
(3)and 65
(2), where a claimant or beneficiary of State pension (contributory) or State pension (transition) under Part 2, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column
(1)of Schedules 2 or 3, there shall be an increase in pension payable— (a) in the case of a person to whom section 109
(18), 109
(19)or 113 applies, and whose spouse has not attained pensionable age, at half the weekly rate shown opposite that group of amounts in column
(2)of Schedule 3, (b) in the case of any other claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts in column
(2)of Schedule 3, (c) in the case of a person to whom section 109
(18), 109
(19)or 113 applies, and whose spouse has attained pensionable age, at half the weekly rate shown opposite that group of amounts in column
(2)of Schedule 2, or (d) in the case of any other claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column
(2)of Schedule
  1. Reduced rate qualified adult increase — invalidity pension
  2. Where a claimant or beneficiary of invalidity pension under Part 2 would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse's weekly income, calculated or estimated in accordance with article 8, is an amount specified in column
(1)of Schedule 4, there shall be an increase in pension payable— (a) in the case of a claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts specified in column
(2)of Schedule 4, or (b) in the case of a claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column
(3)of Schedule
  1. Spouse income limit — qualified child increase
  2. The weekly income prescribed for the purposes of section 43
(4), 56
(4), 66
(4)or 76
(4), as calculated or estimated in accordance with article 8 shall be €400. Normal residence of qualified child 13.
(1)In this article— “benefit” or “assistance” means any such payments under Parts 2 or 3 (other than guardian’s payment (contributory), death benefit by way of orphan’s pension, guardian’s payment (non-contributory), one-parent family payment or supplementary welfare allowance); “parent” means a parent or step-parent.
(2)The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with this article.
(3)A qualified child shall, subject to sub-articles
(4)to
(11), be regarded as normally residing with his or her parents.
(4)A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided that, where that parent is a member of a household, that the parent so elects.
(5)A qualified child whose parents are separated and who is not resident with either parent shall be regarded as normally residing with the parent who has custody of the child provided that that parent is contributing substantially to the child’s maintenance.
(6)Notwithstanding the provisions of sub-article
(4), a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit or assistance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child’s maintenance.
(7)If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.
(8)Where the normal residence of a qualified child falls to be determined under sub-article
(6)or
(7), and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child’s maintenance, sub-article
(6)or
(7)shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with sub-article
(9).
(9)A qualified child, whose normal residence does not fall to be determined under the foregoing sub-articles, shall be regarded as normally residing with the head of the household of which the child is normally a member and with no other person.
(10)A qualified child who is a refugee within the State from another country shall be regarded as normally residing with the head of the household of which the child is for the time being a member and with no other person.
(11)Where a qualified child is resident in an institution, the child shall be regarded as normally residing only with the person (if any) who contributes towards the cost of the child’s maintenance in the institution, and with whom the child would, under this article, be regarded as normally residing, if the child were not resident in an institution. Persons regarded as receiving full-time education 14.
(1)Subject to sub-articles
(2),
(3)
(4)and
(5), for the purposes of section 2
(3), a person shall be regarded as receiving full-time education while he or she is attending on a full-time basis a course of full-time instruction by day at an institution of education.
(2)For the purposes of sub-article
(1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction— (
  1. a)provided or approved by An Foras Áiseanna Saothair and in respect of which an allowance is payable, but excluding a course known as Youthreach, (
  2. b)which forms part of an employment or work experience programme, (
  3. c)which arises from employment, (
  4. d)which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or (
  5. e)a course of training or instruction provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.
(3)For the purposes of sub-article
(1), a person shall be regarded as continuing to receive full-time education— (
  1. a)for periods during an academic year when that person is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and (
  2. b)for the period immediately following the completion by that person of part of a cycle of education, where such part finishes between 1 May and 30 June in an academic year, up to and including the 3rd Sunday of the next following October or an earlier date if the beneficiary so elects.
(4)Sub-article
(3)(b) shall not apply to a person who completes the final part of a cycle of education, other than the final part of a cycle approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission, and terminates his or her attendance at an institution of education.
(5)In this article “beneficiary” means a person in receipt of or entitled to an increase in any benefit or assistance in respect of a qualified child who is of or over the age of 18 years and under the age of 22 years.
(6)Subject to sub-articles
(7)and
(8), for the purposes of section 2
(6), a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education while he or she is attending a full-time day course of study, instruction or training at an institution of education other than a course of study, training or instruction referred to in paragraphs (a) to (e) of sub-article
(2).
(7)For the purposes of sub-article
(6)a person shall be regarded as continuing to attend a full-time day course of study, instruction or training at an institution of education for periods immediately following the completion by that person of part of a cycle of second level education, where such part finishes on any date between 1 May and 30 June, up to and including the next following 1 September, except where a person completes the final part of a cycle of second level education or where that person terminates second level education.
(8)For the purposes of sub-article
(7)“cycle of second level education” means a cycle of education approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission. Persons regarded as available for employment 15.
(1)Subject to sub-article
(2), a person shall, for the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, be regarded as being available for employment, if he or she can show to the satisfaction of the Minister, that he or she is willing and able, at once, to take up an offer of suitable full-time employment.
(2)A person shall not be regarded as being available for employment if he or she imposes unreasonable restrictions on— (
  1. a)the nature of the employment, (
  2. b)the hours of work, (
  3. c)the rate of remuneration, (
  4. d)the duration of the employment, (
  5. e)the location of the employment, or (
  6. f)other conditions of employment he or she is prepared to accept.
(3)In determining what constitutes suitable full-time employment for the purposes of sub-article
(1), regard shall be had to the following— (
  1. a)the skills, qualifications and experience of the person concerned, (
  2. b)the period for which the person has been unemployed, and (
  3. c)the availability of employment vacancies within travelling distance of his or her residence. Persons regarded as genuinely seeking employment 16.
(1)For the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, a person shall be regarded as genuinely seeking employment if he or she can show, to the satisfaction of the Minister, that he or she has, in the relevant period, taken reasonable steps which offer him or her the best prospects of obtaining employment.
(2)For the purpose of sub-article
(1)“steps” shall include— (
  1. a)applications for employment made to persons— (
  2. i)who have advertised the availability of employment, or (
  3. ii)who appear to be in a position to offer employment, (
  4. b)seeking information on the availability of employment from— (
  5. i)employers, (
  6. ii)advertisements, (iii) persons who have placed advertisements which indicate that employment is available, or (
  7. iv)employment agencies, (
  8. c)availing of reasonable opportunities for training which is suitable in his or her circumstances, (
  9. d)acting on advice given by an officer of the Minister, An Foras Áiseanna Saothair or other placement service concerning the availability of employment, and (
  10. e)taking steps towards establishing himself or herself in self-employment.
(3)For the purpose of this article, the taking of one step on a single occasion during the relevant period shall not be sufficient unless taking that step on that occasion, in that period, is all that is reasonable for the person concerned to do.
(4)In determining for the purposes of this article whether, in a relevant period, a person has taken the steps which are reasonable in his or her case, regard shall be had to his or her circumstances, including in particular— (
  1. a)his or her skills, qualifications and experience, (
  2. b)the steps which he or she has taken previously to seek employment, (
  3. c)the availability and location of vacancies for employment, (
  4. d)the duration of his or her period of unemployment, and (
  5. e)his or her family circumstances.
(5)For the purposes of this article, “relevant period” means the period in respect of which the person concerned has made a declaration in accordance with articles 52 and
  1. Expenses
  2. The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine, which are incurred by a person who is required to attend for medical or other examination under— (a) article 24
(2), (b) article 34
(1), (c) article 58
(1), (d) article 78
(1), (e) article 135
(1), or (f) article 171
(1). Conversion of contributions paid under National Health Insurance Acts 18. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 61
(2)or article 69
(2), every 2 such contributions under those Acts shall be reckoned as 3 contributions paid, with any odd contribution being reckoned as 2 contributions paid. Qualified child increase — linked claims 19.
(1)Subject to sub-article
(2), for the purposes of section 2
(3)(b)(ii), (iii), (iv) and (v), any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant’s last relevant payment.
(2)Periods referred to in sub-article
(1)during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.
(3)In this article “relevant payment” has the meaning assigned to it by section 2
(4). PART 2 Social Insurance Payments CHAPTER 1 Illness Benefit Persons deemed to be incapable of work 20.
(1)For the purposes of Chapter 8 of Part 2, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when— (
  1. a)he or she is under medical care in respect of such a disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement he or she should abstain from work and he or she does not work, or (
  2. b)he or she is a probable source of infection with a disease specified in regulations under the Health Act 1947 (No. 28 of 1947), to be an infectious disease and he or she abstains from work in pursuance of a written order or written advice of a registered medical practitioner.
(2)A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day. Days not to be treated as days of incapacity for work 21. For the purposes of Chapter 8 of Part 2, a day shall not be treated as a day of incapacity, for work if it is a day in respect of which a person— (a) fails to prove to the satisfaction of the Minister that he or she is incapable of work, or (b) is being paid by her employer in respect of health and safety leave in accordance with section 18
(4)of the Act of 1994, or (c) does any work other than work of the nature specified in articles 24
(3)and
(4). Night workers 22.
(1)Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 8 of Part 2, as being, by virtue of such employment, employed— (
  1. a)where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, or (
  2. b)in any other case, he or she shall be regarded as being employed only on the second day.
(2)Where by virtue of the provisions of sub-article
(1), a person— (
  1. a)is to be treated as having been employed on 1 day only of 2 days, and (
  2. b)throughout that part of the other of those 2 days during which that person is incapable of work, that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout that other of those 2 days.
(3)Where by virtue of the provisions of sub-article
(1), a person— (
  1. a)is to be treated as having been employed on the second day only of 2 days, and (
  2. b)throughout the day immediately preceding the first of those 2 days is incapable of work, that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout the first of those 2 days. Special provision relating to delay or failure in claiming 23. Notwithstanding anything contained in article 21, a person who, in respect of any period of interruption of employment, would have been entitled to illness benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall for the purposes of section 44 be treated as having been entitled to illness benefit for that day, but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to illness benefit for that day, to avoid the necessity of re-qualifying for benefit under the said section. Disqualifications 24.
(1)A person shall be disqualified for receiving illness benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she— (
  1. a)has become incapable of work through his or her own misconduct, (
  2. b)fails without good cause to attend for, or to submit himself or herself to, medical or other examination in accordance with sub-article
(2), (
  1. c)fails without good cause to— (
  2. i)comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or to whom he or she attended for medical or other examination, (
  3. ii)refrain from behaviour which is likely to hinder his or her recovery, (iii) see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his or her claim.
(2)(
  1. a)An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to illness benefit to submit himself or herself to medical or other examination at such time and place as may be specified in the notice. (
  2. b)Notice of the time and place of the examination referred to in paragraph (
  3. a)shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3)A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training— (
  1. a)having become incapable of following his or her normal occupation, he or she is undergoing a course of training with a view to taking up some other occupation, (
  2. b)he or she is engaged in part-time work in the nature of rehabilitation or occupational therapy.
(4)A person may engage in the following limited work without prior written permission or specified period of time— (
  1. a)light work for which no remuneration is, or would normally be, payable, (
  2. b)work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50, (
  3. c)work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50. Reckoning of periods of interruption of employment 25. For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a person is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work. Qualifying conditions — illness benefit 26.
(1)For the purposes of section 41
(1)(c)— (
  1. a)the prescribed period shall be the governing contribution year, (
  2. b)subject to sub-article
(2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and (
  1. c)in the case of a claim where— (
  2. i)the period of interruption of employment commenced before 29 December 2003, the prescribed amount shall be €88.87, and (
  3. ii)the period of interruption of employment commenced on or after 29 December 2003, the prescribed amount shall be €149.99.
(2)In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article
(1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.
(3)In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of illness benefit or jobseeker’s benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of illness benefit payable below that to which he or she was previously entitled. Partial satisfaction of conditions for illness benefit 27. Where a claimant would be entitled to illness benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 26
(1)(c), the following provisions shall apply— (a) where, in the case of a claim to illness benefit where the period of interruption of employment commenced before 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column
(1)of Schedule 5, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (b) where, in the case of a claim to illness benefit where the period of interruption of employment commenced on or after 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column
(1)of Schedule 6, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (
  1. c)(
  2. i)any increase of illness benefit payable under section 43
(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column
(3)of the said Schedules 5 or 6 as the case may be, and (ii) any increase of illness benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column
(1)of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, and (d) any increase of illness benefit in respect of a qualified child, payable under section 43
(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied. Contribution conditions — illness benefit 28. Where a claimant would be entitled to illness benefit but for the fact that he or she does not satisfy the requirement contained in section 41
(1)(
  1. b)that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he or she shall be entitled to benefit if he or she— (
  2. a)has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year, (
  3. b)was immediately before claiming illness benefit in receipt of jobseeker’s allowance and was a person to whom section 142
(1)(
  1. a)applied, or (
  2. c)was immediately before claiming illness benefit in receipt of— (
  3. i)pre-retirement allowance, or (
  4. ii)invalidity pension, or (
  5. d)was, immediately before claiming illness benefit— (
  6. i)in receipt of carer’s benefit or carer’s allowance, (
  7. ii)a prescribed relative within the meaning of section 179 and in respect of whom an allowance is payable, (iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance. CHAPTER 2 Maternity Benefit Expected week of confinement and duration of maternity benefit in certain cases 29.
(1)The expected week of confinement to be specified in any certificate pursuant to section 47
(1)(a) shall not be more than 16 weeks after the week in which the certificate is given.
(2)Where in respect of a claim to maternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in paragraph (a) of section 47
(1)has been given, the said paragraph shall for the purpose of that claim, be modified and shall apply as if the said paragraph required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.
(3)In the case of a woman to whom sub-article
(2)applies, maternity benefit shall, subject to article 35, be payable for such 24 week period as may be determined by a deciding officer. Postponement of maternity benefit in event of hospitalisation of child 30.
(1)Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to the postponement of maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Act of 1994.
(2)Subject to sub-article
(3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed maternity leave under the provisions of sections 14B or 16B of the Act of 1994.
(3)For the purposes of sub-article
(2), upon resumption of the period of entitlement to maternity leave, maternity benefit shall be paid— (
  1. a)in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and (
  2. b)for the duration of the remaining period of maternity benefit to which that person is entitled, subject to a maximum of 12 weeks.
(4)The maximum period for which maternity benefit may be postponed under the provisions of this article is 6 months. Volunteer development workers — qualifying conditions 31.
(1)(
  1. a)Subject to paragraph (b), a volunteer development worker shall be entitled to maternity benefit where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied. (
  2. b)For the purposes of paragraph (
  3. a)the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.
(2)(
  1. a)Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to maternity benefit in respect of any claim made in the benefit year in which the person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied. (
  2. b)For the purposes of paragraph (
  3. a)the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave. Determination of income tax year and prescribed weekly amount for purposes of maternity benefit 32.
(1)The income tax year prescribed for the purposes of section 49 shall be the second last complete income tax year before the beginning of the benefit year in which the first day of maternity leave occurs.
(2)The amount prescribed for the purposes of section 49
(1)(c) shall be €207.
  1. Calculation of reckonable weekly earnings
  2. For the purposes of section 49
(2), the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of a woman in any income tax year shall be calculated as her total reckonable earnings, reckonable emoluments and reckonable income for that income tax year, divided by the number of employment contributions and self-employment contributions in the said income tax year, up to a maximum of €350. Medical examination to determining validity of certificate 34.
(1)Where any question arises as to the validity of a certificate by virtue of which a woman claims or is entitled to maternity benefit, she shall, unless the confinement has already occurred, on receipt of not less than 3 days notice in writing given by an officer of the Minister, submit herself to medical examination at such time and place as may be specified in the notice with a view to obtaining a further certificate.
(2)Notice of the time and place of the medical examination referred to in sub-article
(1)shall also be sent to the registered medical practitioner (if any) who is attending the woman required to submit herself to such examination. Disqualifications 35.
(1)Subject to sub-article
(2), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person engages in any occupation other than domestic duties in that person’s own household.
(2)A disqualification referred to in sub-article
(1)shall— (
  1. a)commence not earlier than the first day on which the person engages in any occupation other than domestic duties in that person’s own household, (
  2. b)not apply for the day on which the confinement occurs where a person engages in such occupation before the confinement, and (
  3. c)cease, for any day after the confinement where the person no longer engages in said occupation.
(3)Subject to sub-article
(4), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person fails without good cause to attend for or to submit herself to medical examination in accordance with article 34
(1).
(4)A disqualification referred to in sub-article
(3)shall— (
  1. a)commence not earlier than the day on which the failure occurs, (
  2. b)not apply for the day on which the confinement occurs in the event of the person being confined after such failure, and (
  3. c)cease, for any day after the confinement where the person submits herself to medical examination in accordance with article 34
(1). CHAPTER 3 Health and Safety Benefit Qualifying conditions for benefit 36.
(1)For the purposes of section 53
(1)(b)— (
  1. a)the prescribed period shall be the second last complete contribution year before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed, (
  2. b)subject to sub-article
(2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period, and (
  1. c)in the case of a claim where— (
  2. i)the period of health and safety leave commenced before 29 December 2003, the prescribed amount shall be €88.87, and (
  3. ii)the period of health and safety leave commenced on or after 29 December 2003, the prescribed amount shall be €149.99.
(2)In the case of a claimant whose reckonable earnings, if any, are less than €32.00, as calculated in accordance with sub-article
(1), she shall be deemed to have reckonable weekly earnings of €32.
  1. Partial satisfaction of conditions for benefit
  2. Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed the amount prescribed in article 36
(1)(c), the following provisions shall apply— (a) in the case of a claim to health and safety benefit where the period of health and safety leave commenced before 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column
(1)of Schedule 5 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (b) in the case of a claim to health and safety benefit where the period of health and safety leave commenced on or after 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column
(1)of Schedule 6 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (c) any increase of health and safety benefit in respect of a qualified adult, payable under section 56
(1)shall be at the weekly rate shown opposite to that group of amounts in column
(3)of the said Schedules 5 or 6 as the case may be, and (d) any increase of health and safety benefit in respect of a qualified child, payable under section 56
(2)shall be the same as if the condition regarding reckonable weekly earnings had been fully satisfied. CHAPTER 4 Adoptive Benefit Definitions 38. In this Chapter “relevant day” has the meaning assigned to it by section 59
(2). Volunteer development workers — qualifying conditions 39.
(1)(
  1. a)Subject to paragraph (b), a volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied. (
  2. b)For the purposes of paragraph (
  3. a)the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.
(2)(
  1. a)Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied. (
  2. b)For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day. Determination of income tax year and prescribed weekly amount 40.
(1)The income tax year prescribed for the purposes of section 60 shall be the second last complete income tax year before the beginning of the benefit year in which the relevant day occurs.
(2)The amount prescribed for the purposes of section 60
(1)(c) shall be the amount specified in article 32
(2). Calculation of reckonable weekly earnings 41. For the purposes of section 60
(2)the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of an adopting parent in any income tax year shall be calculated as that parent’s total reckonable earnings, reckonable emoluments and reckonable income for that income tax year divided by the number of employment contributions or self-employment contributions in the said income tax year, up to the amount specified in article 33. Disqualifications 42.
(1)Subject to sub-article
(2), an adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.
(2)A disqualification referred to in sub-article
(1)shall not commence earlier than the first day on which the adopting parent engages in any occupation other than domestic activities in that parent's own household. Postponement of adoptive benefit during hospitalisation of child 43.
(1)Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person’s employer that the claimant is entitled to the postponement of adoptive leave under the provisions of section 11C (as inserted by section 9 of the Adoptive Leave Act 2005 (No. 25 of 2005)) of the Adoptive Leave Act 1995 .
(2)Subject to sub-article
(3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed adoptive leave under the provisions of section 11C of the Adoptive Leave Act 1995 .
(3)For the purposes of sub-article
(2), upon resumption of the period of entitlement to adoptive leave, adoptive benefit shall be paid— (
  1. a)in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and (
  2. b)for the duration of the remaining period of adoptive benefit to which that person is entitled. CHAPTER 5 Jobseeker’s Benefit Days not to be treated as days of unemployment 44.
(1)For the purposes of Chapter 12 of Part 2, a day shall not be treated as a day of unemployment if it is a day in respect of which a person— (
  1. a)fails to prove to the satisfaction of the Minister that he or she is unemployed, capable of work and available for employment, or (
  2. b)follows any occupation from which he or she derives any remuneration or profit, unless such occupation could ordinarily have been followed by him or her in addition to his or her usual employment and outside the ordinary working hours of that employment and either— (
  3. i)the remuneration or profit therefrom for any such day does not exceed €12.70, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or (
  4. ii)not less than 117 employment contributions have been paid in respect of him or her in respect of either the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day.
(2)Where the provisions of sub-paragraph
(1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.
(3)For the purposes of Chapter 12 of Part 2 and notwithstanding the provisions of sub-article
(1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day. Night workers 45.
(1)Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of jobseeker’s benefit, as being, by virtue of such employment, employed— (
  1. a)where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or (
  2. b)in any other case, he or she shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.
(2)Where by virtue of the provisions of sub-article
(1), a person— (
  1. a)is to be treated as having been employed on 1 day only of 2 days, and (
  2. b)throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment, that person shall, for the purposes of Chapter 12 of Part 2, be deemed to be so available for employment, throughout that other of those 2 days. Special provision relating to delay or failure in claiming 46. Notwithstanding anything contained in article 44, a person who, in respect of any period of interruption of employment, would have been entitled to jobseeker’s benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall, for the purposes of section 67 be treated as having been entitled to jobseeker’s benefit for that day, but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to jobseeker’s benefit for that day, to avoid the necessity of requalifying for jobseeker’s benefit under the said section. Qualifying conditions — jobseeker’s benefit 47.
(1)For the purposes of section 64
(1)(c)— (
  1. a)the prescribed period shall be the governing contribution year, (
  2. b)subject to sub-article
(2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and (
  1. c)in the case of a claim where— (
  2. i)the period of interruption of employment commenced before 25 December 2003, the prescribed amount shall be €88.87, and (
  3. ii)the period of interruption of employment commenced on or after 25 December 2003, the prescribed amount shall be €149.99.
(2)In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article
(1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.
(3)In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of jobseeker’s benefit or illness benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of jobseeker’s benefit payable below that to which he or she was previously entitled. Partial satisfaction of conditions for jobseeker’s benefit 48. Where a claimant would be entitled to jobseeker’s benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in sub-article 47
(1)(c), the following provisions shall apply— (a) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced before 25 December 2003 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column
(1)of Schedule 5, there shall be entitlement to jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (b) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced on or after 25 December 2003 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column
(1)of Schedule 6, there shall be entitlement to jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, (
  1. c)(
  2. i)any increase of jobseeker’s benefit payable under section 66
(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column
(3)of the said Schedules 5 or 6 as the case may be, and (ii) any increase of jobseeker’s benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column
(1)of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column
(2)of the said Schedule, and (d) any increase of jobseeker’s benefit in respect of a qualified child, payable under section 66
(2), shall be the same as if the condition as to the reckonable weekly earnings or reckonable weekly income had been fully satisfied. Substantial loss of employment 49. Where a claimant’s reckonable earnings or reckonable income are reduced as a consequence of the loss of employment a claimant shall be regarded, for the purposes of section 62
(1)(d), as having sustained a substantial loss of employment in any period of 6 consecutive days as an officer of the Minister may determine, where he or she has lost 1 day of insurable employment. Disqualification 50. The amount prescribed for the purposes of section 68
(6)(e) shall be €50,000. Casual employment 51.
(1)A person shall be regarded, for the purposes of section 62
(1)(d), as being engaged in casual employment where— (
  1. a)he or she is normally employed for periods of less than a week, (
  2. b)the number of days and the days of the week on which he or she is employed in each period varies with the level of activity in the employer’s business, and (
  3. c)on the termination of each period of employment he or she has no assurance of being re-employed with the same employer.
(2)In determining, for the purposes of sub-article
(1), whether a person is engaged in casual employment account shall be taken of his or her employment in the 6 months immediately preceding the first day of his or her claim for jobseeker’s benefit.
(3)Where a deciding officer or appeals officer considers that the period referred to in sub-article
(2)is not appropriate to determine whether a person is engaged in casual employment, he or she may have regard to such other period which appears to him or her to be appropriate for that purpose. Prescribed manner for proving unemployment 52. A person shall prove unemployment for the purposes of section 62
(1)(
  1. b)by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that— (
  2. a)he or she has been continuously unemployed since the date of his or her claim for jobseeker’s benefit, or (
  3. b)he or she has been unemployed or expects to be unemployed during each day in respect of which jobseeker’s benefit is claimed. CHAPTER 6 Carer’s Benefit Interpretation 53. In this Chapter— “carer” has the meaning assigned to it by section 99; “institution” means— (
  4. a)a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or (
  5. b)a private dwelling wherein a person is boarded out under an arrangement with the Executive; “relevant person” has the meaning assigned to it by section 99. Conditions to be satisfied by non-resident carer 54.
(1)Subject to sub-article
(2)the conditions prescribed for the purposes of paragraph (b) of the definition of “carer” contained in section 99
(1)are that— (
  1. a)a direct system of communication must exist between the carer’s residence and that of the relevant person, and (
  2. b)the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.
(2)For the purposes of paragraph (a) of sub-article
(1)a system of communication shall include a telephone or alarm system. Prescribed manner for certification of disability 55. The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person’s disability shall be in the form for the time being approved by the Minister. Circumstances in which carer is to be regarded as providing full-time care and attention 56. A carer may, for the purposes of Chapter 14 of Part 2, continue to be regarded as providing full-time care and attention to a relevant person where that carer— (
  1. a)would qualify for payment of benefit but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or (
  2. b)the relevant person is attending— (
  3. i)a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or (
  4. ii)a non-residential place of day care approved by the Minister for Health and Children. Conditions and circumstances under which a carer may engage in employment, self-employment, training and education 57.
(1)Subject to sub-article
(2), where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may— (a) engage, subject to sub-article
(3), in employment, or (b) engage, subject to sub-article
(4), in self-employment, or (c) undertake such training or course of education as the Minister may from time to time determine.
(2)The aggregate duration of the activities outside the home referred to in paragraphs (a), (b) and (c) of sub-article
(1)shall not exceed 15 hours per week.
(3)The earnings derived from employment outside the home under paragraph (a) of sub-article
(1)and calculated in accordance with sub-article
(5)shall not exceed €290 per week.
(4)The conditions for the purposes of paragraph (b) of sub-article
(1)are that the amount of gross income derived from such self-employment, outside the home, reduced by any expenses necessarily incurred, does not exceed €290 per week.
(5)For the purposes of sub-article
(3)the earnings shall be calculated as the gross earnings reduced by the aggregate of— (
  1. a)any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ), (
  2. b)any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997), (
  3. c)any contributions payable under section 13
(2)(
  1. b)and Regulations made under section 14, (
  2. d)any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979), (
  3. e)any payment to a Trade Union, (
  4. f)any health insurance contract premium. Medical examination and disqualification 58.
(1)An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.
(2)Notice of the time and place of the examination referred to in sub-article
(1)shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.
(3)Subject to sub-article
(4), a carer shall be disqualified for receiving carer’s benefit if and for so long as the person in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or submit to the medical examination in accordance with this article.
(4)A disqualification referred to in sub-article
(3)shall not commence earlier than the day on which the failure to attend for or submit to the medical examination occurs. CHAPTER 7 State Pension (Contributory) Interpretation 59. In this Chapter— “entry into insurance” in the case of a relevant person has the meaning assigned to it by section 108
(5); “relevant period” means the period over which the yearly average of contributions is calculated for State pension (contributory) purposes in accordance with section 108
(2); “relevant person” has the meaning assigned to it by section 108
(4); “yearly average” and “alternative yearly average” have the meanings assigned to them by section 108
(2). Conditions to be satisfied by non-resident homemaker 60.
(1)Subject to sub-article
(2)the conditions prescribed for the purposes of paragraph (c)(iii) of the definition of “homemaker” contained in section 108
(2)are that— (
  1. a)a direct system of communication must exist between the homemaker's residence and that of the relevant person, and (
  2. b)the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.
(2)For the purposes of paragraph (a) of sub-article
(1)a system of communication shall include a telephone or alarm system.
(3)For the purposes of this article “relevant person” has the meaning given to it by section 179. Reckoning of contributions under National Health Insurance Acts 61.
(1)Notwithstanding section 108
(4), a person who— (
  1. a)had not attained the age of 60 years before 5 January 1953, and (
  2. b)had not entered into insurance before attaining that age, shall be deemed to satisfy the condition for State pension (contributory) contained in section 109
(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 109
(1)(c) shall be calculated in accordance with sub-article
(3).
(2)Notwithstanding section 108
(5), for the purpose of satisfying the contribution condition for State pension (contributory) contained in section 109
(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18 be taken into account, but, in any such case, the yearly average for the purposes of section 109
(1)(c) shall be calculated in accordance with sub-article
(3).
(3)The yearly average, in the case of a person to whom sub-article
(1)or
(2)applies, shall be the average per contribution year of contribution weeks in respect of which that person has qualifying contributions, voluntary contributions or credited contributions reckonable for State pension (contributory) purposes in the period commencing— (
  1. a)on 5 January 1953, in case the claimant is a man, or (
  2. b)on 6 July 1953, in case the claimant is a woman, and ending at the end of the last complete contribution year before the date of the claimant's attaining pensionable age. Partial satisfaction of contribution conditions for State pension (contributory) 62.
(1)Subject to sub-article
(2), where a person would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension at a rate determined in accordance with sub-articles
(3),
(4)and
(6).
(2)Sub-article
(1)shall apply in the case of a person— (
  1. a)who has a yearly average of not less than 10, and (
  2. b)where he or she has a yearly average of less than 20, he or she has qualifying contributions in respect of not less than 260 contribution weeks since entry into insurance.
(3)In the case of a person to whom sub-article
(1)applies, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 8 the pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule.
(4)Subject to sub-article
(5), in the case of a person to whom sub-article
(3)applies, any increase payable under section 112
(1)shall be payable— (a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column
(3)opposite to the amount in column
(2)of Schedule 8, and (b) in any other case, at the weekly rate shown in column
(4)opposite to the amount shown in column
(2)of the said Schedule 8.
(5)In the case of a person to whom section 109
(10)applies, the minimum rate of increase payable in accordance with sub-article
(4)shall be— (
  1. a)€129.80 where his or her spouse is over the age of 66 years, and (
  2. b)€113.10 where his or her spouse is under the age of 66 years.
(6)Subject to sub-article
(7), in the case of a person to whom sub-article
(3)applies, any increase payable in accordance with section 297 shall be payable— (a) where his or her spouse has attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 2, at the weekly rate shown opposite that amount— (i) in column
(3)where the yearly average of the claimant or beneficiary is 20-47, (ii) in column
(4)where the yearly average of the claimant or beneficiary is 15-19, (iii) in column
(5)where the yearly average of the claimant or beneficiary is 10-14, and (iv) in column
(6)where the yearly average of the claimant or beneficiary is 5-9, and (b) where his or her spouse has not attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 3, at the weekly rate shown opposite that amount— (i) in column
(3)where the yearly average of the claimant or beneficiary is 20-47, (ii) in column
(4)where the yearly average of the claimant or beneficiary is 15-19, (iii) in column
(5)where the yearly average of the claimant or beneficiary is 10-14, and (iv) in column
(6)where the yearly average of the claimant or beneficiary is 5-9.
(7)In the case of a person to whom section 109
(10)applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 9 the rate payable shall be that shown in— (a) column
(2)of Schedule 9 where his or her spouse has attained pensionable age, and (b) column
(3)of Schedule 9 where his or her spouse has not attained pensionable age. Entitlement to pro-rata State pension (contributory) 63. In the case of a relevant person who— (a) would, but for the fact that the contribution condition set out in section 109
(1)(
  1. c)is not satisfied, be entitled to State pension (contributory), (
  2. b)is not entitled to pension under article 62, (
  3. c)is not in receipt of an State pension (contributory) by virtue of article 65, Regulation (EEC) 1408/71 1 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and (
  4. d)had periods in which he or she had been— (
  5. i)employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in articles 81
(2)(a), 82
(2)(a) or 83
(2)(
  1. a)of the Regulations of 1996 were paid, and (
  2. ii)an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom— (I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of or credited to him or her, or (II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of him or her, since— (A) 5 January 1953, as respects a man, (B) 6 July 1953, as respect a woman, or (C) his or her date of entry into insurance, whichever is the later, he or she shall be entitled to a State pension (contributory) at the rate calculated in accordance with article 64. Calculation of rate of pro-rata State pension (contributory) 64.
(1)The rate of State pension (contributory) payable to a relevant person referred to in article 63 shall be calculated in accordance with the formula— A X B C where— A is the rate of State pension (contributory) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (contributory) purposes, B is the number of— (
  1. i)employment contributions paid in respect of or credited to the relevant person, (
  2. ii)self-employment contributions paid by him or her, and (iii) voluntary contributions paid by him or her, during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), and C is the total number of— (
  3. i)all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12
(1)(
  1. b)only) paid in respect of or credited to the relevant person, (
  2. ii)all of the self-employment contributions paid by him or her, and (iii) all of the voluntary contributions paid by him or her, during the relevant period.
(2)Notwithstanding sub-article
(1), any increase payable under section 112
(2),
(4),
(5)or
(6)shall be the same as if the contribution condition set out in section 109
(1)(c) had been fully satisfied. Special partial State pension (contributory) 65.
(1)In the case of a person who became an employed contributor paying employment contributions reckonable for the purposes of entitlement to State pension (contributory) at the time of and as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and who would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution condition is not satisfied and that person is not entitled to State pension (contributory) under article 62 he or she shall, where the person has a yearly average of not less than 5, be entitled to State pension (contributory) at a rate determined in accordance with sub-articles
(2),
(3)and
(5).
(2)In the case of a person to whom sub-article
(1)applies, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 8, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule.
(3)Subject to sub-article
(4), in the case of a person to whom sub-article
(2)applies, any increase payable under section 112
(1)shall be payable— (a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column
(3)opposite to the amount in column
(2)of Schedule 8, and (b) in any other case, at the weekly rate shown in column
(4)opposite to the amount shown in column
(2)of Schedule 8.
(4)In the case of a person who, on 5 April 2001 is entitled to or in receipt of a pension in accordance with this article which includes an increase in respect of a qualified adult, the minimum rate of increase payable in accordance with sub-article
(3)shall be— (
  1. a)€129.80 where his or her spouse is over the age of 66 years, and (
  2. b)€113.10 where his or her spouse is under the age of 66 years.
(5)Subject to sub-article
(6), in the case of a person to whom sub-article
(2)applies, any increase payable in accordance with section 297 shall be payable— (a) where his or her spouse has attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 2, at the weekly rate shown opposite that amount— (i) in column
(4)where the yearly average of the claimant or beneficiary is 15-19, (ii) in column
(5)where the yearly average of the claimant or beneficiary is 10-14, and (iii) in column
(6)where the yearly average of the claimant or beneficiary is 5-9, and (b) where his or her spouse has not attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 3, at the weekly rate shown opposite that amount— (i) in column
(4)where the yearly average of the claimant or beneficiary is 15-19, (ii) in column
(5)where the yearly average of the claimant or beneficiary is 10-14, and (iii) in column
(6)where the yearly average of the claimant or beneficiary is 5-9.
(6)In the case of a person to whom section 109
(10)applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column
(1)of Schedule 9 the rate payable shall be that shown in— (a) column
(2)of Schedule 9 where his or her spouse has attained pensionable age, and (b) column
(3)of Schedule 9 where his or her spouse has not attained pensionable age. Calculation of yearly average
  1. In calculating the yearly average or alternative yearly average for State pension (contributory) purposes in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number. Saver
  2. The provisions of this Chapter shall not operate so as to disentitle to a State pension (contributory), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (contributory) contained in section 109
(1)by virtue solely of his or her insurance under the Principal Act. CHAPTER 8 State Pension (Transition) Interpretation 68. In this Chapter— “entry into insurance” in the case of a relevant person has the meaning assigned to it by section 114
(5); “relevant period” means the period over which the yearly average of contributions is calculated for State pension (transition) purposes in accordance with section 114
(3); “relevant person” has the meaning assigned to it by section 114
(4); “yearly average” and “alternative yearly average” have the meanings assigned to them by section 114
(3). Reckoning of contributions under National Health Insurance Acts 69.
(1)Notwithstanding section 114
(5), a person who— (
  1. a)had not attained the age of 55 years before 5 January 1953, and (
  2. b)had not entered into insurance before attaining that age, shall be deemed to satisfy the condition for State pension (transition) contained in section 115
(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 115
(1)(c) shall be calculated in accordance with section 114
(3).
(2)Notwithstanding section 114
(5), for the purpose of satisfying the contribution condition for State pension (transition) contained in section 115
(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18, be taken into account, but, in any such case, the yearly average for the purposes of section 115
(1)(c) shall be calculated in accordance with section 114
(3). Period of retirement 70. For the purposes of section 114, a period of retirement shall be— (
  1. a)where the person has attained the age of 65 years and has not yet attained the age of 66 years, any period subsequent to his or her retirement from employment which is insurable employment or insurable self-employment under the Principal Act (other than employment which is insurable for occupational injuries benefit only) during which he or she does not engage in such employment, or (
  2. b)where the person has attained the age of 66 years, any period subsequent to his or her attainment of that age whether he or she is engaged in employment or not. Partial satisfaction of contribution conditions for State pension (transition) 71.
(1)Where a person would be entitled to State pension (transition) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension, where the person’s yearly average is not less than 24, at a rate determined in accordance with sub-article
(2).
(2)In the case of a person to whom sub-article
(1)applies, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 10, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule, but any increase payable under section 117 shall be the same as if the contribution condition set out in section 115
(1)(
  1. c)had been fully satisfied. Entitlement to pro-rata State pension (transition) 72. In the case of a relevant person who— (
  2. a)would, but for the fact that the contribution condition set out in section 115
(1)(
  1. c)is not satisfied, be entitled to State pension (transition), (
  2. b)is not entitled to pension under article 71, (
  3. c)is not in receipt of a State pension (transition) by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and (
  4. d)had periods in which he or she had been— (
  5. i)employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in article 81
(2)(a), 82
(2)(a) or 83
(2)(
  1. a)of the Regulations of 1996 were paid, and (
  2. ii)an employed contributor, or a voluntary contributor in respect of whom— (I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of or credited to him or her, or (II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of him or her, since— (A) 5 January 1953, as respects a man, (B) 6 July 1953, as respect a woman, or (C) his or her date of entry into insurance, whichever is the later, he or she shall be entitled to a State pension (transition) at the rate calculated in accordance with article 73. Calculation of rate of pro-rata State pension (transition) 73.
(1)The rate of State pension (transition) payable to a relevant person referred to in article 72 shall be calculated in accordance with the formula— A X B C where— A is the rate of State pension (transition) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (transition) purposes, B is the number of— (
  1. i)employment contributions paid in respect of or credited to the relevant person, and (
  2. ii)voluntary contributions paid by him or her, during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), and C is the total number of— (
  3. i)all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12
(1)(
  1. b)only) paid in respect of or credited to the relevant person, (
  2. ii)all of the self-employment contributions paid by him or her, and (iii) all of the voluntary contributions paid by him or her, during the relevant period.
(2)Notwithstanding sub-article
(1), any increase payable under section 117
(2),
(4),
(5)or
(6)shall be the same as if the contribution condition set out in section 115
(1)(c) had been fully satisfied. Calculation of yearly average
  1. In calculating the yearly average or alternative yearly average for State pension (transition) purposes, in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number. Saver
  2. The provisions of this Chapter shall not operate so as to disentitle to a State pension (transition), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (transition) contained in section 115
(1)by virtue solely of his or her insurance under the Principal Act. CHAPTER 9 Invalidity Pension Definition of permanently incapable of work 76.
(1)Subject to sub-article
(2), for the purposes of section 118, a person shall be regarded as being permanently incapable of work if immediately before the date of claim for the said pension— (
  1. a)he or she has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year, or (
  2. b)he or she is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.
(2)Sub-article
(1)shall not apply where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that the person is no longer likely to continue to be incapable of work for at least a further year or for life, as the case may be. Conditions for receipt of invalidity pension 77. For the purposes of section 119
(2)(b), the “relevant date” means any date subsequent to the commencement of a period of incapacity for work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life. Disqualification 78.
(1)A person shall be disqualified for receiving invalidity pension if and so long as he or she fails without good cause to— (
  1. a)attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing, (
  2. b)obey any instructions, relating to his or her behaviour or any other matter concerning his or her incapacity, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a), (
  3. c)see an officer of the Minister and answer any reasonable enquiries by any such officer relating to his or her claim.
(2)A person in receipt of or entitled to invalidity pension shall not engage in work whether on his or her own account or on account of another person except as permitted under sub-article
(3).
(3)A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training— (
  1. a)having become permanently incapable of following his or her usual occupation, a course of training with a view to taking up some other occupation, (
  2. b)work in the nature of rehabilitation or occupational therapy, (
  3. c)light work for which no remuneration is or would ordinarily be payable. CHAPTER 10 Widow’s (Contributory) Pension and Widower’s (Contributory) Pension Interpretation 79. In this Chapter— “existing pensions contributor” means any person who at any time was, or was deemed to be or treated as, an insured person under the Widows’ and Orphans’ Pensions Acts; “pension” means a widow’s (contributory) pension in the case of a widow and a widower’s (contributory) pension in the case of a widower; “relevant contribution condition” means the contribution condition set out in section 125
(1)(b)(ii); “relevant period” means the period over which the yearly average of contributions per contribution year is calculated for pension purposes in accordance with section 125
(1)(b)(ii); “yearly average” has the meaning assigned to it by section 123. Partial satisfaction of contribution conditions for widow’s and widower’s pension 80.
(1)Where a person would be entitled to pension but for the fact that the relevant contribution condition is not satisfied the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article
(2).
(2)In the case of a person to whom sub-article
(1)applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125
(1)(b)(ii) had been fully satisfied.
(3)In the case of a person to whom sub-article
(1)applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(3)of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125
(1)(b)(ii) had been fully satisfied. Special partial widow’s and widower’s pension 81.
(1)In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and where there would be entitlement to pension by virtue of the person’s or the person’s spouse’s insurance record but for the fact that the relevant contribution condition is not satisfied and there is no entitlement to pension under article 80, the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 5, at a rate determined in accordance with sub-article
(2).
(2)In the case of a person to whom sub-article
(1)applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125
(1)(b)(ii) had been fully satisfied.
(3)In the case of a person to whom sub-article
(1)applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column
(3)of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125
(1)(b)(ii) had been fully satisfied. Reckoning of contributions paid under Widows’ and Orphans’ Acts 82.
(1)In determining whether the contribution condition for pension contained in section 125
(1)(
  1. a)has been satisfied in respect of an existing pensions contributor— (
  2. a)entry into insurance under the Widows’ and Orphans’ Pensions Acts shall be treated as entry into insurance under the Principal Act, and (
  3. b)every 2 contributions paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contributions paid under the said Act.
(2)For the purposes of section 125
(1)(
  1. b)and article 80, the following provisions shall have effect in relation to an existing pensions contributor— (
  2. a)in determining whether the contribution condition for pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts since the date of such contributor’s entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows’ and Orphans’ Pensions Act shall be treated as 2 contributions paid or credited under the said Principal Act, (
  3. b)any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor’s entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the said Act but in relation to a male existing pensions contributor the period from 2 July 1951 to the 4 January 1953, shall be treated as one contribution year, and (
  4. c)entry into insurance under the Widows’ and Orphans’ Pensions Acts may be treated as entry into insurance under the Principal Act. Calculation of yearly average 83. In calculating the yearly average for pension purposes a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number. CHAPTER 11 Deserted Wife’s Benefit Interpretation 84. In this Chapter— “deserted wife’s benefit” means a payment referred to in paragraph (
  5. a)of the definition of “relevant payment” in section 178
(1); “relevant period” means the period over which the yearly average of contributions per contribution year is calculated for the purposes of deserted wife’s benefit in accordance with section 178A
(2)(b)(ii); “yearly average” means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions or credited contributions in the appropriate period specified in section 178A
(2)(b). Conditions for receipt of deserted wife’s benefit 85. A payment under paragraph (a) in the definition of “relevant payment” in section 178
(1)shall be made, subject to the following— (
  1. a)a woman who has been deserted by her husband shall make and continue to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband, and (
  2. b)she and any person shall not cohabit as husband and wife. Income limit 86.
(1)The amount prescribed for the purposes of section 178A
(1)(a) shall be €12,697.38.
(2)The amount prescribed for the purposes of section 178A
(1)(c)(i) shall be €17,776.33. Partial satisfaction of contribution conditions 87.
(1)Subject to article 89, where a woman would be entitled to deserted wife’s benefit but for the fact that the yearly average contribution conditions are not satisfied, she shall be entitled to deserted wife’s benefit, where the yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article
(2).
(2)In the case of a woman to whom sub-article
(1)applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column
(2)of the said Schedule, but any increase payable under section 178A
(3)shall be the same as if the contribution condition set out in section 178A
(2)(b)(ii) had been fully satisfied.
(3)In the case of a woman to whom sub-article
(1)applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column
(1)of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column
(3)of the said Schedule, but any increase payable under section 178A
(3)shall be the same as if the contribution condition set out in section 178A
(2)(b)(ii) had been fully satisfied. Special partial payment 88.
(1)Subject to article 89, in the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having ceased to be an employed contributor and where there would be entitlement to deserted wife’s benefit by virtue of the person’s or the person’s spouse’s social insurance contribution record but for the fact that the relevant contribution condition set out in section 178A
(2)(b)(ii) is not satisfied and there is no entitlement to benefit under article 87, she shal

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