(ii) in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, prescribed reckonable weekly income, in excess of a prescribed amount in the prescribed period. [1993 s32(2); 2005 (SW&P) s26 & Sch 4]
\n
(2)In the case of a claim for disability benefit where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”. [2003 s9(1)(b)]
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(3)In the case of a claim for disability benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004, subsection (1)(a) shall be read as if “39” were substituted for “52”. [1993 s32(3); 2005 (SW&P) s11(a)]
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(4)Regulations may provide for entitling to disability benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied. [1993 s32(4)]
\n
(5)Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3 January 1981, or would but for section 40
\n
(2)or 46(1) have been so entitled, then, in relation to disability benefit, the benefit year which includes the first such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the condition contained in subsection (1)(b), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to that benefit has not been exhausted up to and including the 312th day in that period in respect of which the benefit has been paid. [1993 s32(5)]
\n
(6)Regulations may provide for modifications of the contribution conditions set out in subsection (1). [1993 s32(6)]
\n
(7)Subject to subsection (8), regulations may provide for entitling to disability benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied. [1993 s32(7)]
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(8)Regulations under subsection (7) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 and the rate specified by the regulations may vary with the extent to which either of the conditions set out in subsection (1)(c) is satisfied. [1993 s32(8)]
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(9)The requirement contained in subsection (1)(b)(i) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work beginning before 1 July 1992. [1993 (No. 2) s12; 1999 s24(1)]
\n
(10)The requirement contained in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for disability benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years. [2005 (SW&P) s4(1)]
\n
(11)In the case of any claim for disability benefit, where, at the time of application for that benefit, the claimant— (a) is in receipt of or entitled to unemployment assistance under section 142
\n
(1)(a), and (b) has qualifying contributions in respect of not less than 260 weeks, subsection (1)(b)(i) shall be read as if “39 contribution weeks” were substituted for “39 contribution weeks, of which at least 13 must be qualifying contributions” and subsection (1)(c) shall not apply. [2005 (SW&P) s4(1)]
\n
(12)In the case of any claim for disability benefit where, on the date immediately before the claim, a person was in receipt of or entitled to occupational injury benefit, subsection (1)(b)(i) shall be read as if “in the second last or third last complete contribution year” were substituted for “in the second last complete contribution year”.
\n
Rate of benefit. [1993 s33] 42.—Subject to this Act, the weekly rate of disability benefit shall be as set out in column (2) of Part 1 of Schedule 2.
\n
Increases for qualified adult and qualified children. [1993 s34(1); 1997 s28(4) & Sch F] 43.—(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person. [1993 s34(2); 1994 s32 & Sch F]
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(2)The weekly rate of disability benefit shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary. [1993 s34(3); 2003 s10(1)(a)]
\n
(3)Subject to subsection (4), any increase of disability benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly. [2003 s10(1)(a)]
\n
(4)Subsection (3) shall not apply and no increase of disability benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
\n
Duration of payment. [1993 s35(1)] 44.—(1) Where a person— (a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and (b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date one year immediately before that day, to disability benefit for 312 days, the person shall not be entitled to disability benefit for that day unless since the last of those 312 days and before that day he or she has requalified for benefit. [1993 s35(2)]
\n
(2)In the case of a claim for disability benefit which was made before 5 April 1993 subsection (1)(b) shall be read as if “3 years” were substituted for “one year”. [1993 s35(3)]
\n
(3)Notwithstanding subsection (1), where in any period a person has exhausted entitlement to disability benefit he or she shall not requalify for that benefit unless he or she satisfies the conditions set out in subsection (4). [1993 s35(4)]
\n
(4)Where a person has exhausted his or her right to disability benefit— (a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to benefit, and (b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment. [1993 s35(5)]
\n
(5)For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of section 46
\n
(1)shall be treated as though it were a period in respect of which disability benefit was paid. [1993 s35(6)]
\n
(6)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where he or she would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim 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 benefit for that day, to avoid the necessity of requalifying for benefit under this section. [1993 s35(7)]
\n
(7)Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and the person would be entitled to disability benefit but for the fact that the contribution condition in section 41
\n
(1)(b)(i) or (ii) is not satisfied, the person is deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work. [1993 s35(8)]
\n
(8)In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began before 6 April 1987, subsection (1)(a) shall be read as if “156” were substituted for “260”. [1993 s35(9)]
\n
(9)In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began on or after 6 April 1987 and before 4 January 1988, subsection (1)(a) shall be read as if “208” were substituted for “260”. [1993 s35(10)]
\n
(10)Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work began on or after 4 July 1988.
\n
Duration of payment (optional contributors). [1993 (No.2) s7] 45.—(1) Notwithstanding section 44 , where in any period of interruption of employment a person, having satisfied the contribution conditions contained in section 41 by virtue of having paid optional contributions, has been entitled to disability benefit for 312 days, he or she shall not be entitled to that benefit for any subsequent day of incapacity for work unless before that day the person has requalified for benefit in accordance with subsection (2). [1993 (No.2) s7]
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(2)Where a person to whom subsection (1) applies has paid optional contributions in the contribution year following the benefit year which includes that 312th day, he or she shall requalify for disability benefit in the benefit year after the contribution year in respect of which those optional contributions have been paid.
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Disqualifications. [1993 s36(1)] 46.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 9 weeks as may be determined under this Part where— (a) the person has become incapable of work through his or her own misconduct, or (b) the person fails without good cause to attend for or to submit himself or herself to any medical or other examination or treatment that may be required in accordance with the regulations, or to observe any prescribed rules of behaviour. [1993 s36(2)]
\n
(2)Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of disability benefit and restrictions on the rate and duration of that benefit where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or injustice. [1993 s36(3)]
\n
(3)Regulations may also provide for disqualifying a person for the receipt of disability benefit where he or she fails, on becoming or again becoming incapable of work, to make a claim within the prescribed time, but those regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.
\n
Chapter 9
\n
Maternity Benefit Entitlement to and duration of benefit. [1997 s10(1)] 47.—(1) Subject to this Act, a woman shall be entitled to maternity benefit where— (a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that the woman will be confined in a week specified in the certificate (hereafter in this section referred to as “the expected week of confinement”) not being more than the prescribed number of weeks after that in which the certificate is given, (b) in the case of an employed contributor, it is certified by the woman's employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act 1994, and (c) subject to subsection (2), she satisfies the contribution conditions in section 48 . [1997 s10(1)]
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(2)The requirement in subsection (1)(c) shall not apply in the case of a claim for maternity benefit made by a woman who was in receipt of health and safety benefit under section 52 at any time during the pregnancy as a result of which it is expected that she will be confined. [1997 s10(1)]
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(3)Regulations may provide for entitling to maternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of women who would be entitled to that benefit but for the fact that the contribution conditions in section 48 are not satisfied. [1997 s10(1); 2001 s12(1)(a)]
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(4)(a) Subject to this Act and paragraph (b), where a woman, who has been delivered of a living child, dies at any time before the expiry of the twenty-second week following the week of her confinement, the father of the child shall, subject to satisfying the contribution conditions in section 48 , be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other than section 50 (b)) apply in all respects in the case of that man. (b) Paragraph (a) applies in the case of an employed contributor where it is certified by his employer that he is entitled to leave under section 16 of the Maternity Protection Act 1994. (c) In this Act, a reference to maternity benefit shall be read as including a reference to benefit payable to a man under this subsection. [1997 s10(1); 2004 (MP) s8(1)]
\n
(5)Subject to this Chapter, maternity benefit shall be payable to— (a) a woman, who is an employed contributor, for the period of maternity leave to which she is entitled under section 8 of the Maternity Protection Act 1994 (including any extension of that period by virtue of section 12 of that Act), (b) a woman, who is in insurable self-employment, for 18 weeks— (i) beginning not later than 2 weeks before the end of the expected week of confinement, and (ii) ending not earlier than 4 weeks after the end of the expected week of confinement, but if the date of confinement occurs in a week after the expected week of confinement, the period in respect of which benefit shall be payable shall be extended by the number of consecutive weeks, subject to a maximum of 4 consecutive weeks, after the week in which the date of confinement occurs as ensures compliance with subparagraph (ii), (c) a man, who— (i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act 1994, or (ii) is in insurable self-employment, for a period beginning on the day after the day on which the death of the mother occurs— (I) where the mother dies before the expiry of the sixteenth week following the week of her confinement, to the end of the sixteenth week following the week of her confinement, or (II) where the mother dies after the expiry of the sixteenth week but before the expiry of the twenty-fourth week following the week of her confinement, to the end of the twenty-fourth week following the week of her confinement, but if the beneficiary dies, the benefit shall not be payable for any subsequent day. [1997 s10(1)]
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(6)Regulations may modify subsections (1) and (5) in relation to cases where— (a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and (b) a certificate referred to in subsection (1)(a) has not been given. [2004 (MP) s8]
\n
(7)Regulations may provide for the postponement of the payment of maternity benefit in the event of the hospitalisation of the child in respect of whose birth the person is entitled to that benefit, subject to the conditions and in the circumstances that may be prescribed. [1997 s10(1); 2001 s37 & Sch F]
\n
(8)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent. [1997 s10(1)]
\n
(9)In the case of an employed contributor, where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity benefit is payable under subsection (5), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred. [1997 s10(1)]
\n
(10)Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for maternity benefit.
\n
Conditions for receipt.
\n
48.—The contribution conditions for maternity benefit are— [1997 s10(1); 2005 (SW&P) s11(b)] (a) in the case of an employed contributor— (i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant day, and (II) (A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or (B) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs, or (ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment, she satisfies the contribution conditions in paragraph (b), [1997 s10(1)] (b) in the case of a person in insurable self-employment— (i) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or (ii) where the claimant was previously an employed contributor, that she satisfies the contribution conditions in paragraph (a)(i) or that she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.
\n
Rate of benefit. [1997 s10(1); 2004 SWA s7] 49.—(1) Subject to this Act, the weekly rate of maternity benefit shall be an amount equal to the greater of— (a) 75 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (b) the amount of disability benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or (c) any amount that shall be prescribed. [1997 s10(1)]
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(2)In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income that may be prescribed, received in a week up to that limit that may be prescribed.
\n
Disqualifications. [1997 s10(1)] 50.—Regulations may provide for disqualifying a woman for receiving maternity benefit where— (a) during the period for which the benefit is payable, she engages in any occupation other than domestic activities in her own household, or (b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.
\n
Supplementary provisions. [1997 s10(1)] 51.—(1) In this Chapter— (a) “confinement” means labour resulting in the issue of a living child, or labour after 24 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be read accordingly; “registered medical practitioner” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 ; “relevant day” means the first day for which maternity benefit is claimed; (b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, where a woman is confined with twins or a greater number of children, to the date of the issue of the last child. [1997 s10(1)]
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(2)In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act 1987 ) of the Family Law (Maintenance of Spouses and Children) Act 1976 , in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.
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Chapter 10
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Health and Safety Benefit Entitlement to benefit. [SI 25/95 Art 6] 52.—(1) In this Chapter— “confined” and “confinement” have the meanings given to them by section 51 ; “relevant period” has the meaning given to it by section 18
\n
(6)of the Maternity Protection Act 1994 . [SI 25/95 Art 6]
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(2)Subject to this Act, a woman shall be entitled to health and safety benefit, where— (a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined or that she has been confined, as the case may be, in a week specified in the certificate, (b) it is certified by her employer, in accordance with section 18
\n
(2)of the Maternity Protection Act 1994 , that she has been granted leave under section 18 of that Act (hereafter in this Chapter referred to as “health and safety leave”), and (c) she satisfies the conditions in section 53 . [SI 25/96 Art 6; 2001 s37 & Sch F]
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(3)For the purposes of this Chapter— (a) any 2 periods of health and safety leave arising in a relevant period shall be treated as one period of health and safety leave, and (b) a Sunday shall not in any week be treated as a day of entitlement to health and safety benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
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Conditions for receipt. [SI 25/96 Art 6; 2005 (SW&P) s11(c)] 53.—(1) The conditions for health and safety benefit are— (a) (i) that the claimant has qualifying contributions in respect of not less than 13 contribution weeks in the 12 months immediately before the expected date of confinement or the actual date of confinement, as the case may be, or (ii) (I) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and (II) (A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, or (B) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed, and (b) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period. [2003 s9(2)(b)]
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(2)In the case of a claim for health and safety benefit where the period of health and safety leave began before 5 April 2004, subsection (1)(a)(ii)(I) shall be read as if “39” were substituted for “52”. [SI 25/95 Art 6]
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(3)The requirement in subsection (1)(a) shall not apply in the case of a claim for health and safety benefit which is made in a relevant period where the claimant was previously in receipt of maternity benefit under section 47 in that relevant period. [SI 25/95 Art 6]
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(4)Subject to subsection (5), regulations may provide for entitling to health and safety benefit a woman who would be entitled to that benefit but for the fact that the condition in subsection (1)(b) is not satisfied. [SI 25/95 Art 6]
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(5)Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue of that subsection shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the condition in subsection (1)(b) is satisfied. [1999 s24(3)]
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(6)The requirement contained in subsection (1)(b) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for health and safety benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
\n
Duration of payment. [SI 25/95 Art 6] 54.—(1) Subject to this Chapter, health and safety benefit shall be payable from the day immediately following the last of the 21 days of health and safety leave in respect of which the claimant is entitled to receive remuneration from her employer under section 18(4) of the Maternity Protection Act 1994 and regulations made under that subsection and shall continue to be payable for the period of health and safety leave granted to the claimant under Part III of the Maternity Protection Act 1994. [SI 25/95 Art 6]
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(2)Health and safety benefit shall not be payable for any day in respect of which maternity benefit under section 47 is payable. [SI 25/95 Art 6]
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(3)Where the woman who is entitled to health and safety benefit dies, the benefit shall not be payable for any subsequent day.
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Rate of benefit. [SI 25/95 Art 6] 55.—Subject to this Act, the weekly rate of health and safety benefit shall be as set out in column (2) of Part 1 of Schedule 2.
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Increases for qualified adult and qualified children. [SI 25/95 Art 6; 1997 s28(4) & Sch F] 56.—(1) The weekly rate of health and safety benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person. [SI 25/95 Art 6]
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(2)The weekly rate of health and safety benefit shall be increased by the appropriate amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary. [SI 25/95 Art 6; 2003 s10(1)(b)]
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(3)Subject to subsection (4), any increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly. [2003 s10(1)(b)]
\n
(4)Subsection (3) shall not apply and no increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
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Disqualifications. [SI 25/95 Art 6] 57.—A woman shall be disqualified for receiving health and safety benefit during any period in which she engages in any occupation other than domestic activities in her own household.
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Chapter 11
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Adoptive Benefit Entitlement to and duration of adoptive benefit. [1997 s11(1)] 58.—(1) In this Chapter— “adopting parent”— (a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 , and (b) in the case of a person in insurable self-employment means— (i) a woman in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, (ii) a man, in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the woman in whose care the child (of whom she is not the natural mother) has been placed or is to be placed has died, and (iii) a man, other than a man to whom subparagraph (ii) applies, in whose sole care a child has been placed or is to be placed with a view to making an adoption order, or to the effecting of a foreign adoption or following any such adoption; “certificate of placement” has the meaning given to it by section 13 of the Adoptive Leave Act 1995 ; “day of placement” has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 ; “foreign adoption” has the meaning given to it by the Adoption Act 1991 (as amended by section 10 of the Adoption Act 1998 ). [1997 s11(1)]
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(2)Subject to this Act, an adopting parent shall be entitled to adoptive benefit where— (a) (i) in the case of an employed contributor, it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act 1995 , or (ii) in the case of a person in insurable self-employment, a certificate of placement is issued to the adopting parent, and (b) the adopting parent satisfies the contribution conditions in section 59 . [1997 s11(1)]
\n
(3)Regulations may provide for entitling to adoptive benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of adopting parents who would be entitled to that benefit but for the fact that the contribution conditions in section 59 are not satisfied. [1997 s11(1); 2004 (MP) s9]
\n
(4)Subject to this Chapter, adoptive benefit shall be payable— (a) in the case of an employed contributor, for the period of adoptive leave to which the adopting parent is entitled under section 6 or 9, as the case may be, of the Adoptive Leave Act 1995 , (b) in the case of a person in insurable self-employment, being— (i) an adopting parent within the meaning of subsection (1)(b)(i) or (iii), for 16 consecutive weeks beginning on the day of placement, or (ii) an adopting parent within the meaning of subsection (1)(b)(ii), where the adopting mother dies before the day of placement, 16 consecutive weeks beginning on the day of placement or where the adopting mother dies on or after the day of placement, for a period of 16 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of her death, but where the beneficiary dies, the benefit shall not be payable for any subsequent day. [1997 s11(1); 2001 s37 & Sch F]
\n
(5)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to adoptive benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent. [1997 s11(1)]
\n
(6)In the case of an employed contributor, where the employment ceases (whether due to the death of the employer or otherwise) during the period for which adoptive benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred. [1997 s11(1)]
\n
(7)Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for adoptive benefit.
\n
Conditions for receipt. [1997 s11(1); 2005 (SW&P) s11(d)] 59.—(1) The contribution conditions for adoptive benefit are— (a) in the case of an employed contributor— (i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day, and (II) (A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or (B) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs, or (ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment satisfies the contribution conditions in paragraph (1)(b), (b) in the case of a person in insurable self-employment— (i) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or (ii) where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions in paragraph (a)(i) or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day. [1997 s11(1)]
\n
(2)In subsection (1) “relevant day” means the first day for which adoptive benefit is claimed.
\n
Rates of adoptive benefit. [1997 s11(1); 2004 SWA s7] 60.—(1) Subject to this Act, the weekly rate of adoptive benefit shall be an amount equal to the greater of— (a) 75 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the adopting parent to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (b) the amount of disability benefit, including any increases of that benefit, which the adopting parent would otherwise receive if entitled to that benefit, or (c) any amount that shall be prescribed. [1997 s11(1)]
\n
(2)In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income received in a week that may be prescribed up to the limit that may be prescribed.
\n
Disqualification. [1997 s11(1)] 61.—Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit where, 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.
\n
Chapter 12
\n
Unemployment Benefit Entitlement to benefit. [1993 s42(1); 1994 s19(1)(a)] 62.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, where— (a) he or she is under pensionable age on the day for which the benefit is claimed, (b) he or she proves unemployment in the prescribed manner, (c) he or she satisfies the contribution conditions in section 64 , and (d) other than in the case of a person engaged in casual employment, he or she has sustained a substantial loss of employment in any period of 6 consecutive days. [1994 s19(1)(b)]
\n
(2)The circumstances in which a person is to be regarded, for the purposes of subsection (1), as being engaged in casual employment shall be specified in regulations. [1993 s42(2)]
\n
(3)The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter. [1993 s42(3)]
\n
(4)A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment. [1993 s42(4); 2003 s8]
\n
(5)For the purposes of any provision of this Act relating to unemployment benefit— (a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day— (i) he or she is capable of work, (ii) he or she is, or by reason of his or her participation in an activity prescribed for the purposes of this subsection and subject to the conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and (iii) he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence and family circumstances, (b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work, (c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any 2 such periods not separated by a period of more than 26 weeks shall be treated as one period of interruption of employment, (d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days. [1994 s19; 1997 s30(1)(a)]
\n
(6)Notwithstanding subsection (5)(c), where in respect of any day of unemployment (referred to in this subsection as “the relevant day of unemployment”) which forms part of a period of interruption of employment a person has not, before the relevant day of unemployment, been entitled, in that period of interruption of employment, to unemployment benefit in respect of a day of unemployment within the 2 years before the relevant day of unemployment, that day shall be treated as the first day of unemployment in a separate period of interruption of employment subject to subsection (4) not applying in relation to that separate period of interruption of employment. [1997 s30(1)(a)]
\n
(7)For the purposes of this Chapter and Chapter 2 of Part 3, the Minister shall make regulations specifying the circumstances in which a person is or is not to be regarded as being available for or genuinely seeking employment and these circumstances may vary in relation to— (a) the person's previous work experience, (b) the period for which he or she has been unemployed, and (c) the prevailing employment conditions. [1993 s42(5); 2005 (SW&P) s12(a)]
\n
(8)Notwithstanding anything contained in subsection (5), any period, not exceeding 1 year in duration, of— (a) employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment, (b) employment under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme, (c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme, (d) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme, (e) attendance at a training course provided or approved of by An Foras Áiseanna Saothair, (f) participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative, (g) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme, or (h) participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, shall be disregarded in treating, under subsection (5)(c), any 2 periods of interruption of employment not separated by more than 26 weeks as one period of interruption of employment. [1993 s42(6)]
\n
(9)Regulations may make provision (subject to subsection (5)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work. [1993 s42(7); 2001 s37 & Sch F]
\n
(10)The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent. [1993 s42(8); 2001 s37 & Sch F]
\n
(11)Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which that benefit is paid and the number of days worked shall not exceed 5, and in that case the amount payable by way of that benefit for any day of unemployment in that week shall, notwithstanding subsection (10), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
\n
Condition for receipt (optional contributors). [1993 (No. 2) s8(a)] 63.—(1) It shall be a condition for the receipt of unemployment benefit in respect of any day by a person engaged in share fishing that— (a) it is not a day on which he or she is engaged in share fishing and it is a day in respect of which he or she makes reasonable efforts to obtain such work, and (b) there was no work on, or in connection with, the fishing vessel of which he or she is a member of the crew available for him or her on that day because— (i) as a consequence of weather conditions, the fishing vessel could not reasonably have put to sea for the purposes of fishing, or (ii) the fishing vessel was undergoing repairs or maintenance, not being repairs or maintenance constituting work within the meaning of subsection (2). [1993 (No. 2) s8(a)]
\n
(2)For the purposes of subsection (1), work includes any work done to the fishing vessel or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of nets and gear or their preparation for fishing which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing vessel, or is likely to become so necessary in the near future, and which it is the duty of a person engaged in share fishing (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or the gross earnings of the working of the fishing vessel, but any other work done to the fishing vessel or its nets or gear, shall be disregarded.
\n
Conditions for receipt. [1993 s43(1); 2005 (SW&P) s11(e)] 64.—(1) The contribution conditions for unemployment benefit are that the claimant— (a) has qualifying contributions in respect of not less than 52 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, (b) (i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or (ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed, and (c) has— (i) prescribed reckonable weekly earnings, or (ii) in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, prescribed reckonable weekly income, in excess of a prescribed amount in the prescribed period. [1993 s43(2); 2005 (SW&P) s26 & Sch 4]
\n
(2)In the case of any claim for unemployment benefit where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”. [2003 s9(3)(b)]
\n
(3)In the case of any claim for unemployment benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004 subsection (1)(a) shall be read as if “39” were substituted for “52”. [1993 s43(3)]
\n
(4)Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for section 62
\n
(4), 68(1) or 68(6) have been so entitled then, in relation to unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b)(i) or (ii), be regarded as continuing so long as the period of interruption of employment continues. [1993 s43(4)]
\n
(5)Regulations may provide for modifications of the contribution conditions set out in subsection (1). [1993 s43(5)]
\n
(6)Subject to subsection (7), regulations may provide for entitling to unemployment benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied. [1993 s43(6)]
\n
(7)Regulations for the purposes of subsection (6) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the condition in subsection (1)(c) is satisfied. [1993 (No. 2) s13; 1999 s24(2)]
\n
(8)The condition in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for unemployment benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
\n
Rate of benefit. [1993 s44] 65.—Subject to this Act, the weekly rate of unemployment benefit shall be as set out in column (2) of Part 1 of Schedule 2.
\n
Increases for qualified adult and qualified children. [1993 s45(1); 1997 s28(4) & Sch F] 66.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person. [1993 s45(2); 1994 s32 & Sch F]
\n
(2)The weekly rate of unemployment benefit shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary. [1993 s45(3); 2003 s10(1)(c)]
\n
(3)Subject to subsection (4), any increase of unemployment benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly. [2003 s10(1)(c)]
\n
(4)Subsection (3) shall not apply and no increase of unemployment benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
\n
Duration of payment. [1993 s46(1); 2003 s11(1)(a)] 67.—(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsection (3) or (4), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he or she has requalified for benefit or unless, in the case of a person over 65 years of age, he or she has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which unemployment benefit is claimed. [1993 s46(2)]
\n
(2)Where a person entitled to unemployment benefit for 156 days has exhausted his or her right to unemployment benefit— (a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to that benefit, and (b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person, but, in a case where the period of interruption of employment in which the person exhausted his or her right to that benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment. [1993 s46(3); 2003 s11(1)(b)]
\n
(3)Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks, have effect as if “390 days” were substituted for “156 days”. [2003 s11(1)(b)]
\n
(4)Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of less than 260 contribution weeks, have effect as if “312 days” were substituted for “156 days”. [1993 s46(4); 2003 s11(1)]
\n
(5)Where a person entitled to unemployment benefit for 312 days or 390 days has exhausted his or her right to that benefit— (a) the person shall requalify for that benefit when he or she has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he or she was entitled to that benefit, and (b) on his or her requalifying for that benefit, subsections (1), (3) and (4) as the case may be, shall again apply to him or her, but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment. [1993 (No.2) s8(c)]
\n
(6)Notwithstanding this Chapter, in the case of a person who satisfies the contribution conditions contained in section 64 by virtue of having paid optional contributions— (a) where he or she has been entitled to unemployment benefit for 78 days in any benefit year he or she shall not thereafter be entitled to that benefit in respect of any day of unemployment in that benefit year, and (b) the first day of unemployment in any benefit year shall be treated as the beginning of a separate period of interruption of employment. [1993 s46(5)]
\n
(7)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where the person would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim 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 benefit for that day, to avoid the necessity of requalifying for benefit under this section. [1993 s46(6); 1996 s22(4)]
\n
(8)For the purpose of this section, where a person receives unemployment assistance in respect of any week of unemployment, within the meaning of section 141
\n
(3), which includes any day in respect of which that person is entitled to unemployment benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which unemployment benefit was paid. [1993 s46(7)]
\n
(9)For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of section 68
\n
(6)shall be treated as though it were a period in respect of which unemployment benefit was paid.
\n
Disqualifications. [1993 s47(1)] 68.—(1) Subject to subsection (2), a person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he or she was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where the person has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation. [1993 s47(1)]
\n
(2)Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work. [1993 s47(2)]
\n
(3)Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes of subsection (1), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be. [1993 s47(3); 1995 s18(a)]
\n
(4)A person shall be disqualified for receiving unemployment benefit during any week in which he or she is employed under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment. [2005 (SW&P) s13(a)]
\n
(5)A person shall be disqualified for receiving unemployment benefit during any week in which he or she is employed under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme. [1993 s47(4)]
\n
(6)A person shall be disqualified for receiving unemployment benefit for a period not exceeding 9 weeks as may be determined under this Act where he or she— (a) has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause, (b) has refused an offer of suitable employment, (c) has without good cause refused or failed to avail himself or herself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his or her case, (d) has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment, or (e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts 1967 to 2003, has been dismissed by his or her employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under those Acts or under an agreement with his or her employer, and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy, as the case may be, occurred. [1993 s47(5)]
\n
(7)Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration of that benefit, where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice. [1993 s47(6)]
\n
(8)For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person where it is— (a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute, (b) employment in the district where the person was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he or she habitually obtained in his or her usual employment in that district, or would have obtained had he or she continued to be so employed, or (c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.
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Chapter 13
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Occupational Injuries Benefits Interpretation. [1993 s48(1)] 69.—(1) In this Chapter, save where the context otherwise requires— “apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation; “claimant” means a person claiming occupational injuries benefit and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be read accordingly; “the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable; “disablement gratuity” has the meaning given to it by section 75
\n
(8); “disablement pension” has the meaning given to it by section 75
\n
(9)or (10); “injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 75
\n
(3), disablement benefit in respect of the accident is not available to the insured person; “medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be read accordingly; “medical treatment” has the meaning given to it by section 93
\n
(1); “occupational accident” shall be read in accordance with section 90 ; “relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; “relevant loss of faculty” means the loss of faculty resulting from the relevant injury; “unemployability supplement” has the meaning given to it by section 77
\n
(3). [1993 s48(2)]
\n
(2)References in this Chapter to loss of physical faculty shall be read as including references to disfigurement, whether or not accompanied by any actual loss of faculty.
\n
Occupational injuries insurance. [1993 s49(1)] 70.—(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused by accident arising out of and in the course of that employment. [1993 s49(2)]
\n
(2)Any reference in this Act to occupational injuries insurance shall be read as a reference to the insurance provided for by this section. [1994 s31(1)]
\n
(3)Notwithstanding subsection (1), regulations may provide for entitling to such and so many of the benefits which comprise occupational injuries benefits, that may be prescribed, subject to the conditions and circumstances that may be prescribed, the class or classes of persons that may be prescribed.
\n
Insurable (occupational injuries) employment. [1993 s50(1)] 71.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to subsections (2) to (11), be read as a reference to any employment for the time being specified in Part 1 of Schedule 1 , not being an employment specified in Part 2 of that Schedule. [1993 s50(2)]
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(2)(a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part 1 of Schedule 1 — (i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise, (ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, and (iii) employment in the State as a member or as a person training to become a member of any fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, that may be prescribed, or of any similar organisation that may be prescribed. (b) In paragraph (a)(ii)— “ship” means— (i) any ship registered in the State, or (ii) any other ship or vessel of which the owner or, where there is more than one owner, the managing owner or manager, resides or has his or her principal place of business in the State; “aircraft” means— (i) any aircraft registered in the State, or (ii) any other aircraft of which the owner or, where there is more than one owner, the managing owner or manager, resides or has his or her principal place of business in the State. [1993 s50(3)]
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(3)For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part 2 of Schedule 1— (a) employment as a member of the Defence Forces, (b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel, (c) employment under any local or other public authority in the execution of any contract for services, (d) employment, otherwise than under contract of service, specified in paragraph 10 of Part 1 of Schedule 1. [1993 s50(4)]
\n
(4)For the purposes of this section, paragraph 2 of
\n
Part 2
\n
of Schedule 1 shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer. [1993 s50(5)]
\n
(5)For the purposes of this section, a pilot to whom the Pilotage Act 1913 applies, when employed on any ship (within the meaning of subsection (2)(b)), is deemed to be a member of the crew of that ship. [1993 s50(6)]
\n
(6)The Minister may, in relation to paragraphs 4 and 5 of Part 2 of Schedule 1 , by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified. [1993 s50(7)]
\n
(7)The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part 2 of Schedule 1. [1993 s50(8)]
\n
(8)Where it appears to the Minister— (a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of this Part, and (b) that either— (i) the first-mentioned employment can conveniently be included among the excepted employments, or (ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments, the Minister may by regulations provide that the employment shall be so included. [1993 s50(9)]
\n
(9)The Minister may by regulations modify this Part in its application in the case of persons employed in employments specified in subsection (2)(a)(ii). [1993 s50(10)]
\n
(10)A person who is unemployed, while in attendance at any course that may be prescribed and provided by any person who may be prescribed, is deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment and to be employed by the person by whom the course is being provided. [1993 s50(11); 1996 s12(1)(c)]
\n
(11)A person employed under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment is deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment, where the person's employment under that scheme began before 6 April 1996.
\n
Extension of meaning of references to accidents arising out of and in course of employment. [1993 s51(1)] 72.—(1) An accident arising in the course of an insured person's employment is deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment. [1993 s51(2)]
\n
(2)An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment where— (a) the accident arises in the course of the employment, (b) the accident— (i) either is caused by another person's misconduct, negligence or misbehaviour, or by steps taken in consequence of any such misconduct, negligence or misbehaviour or by the behaviour or presence of an animal (including a bird, fish or insect), or (ii) is caused by or consists in the insured person's being struck by any object or by lightning, and (c) the insured person did not directly or indirectly cause or contribute to the happening of the accident by his or her conduct outside the employment or by any act not incidental to the employment. [1993 s51(3)]
\n
(3)An accident is deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that the person is at the time of the accident acting in contravention of any statutory or other regulations applicable to his or her employment, or of any orders given by or on behalf of his or her employer, or that the person is acting without instructions from his or her employer, where— (a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention of any statutory or other regulations applicable to the person's employment, or of any orders given by or on behalf of his or her employer or without instructions from his or her employer, as the case may be, and (b) the act is done for the purposes of and in connection with the employer's trade or business. [1993 s51(4)]
\n
(4)An accident happening to an insured person while travelling to or from his or her place of work, subject to the conditions that may be prescribed, is deemed for the purposes of this Part to arise out of and in the course of his or her employment. [1993 s51(5)]
\n
(5)An accident happening to an insured person in or about any premises at which the person is for the time being employed for the purposes of his or her employer's trade or business is deemed for the purposes of this Part to arise out of and in the course of his or her employment where it happens while the person is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. [1993 s51(6)]
\n
(6)An accident happening to an insured person who is an apprentice, while he or she is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), is deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his or her employment where his or her attendance at that school or place is with his or her employer's consent or is required by direction of his or her employer or under his or her contract of apprenticeship.
\n
Accidents in illegal employment and accidents outside State. [1993 s52(1)] 73.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 87 , or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or non-compliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons— (a) the contract purporting to govern the employment was void, or (b) the employed person was not lawfully employed in that employment at the time when or in the place where the accident happened or the disease or injury was contracted or received. [1993 s52(1)]
\n
(2)In subsection (1) “relevant employment” means— (a) in relation to an accident, the employment out of and in the course of which the accident arises, and (b) in relation to a disease or injury, the employment to the nature of which the disease or injury is due. [1993 s52(3)]
\n
(3)Except where regulations otherwise provide, an occupational injuries benefit is not payable in respect of an accident happening while the insured person is outside of the State.
\n
Injury benefit. [1993 s53(1)] 74.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, the person is incapable of work during the injury benefit period. [1993 s53(1)]
\n
(2)An insured person shall not be entitled to injury benefit in respect of the first 3 days on which, as a result of the injury, he or she is incapable of work. [1993 s53(2)]
\n
(3)For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work where, in respect of that day, the insured person is being paid by his or her employer in respect of holiday leave. [1993 s53(3)]
\n
(4)In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded. [1993 s53(4)]
\n
(5)Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of Part 1 of Schedule 2. [1993 s53(5); 2001 s37 & Sch F]
\n
(6)The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent. [1993 s53(6)]
\n
(7)A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.
\n
Disablement benefit. [1993 s54(1)] 75.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit where he or she suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with subsections (3) to (11) amounts to not less than 1 per cent. [1993 s54(1)]
\n
(2)For the purposes of subsections (3) to (11), there is deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if assessed in accordance with those provisions, would not amount to 1 per cent. [1993 s54(2)]
\n
(3)Disablement benefit shall not be available to an insured person until after the 3rd day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident, nor until after the last day, if any, of that period on which he or she is incapable of work as a result of the relevant accident but where the person is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he or she may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that the person is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection. [1993 s54(3)]
\n
(4)For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles: (a) save as provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his or her physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal; (b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to any regulations made under subsection (5), it shall not be so treated in so far as the claimant either— (i) would in any case have been subject to that disability as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or (ii) would not have been subject to that disability but for some injury or disease received or contracted after, and not directly attributable to, that accident; (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition; (d) the disabilities resulting from any loss of faculty that may be prescribed shall be taken as amounting to 100 per cent disablement and other disabilities shall be assessed accordingly. [1993 s54(4)]
\n
(5)(a) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and those regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement. (b) In relation to any direction in regulations made under paragraph (a), nothing in subsection (4)(c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons. [1993 s54(5)]
\n
(6)(a) Subject to paragraph (b), the period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty. (b) If on any assessment the condition of the claimant is not such, having regard to the possibility of changes in that condition (whether predictable or not), as to allow of a final assessment being made up to the end of the period referred to in paragraph (a)— (i) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his or her condition and that possibility, and (ii) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment. [1993 s54(6)]
\n
(7)(a) Subject to paragraph (b), an assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account by the assessment and, where that is limited by reference to a definite date, whether the assessment is provisional or final. (b) For the purposes of paragraph (a)— (i) the percentage and period referred to in that paragraph shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and (ii) a percentage between 20 and 100 which is not a multiple of 10 shall be treated— (I) where it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and (II) where it is not a multiple of 5, as being the nearest percentage which is a multiple of 10. [1993 s54(7)]
\n
(8)(a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent, disablement benefit shall be a gratuity (in this Chapter referred to as “a disablement gratuity”)— (i) of an amount fixed, in accordance with the length of that period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in Part 2 of Schedule 2, (ii) payable, if and in the cases provided by regulations, by instalments. (b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons. [1993 s54(8)]
\n
(9)(a) Subject to paragraph (b), where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent or more, disablement benefit shall be a pension (in this Chapter referred to as “a disablement pension”) for that period at the weekly rate set out in column (2) of
\n
Part 3
\n
of Schedule 2 appropriate to the degree of disablement. (b) Where the period referred to in paragraph (a) is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. [1993 s54(9)]
\n
(10)(a) Where, apart from this subsection, a gratuity would be paid under subsection (8) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent, subparagraphs (i) to (iii) apply where the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity: (i) the gratuity shall not be paid; (ii) the disablement benefit shall be a pension (in this Chapter also referred to as “a disablement pension”) at the weekly rate appropriate in accordance with a prescribed scale; (iii) the disablement pension shall be for the period taken into account by the assessment of disablement but where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. (b) The following provisions apply in relation to the scale prescribed for the purposes of this subsection: (i) the scale shall be the same for all persons; (ii) different amounts may be specified in relation to the different percentages under 20 per cent, but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in
\n
Part 3
\n
of Schedule 2 ) for a degree of disablement of 20 per cent, the same proportion as the percentage with respect to which it is specified bears to 20 per cent. [1993 s54(10)]
\n
(11)In the case of any assessment of disablement where the period to be taken into account by the assessment began before 1 May 1990, subsection (10)(a) shall be read as if the reference to “and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent” were deleted.
\n
Increase of injury benefit and disablement pension for qualified adult and qualified children. [1993 s55(1); 1997 s28(4) & Sch F] 76.—(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of injury benefit under this subsection in respect of more than one person. [1993 s55(2); 1994 s32 & Sch F]
\n
(2)The weekly rate of injury benefit shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary. [1993 s55(3); 2003 s10(1)(d)]
\n
(3)Subject to subsection (4), any increase of injury benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly. [2003 s10(1)(d)]
\n
(4)Subsection (3) shall not apply and no increase of injury benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds any amount that may be prescribed. [2003 s10(1)(d)]
\n
(5)Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit and any increase under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.
\n
Increase of disablement pension on account of unemployability.
\n
77.—(1) Subject to this Act, the weekly rate of disablement pension shall be increased— [1993 s56(1)] (a) by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable, and [1993 s56(1); 2005 (SW&P) s10(a)] (b) by the amount set out in column (3) of
\n
Part 4
\n
of Schedule 2 where the beneficiary is living alone and by the amount set out in column (4) of
\n
Part 4
\n
of Schedule 2 where the beneficiary is ordinarily resident on an island. [1993 s56(2)]
\n
(2)(a) For the purposes of this section, a person may be treated as being incapable of work, and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent the person being capable of work, where it is likely to restrict him or her to earning not more than the amount that may be prescribed. (b) In paragraph (a) the reference to “earning” includes a reference to receiving any remuneration or profit derived from gainful occupation. [1993 s56(3)]
\n
(3)An increase of pension under this section (in this Chapter referred to as “an unemployability supplement”) shall be payable for the period that may be determined at the time it is granted, but may be renewed from time to time.
\n
Increase of disablement pension where constant attendance needed. [1993 s57(1); 2001 s19(1)] 78.—(1) Where a disablement pension is payable in respect of an assessment of 50 per cent or more, then, where as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by the amount set out in
\n
Part 4
\n
of Schedule 2 . [1993 s57(2); 2001 s19(1)]
\n
(2)An increase of pension under this section shall be payable for the period that may be determined at the time it is granted, but may be renewed from time to time but no increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.
\n
Adjustments for successive accidents. [1993 s58(1); 2005 (SW&P) s5] 79.—(1) Where a person suffers 2 or more successive accidents against which he or she is insured by occupational injuries insurance, regulations may provide for adjusting— (a) injury benefit or disablement benefit, or the conditions for the receipt of injury benefit or disablement benefit, in any case where the person has received, or may be entitled to, a disablement gratuity, (b) any increase of benefit referred to in subsection (2), or the conditions for the receipt of any such increase. [1993 s58(2); 2005 (SW&P) s5(1)]
\n
(2)An increase of benefit referred to in subsection (1) is an increase in the rate of injury benefit or of disablement pension under sections 76 , 77 and 78 .
\n
Entitlement to death benefit. [1993 s59; 1997 s14(1)] 80.—Subject to this Act, death benefit shall be payable as provided for in sections 81 to 84 where— (a) an insured person dies as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, or (b) an insured person dies and where immediately before the date of death he or she was entitled to a disablement pension in respect of disablement assessed at 50 per cent or more.
\n
Death benefit for widows and widowers and increases for qualified children, etc. [1993 s60; 1997 s14(1)] 81.—(1) Death benefit shall be payable to the widow or widower of the deceased. [1997 s14(1)]
\n
(2)Death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of Schedule 2 , and where the beneficiary has attained pensionable age and is living alone, that rate shall be increased by the amount set out in column (6) of that Part. [1997 s14(1)]
\n
(3)A pension under subsection (2) shall not be payable for any period after the remarriage of the beneficiary. [1997 s14(1)]
\n
(4)A beneficiary shall be disqualified for receiving a pension under this section if and so long as he or she and any person are cohabiting as husband and wife. [1997 s14(1)]
\n
(5)The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary. [2004 (MP) s6(1)(a)]
\n
(6)The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years. [2001 s15(1)(b)]
\n
(7)The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.
\n
Death benefit — parents. [1993 s61(1)] 82.—(1) A parent of the deceased shall be entitled to death benefit where, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained. [1993 s61(2); 2001 s15(1)(c)]
\n
(2)Subject to subsections (3) and (4), the death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of Schedule 2 , increased, in the case of a person who has attained pensionable age— (a) by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone, and (b) by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island. [1993 s61(3)]
\n
(3)Subject to subsection (4), the weekly rate of pension payable to a parent shall be— (a) at the reduced weekly rate, where the deceased was at death a married person, (b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person— (i) in any case where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, (ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or (iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband, (c) at the reduced weekly rate in any other case. [1993 s61(4)]
\n
(4)Where a person, to whom subsection (3)(b)(i) applies, ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the reduced weekly rate and, where at that time subsection (3)(b) applies to his wife, that pension shall thereafter be payable at the maximum weekly rate. [1993 s61(5)]
\n
(5)In this section— “reduced weekly rate” means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(i) in Part 1 of Schedule 2 ; “maximum weekly rate” means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(ii) in Part 1 of Schedule 2 . [1993 s61(6)]
\n
(6)Where a parent was partly maintained by each of 2 or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section— (a) as having received from the last of those insured persons to die contributions to the maintenance of the parent equal to the aggregate amount which those insured persons were together contributing before the first of the accidents happened, and (b) as having received nothing from the other or others. [1993 s61(7)]
\n
(7)A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage. [1993 s61(8)]
\n
(8)A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as husband and wife. [1993 s61(9)]
\n
(9)For the purposes of subsections (1) and (6) “parent”, where the deceased was adopted under the Adoption Acts 1952 to 1998, shall be taken as referring to the adopters or the adopter, and includes a step-parent.
\n
Death benefit — orphans. [1993 s62(1)] 83.—(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan who was wholly or mainly maintained by the deceased at the date of his or her death. [1993 s62(2)]
\n
(2)In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of Schedule 2 . [1993 s62(3)]
\n
(3)
\n
Section 133
\n
applies to a pension under this section as it applies to an orphan's (contributory) allowance.
\n
Death benefit — funeral expenses. [1993 s63(1)] 84.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased. [1993 s63(2)]
\n
(2)Subject to subsection (3), the grant shall be the amount set out in
\n
Part 2
\n
of Schedule 2 . [1993 s63(3)]
\n
(3)In any case that may be specified by regulations, the grant shall be any lesser amount that may be specified by the regulations for that case. [1993 s63(4)]
\n
(4)Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State.
\n
Supplements to workmen's compensation payments. [1993 s64(1); 2005 (SW&P) s26 & Sch 4] 85.—(1) Regulations shall provide for conferring on persons who— (a) are or have been on or after 1 October 1965 entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable, the like right to payments under this Chapter by way of unemployability supplement and the like right to payments under this Chapter in respect of a qualified child or qualified adult as if the injury or disease were one in respect of which a disablement pension were for the time being payable. [1993 s64(2)]
\n
(2)Regulations shall also provide for conferring on persons who— (a) are or have been on or after 1 October 1965 entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of that injury or disease require constant attendance, the like right to payments under this Chapter in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent. [1993 s64(3); 2005 (SW&P) s26 & Sch 4]
\n
(3)Regulations referred to in subsections (1) and (2) may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a qualified child or qualified adult, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications. [1993 s64(4)]
\n
(4)All payments under this section shall be paid out of the Social Insurance Fund.
\n
Cost of medical care. [1993 s65(1); 2005 (SW&P) s23, 26 & Sch 1, 4] 86.—(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he or she was insured under this Part, shall be payable out of the Social Insurance Fund to the extent that the cost is not met under— (a) the Health Acts 1947 to 2005, or (b) the Mental Health Acts 1945 to 2001, or (c) regulations made under section 138 . [1993 s65(2); 2005 (SW&P) s23, 26 & Sch 1, 4]
\n
(2)Where an insured person is eligible to avail himself or herself of services provided under the Health Acts 1947 to 2005 or the Mental Health Acts 1945 to 2001 or treatment benefit under regulations made under section 138 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he or she availed himself or herself of those services or that benefit. [1993 s65(3)]
\n
(3)Where an insured person receives medical care during any period in which he or she is an in-patient in a hospital or similar institution, the amount payable under this section in respect of that care shall not exceed— (a) the maximum amount which would be chargeable under section 53 of the Health Act 1970 to an insured person to whom the institutional services provided under that section are made available for that period, or (b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act 1945 (inserted by section 71 of the Health Act 1953 ) to an insured person to whom mental hospital assistance is made available for that period, as may be appropriate. [1993 s65(4)]
\n
(4)The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be the sum that is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for that care and the customary charge for that care. [1993 s65(5)]
\n
(5)(a) Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, the person was insured under this Part, he or she or any other person who may be prescribed shall, within the period that may be prescribed, give written notice to the Minister of the care required by him or her, and shall give any particulars that may be required of that care. (b) No payment under this section shall be made unless the notice referred to in paragraph (a) is given and, where any particulars are required under that paragraph, those particulars are given. [1993 s65(6)]
\n
(6)Where notice is given under subsection (5), the insured person may be required to submit himself or herself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his or her case, and no payment shall be made under this section where the person fails to comply with the requirement. [1993 s65(7); 2005 (SW&P) s23 & Sch 1]
\n
(7)Payments under this section shall be made to those persons that the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to the Executive, payment may be made to the Executive. [1993 s65(8)]
\n
(8)Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications. [1993 s65(9)]
\n
(9)For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations— (a) general practitioner and specialist care, including domiciliary visiting, (b) nursing care at home except where the cost is met by an increase under section 78 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions, (c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary, (d) dental and optical treatment and appliances, (e) the care given, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and (f) conveyance to and from the place where medical care as specified in this subsection is provided.
\n
Insurance against prescribed diseases and injuries not caused by accident. [1993 s66(1)] 87.—(1) Subject to this section, a person who is insured under this Part against personal injury caused by accident arising out of and in the course of his or her employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after 1 May 1967. [1993 s66(2)]
\n
(2)A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that— (a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and (b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty. [1993 s66(3)]
\n
(3)Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before 1 May 1967, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when the person developed the disease or injury. [1993 s66(4)]
\n
(4)Provision may be made by regulations for determining— (a) the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and (b) the circumstances in which any such disease or injury is, where the person in question has previously suffered from that disease or injury, to be treated as having recrudesced or as having been contracted or received afresh. [1993 s66(5)]
\n
(5)The benefit payable under this section in respect of a prescribed disease or injury, and the conditions for the receipt of that benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations in relation to any matter which is to be prescribed and to subsections (6) to (8). [1993 s66(6)]
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(6)Regulations may provide, in relation to prescribed diseases and injuries— (a) for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and (b) for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection with those claims or with an award of benefit on any such claim. [1993 s66(7)]
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(7)Without prejudice to the generality of subsection (6), regulations under that subsection may in particular include provision— (a) for presuming any prescribed disease or injury— (i) to be due, unless the contrary is proved, to the nature of a person's employment where he or she was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, the person developed the disease or injury, (ii) not to be due to the nature of a person's employment unless he or she was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, the person developed the disease or injury, and (b) for any matters that appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of this section. [1993 s66(8)]
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(8)Nothing in this section affects the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Chapter except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment where at the time of the accident the disease is in relation to the person a prescribed disease by virtue of the occupation in which he or she is engaged in that employment.
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Notice of accidents. [1993 s67(1)] 88.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 86 may be payable to be given within the prescribed time by the insured person or, where within that time his or her death results from the accident, by any other person who may be prescribed, to the insured person's employer or another prescribed person. [1993 s67(2)]
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(2)In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 86 for the period that may be determined in accordance with the regulations.
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Reporting of accidents by employers. [1993 s68] 89.—Regulations may provide for requiring employers— (a) to make reports, to the person and in the form and within the time that may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 86 may be payable, (b) to give to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and (c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 86 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.
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Declaration that accident is an occupational accident. [1993 s69(1)] 90.—(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and, subject to subsection (3), a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his or her claim is disallowed on other grounds. [1993 s69(2)]
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(2)Subject to subsection (3), any person suffering personal injury by accident shall be entitled, where he or she claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and this Act applies for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit. [1993 s69(3)]
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(3)Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident where satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer. [1993 s69(4)]
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(4)Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made. [1993 s69(5)]
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(5)For the purposes of this section, an accident whereby a person suffers personal injury is deemed, in relation to him or her, to be an occupational accident where— (a) it arises out of and in the course of his or her employment, (b) that employment is insurable (occupational injuries) employment, and (c) payment of occupational injuries benefit is not precluded because the accident happened while the person was outside the State, and reference in other sections of this Chapter to an occupational accident shall be read accordingly.
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Disqualifications for injury benefit or disablement benefit and suspension of proceedings. [1993 s70(1)] 91.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 9 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, where the person fails without good cause— (a) to submit himself or herself from time to time to medical examination for the purpose of determining— (i) the effect of the relevant accident, (ii) whether the accident has resulted in a loss of faculty, (iii) at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or (iv) the treatment appropriate to the relevant injury or loss of faculty, (b) to submit himself or herself from time to time to appropriate medical treatment for the relevant injury or loss of faculty, (c) to attend at the places and times that may be required for the purposes of that medical examination or treatment, or (d) to observe any prescribed rules of behaviour. [1993 s70(2)]
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(2)Regulations under this section shall provide for payment to any person attending for medical examination or treatment referred to in subsection (1) of the amount that may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.
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Treating person as incapable of work, etc. [1993 s71] 92.—Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he or she would not be so treated apart from the regulations, and may also make provision— (a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and (b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.
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Medical treatment. [1993 s72(1)] 93.—(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to “a person receiving or submitting himself or herself to medical treatment” shall be read accordingly. [1993 s72(2)]
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(2)Regulations may provide that where a person receives medical treatment as an in-patient for 2 or more distinct periods separated by an interval or intervals of less than a specified duration, he or she shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last period.
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Rehabilitation. [1993 s73(1)] 94.—(1) The Minister may make any contributions that he or she may determine, with the consent of the Minister for Finance, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act 1970 ) for persons entitled to disablement benefit. [1993 s73(2)]
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(2)The amounts required for any contributions under this section shall be paid out of the Social Insurance Fund.
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Research. [1993 s74(1)] 95.—(1) The Minister may promote research into the causes, incidence and methods of prevention of— (a) accidents and injuries against which occupational injuries insurance is provided, or (b) diseases against which that insurance is provided or which it is contemplated may be prescribed for the purposes of section 87 , either by the Minister employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research. [1993 s74(2)]
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(2)The Minister may pay to persons employed for the purposes of subsection (1) the salaries or other remuneration, and travelling or other allowances, that he or she may, with the consent of the Minister for Finance, determine. [1993 s74(3)]
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(3)The amounts required for any payments under this section shall be paid out of the Social Insurance Fund.
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Taking account of benefit in assessing damages. [1993 s75(1)] 96.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 and section 285 , in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him or her therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 248 , after the death of the injured person) or disablement benefit (disregarding any increase of that benefit under section 78 in respect of constant attendance) for 5 years beginning with the time when the cause of action accrued. [1993 s75(2)]
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(2)The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the deduction or limitation. [1993 s75(3)]
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(3)Notwithstanding section 50 of the Civil Liability Act 1961 , in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 84 in respect of funeral expenses, resulting from that person's death. [1993 s75(4)]
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(4)Notwithstanding the Garda Síochána (Compensation) Acts 1941 to 2003, there shall in assessing compensation be taken into account, against— (a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, (b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (where the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his or her future career in that force, and (c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries, the value of any rights which have accrued or will probably accrue to him or her therefrom in respect of disablement benefit (disregarding any increase of that benefit under section 78 in respect of constant attendance) for 5 years beginning with the time when the cause of action accrued. [1993 s75(5)]
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(5)Notwithstanding the Garda Síochána (Compensation) Acts 1941 to 2003, in assessing compensation under those Acts in respect of— (a) a person's death, account may be taken of any death benefit by way of grant under section 84 in respect of funeral expenses, resulting from that person's death, and (b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 86 , resulting from those injuries for 5 years beginning with the time when the cause of action accrued. [1993 s75(6)]
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(6)Subsections (4) and (5) shall not apply to any proceedings instituted for compensation under the Garda Síochána (Compensation) Acts 1941 and 1945 before 6 April 1989.
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Saver for repeal of Workmen's Compensation Acts. [1993 s76] 97.—The Workmen's Compensation Acts, as amended by Part V of the Civil Liability Act 1961 , shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act 1966 had not been passed, being cases where a right to compensation arose in respect of employment before 1 May 1967, except where, in the case of a disease or injury prescribed for the purposes of section 87 , the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.
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Construction of certain references in Local Government (Superannuation) Act 1956. [1993 s77] 98.—The references to the Social Welfare (Occupational Injuries) Act 1966 in— (a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act 1956 as amended by section 42 of the first-mentioned Act, and (b) section 43 of the Local Government (Superannuation) Act 1956 , as so amended, shall be read as references to this Chapter.
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Chapter 14
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Carer's Benefit Interpretation. [2000 s10; 2005 (SW&P) s6(a)] 99.—(1) Subject to this Act, in this Chapter— “carer” means a person who has attained the age of 16 years and who— (a) resides with and provides full-time care and attention to a relevant person, or (b) subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a relevant person; “relevant period” means the period of 26 weeks immediately before the first day in respect of which a claim to carer's benefit is made; “relevant person” means a person who has such a disability that he or she requires full-time care and attention. [2000 s10]
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(2)For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where— (a) the person has such a disability that he or she requires from another person— (i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or (ii) continual supervision in order to avoid danger to himself or herself, and (b) the nature and extent of his or her disability has been certified in the prescribed manner by a medical practitioner. [2000 s10]
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(3)The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.
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Entitlement to benefit. [2000 s10; 2005 (SW&P) s6(b)] 100.—(1) Subject to this Act, a benefit (in this Act referred to as “carer's benefit”) shall be payable to a carer where he or she— (a) was engaged in remunerative full-time employment as an employed contributor for not less than 8 weeks, whether consecutive or not, within the relevant period, (b) does not engage in employment or self-employment, and (c) satisfies the contribution conditions in section 101 . [2000 s10; 2005 (SW&P) s6(b)]