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Social Welfare (Consolidation) Act, 1981

What is this act about?

This law consolidates and outlines the rules for social welfare in Ireland, covering various social insurance benefits and social assistance payments. It details who is eligible, the conditions for receiving benefits, and how these schemes are administered.

Who it applies to: Insured Persons: Individuals who make social insurance contributions through employment or voluntarily; Claimants of Social Welfare: People seeking various benefits and assistance due to disability, unemployment, maternity, old age, or other specified circumstances.

At a glance

Country
Ireland
Area of law
Labour law
Articles
313
Source
irishstatutebook.ie
Text retrieved
Explanation updated

What does this act regulate?

  • Social Insurance: This includes benefits like disability benefit, maternity allowance, unemployment benefit, occupational injury benefits, pay-related benefit, and various pensions (old age, retirement, invalidity, widow's, orphan's, deserted wife's).
  • Social Assistance: This specifically covers unemployment assistance.
  • Contributions: It defines how contributions are made for social insurance and how they are varied.
  • Administration and Legal Proceedings: It sets out the framework for making decisions, administering benefits, handling legal offenses, and managing the Social Insurance Fund.

Who does this act apply to?

  • Insured Persons: Individuals who make social insurance contributions through employment or voluntarily.
  • Claimants of Social Welfare: People seeking various benefits and assistance due to disability, unemployment, maternity, old age, or other specified circumstances.

What are the key points?

  • The law distinguishes between "Social Insurance" (contributory benefits) and "Social Assistance" (non-contributory payments).
  • It specifies conditions for receipt for each type of benefit, such as for Disability Benefit (Chapter 2, Section 19) or Old Age (Contributory) Pension (Chapter 7, Section 79).
  • It details the rates of benefit and potential increases for adult and child dependants for many schemes, for example, for Unemployment Benefit (Chapter 4, Sections 31 and 32).
  • It includes provisions for disqualifications from receiving certain benefits, such as for Disability Benefit (Chapter 2, Section 23) and Unemployment Benefit (Chapter 4, Section 35).

Labour law

8
Unemployment Assistance (Amendment) Act, 1940
Presidential Elections (Amendment) Act, 1946
Electricity (Supply) (Amendment) Act, 1976
Regulated Professions (Health and Social Care) (Amendment) Act 2023
Trade Loans (Guarantee) Act, 1924
Pensions (Abatement) Act, 1965
National Bank Transfer Act, 1966
Industrial Relations (Amendment) Act 2012

Labour law

Legal text

Legal text
Contents (313)
  1. Section 1
  2. Section 2
  3. Section 3
  4. Section 4
  5. Section 5
  6. Section 6
  7. Section 7
  8. Section 8
  9. Section 9
  10. Section 10
  11. Section 11
  12. Section 12
  13. Section 13
  14. Section 14
  15. Section 15
  16. Section 16
  17. Section 17
  18. Section 18
  19. Section 19
  20. Section 20
  21. Section 21
  22. Section 22
  23. Section 23
  24. Section 24
  25. Section 25
  26. Section 26
  27. Section 27
  28. Section 28
  29. Section 29
  30. Section 30
  31. Section 31
  32. Section 32
  33. Section 33
  34. Section 34
  35. Section 35
  36. Section 36
  37. Section 37
  38. Section 38
  39. Section 39
  40. Section 40
  41. Section 41
  42. Section 42
  43. Section 43
  44. Section 44
  45. Section 45
  46. Section 46
  47. Section 47
  48. Section 48
  49. Section 49
  50. Section 50
  51. Section 51
  52. Section 52
  53. Section 53
  54. Section 54
  55. Section 55
  56. Section 56
  57. Section 57
  58. Section 58
  59. Section 59
  60. Section 60
  61. Section 61
  62. Section 62
  63. Section 63
  64. Section 64
  65. Section 65
  66. Section 66
  67. Section 67
  68. Section 68
  69. Section 69
  70. Section 70
  71. Section 71
  72. Section 72
  73. Section 73
  74. Section 74
  75. Section 75
  76. Section 76
  77. Section 77
  78. Section 78
  79. Section 79
  80. Section 80
  81. Section 81
  82. Section 82
  83. Section 83
  84. Section 84
  85. Section 85
  86. Section 86
  87. Section 87
  88. Section 88
  89. Section 89
  90. Section 90
  91. Section 91
  92. Section 92
  93. Section 93
  94. Section 94
  95. Section 95
  96. Section 96
  97. Section 97
  98. Section 98
  99. Section 99
  100. Section 100
  101. Section 101
  102. Section 102
  103. Section 103
  104. Section 104
  105. Section 105
  106. Section 106
  107. Section 107
  108. Section 108
  109. Section 109
  110. Section 110
  111. Section 111
  112. Section 112
  113. Section 113
  114. Section 114
  115. Section 115
  116. Section 116
  117. Section 117
  118. Section 118
  119. Section 119
  120. Section 120
  121. Section 121
  122. Section 122
  123. Section 123
  124. Section 124
  125. Section 125
  126. Section 126
  127. Section 127
  128. Section 128
  129. Section 129
  130. Section 130
  131. Section 131
  132. Section 132
  133. Section 133
  134. Section 134
  135. Section 135
  136. Section 136
  137. Section 137
  138. Section 138
  139. Section 139
  140. Section 140
  141. Section 141
  142. Section 142
  143. Section 143
  144. Section 144
  145. Section 145
  146. Section 146
  147. Section 147
  148. Section 148
  149. Section 149
  150. Section 150
  151. Section 151
  152. Section 152
  153. Section 153
  154. Section 154
  155. Section 155
  156. Section 156
  157. Section 157
  158. Section 158
  159. Section 159
  160. Section 160
  161. Section 161
  162. Section 162
  163. Section 163
  164. Section 164
  165. Section 165
  166. Section 166
  167. Section 167
  168. Section 168
  169. Section 169
  170. Section 170
  171. Section 171
  172. Section 172
  173. Section 173
  174. Section 174
  175. Section 175
  176. Section 176
  177. Section 177
  178. Section 178
  179. Section 179
  180. Section 180
  181. Section 181
  182. Section 182
  183. Section 183
  184. Section 184
  185. Section 185
  186. Section 186
  187. Section 187
  188. Section 188
  189. Section 189
  190. Section 190
  191. Section 191
  192. Section 192
  193. Section 193
  194. Section 194
  195. Section 195
  196. Section 196
  197. Section 197
  198. Section 198
  199. Section 199
  200. Section 200
  201. Section 201
  202. Section 202
  203. Section 203
  204. Section 204
  205. Section 205
  206. Section 206
  207. Section 207
  208. Section 208
  209. Section 209
  210. Section 210
  211. Section 211
  212. Section 212
  213. Section 213
  214. Section 214
  215. Section 215
  216. Section 216
  217. Section 217
  218. Section 218
  219. Section 219
  220. Section 220
  221. Section 221
  222. Section 222
  223. Section 223
  224. Section 224
  225. Section 225
  226. Section 226
  227. Section 227
  228. Section 228
  229. Section 229
  230. Section 230
  231. Section 231
  232. Section 232
  233. Section 233
  234. Section 234
  235. Section 235
  236. Section 236
  237. Section 237
  238. Section 238
  239. Section 239
  240. Section 240
  241. Section 241
  242. Section 242
  243. Section 243
  244. Section 244
  245. Section 245
  246. Section 246
  247. Section 247
  248. Section 248
  249. Section 249
  250. Section 250
  251. Section 251
  252. Section 252
  253. Section 253
  254. Section 254
  255. Section 255
  256. Section 256
  257. Section 257
  258. Section 258
  259. Section 259
  260. Section 260
  261. Section 261
  262. Section 262
  263. Section 263
  264. Section 264
  265. Section 265
  266. Section 266
  267. Section 267
  268. Section 268
  269. Section 269
  270. Section 270
  271. Section 271
  272. Section 272
  273. Section 273
  274. Section 274
  275. Section 275
  276. Section 276
  277. Section 277
  278. Section 278
  279. Section 279
  280. Section 280
  281. Section 281
  282. Section 282
  283. Section 283
  284. Section 284
  285. Section 285
  286. Section 286
  287. Section 287
  288. Section 288
  289. Section 289
  290. Section 290
  291. Section 291
  292. Section 292
  293. Section 293
  294. Section 294
  295. Section 295
  296. Section 296
  297. Section 297
  298. Section 298
  299. Section 299
  300. Section 300
  301. Section 301
  302. Section 302
  303. Section 303
  304. Section 304
  305. Section 305
  306. Section 306
  307. Section 307
  308. Section 308
  309. Section 309
  310. Section 310
  311. Section 311
  312. Section 312
  313. Section 313

Social Welfare (Consolidation) Act, 1981 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1981 Social Welfare (Consolidation) Act, 1981 Social Welfare (Consolidation) Act, 1981 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 1 of 1981 SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title.

Section 2

Interpretation generally.

Section 3

General provisions as to regulations.

Section 4

Expenses.

PART II

Social Insurance

CHAPTER 1

Insured Persons, Contributions and Benefits Insured Persons

Section 5

Insured persons.

Section 6

Employment by more than one employer.

Section 7

Modified insurance.

Section 8

Employment outside the State.

Contributions

Section 9

Sources of moneys for benefits.

Section 10

Employment contributions.

Section 11

Voluntary contributions.

Section 12

Regulations varying rates of contributions.

Section 13

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.

Section 14

Exceptions and credits.

Section 15

Payment of contributions and keeping of records.

Section 16

Return of contributions paid in error.

Benefits

Section 17

Description of benefits.

CHAPTER 2

Disability Benefit

Section 18

Title to benefit.

Section 19

Conditions for receipt.

Section 20

Rates of benefit.

Section 21

Increases for adult and child dependants.

Section 22

Duration of payment.

Section 23

Disqualifications.

CHAPTER 3

Maternity Allowance

Section 24

Title to and duration of allowance.

Section 25

Conditions for receipt.

Section 26

Rate of allowance.

Section 27

Disqualifications.

Section 28

Supplementary provisions.

CHAPTER 4

Unemployment Benefit

Section 29

Title to benefit.

Section 30

Conditions for receipt.

Section 31

Rates of benefit.

Section 32

Increases for adult and child dependants.

Section 33

Reduced rates of benefit.

Section 34

Duration of payment.

Section 35

Disqualifications.

CHAPTER 5

Occupational Injury Benefits Preliminary

Section 36

Interpretation.

Insurable Employment

Section 37

Occupational injuries insurance.

Section 38

Insurable (occupational injuries) employment.

Section 39

Extension of meaning of references to accidents arising out of and in the course of employment.

Section 40

Accidents in illegal employment, etc.

Section 41

Accidents outside the State.

Benefits

Section 42

Injury benefit.

Section 43

Disablement benefit.

Section 44

Increase of injury benefit and disablement pension for adult and child dependants.

Section 45

Increase of disablement pension on account of unemployability.

Section 46

Increase of disablement pension where constant attendance is needed.

Section 47

Increase of disablement benefit during approved hospital treatment.

Section 48

Adjustments for successive accidents.

Section 49

Title to death benefit.

Section 50

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

Section 51

Death benefit—parents.

Section 52

Death benefit—orphans.

Section 53

Death benefit—funeral expenses.

Section 54

Insurance against prescribed diseases and injuries not caused by accident.

Section 55

Supplements to workmen's compensation payments.

Section 56

Limitation of benefits by pre-accident earnings.

Section 57

Cost of medical care.

Occupational Accidents

Section 58

Notice of accidents.

Section 59

Reporting of accidents by employers.

Section 60

Declaration that accident is an occupational accident.

Miscellaneous

Section 61

Disqualifications for injury benefit or disablement benefit and suspensions of proceedings.

Section 62

Treating person as incapable of work, etc.

Section 63

Medical treatment and approved hospital treatment.

Section 64

Rehabilitation.

Section 65

Employment contributions.

Section 66

Research.

Section 67

Occupational Injuries Fund.

Section 68

Taking of benefit into account in assessing damages.

Section 69

Saver for repeal of Workmen's Compensation Acts, 1934 to 1955.

Section 70

Construction of certain references in Local Government (Superannuation) Act, 1956.

CHAPTER 6

Pay-Related Benefit

Section 71

Interpretation.

Section 72

Title to benefit.

Section 73

Rate of benefit.

Section 74

Duration of payment.

Section 75

Transitional provisions.

Section 76

Regulations.

Section 77

Information in relation to reckonable earnings.

CHAPTER 7

Old Age (Contributory) Pension

Section 78

Title to pension.

Section 79

Conditions for receipt.

Section 80

Rates of pension.

Section 81

Increases (including increases for adult and child dependants).

Section 82

Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments.

CHAPTER 8

Retirement Pension

Section 83

Title to pension.

Section 84

Conditions for receipt.

Section 85

Rates of pension.

Section 86

Increases (including increases for adult and child dependants).

CHAPTER 9

Survivor's Benefit

Section 87

Title to benefit.

CHAPTER 10

Invalidity Pension

Section 88

Title to pension.

Section 89

Conditions for receipt.

Section 90

Rates of pension.

Section 91

Increases (including increases for adult and child dependants).

CHAPTER 11

Widow's (Contributory) Pension

Section 92

Title to pension.

Section 93

Conditions for receipt.

Section 94

Rates of pension.

Section 95

Increases (including increases for child dependants).

CHAPTER 12

Orphan's (Contributory) Allowance

Section 96

Title to allowance.

Section 97

Condition for receipt.

Section 98

Rate of allowance.

Section 99

Payment of allowance.

CHAPTER 13

Deserted Wife's Benefit

Section 100

Title to benefit.

Section 101

Conditions for receipt.

Section 102

Rates of benefit.

Section 103

Increases (including increases for child dependants).

CHAPTER 14

Maternity Grant

Section 104

Title to grant.

Section 105

Conditions for receipt.

Section 106

Amount of grant.

CHAPTER 15

Death Grant

Section 107

Title to grant.

Section 108

Conditions for receipt.

Section 109

Amount of grant.

CHAPTER 16

Treatment Benefit

Section 110

General provisions as to benefit.

CHAPTER 17

Administration, Legal Proceedings and Finance Administration

Section 111

Decisions.

Section 112

Administration of benefit.

Section 113

Interim payments, arrears and repayments.

Section 114

Inspectors.

Legal Proceedings

Section 115

Offences, including offences relating to bodies corporate.

Section 116

General provisions as to prosecutions.

Section 117

Recovery of sums due to the Social Insurance Fund by civil proceedings.

Section 118

Application of Probation of Offenders Act, 1907.

Section 119

Effect of decision.

Section 120

Winding-up and bankruptcy.

Section 121

Married women.

Finance

Section 122

Social Insurance Fund.

Section 123

Payments from Fund for acquisition of land, etc.

CHAPTER 18

Miscellaneous Provisions

Section 124

Prevention of double increase for prescribed relative.

Section 125

Payments after death.

Section 126

Provisions as to maintenance.

Section 127

Free certificates.

Section 128

Claims.

Section 129

Absence from the State or imprisonment.

Section 130

Overlapping provisions, etc.

Section 131

Adjusting payments of benefits.

Section 132

Loss of benefit because of employer's default.

Section 133

Continuity of insurance under old codes.

PART III

Social Assistance

CHAPTER 1

Preliminary

Section 134

Description of assistance.

CHAPTER 2

Unemployment Assistance

Section 135

Interpretation.

Section 136

Qualification certificates.

Section 137

Right to assistance.

Section 138

Statutory conditions.

Section 139

Rates of assistance.

Section 140

Effect of means on rates.

Section 141

Revocation and amendment of qualification certificates.

Section 142

Disqualifications.

Section 143

Operative date of certain decisions.

Section 144

False statements and offences.

Section 145

Prosecutions.

Section 146

Calculation of means.

Section 147

Calculation of means—alternative method.

Section 148

Regulations—general.

Section 149

Regulations—specific.

Section 150

Payments of unemployment assistance.

Section 151

Overpayments.

Section 152

Unemployment assistance granted to persons in receipt of supplementary welfare allowance.

Section 153

Payments to Minister by local authorities.

Section 154

Certificate of valuation.

Section 155

Extension of meaning of “urban area”.

Section 156

Date of operation of census.

CHAPTER 3

Old Age And Blind Pensions (Non-Contributory) Old Age Pension

Section 157

Interpretation.

Section 158

Right to pension.

Section 159

Statutory conditions.

Section 160

Special conditions for receipt of pension.

Section 161

Rates of pension and increases for child dependants.

Section 162

Increases for incapacitated and married pensioners.

Section 163

Disqualifications.

Section 164

Decisions and appeals.

Section 165

Local pensions committees and social welfare officers.

Section 166

Raising of questions.

Section 167

Commencements of pensions.

Section 168

General provisions as to prosecutions.

Section 169

Legal proceedings.

Section 170

Regulations.

Section 171

Pensions of persons in certain mental institutions.

Section 172

Notifications of increase of means.

Section 173

Furnishing of information to social welfare officers.

Section 174

Furnishing of information to social welfare officers by personal representatives.

Blind pension

Section 175

Right to pensions and statutory conditions.

CHAPTER 4

Windows's And Orphan's Pensions (Non-Contributory)

Section 176

Interpretation.

Window's Pension

Section 177

Right to pension.

Section 178

Rates of pension and increases for child dependants.

Section 179

Increases for incapacitated pensioners.

Section 180

Disqualifications.

Section 181

Provisions against double pensions.

Orphan's Pension

Section 182

Right to pension.

Section 183

Rates of pension.

Miscellaneous

Section 184

Claims.

Section 185

Appointment and duties of social welfare officers.

Section 186

Absence from the State.

Section 187

Commencement of pensions.

Section 188

Penalty for false statements.

Section 189

Regulations.

Section 190

Payment of widow's pensions.

Section 191

Payment of orphan's pensions.

Section 192

Repayment of pension overpaid.

Section 193

Pension granted to person in receipt of unemployment assistance.

Section 194

Pension granted to persons in receipt of supplementary welfare allowance.

CHAPTER 5

Allowances for Certain Women

Section 195

Deserted wife's allowance.

Section 196

Prisoner's wife's allowance.

Section 197

Social assistance allowance.

Section 198

Single woman's allowance.

CHAPTER 6

Supplementary Welfare Allowance

Section 199

Interpretation.

Section 200

Entitlement to supplementary welfare allowance.

Section 201

Exclusion of persons receiving full-time education.

Section 202

Exclusion of persons in full-time employment.

Section 203

Persons affected by trade disputes.

Section 204

Administration.

Section 205

Appeals.

Section 206

Conditions for grant of supplementary welfare allowance.

Section 207

Calculation of supplementary welfare allowance.

Section 208

Weekly amounts of supplementary welfare allowance for persons of no means.

Section 209

Additions to weekly amount of supplementary welfare allowance and other income.

Section 210

Calculation of means.

Section 211

Allowances in kind.

Section 212

Power to make single payment for exceptional need.

Section 213

Grant of supplementary welfare allowance in cases of urgency.

Section 214

Liability to maintain dependants.

Section 215

Recovery of and contributions to supplementary welfare allowance.

Section 216

Arrangements for burials.

Section 217

Estimates of income and expenditure in respect of supplementary welfare allowance.

Section 218

Financing of health board expenditure.

Section 219

Regulations.

Section 220

Transfers of certain property.

Section 221

Transfer of certain officers and enforceability of contracts.

Section 222

Transitional provisions.

PART IV

Children's Allowances

Section 223

Qualified child.

Section 224

Qualified persons.

Section 225

Amounts of children's allowance.

Section 226

Time limit for payment.

Section 227

Appointment and duties of social welfare officers.

Section 228

Exclusion of children's allowance for superannuation or pension purposes.

Section 229

Repayment of children's allowances overpaid.

Section 230

Payments to appointed persons and absence from State.

Section 231

Penalty for false statements.

Section 232

Regulations.

PART V

Intermittent Unemployment Insurance Preliminary and General

Section 233

Interpretation.

Section 234

Insurable employment.

Section 235

Employment in the building, civil engineering and painting trades.

Section 236

Excepted persons.

Section 237

Persons employed by the State.

Section 238

Extension of meaning of “insurable employment” and “skilled worker”.

Insured Persons and Contributions

Section 239

Insurance against intermittent unemployment.

Section 240

Contributions.

Section 241

Liability for contributions.

Section 242

Employer's contribution irrecoverable from insured person.

Section 243

Recovery by employer of insured person's contribution.

Section 244

Persons treated as employers.

Section 245

Dates of payment of contributions.

Section 246

Repayment of contributions.

Section 247

Regulations as to payment of contributions by stamps, etc.

Section 248

Issue of supplementary insurance stamps.

Section 249

Powers of Minister for Posts and Telegraphs in relation to supplementary insurance stamps.

Section 250

Winding-up and bankruptcy.

Supplementary Benefit

Section 251

Right to supplementary benefit.

Section 252

Rates of supplementary benefit.

Section 253

Conditions for receipt of supplementary benefit.

Section 254

Notification of intermittent unemployment.

Section 255

Payment of supplementary benefit by employers.

Section 256

Payment of supplementary benefit by Minister.

Section 257

Repayment by Minister of benefit paid by employers.

Section 258

Circumstances in which no repayments are to be made to employers.

Section 259

Recovery of amounts improperly paid.

Section 260

Notification of amounts improperly paid.

Section 261

Procedure.

Section 262

Additional methods of fulfilling conditions.

Section 263

Restriction on payment of unemployment benefit and unemployment assistance.

Administration

Section 264

Inspectors.

Section 265

Provisions in relation to excepted persons whose employment is terminated.

Section 266

Offences, including offences relating to bodies corporate.

Section 267

Prosecutions.

Section 268

Civil proceedings against employer.

Section 269

Continuance, etc., of the Fund.

Section 270

Advances out of Central Fund.

Section 271

Decisions.

Section 272

Application of administration provisions.

PART VI

School Meals and Fuel Schemes

CHAPTER 1

School Meals (National Schools)

Section 273

Interpretation.

Section 274

Power of local authority to provide meals.

Section 275

Recovery of cost of meals.

Section 276

Power of local authority to defray cost of food in certain cases.

Section 277

Provision of meals on days when schools do not meet.

Section 278

Exemption of teachers from duties.

CHAPTER 2

Meals (other than in National Schools)

Section 279

General powers of local authorities.

CHAPTER 3

School Meals (Gaeltacht)

Section 280

Interpretation.

Section 281

Application.

Section 282

Authority to provide meals.

Section 283

Appointment of committees.

Section 284

Exemption of teachers from duties.

Section 285

Payments in aid to county councils.

Section 286

Regulations.

Section 287

Expenses of county councils.

Section 288

The Gaeltacht.

CHAPTER 4

Fuel Scheme

Section 289

Cheap fuel scheme.

PART VII

Alienation of Books and Documents

Section 290

Application.

Section 291

Prohibition of alienation of documents.

Section 292

Avoidance of alienation of documents.

Section 293

Return of documents on demand.

Section 294

Punishment for offences.

PART VIII

Decisions, Appeals and Miscellaneous Decisions and Appeals

Section 295

Deciding officers.

Section 296

Decisions by deciding officers.

Section 297

Appeals officers.

Section 298

Appeals and references to appeals officers.

Section 299

Appeals to High Court.

Section 300

Revision of decisions.

Section 301

Certificate by deciding or appeals officer.

Miscellaneous

Section 302

Stamp duty.

Section 303

Birth, marriage and death certificates.

Section 304

Inalienability.

Section 305

Means for purpose of Debtors Act (Ireland), 1872.

Section 306

Exclusion in assessment of damages.

Section 307

Reciprocal arrangements.

Section 308

Regulations varying rates of benefit or assistance.

Section 309

Regulations securing continuity of certain provisions repealed, amended, etc.

PART IX

Commencement, Repeals and Continuance

Section 310

Commencement and repeals.

Section 311

Continuity of repealed enactments.

Section 312

Continuance of instruments, officers and documents.

Section 313

Superannuation of certain officers.

FIRST SCHEDULE Employments and Excepted Employments

PART I

Employments

PART II

Excepted Employments SECOND SCHEDULE Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits—Gratuities and Grants

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Reduced Rates of Injury Benefit and Disablement Pension

PART VI

Amounts of Maternity and Death Grants THIRD SCHEDULE Rules as to Calculation of Means FOURTH SCHEDULE Rates of Assistance

PART I

Rates cf Periodical Social Assistance and Increases Thereof

PART II

Reductions for Means

PART III

Increase of Old Age Pension for a Spouse

PART IV

Amounts of Children's Allowances FIFTH SCHEDULE Intermittent Unemployment Insurance

PART I

Rates of Weekly Contributions Payable by Insured Persons and Employers

PART II

Hourly Rates of Supplementary Benefit SIXTH SCHEDULE Enactments Repealed Marginal Abbreviations 19—OAP [html] Old Age Pensions Act of year indicated.

19—UA [html] Unemployment Assistance Act of year indicated.

19—WOPS [html] Widows' and Orphans' Pensions Act of year indicated.

19—CA [html] Children's Allowances Act of year indicated.

19— [html] Social Welfare Act of year indicated.

19—MP [html] Social Welfare (Miscellaneous Provisions) Act of year indicated.

1942 IU [html] Insurance (Intermittent Unemployment) Act, 1942 .

19—AM [html] Social Welfare (Amendment) Act of year indicated.

1966 OI [html] Social Welfare (Occupational Injuries) Act, 1966 .

1974 (No. 1), (No. 2), (No. 3) [html] Social Welfare (No. 1, 2 or 3 as the case may be) Act, 1974.

19—PM [html] Education (Provision of Meals) (Ireland) Act of year indicated.

19—SMG [html] School Meals (Gaeltacht) Act of year indicated.

19—PRB [html] Social Welfare (Pay-Related Benefit) Act of year indicated.

19—HA [html] Health Act of year indicated.

1932 PB [html] Pension Books (Prohibition of Alienation) Act, 1932.

1939 PA [html] Public Assistance Act, 1939 .

1940 CM [html] County Management Act, 1940 .

1971 LG [html] Local Government (Rateability of Rents) (Abolition) Act, 1971.

1975 SWA [html] Social Welfare (Supplementary Welfare Allowances) Act, 1975 .

1976 (No. 2) [html] Social Welfare (No. 2) Act, 1976.

TABLE OF STATUTES REFERRED TO Short title Session and chapter or number and year Common Law Procedure Amendment Act (Ireland), 1856 19 & 20 Vic. c.102 Debtors Act (Ireland), 1872 35 & 36 Vic. c.57 Public Offices Fees Act, 1879 42 & 43 Vic. c.58 Preferential Payments in Bankruptcy (Ireland) Act, 1889 52 & 53 Vic. c.60 Inland Revenue Regulation Act, 1890 53 & 54 Vic. c.21 Stamp Duties Management Act, 1891 54 & 55 Vic. c.38 Stamp Act, 1891 54 & 55 Vic. c.39 Local Government (Ireland) Act, 1898 61 & 62 Vic. c.37 Workmen's Compensation Act, 1906 6 Edw. 7. c.58 Probation of Offenders Act, 1907 7 Edw. 7. c.17 Post Office Act, 1908 8 Edw. 7. c.48 National Insurance Act, 1911 1 & 2 Geo. 5. c.55 Pilotage Act, 1913 2 & 3 Geo. 5. c.31 Unemployment Insurance Act, 1920 10 & 11 Geo. 5. c.30 Blind Persons Act, 1920 10 & 11 Geo. 5. c.49 Criminal Justice (Evidence) Act, 1924 No. 37 of 1924 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Illegitimate Children (Affiliation Orders) Act, 1930 No. 17 of 1930 National Health Insurance Act, 1933 No. 13 of 1933 Approved Investments Act, 1933 No. 34 of 1933 Workmen's Compensation Act, 1934 No. 9 of 1934 Widows' and Orphans' Pensions Act, 1935 No. 29 of 1935 Superannuation Act, 1936 No. 39 of 1936 Public Assistance Act, 1939 No. 27 of 1939 Insurance (Intermittent Unemployment) Act, 1942 No. 7 of 1942 Arterial Drainage Act, 1945 No. 3 of 1945 Mental Treatment Act, 1945 No. 19 of 1945 Health Act, 1947 No. 28 of 1947 Land Reclamation Act, 1949 No. 25 of 1949 Social Welfare Act, 1950 No. 14 of 1950 Social Welfare Act, 1952 No. 11 of 1952 Health Act, 1953 No. 26 of 1953 Fatal Injuries Act, 1956 No. 3 of 1956 Local Government (Superannuation) Act, 1956 No. 10 of 1956 Health Authorities Act, 1960 No. 9 of 1960 Civil Liability Act, 1961 No. 41 of 1961 Companies Act, 1963 No. 33 of 1963 Civil Liability (Amendment) Act, 1964 No. 17 of 1964 Land Act, 1965 No. 2 of 1965 Social Welfare (Occupational Injuries) Act, 1966 No. 16 of 1966 Income Tax Act, 1967 No. 6 of 1967 Health Act, 1970 No. 1 of 1970 Holidays (Employees) Act, 1973 No. 25 of 1973 Social Welfare Act, 1975 No. 1 of 1975 Social Welfare (Supplementary Welfare Allowances) Act, 1975 No. 28 of 1975 Social Welfare (Amendment) Act, 1978 No. 25 of 1978 Acts Cited Collectively Income Tax Acts.

Land Purchase Acts.

Valuation Acts.

Superannuation Acts, 1834 to 1963.

Sale of Food and Drugs Acts, 1875 to 1936.

Local Government (Sanitary Services) Acts, 1878 to 1964.

Labourers Acts, 1883 to 1965.

National Health Insurance Acts, 1911 to 1952.

Army Pensions Acts, 1923 to 1980.

Military Service Pensions Acts, 1924 to 1964.

Workmen's Compensation Acts, 1934 to 1955.

Connaught Rangers (Pensions) Acts, 1936 to 1964.

County Management Acts, 1940 to 1972.

Social Welfare (Children's Allowances) Acts, 1944 to 1973.

Mental Treatment Acts, 1945 to 1966.

Forestry Acts, 1946 to 1976.

Health Acts, 1947 to 1979.

Adoption Acts, 1952 to 1976.

Housing Acts, 1966 to 1979.

Number 1 of 1981 SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE, CHILDREN'S ALLOWANCES, INTERMITTENT UNEMPLOYMENT INSURANCE AND OTHER ENACTMENTS RELATING TO SOCIAL WELFARE. [24th February, 1981] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title.

1.—This Act may be cited as the Social Welfare (Consolidation) Act, 1981.

Interpretation generally. [1952, s. 2; 1966 OI, s. 1; 1978 AM, ss. 4, 6, 13; 1980, ss. 6, 14, 19, 23] 2.—(1) In this Act, save where the context otherwise requires— “adult dependant” means, in relation to any person— (a) a wife who is living with or being wholly or mainly maintained by her husband, or (b) a husband who is incapable of self-support by reason of some physical or mental infirmity and who is being wholly or mainly maintained by his wife, or (c) a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with that person where that person is— (i) a single person, or (ii) a widow, or (iii) a widower, or (iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse; “appeals officer” means a person holding office as an appeals officer under section 297 ; “assistance” means assistance under

Part III

; “beneficiary” means a person entitled to benefit; “benefit” means benefit under

Part II

; “benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year; “Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ; “contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the first day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last two days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year; “contribution year” means a year of assessment within the meaning of the Income Tax Acts; “credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 14 ; “day of incapacity for work” has the meaning assigned in section 18 ; “day of unemployment” has the meaning assigned in section 29 ; “deciding officer” means a person holding office as a deciding officer under section 295 ; “employed contributor” has the meaning assigned in section 5

(1); “employer's contribution” has the meaning assigned in section 9
(1)(a); “employment contribution” has the meaning assigned in section 9
(1)(a); “entry into insurance” means, subject to sections 16
(3), 79
(11)and 93
(6)in relation to any person, the date on which he becomes an insured person; [1975 SWA, s. 1] “health board” means a health board within the meaning of the Health Act, 1970 ; “incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable; “increase” means, in relation to any benefit, an increase under section 21 , 32 , 44 , 45 , 46 , 47 , 50 , 51 , 81 , 86 , 87 , 91 , 95 or 103 ; “inspector” means a person holding office as an inspector under section 114 ; “insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor; “insurable (occupational injuries) employment” has the meaning assigned in section 38 ; “insured person” means a person insured under

Part II

; “maternity benefit” means maternity allowance or maternity grant, as the case may be; “the Minister” means the Minister for Social Welfare; “occupational injuries insurance” has the meaning assigned in section 37

(2); “the Occupational Injuries Fund” means the Fund to which section 67 relates; “orphan” means, subject to sections 52
(4)and 97
(3)— (a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or (b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband, or [1980, ss. 12, 22] (c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him; [1977, s. 13 (2)] “pensionable age” means the age of 66 years; “prescribed” means prescribed by regulations; [1970, ss. 29 (3), 34(2); 1966 OI, s. 1] “qualified child” means, except in sections 92
(5), 107
(2), 157 , 176 and 223 , a person who— (a) is under the age of 18 years, (b) is ordinarily resident in the State, and (c) is not detained in a reformatory or an industrial school; “qualifying contribution” means the appropriate employment contribution (or appropriate employment contributions) which was (or were) paid, or would have been paid but for section 10
(1)(c), in respect of any insured person; [1978 AM, s. 4 (1)] “reckonable earnings” means, subject to regulations and to section 71 , earnings derived from insurable employment or insurable (occupational injuries) employment; “regulations” means regulations made by the Minister under this Act; “the Social Insurance Fund” means the Fund to which section 122 relates; “the Supplementary Unemployment Fund” means the Fund to which section 269 relates; “voluntary contribution” has the meaning assigned in section 11
(1)(a); “voluntary contributor” has the meaning assigned in section 5
(2); “the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 .
(2)For the purposes of this Act— (a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age; (b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age; (c) a person shall be deemed not to have attained the age of 16 years until the commencement of the 16th anniversary of the day of his birth, and similarly with respect to any other age; (d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week.
(3)Any reference in this Act to contributions shall, where the reference is without qualification, be construed, save where the context otherwise requires, as including both a reference to employment contributions and a reference to voluntary contributions. [1966 OI, s. 36]
(4)Regulations may, as respects any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.
(5)References in this Act to an employed contributor's employer shall not be construed as including his employer in any employment other than insurable employment or insurable (occupational injuries) employment. [1974 (No. 1), s. 4]
(6)Any question relating to the normal residence of a qualified child shall, subject to section 224
(2), be decided in accordance with regulations made under this subsection. [1966 OI, s. 1; 1952 CA, s. 8]
(7)Where a child has been or becomes adopted pursuant to the Adoption Acts, 1952 to 1976, then for the purposes of this Act— (a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and (b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in subsection (1), “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”.
(8)References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.
(9)In this Act, a reference to a Part or Chapter, section or Schedule is to a Part or Chapter or section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.
(10)In this Act, a reference to a subsection, paragraph, subparagraph or clause is to the subsection, paragraph, subparagraph or clause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

General provisions as to regulations. [1952, s. 3; 1933 UA, s. 7; 1935 WOPS, s. 65; 1942 IU, s. 12; 1944 CA, s. 20; 1966 OI, s. 1 (7); 1975 SWA, s. 21] 3.—(1) The Minister may make regulations— (a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and (b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2)Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition.
(3)Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.
(4)The following shall be subject to the sanction of the Minister for Finance— (a) regulations for the purposes of section 2
(1), 6 , 7 , 11
(1)(d), 13 , 15 , 16 , 19
(4), 30
(4), 38
(8)(9) (10), 73 , 76
(1)(a), 79
(7)(9), 84
(3)(4), 89
(4), 93
(4), 101
(4), 108
(4)(6), 133 , 209 , 210
(3), 269
(6), 286 , 308 or 309 , (b) a draft of regulations under section 5
(4)(5), 10
(2), 12 , 19
(3), 25
(2), 30
(3), 79
(6), 84
(2), 89
(3), 93
(3), 97
(2), 101
(3), 105
(3)or 108
(3).
(5)Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses. [1908 OAP, s. 10; 1930 SMG, s. 10; 1933 UA, s. 24; 1933 SMG, s. 2; 1935 WOPS, s. 43; 1942 IU, s.14; 1944 CA, s. 21; 1952, s. 40; 1957 MP, s. 6; 1975 SWA, s. 27] 4.—(1) Any expenses (other than expenses to which section 285 relates) incurred by the Minister or any other Minister in carrying this Act into effect and the expenses of the local pension committees under

Chapter 3

of

Part III

up to an amount approved by the Minister shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2)There shall be paid to the Minister for Finance out of the Social Insurance Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister which relates to the scheme of social insurance (other than occupational injuries insurance) provided for in

Part II

and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.

(3)In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.

PART II

SOCIAL INSURANCE

Chapter 1

Insured Persons, Contributions and Benefits Insured Persons Insured persons. [1952, s. 4] 5.—(1) Subject to this Act— (a) every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in

Part I

of the First Schedule , not being an employment specified in

Part II

of that Schedule, shall, subject to section 65

(1), be an employed contributor for the purposes of this Act, and (b) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured. [1978 AM, s. 13]
(2)Subject to this Act, where a person ceases to be an employed contributor otherwise than by reason of attaining pensionable age and he has qualifying contributions in respect of not less than 156 contribution weeks, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as a voluntary contributor).
(3)A voluntary contributor shall, if he becomes an employed contributor, cease to be a voluntary contributor except insofar as is provided in section 11
(2).
(4)Regulations may provide for including among employed contributors person employed in any of the employments specified in

Part II

of the First Schedule .

(5)Regulations may provide for— (a) excluding particular employments or any classes of employment from the employments specified in

Part I

of the First Schedule , or (b) adding to the employments so specified particular employments or any classes of employment, and, where the Minister considers that any modifications of this Act are appropriate having regard to the purpose for which the regulations are made, the regulations may make those modifications.

(6)Where regulations are proposed to be made for the purposes of subsection (4) or (5), a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Employment by more than one employer. [1978 AM, s. 7] 6.—Regulations may— (a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and (b) determine the circumstances in which a person is to be regarded for the purposes of section 10

(1)(d) as being concurrently employed by two or more employers.

Modified insurance. [1952, s. 12; 1974 (No. 3), s. 3] 7.—(1) Regulations may modify the provisions of this Part in their application in the case of— (a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6, 7, 11and 12 of

Part I

of the First Schedule , or (b) persons employed in a statutory transport undertaking, or (c) persons employed as teachers in comprehensive schools established by the Minister for Education, or (d) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or (e) persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or (f) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or (g) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or (h) persons employed as members of the Army Nursing Service, or (i) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or (j) persons employed by voluntary organisations which are providing district nursing services. [1956 AM, s. 3]

(2)Notwithstanding section 9
(1)and section 10 , regulations for the purposes of this section may provide for employment contributions consisting of employers' contributions only and the said sections shall, so long as regulations so providing are in force, stand modified accordingly.
(3)Regulations for the purposes of this section may modify the provisions of this Part in different ways for male persons and for female persons employed in the same employment.
(4)The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Employment outside the State. [1952, s. 13] 8.—(1) Regulations may modify the provisions of this Part and the First Schedule in their application in the case of persons who are or have been outside the State while insured under this Part.

(2)The modifications which may be made by regulations for the purposes of subsection (1) shall, in particular, include the deletion of “in the State” in paragraph 1 of

Part I

of the First Schedule .

(3)The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Contributions Sources of moneys for benefits. [1952, s. 5] 9.—(1) For the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, are to be made out of the Social Insurance Fund, there shall be— (a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall, subject to section 10

(7)and section 65
(2), comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor, (b) contributions in respect of voluntary contributors, and (c) payments out of moneys provided by the Oireachtas. [1952, s. 6(3)]
(2)Employment contributions and voluntary contributions shall be paid into the Social Insurance Fund.

Employment contributions. [1952, s. 6; 1978 AM, s. 5(1); 1980, s. 26] 10.—(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section. (b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7 , where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising— (i) a contribution by the employed contributor at the rate of 3.5 per cent., and (ii) a contribution by his employer at the rate of 8.5 per cent. of the amount of the reckonable earnings to which such payment relates. (c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £7,000 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year. (d) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 6 ), the provisions of paragraph (c) shall, in relation to contributions mentioned in paragraph (b) (ii), apply to the reckonable earnings from each of the employments separately. [1978 AM, s. 5(5)]

(2)(a) The Minister may by regulations vary the sum specified in subsection (1) (c) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made. (b) When making regulations under this subsection the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries as recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (c) was last determined. (c) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(3)The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.
(4)An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide that— (a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and (b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.
(5)Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from the remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.
(6)Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted. [1978 AM, s. 5 (6)]
(7)The employment contribution payable by the employed contributor under subsection (1) (b) or under regulations made under section 7 shall not be payable in the case of an employed contributor who is in receipt of any of the following— (a) a widow's (contributory) pension, (b) a widow's (non-contributory) pension, (c) deserted wife's benefit, (d) a deserted wife's allowance, (e) death benefit by way of widow's pension under section 50 , (f) a social assistance allowance under section 197 , (g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Economic Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.

Voluntary contributions. [1978 AM, s. 5 (3). 1980, s. 26] 11.—(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a voluntary contribution) shall be payable by a voluntary contributor, who is under pensionable age, in each contribution year at such time or times and in such manner as the Minister shall prescribe— (i) at a percentage rate (as set out in paragraph (b)) of the amount of the reckonable income of the contributor in the preceding contribution year, or (ii) where there was no such income or such income did not exceed such amount as may be prescribed, at a percentage rate of such amount as the Minister shall prescribe. (b) A percentage rate for the purpose of paragraph (a) (i) shall be— (i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pensions, 1.8 per cent., (ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 4.7 per cent., and (iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 2.9 per cent. (c) A contribution under paragraph (a) shall not be payable in respect of reckonable income in any contribution year which exceeds the sum specified in section 10

(1)(c). (d) “reckonable income” for the purposes of this subsection means, subject to regulations, income derived from any employment, including any trade, business, profession, office or vocation. [1975, s. 17]
(2)In the case of a person who, on 31st March, 1974, was a voluntary contributor entitled to pay voluntary contributions and who became an employed contributor in respect of whom special rate contributions were payable under section 17
(1)of the Social Welfare Act, 1975 , such a person shall, notwithstanding section 5
(3), continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.
(3)Voluntary contributions paid pursuant to subsection (2) by a person to whom that subsection applies shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, retirement pension or death grant are satisfied. [1978 AM, s. 8]
(4)Notwithstanding any other provision of this Act, but subject to subsection (5), a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, maternity benefit, invalidity pension or treatment benefit and, if any voluntary contributions paid by him are at the percentage rate for the time being payable under subsection (1) (b) (i), they shall be disregarded in determining whether the contribution conditions for old age (contributory) pension, retirement pension or death grant are satisfied. [1952, s. 37 (2)]
(5)Notwithstanding subsection (4), any benefit mentioned in that subsection may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed. [1978 AM, s. 13(3)]
(6)A voluntary contribution paid under subsection (1) (a) shall be regarded, where the contribution relates to a full contribution year, as having been paid for each contribution week in that contribution year or, where the contribution relates to a shorter period, as having been paid for each contribution week in that period.

Regulations varying rates of contributions. [1952, s. 6 (9)] 12.—Regulations may alter the rates of employment or voluntary contributions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings. [1978 AM, ss. 10, 11] 13.—(1) So far as may be necessary for the proper administration of this Part, information regarding employers and the employment and reckonable earnings of insured persons which is obtained by the Revenue Commissioners in connection with the collection of income tax may be supplied by them to the Minister.

(2)For the purposes of this Part, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed.
(3)Regulations may provide for the calculation of the amounts payable in respect of employment contributions and voluntary contributions in accordance with prescribed scales, and for adjustments of such amounts to facilitate computation and to avoid fractions of one penny in the amounts.

Exceptions and credits. [1952, s. 7] 14.—Regulations may provide for— (a) making exceptions from the liability to pay contributions for any specified periods, and (b) crediting contributions to insured persons for any specified periods, including, in particular— (i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a), and (ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.

Payment of contributions and keeping of records. [1978 AM, s. 6] 15.—(1) Regulations may provide for— (a) the time and manner of payment of employment contributions, (b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions, (c) the charging of interest on arrears of employment contributions, (d) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates, (e) the furnishing of returns by employers in relation to periods of insurable employment, (f) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and (g) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection,

(2)Without prejudice to the generality of subsection (1), regulations under that subsection may provide for— (a) the assignment of any function relating to any matter referred to in that subsection to the Collector-General, (b) the assignment to the Collector-General of any function conferred on the Minister by section 116 and the modification for that purpose of any provision of that section, (c) the inspection by or on behalf of the Revenue Commissioners of records prescribed under subsection (5), (d) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid, and (e) treating as paid, for the purpose of any right to benefit, employment contributions payable by an employer in respect of an insured person which have not been paid, where the failure to pay such contributions is shown not to have been with the consent or connivance of the insured person or attributable to any negligence on the part of the insured person.
(3)Nothing in any regulations under this section shall affect the liability of the employer under section 10
(3)to pay employment contributions.
(4)(a) The provisions of any enactment, regulation or rule of court relating to the inspection of records, the estimation, collection and recovery of, or the furnishing of returns by employers in relation to, income tax, or relating to appeals in relation to income tax, shall, with any necessary modifications, apply in relation to employment contributions which the Collector-General is obliged to collect as they apply in relation to income tax. (b) In proceedings instituted by virtue of this section, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him. (c) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this section. [1978 AM, s. 12]
(5)For the purposes of this Part, regulations may require employers to keep such records as may be prescribed in relation to the earnings of persons employed by them and the periods during which the persons were employed, and to retain the records for prescribed periods.
(6)The powers conferred on an inspector under section 114 may be exercised in relation to records referred to in subsection (5).

Return of contributions paid in error. [1952, s. 9; 1960 AM, s. 4; 1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13] 16.—(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions and of so much of any contribution paid by an employed contributor or a voluntary contributor whose entry into insurance occurred— (a) after he had attained the age of 60 years; (b) after he had attained the age of 58 years in the case of a person who attained the age of 57 years on or after 1st July, 1974, and (c) after he had attained the age of 57 years in the case of a person who attained the age of 56 years on or after 1st April, 1975, and (d) after he had attained the age of 56 years in the case of a person who attained the age of 55 years on or after 1st October, 1977; as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension.

(2)(a) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (b) shall not apply on his attaining the age of 57 years. (b) In the case of a person who attained the age of 55 years on or after 1st October, 1977, subsection (1) (c) shall not apply on his attaining the age of 56 years and subsection (1) (b) shall not apply on his attaining the age of 57 years. [1962 MP, s. 10]
(3)For the purposes of this section, the entry into insurance of a contributor, whether an employed contributor or a voluntary contributor, shall be deemed to have occurred after he had attained the appropriate age under subsection (1) if after the time of such attainment he became for the first time an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for an old age (contributory) pension are payable and he had not been an employed contributor under the National Health Insurance Acts, 1911 to 1952, before attaining that age. [1970, s. 19]
(4)Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of section 84
(1)after he had attained the age of 55 years as is determined in accordance with the regulations to have been paid in respect of retirement pension.

Benefits Description of benefits. [1952, s. 14; 1960 AM, s. 5; 1966 OI, s. 7; 1970, s. 4; 1973 PRB, s. 2; 1973, s. 17] 17.—(1) Benefits under this Part shall be of the following descriptions and are so described in this Act— (a) disability benefit, (b) maternity allowance, (c) unemployment benefit, (d) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit, (e) pay-related benefit, (f) old age (contributory) pension (including benefit under section 87 ), (g) retirement pension (including benefit under section 87 ), (h) invalidity pension, (i) widow's (contributory) pension, (j) orphan's (contributory) allowance, (k) deserted wife's benefit, (l) maternity grant, (m) death grant.

(2)Subject to section 110 and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1), also include treatment benefit under that section.
(3)Benefit shall, subject to section 67
(2)(a), be paid or provided for out of the Social Insurance Fund.

CHAPTER 2

Disability Benefit Title to benefit. [1952, s. 15] 18.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as a day of incapacity for work) which forms part of a period of interruption of employment, if— (a) he is under pensionable age on the day for which the benefit is claimed, and (b) he satisfies the contribution conditions in section 19 . [1980, s. 17]

(2)A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work. [1974 (No. 2), s. 10]
(3)Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(4)For the purposes of any provision of this Act relating to disability benefit— (a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work, (b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment, (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 two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment, [1980, s. 17] (d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74
(2)applies, (e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.
(5)Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.
(6)The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate.

Conditions for receipt. [1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13, 14(2);

S.I. No. 156 of 1956 ] 19.—(1) The contribution conditions for disability benefit are— (a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed. [ S.I. No. 383 of 1980 ]

(2)Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3rd January, 1981, or would but for the provisions of section 18
(2)or 23
(1)have been so entitled, then, as respects 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 paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid. [1952, s. 14]
(3)Regulations may provide for modifications of the contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. [1952, s. 28]
(4)Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
(5)Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit. [1952, s. 14 (3)] 20.—Subject to this Act, the weekly rates of disability benefit shall be as set out in column (2) of

Part I

of the Second Schedule .

Increases for adult and child dependants. [1952, s. 26; 1980, s. 19] 21.—(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of

Part I

of the Second Schedule for any period during which the beneficiary has an adult dependant, 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. [1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2)The weekly rate of disability benefit shall be increased by the amount set out in column (4) of

Part I

of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Duration of payment. [1952, s. 16; 1978 AM, s. 13 (1)] 22.—(1) Where a person— (a) has qualifying contributions in respect of less than 156 contribution weeks in the period between his 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), to disability benefit for 312 days, he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.

(2)Where a person has exhausted his right to disability benefit— (a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to benefit, and (b) on his requalifying therefor, subsection (1) shall again apply to him but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
(3)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he 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.

Disqualifications. [1952, s. 17] 23.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Part if— (a) he has become incapable of work through his own misconduct, or (b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(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 thereof if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice. [1952, s. 29]
(3)Regulations may also provide for disqualifying a person for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.
(4)For the purposes of subsection (3), any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

CHAPTER 3

Maternity Allowance Title to and duration of allowance.

24.—(1) Subject to this Act, a woman shall be entitled to a maternity allowance if— [1952, s. 20] (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 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, and (b) she satisfies the contribution conditions in section 25 . [1979, s. 23]

(2)Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but— (a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week, (b) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to paragraph (a) be payable until the expiration of the 6th week after the week in which that date occurs.
(3)Regulations may modify subsections (1) and (2) 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) no such certificate as is referred to in subsection (1) (a) has been given. [1974 (No. 2), s. 17]
(4)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate.

Conditions for receipt. [1952, Sch. 4; 1960 MP, s. 15; 1972, s. 14; 1978 AM, s. 13] 25.—(1) The contribution conditions for maternity allowance are— (a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time.

In this subsection “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement. [1952, s. 14]

(2)Regulations may provide for modifications of these contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Rate of allowance. [1952, s. 14] 26.—Subject to this Act, the weekly rate of maternity allowance shall be as set out in column (2) of

Part I

of the Second Schedule .

Disqualifications. [1952, s. 20 (4)] 27.—Regulations may provide for disqualifying a woman for receiving a maternity allowance if— (a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties 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 the regulations.

Supplementary provisions. [1952, s. 21] 28.—(1) For the purposes of this Chapter— (a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly, (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, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(2)In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.

CHAPTER 4

Unemployment Benefit Title to benefit. [1952, s. 15] 29.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Act referred to as a day of unemployment) which forms part of a period of interruption of employment if— (a) he is under pensionable age on the day for which the benefit is claimed, and (b) he satisfies the contribution conditions in section 30 . [1980, s. 17]

(2)A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment. [1974 (No. 2), s. 10]
(3)Subject to section 125 , payment of unemployment benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(4)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 he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment, (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 two such periods not separated by a period of more than 13 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.
(5)Regulations may make provision (subject to subsection (4)) 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.
(6)The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate.

Conditions for receipt. [1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13 (1), 14 (2);

S.I. No. 156 of 1956 ] 30.—(1) The contribution conditions for unemployment benefit are— (a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

(2)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 the provisions of section 29
(2), 35
(1)or 35
(3)have been so entitled then, as respects 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), be regarded as continuing so long as the period of interruption of employment continues. [1952, s. 14]
(3)Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. [1952, s. 28]
(4)Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
(5)Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit. [1952, s. 14] 31.—Subject to this Act, the weekly rates of unemployment benefit shall be as set out in column (2) of

Part I

of the Second Schedule opposite reference 1 (A) in column (1).

Increases for adult and child dependants. [1952, s. 26; 1980, s. 19] 32.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of

Part I

of the Second Schedule for any period during which the beneficiary has an adult dependant, 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. [1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2)The weekly rate of unemployment benefit shall be increased by the amount set out in column (4) of

Part I

of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Reduced rates of benefit. [1967 MP, s. 5] 33.—(1) Subject to subsection (2), the weekly rates of unemployment benefit, including any increases for dependants payable by virtue of section 32 , shall be at the reduced rates set out at reference I (B) of

Part I

of the Second Schedule after the 156th day for which the beneficiary has been entitled to that benefit. [1978 AM, s. 13 (4)]

(2)Subsection (1) does not apply in relation to— (a) a person over 65 years of age who has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which benefit is claimed, or [1978 AM, s. 14 (2)] (b) a person who has qualifying contributions in respect of not less than 280 contribution weeks in the period of 7 complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.

Duration of payment. [1952, s. 16; 1967 MP, s. 5; 1978 AM, s. 13] 34.—(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 subsections (3) and (6), 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 has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.

(2)Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit— (a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and (b) on his requalifying therefor, subsection (1) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment. [1976, s. 11]
(3)Subsection (1) shall, in respect of a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “390 days” were substituted for “156 days”.
(4)Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit— (a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and (b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
(5)Where in the period of interruption of employment a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband) has exhausted his right to 312 days' unemployment benefit within the period of 78 days ending on 5th April, 1976, he shall be entitled to unemployment benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date up to the 394th day of unemployment in that period of interruption of employment. [1979, s. 22]
(6)Subsection (1) shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “156 days”.
(7)Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit— (a) she shall requalify therefor when she has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which she was entitled to that benefit, and (b) on her so requalifying, subsections (1) and (6) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
(8)Where in a period of interruption of employment a woman referred to in subsection (6) has exhausted her right to 156 days' unemployment benefit within the period of 156 days ending on 31st March, 1979, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment after that date up to the 315th day of unemployment in that period of interruption of employment. [1952, s. 16]
(9)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he 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.

Disqualifications. [1952, s. 17] 35.—(1) 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 was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation: [1967 MP, s. 8] Provided that the foregoing provisions of this subsection shall not apply to a person who— (a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and (b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(2)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 shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
(3)A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he— (a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or (b) has refused an offer of suitable employment, or [1967 MP, s. 8] (c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or (d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment, and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.
(4)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 thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
(5)For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is— (a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or (b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he 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.
(6)In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.

CHAPTER 5

Occupational Injury Benefits Preliminary Interpretation. [1966 OI, s. 1] 36.—(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; “approved hospital treatment” has the meaning specified in section 63

(2); “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 construed 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 specified in section 43
(7); “disablement pension” has the meaning specified in section 43
(8)or (9); “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 43
(2), 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 construed accordingly; “medical treatment” has the meaning specified in section 63
(1); “occupational accident” has the meaning specified in section 60 ; “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; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury; “unemployability supplement” has the meaning specified in section 45
(3).
(2)References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.

Insurable Employment Occupational injuries insurance. [1966 OI, s. 2] 37.—(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 such employment.

(2)Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section.

Insurable (occupational injuries) employment. [1966 OI, s. 3] 38.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in

Part I

of the First Schedule , not being an employment specified in

Part II

of that Schedule.

(2)(a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in

Part I

of the First Schedule — (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 such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as 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, if there is more than one owner, the managing owner or manager, resides or has his 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, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

(3)For the purposes of this section, the following employments shall be taken as being added to the employments specified in

Part II

of the First Schedule — (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, otherwise than under contract of service or apprenticeship, as an outworker, (d) employment under any local or other public authority in the execution of any contract for services, [1972, s. 15] (e) employment as a member of the Garda Síochána, and [1974 (No. 3), s. 4] (f) employment specified in paragraph 12 of

Part I

of the First Schedule .

(4)For the purposes of this section, paragraph 2 of

Part II

of the First Schedule 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.

(5)For the purposes of this section, paragraphs 6, 8 and 9 of

Part II

of the First Schedule shall be taken as not including employment under any contract of service or apprenticeship.

(6)For the purposes of this section, a pilot to whom the Pilotage Act, 1913 , applies shall, when employed on any ship as defined in subsection (2) (b), be deemed to be a member of the crew of that ship.
(7)The Minister may, in relation to paragraphs 4 and 5 of

Part II

of the First Schedule , 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.

(8)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 II

of the First Schedule .

(9)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.
(10)The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2) (a) (ii). [1967 MP, s. 16]
(11)A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna, be deemed for the purposes of this Part to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna.

Extension of meaning of references to accidents arising out of and in the course of employment. [1966 OI, s. 4] 39.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment.

(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 if— (a) the accident arises in the course of the employment, (b) the accident— (i) either is caused by another person's misconduct, skylarking or negligence, or by steps taken in consequence of any such misconduct, skylarking or negligence 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 induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.
(3)An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if— (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 as aforesaid or without instructions from his 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.
(4)An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed for the purposes of this Part to arise out of and in the course of his employment, if— (a) the accident would have been deemed for those purposes so to have arisen had he been under such an obligation, and (b) at the time of the accident, the vehicle— (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and (ii) is not being operated in the ordinary course of a public transport service.

In this subsection references to a vehicle include references to a ship, vessel or aircraft.

(5)An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he 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.
(6)An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be 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 employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.

Accidents in illegal employment, etc. [1966 OI, s. 5] 40.—(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 54 , 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 noncompliance 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, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received.

(2)In subsection (1) “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due.

Accidents outside the State. [1966 OI, s. 6] 41.—Except where regulations otherwise provide, occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside the State.

Benefits Injury benefit. [1966 OI, s. 8] 42.—(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his 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, he is incapable of work during the injury benefit period:

Provided that, subject to section 48

(1)(b), an insured person shall not be entitled to injury benefit in respect of the first 3 such days unless, as the result of the injury, he is incapable of work during the said period on not less than 12 days. [1974 (No. 2), s. 10]
(2)Subject to section 125 , payment of injury benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(3)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.
(4)Subject to this Part, injury benefit shall be an allowance payable at the weekly rates set out in column (2) of

Part I

of the Second Schedule .

(5)The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate.
(6)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.

Disablement benefit. [1966 OI, s. 9] 43.—(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he 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 the following provisions of this section amounts to not less than one per cent.; and, for the purposes of those provisions, there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to one per cent.

(2)Disablement benefit shall not be available to an insured person until after the third 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 is incapable of work as a result of the relevant accident:

Provided that, if he 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 may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.

(3)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 hereafter 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 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 the provisions of any regulations made under subsection (4), it shall not be so treated in so far as the claimant either— (i) would in any case have been subject thereto 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 thereto 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 such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly.
(4)Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in subsection (3) (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.
(5)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: provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period— (a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the said possibility, and (b) 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.
(6)An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:

Provided that— (a) the said percentage and period 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 (b) a percentage between 20 and 100 which is not a multiple of 10 shall be treated— (i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and (ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.

(7)(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 the said period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in

Part II

of the Second Schedule , (ii) payable, if and in such cases as regulations so provide, by instalments. (b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons, except that a lower amount may be fixed thereby for cases where, at the beginning of the period taken into account by the assessment, the beneficiary is under the age of 18 years, and may be made to depend on the date on which the beneficiary will attain that age, or the beneficiary, being over the age of 18 years, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband:

Provided that— (i) such lower amount shall not in any case be less than two-thirds of the amount to which the beneficiary would otherwise be entitled, and (ii) in the case of either class of beneficiary mentioned in this paragraph, the higher rate shall be payable if the beneficiary would, if he or she were in receipt of injury benefit rather than disablement gratuity, be entitled to an increase of that benefit for a qualified child or children or for an adult dependant.

(8)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

Part III

of the Second Schedule appropriate to the degree of disablement:

Provided that— (a) where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date, and (b) where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, the weekly rate for any degree of disablement shall be the rate set out in column (3) of

Part III

of the Second Schedule appropriate to the degree of disablement unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant.

(9)(a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) 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, the following provisions shall have effect if 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) 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 subject to the proviso that, 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 shall apply in relation to the scale prescribed for the purposes of this subsection— (i) the scale shall be the same for all persons, except that a lower amount may be fixed thereby for cases where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant, (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

Part III

of the Second Schedule ) 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.

(10)Notwithstanding section 298
(1), an appeal shall not lie against a provisional assessment of the extent of disablement before the expiration of two years from the date of the first assessment of the extent of disablement in the case, nor where the period taken into account by the assessment falls wholly within those two years.

Increase of injury benefit and disablement pension for adult and child dependants. [1966 OI, ss. 10, 11; 1980, s. 23] 44.—(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of

Part I

of the Second Schedule for any period during which the beneficiary has an adult dependant, 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.

(2)The weekly rate of injury benefit shall be increased by the amount set out in column (4) of

Part I

of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(3)Subsections (1) and (2) shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as they apply to injury benefit.

Increase of disablement pension on account of unemployability. [1966 OI, s. 12] 45.—(1) The weekly rate of disablement pension shall be increased by the amount set out in

Part IV

of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable. [1973, s. 19]

(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 him being capable of work, if it is likely to restrict him to earning not more than £234 in a year. (b) In paragraph (a) the reference to earning includes a reference to receiving any remuneration or profit derived from gainful occupation.
(3)An increase of pension under this section (in this Chapter referred to as an unemployability supplement) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.

Increase of disablement pension where constant attendance is needed. [1966 OI, s. 13] 46.—(1) Where a disablement pension is payable in respect of an assessment of 100 per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed the amount specified in

Part IV

of the Second Schedule .

(2)An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time: provided that no such 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.

Increase of disablement benefit during approved hospital treatment. [1966 OI, s. 14] 47.—Where a person is awarded disablement benefit but the extent of his disablement is assessed for the period taken into account by the assessment at less than 100 per cent., it shall be treated as assessed at 100 per cent. for any part of that period during which he receives approved hospital treatment (whether before or after the making of the assessment or the award of the benefit):

Provided that, where the extent of the disablement is so assessed at less than 20 per cent., this section shall not affect the operation of the provisions relating to disablement gratuities, but, in the case of a disablement pension payable by virtue of this section to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase provided for by this Chapter) shall be reduced by the amount prescribed as being the weekly value of his gratuity.

Adjustments for successive accidents. [1966 OI, s. 15].

48.—(1) Where a person suffers two or more successive accidents against which he is insured by occupational injuries insurance— (a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in subsection (2)) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of two or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 43

(8), (b) the provision of this Chapter excluding the right to injury benefit for the first 3 days of incapacity resulting from the relevant accident unless there are 12 such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than 13 weeks as a result of each of which the person is incapable of work on some day during the injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said 12 days in the case of each of those accidents, any days which may be so taken into account in the case of any other of them, (c) regulations may provide for adjusting— (i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to, a disablement gratuity, (ii) any increase of benefit such as is mentioned in subsection (2), or the conditions for the receipt thereof.
(2)The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 44 , 45 and 46 .

Title to death benefit. [1966 OI, s. 16] 49.—Subject to this Part, where an insured person dies as a result of personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in sections 50 to 53 .

Death benefit for widows and widowers and increases for qualified children. [1966 OI, s. 17; 1977, s. 20] 50.—(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.

(2)In the case of a widow, death benefit shall be a pension at the weekly rate set out in column (2) of

Part I

of the Second Schedule , and if she has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.

(3)A pension under subsection (2) shall not be payable for any period after the remarriage of the widow.
(4)A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife. [1966 OI, s. 18]
(5)The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained.
(6)In the case of a widower who 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, death benefit shall be a pension at the weekly rate set out in column (2) of

Part I

of the Second Schedule , and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column(7) of that Part.

(7)In the case of any other widower, death benefit shall be a gratuity of the amount set out in

Part II

of the Second Schedule .

(8)A pension under subsection (6) shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity. [1966 OI, s. 19]
(9)The weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (4) or (5) of

Part I

of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who— (a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or (b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or (c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased. [1969 MP, s. 13 (2)]

(10)For the purpose of subsection (9), a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Death benefit—parents. [1966 OI, s. 20]

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.