51.—(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained. [1977, s. 20]
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(2)The death benefit shall be a pension at the weekly rate set out in column (2) of
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Part I
\n
of the Second Schedule , and in the case of a person who has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part.
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(3)Where a person to whom a pension at the weekly rate set out at reference 4 (c) (i) in
\n
Part I
\n
of the Second Schedule is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity the pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iv) in that Part and, if at that time a pension at the weekly rate set out at reference 4 (c) (iv) in that Part is payable to his wife, that pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iii) in that Part.
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(4)Where a parent was partly maintained by each of two or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section as having received from the last of those insured persons to die contributions to the maintenance of the parent equal to the aggregate amount which those insured persons were together contributing before the first of the accidents happened, and as having received nothing from the other or others.
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(5)A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage.
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(6)A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man land wife.
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(7)(a) For the purposes of subsections (1) and (4) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1976, shall be taken as referring to the adopters or the adopter, and includes a step-parent, and “father” and “mother” at reference 4 (c) of
\n
Part I
\n
of the Second Schedule shall be construed accordingly. (b) Subject to paragraph (a), in this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased.
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Death benefit—orphans. [1966 OI, s. 21] 52.—(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan who was wholly or mainly maintained by the deceased at the date of his death.
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(2)In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of
\n
Part I
\n
of the Second Schedule .
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(3)
\n
Section 99
\n
shall apply to a pension under this section as it applies to an orphan's (contributory) allowance. [1969 MP, s. 13 (2)]
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(4)In deciding whether a pension under this section is payable, 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.
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Death benefit—funeral expenses. [196 OI, s. 22] 53.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased.
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(2)Subject to subsection (3), the grant shall be the amount set out in
\n
Part II
\n
of the Second Schedule .
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(3)In any such case as may be specified by regulations, the grant shall be such lesser amount as may be specified by the regulations for that case.
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(4)Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State.
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Insurance against prescribed diseases and injuries not caused by accident. [1966 OI, s. 23] 54.—(1) Subject to this section, a person who is insured under this Part against personal injury caused by accident arising out of and in the course of his employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after 1st May, 1967.
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(2)A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, if the Minister is satisfied that— (a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and (b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
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(3)Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before 1st May, 1967, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when he developed the disease or injury.
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(4)Provision may be made by regulations for determining the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and the circumstances in which any such disease or injury is, where the person in question has previously suffered therefrom, to be treated as having recrudesced or as having been contracted or received afresh.
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(5)The benefit payable pursuant to this section in respect of a prescribed disease or injury, and the conditions for the receipt of such benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations as respects any matter which is to be prescribed and to the following provisions of this section.
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(6)Regulations may provide, in relation to prescribed diseases and injuries, for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection therewith or with an award of benefit on any such claim.
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(7)Without prejudice to the generality of subsection (6), the said regulations may in particular include provision— (a) for presuming any prescribed disease or injury— (i) to be due, unless the contrary is proved, to the nature of a person's employment where he was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury, (ii) not to be due to the nature of a person's employment unless he was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury; and (b) for such matters as appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of the foregoing provisions of this section.
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(8)Nothing in this section shall affect the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Chapter except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in that employment.
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Supplements to workmen's compensation payments. [1966 OI, s. 24] 55.—(1) Regulations shall provide for conferring on persons who-— (a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable, the like right to payments under this Chapter by way of unemployability supplement and the like right to payments under this Chapter in respect of a child or adult dependant as if the injury or disease were one in respect of which a disablement pension were for the time being payable.
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(2)Regulations shall also provide for conferring on persons who— (a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and (b) as the result of that injury or disease require constant attendance, the like right to payments under this Chapter in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.
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(3)Such regulations may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a child or adult dependant, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications.
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(4)All payments under this section shall be paid out of the Occupational Injuries Fund.
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Limitation of benefits by pre-accident earnings. [1966 OI, s. 25; 1970, s. 20] 56.—(1) The weekly rate of injury benefit, including any increase thereof, or of disablement pension, including any increase thereof, shall not exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident.
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(2)Where, in respect of the whole or part of any week for which a beneficiary is entitled to payment of a disablement pension, any one of the following is also payable to him— (a) disability benefit, (b) unemployment benefit, (c) unemployment assistance, (d) retirement pension, (e) invalidity pension, and the aggregate of the two payments would otherwise exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident, the weekly rate of the disablement pension, including any increase thereof, shall be reduced in respect of that week by the amount of the excess.
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(3)Subsections (1) and (2) shall be subject to the proviso that in no case shall the rate payable, including any increase thereof, be reduced below the amount set out in
\n
Part V
\n
of the Second Schedule .
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(4)For the purposes of subsections (1) to (3), the weekly earnings of a person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of his remuneration at that time for a full normal working week in the employment in which the accident occurred, overtime being disregarded for this purpose, or, if he was not employed full-time in that employment at the time of the relevant accident, the rate of remuneration which would be provided by his employer for a full normal working week in that employment, overtime being disregarded:
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Provided that— (a) where a person was being remunerated otherwise than at a weekly rate, the weekly earnings of such person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of remuneration which he would earn for a full normal working week in that employment, overtime being disregarded, (b) where by reason of the casual nature of the employment or the terms of the employment, it is impracticable to compute the rate of remuneration which would be provided by the employer for a full normal working week at the time of the relevant accident, regard may be had to the weekly amount which was being earned at that time by a person employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district, and (c) for the purposes of subsection (1) in the case of disablement pension and for the purposes of subsection (2), the weekly remuneration, overtime being disregarded, provided during any period after the relevant accident in an employment in which a person was employed at the time of the relevant accident may be substituted in relation to that period for his actual weekly earnings at the time of the relevant accident if this would be more beneficial to him; and account shall be taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration.
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(5)Where— (a) a person is, by virtue of regulations under section 55 , entitled to weekly payments under this Chapter, and (b) the amount of any such payment or payments for any week together with the weekly payment of compensation to which he is entitled under the Workmen's Compensation Acts (or where he has ceased to be entitled to weekly payments of compensation under those Acts, the last such weekly payment) is in excess of the weekly earnings, overtime being disregarded, for the time being provided in the employment in which the relevant accident happened or due to the nature of which the relevant disease was contracted, account being taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration, the amount of the weekly payment or payments under this Chapter for that week shall be reduced by the excess.
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In this subsection “relevant accident” means the accident in respect of which the weekly payment of compensation became payable and “relevant disease” means the disease in respect of which that payment became payable. [1966 OI, s. 25 (6)]
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(6)For the purposes of this section, where the amount of weekly earnings is not exactly divisible by 5 the earnings shall be taken to be the next higher amount which is exactly divisible by 5.
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Cost of medical care. [1966 OI, s. 26] 57.—(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, shall be payable out of the Occupational Injuries Fund to the extent that such cost is not met under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or regulations made under section 110 .
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(2)Where an insured person is eligible to avail himself of services provided under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or treatment benefit under regulations made under section 110 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he availed himself of such services or benefit.
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(3)Where an insured person receives medical care during any period in which he is an in-patient in a hospital or similar institution, the amount payable under this section in respect of such care shall not exceed— [ S.I. No. 106 of 1971 ] (a) the maximum amount which would be chargeable under section 53 of the Health Act, 1970 , to an insured person to whom the institutional services provided under that section are made available for that period, or (b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act, 1945 , (inserted by section 71 of the Health Act, 1953 ) to an insured person to whom mental hospital assistance is made available for that period, as may be appropriate. [ S.I No. 106 of 1971 ]
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(4)The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be such sum as is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for such care and the customary charge therefor.
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(5)Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, he or such other person as may be prescribed shall, within such period as may be prescribed, give notice in writing to the Minister of the care required by him, and shall furnish such particulars as may be required of such care, and no payment under this section shall be made unless the notice is given and, where any particulars are required as aforesaid, those particulars are furnished.
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(6)Where notice is given under subsection (5), the insured person may be required to submit himself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his case, and no payment shall be made under this section if he fails to comply with the requirement. [1970 HA, s. 6]
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(7)Payments under this section shall be made to such persons as the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to a health board, payment may be made to that board.
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(8)Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications.
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(9)For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations— (a) general practitioner and specialist care, including domiciliary visiting, (b) nursing care at home except where the cost is met by an increase under section 46 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions, (c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary, (d) dental and optical treatment and appliances, (e) the care furnished, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and [ S.I. No. 234 of 1967 ] (f) conveyance to and from the place where medical care as specified in this subsection is provided.
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Occupational Accidents Notice of accidents. [1966 OI, s. 27] 58.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 57 may be payable to be given within the prescribed time by the insured person or, where within that time his death results from the accident, by such other person as may be prescribed, to the insured person's employer or another prescribed person.
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(2)In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 57 for such period as may be determined in accordance with the regulations.
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Reporting of accidents by employers. [1966 OI, s. 28] 59.—Regulations may provide for requiring employers— (a) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, (b) to furnish to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and (c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.
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Declaration that accident is an occupational accident. [1966 OI, s. 29] 60.—(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.
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(2)Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.
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(3)Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.
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(4)Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.
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(5)For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if— (a) it arises out of and in the course of his employment, (b) that employment is insurable (occupational injuries) employment, and (c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State, and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.
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Miscellaneous Disqualifications for injury benefit or disablement benefit and suspensions of proceedings. [1966 OI, s. 31] 61.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 6 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, if the person fails without good cause— (a) to submit himself from time to time to medical examination for the purpose of determining the effect of the relevant accident, whether the accident has resulted in a loss of faculty, at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or the treatment appropriate to the relevant injury or loss of faculty, (b) to submit himself from time to time to appropriate medical treatment for the relevant injury or loss of faculty, (c) to attend at such places and times as may be required for the purposes of the said medical examination or treatment, or (d) to observe any prescribed rules of behaviour.
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(2)Regulations under this section shall provide for payment to any person attending for medical examination or treatment as aforesaid of such amount as may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.
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Treating person as incapable of work, etc. [1966 OI, s. 32] 62.—Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision— (a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and (b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.
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Medical treatment and approved hospital treatment. [1966 OI, s. 33] 63.—(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to a person receiving or submitting himself to medical treatment shall be construed accordingly.
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(2)References in this Chapter to a person receiving approved hospital treatment shall be construed, in relation to any occupational injuries benefit payable to him, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty.
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(3)Regulations may provide that where a person receives medical treatment as an in-patient for two or more distinct periods separated by an interval or intervals of less than a specified duration, he shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last.
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Rehabilitation. [1966 OI, s. 34;
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S.I. No. 106 of 1971 ] 64.—(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act, 1970 ) for persons entitled to disablement benefit, such contributions as he may, with the consent of the Minister for Finance, determine.
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(2)The amounts required for any contributions under this section shall be paid out of the Occupational Injuries Fund.
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Employment contributions. [1966 OI, s. 36; 1978 AM, s. 16] 65.—(1) Every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly.
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(2)(a) In relation to an employed contributor who, but for subsection (1), would not be an employed contributor— (i) in case he is under the age of 16 years, no employment contributions shall be payable, (ii) in any other case (including a case in which he is over pensionable age) where in any contribution year a payment is made to or for the benefit of the contributor in respect of reckonable earnings of that contributor, the employment contribution shall consist of an employer's contribution only at the rate of 0.45 per cent. of the amount of the contributor's reckonable earnings to which such payment relates. (b) In relation to an employed contributor who is an employed contributor by virtue of both section 5 and subsection (1) of this section, the employment contribution mentioned in section 10
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(1)(b) (ii) shall be increased by an amount calculated at the rate of 0.45 per cent of the amount of the reckonable earnings by reference to which the employment contribution mentioned in section 10
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(1)(b) (ii) is determined.
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(3)The provisions of sections 10
\n
(1)(c) and 10
\n
(1)(d) shall apply in like manner to contributions under subsection (2) of this section as they apply to contributions by employers under section 10
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(1)(b). [1970, s. 20; 1973, s. 19]
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(4)An employment contribution payable by virtue of subsection (2) (a) (ii) shall not be reckoned for the purposes of qualifying or requalifying any person for any of the benefits referred to in section 17 .
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(5)The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.
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Research. [1966 OI, s. 35] 66.—(1) The Minister may promote research into the causes, incidence and methods of prevention of— (a) accidents and injuries against which occupational injuries insurance is provided, or (b) diseases against which such insurance is provided or which it is contemplated may be prescribed for the purposes of section 54 , either by himself employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research.
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(2)The Minister may pay to persons so employed such salaries or other remuneration, and such travelling or other allowances, as he may, with the consent of the Minister for Finance, determine.
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(3)The amounts required for any payments under this section shall be paid out of the Occupational Injuries Fund.
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Occupational Injuries Fund. [1966 OI, s. 37] 67.—(1) The Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 , shall continue in being and to comprise a current account, to be managed and controlled by the Minister, and an investment account, to be managed and controlled by the Minister for Finance.
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(2)(a) Notwithstanding any provision to the contrary, occupational injuries benefits, together with any other payments which under this Chapter are payable out of the Occupational Injuries Fund, shall be paid out of the current account of that Fund, and, for the purpose of providing the moneys for meeting the expenditure on such benefits and other payments, employment contributions paid into the Social Insurance Fund consequent upon section 65
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(2)(a) and increases of employment contributions so paid consequent upon section 65
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(2)(b) shall be paid out of that Fund to the current account of the Occupational Injuries Fund. (b) The following sums paid out of the Social Insurance Fund shall be repaid to that Fund out of the Occupational Injuries Fund— [1970, s. 20] (i) sums paid by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 54 , to a person who is entitled to disablement benefit in respect of such accident, disease or injury, [1970, s. 20] (ii) sums paid, in respect of any period by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an injury or disease, being sums paid to a person who is or has been on or after 1st October, 1965, entitled to weekly payments of compensation under the Workmen's Compensation Acts in respect of such injury or disease.
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(3)Moneys standing to the credit of the current account of the Occupational Injuries Fund and not required to meet current expenditure shall be transferred to the investment account of that Fund.
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(4)Whenever the moneys in the current account of the Occupational Injuries Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of that Fund such sums as may be necessary for the purpose of discharging those liabilities.
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(5)Subject to subsection (4), moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.
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(6)An investment pursuant to subsection (5) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.
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(7)Accounts of the Occupational Injuries Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.
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(8)There shall be recoverable from the Occupational Injuries Fund at such times and in such manner as may be directed by the Minister for Finance— (a) expenses of the Minister (determined on such basis as he considers proper) pursuant to this Chapter, and (b) expenses of any other Minister (determined on such basis as may be agreed upon between him and the Minister) relating to this Chapter.
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(9)Moneys received pursuant to subsection (8) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
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(10)In estimating expenses for the purposes of subsection (8), 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 Chapter.
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(11)(a) The Minister shall cause actuarial reviews to be made into the financial condition of the Occupational Injuries Fund, having regard, in particular, to the adequacy or otherwise of the contributions to support the benefits and other payments, and shall cause a copy of every report of the actuary under this subsection to be laid before each House of the Oireachtas. [ S.I. No. 215 of 1974 ] (b) A review under this subsection shall be made in respect of the five-year period ending with 31st December, 1983, and thereafter in respect of the period ending with 31st December in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.
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Taking of benefit into account in assessing damages. [1966 OI, s. 39; 1974 (No. 2), s. 21] 68.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 306 of this Act, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 42
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(2), after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.
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(2)The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.
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(3)Notwithstanding section 50 of the Civil Liability Act, 1961 , in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person's death.
\n
Saver for repeal of Workmen's Compensation Acts, 1934 to 1955. [1966 OI, s. 40] 69.—The Workmen's Compensation Acts, 1934 to 1955, as amended by
\n
Part V
\n
of the Civil Liability Act, 1961 , shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act, 1966 , had not been passed, being cases where a right to compensation arose in respect of employment before 1st May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 54 , the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.
\n
Construction of certain references in Local Government (Superannuation) Act, 1956. [1966 OI, s. 42] 70.—The references to the Social Welfare (Occupational Injuries) Act, 1966 , in— (a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act, 1956 , as amended by section 42 of the first-mentioned Act, and (b) section 43 of the said Local Government (Superannuation) Act, 1956 , as so amended, shall be construed as references to this Chapter.
\n
CHAPTER 6
\n
Pay-Related Benefit Interpretation. [1973 PRB, s. 1; 1978 AM, s. 18 (2)] 71.—In this Chapter— “reckonable earnings” means, subject to regulations under this Chapter, earnings derived from insurable employment in respect of which employment contributions are payable in accordance with section 10
\n
(1); “reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week; “relevant income tax year” means, in relation to pay-related benefit payable in respect of any particular day, such year of assessment within the meaning of the Income Tax Acts as may be prescribed in relation to such benefit.
\n
Title to benefit. [1973 PRB, s. 3; 1974 (No. 2), s. 24] 72.—(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which— (a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under
\n
Chapter 5
\n
in respect of that day, or (b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit, and which is not earlier than the 13th day of incapacity for work or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment.
\n
(2)Any day in respect of which a person is entitled to maternity allowance shall be treated, for the purposes of this section, as a day of incapacity for work.
\n
Rate of benefit. [1976, s. 12] 73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to— (a) for any part of that period up to the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent., (b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent., (c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 per cent., and (d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent., of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £14 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.
\n
Duration of payment. [1976, s. 12] 74.—(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the 393rd day of incapacity for work in that period or in respect of any day of unemployment after the 393rd day of unemployment in that period. [1980, s. 17]
\n
(2)In calculating for the purposes of this Chapter whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of— (a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 18
\n
(2)applies, (b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 29
\n
(2)applies.
\n
Transitional provisions. [1975 PRB, s. 4;
\n
S.I. No. 114 of 1975 ] 75.—(1) (a) Notwithstanding section 74
\n
(1)but subject to section 72
\n
(1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 316th day of incapacity for work in that period of interruption of employment. (b) Notwithstanding section 74
\n
(1)but subject to section 72
\n
(1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 316th day of unemployment in that period of interruption of employment. [1976, s. 12]
\n
(2)(a) Notwithstanding section 74
\n
(1)but subject to section 72
\n
(1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date, received pay-related benefit and had not less than 315 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 394th day of incapacity for work in that period of interruption of employment. (b) Notwithstanding section 74
\n
(1)but subject to section 72
\n
(1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date received pay-related benefit and had not less than 315 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 394th day of unemployment in that period of interruption of employment.
\n
Regulations. [1973 PRB, s. 8] 76.—(1) The Minister may by regulations provide for— (a) the calculation or estimation of the amount of the reckonable earnings and the amount of the reckonable weekly earnings of a person or class of persons for the purposes of this Chapter, in such manner, by reference to such matters and on such basis as may be specified; [1973 PRB, s. 9; 1978 AM, s. 18 (3)] (b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid fractions of a penny in the amounts; [1973 PRB, s. 10] (c) the application of this Chapter to persons employed in such class or classes of employment as may be specified in the regulations and may by such regulations make such modifications in the provisions of this Chapter as may appear to him to be necessary for that purpose; (d) the exclusion from the application of this Chapter of persons employed in employment of such class or classes as may be specified in the regulations; [1973 PRB, s. 11] (e) the modification of any of the conditions for receipt of pay-related benefit in the case of any claim to such benefit arising during the period which began on 8th April, 1974, and ending on such date as may be specified in the regulations; [1973 PRB, s. 13] (f) requiring employers, for the purposes of pay-related contributions and pay-related benefit, to keep such records as may be specified in the regulations of the earnings of persons employed by them and to retain the records for such periods as may be prescribed and any records so specified shall be deemed to be documents for the purposes of section 114 . [1973 PRB, s. 10]
\n
(2)A class of employment may be specified in regulations under subsection (1) (c) or (d) in such manner and by reference to such matters as the Minister thinks appropriate.
\n
(3)Where regulations modifying the provisions of this Chapter are proposed to be made under subsection (1) (c) or (d), 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.
\n
Information in relation to reckonable earnings. [1973 PRB, s. 12; 1978 AM, s. 18 (3)] 77.—The Revenue Commissioners may give to the Minister such information in relation to reckonable earnings as may be necessary for the purpose of pay-related benefit.
\n
CHAPTER 7
\n
Old Age (Contributory) Pension Title to pension. [1952, s. 25A; 1960 AM, s. 7] 78.—(1) Subject to this Act, a person shall be entitled to an old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 79 . [1974 (No. 2), s. 10]
\n
(2)Subject to section 125 , payment of old age (contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant. [1978 AM, s. 13 (2)]
\n
(3)For the purposes of this Chapter “yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the date of his attaining pensionable age.
\n
Conditions for receipt. [1952, Sch. 4; 1960 AM, s. 16; 1978 AM, ss. 13, 14] 79.—(1) The contribution conditions for an old age (contributory) pension are— (a) subject to subsection (2), that the claimant has entered into insurance before attaining the age of 56 years, (b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and (c) that the claimant has a yearly average of not less than 48. [1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]
\n
(2)(a) In the case of a person who attained the age of 57 years before 1st July, 1974, subsection (1) (a) shall be construed as if “60” were substituted for “56”. (b) In the case of a person who attained the age of 57 years on or after 1st July, 1974, subsection 1 (a) shall be construed as if “58” were substituted for “56”. (c) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (a) shall be construed as if “57” were substituted for “56” and paragraph (b) of this subsection shall not apply on his attaining the age of 57 years. (d) In the case of a person who attained the age of 55 years on or after 1st October, 1977, paragraph (c) shall not apply on his attaining the age of 56 years and paragraph (b) shall not apply on his attaining the age of 57 years. [1974 (No. 2), s. 11]
\n
(3)(a) A person who attained the age of 69 years on or after 1st July, 1974, but before 5th January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if that would be to his advantage. (b) A person who attained the age of 69 years before 1st July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions. [1975, s. 10]
\n
(4)(a) A person who attained the age of 68 years on or after 1st April, 1975, but before 3rd January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if that would be to his advantage. (b) A person who attained the age of 68 years before 1st April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions. [1977, s. 13]
\n
(5)(a) A person who attained the age of 67 years on or after 1st October, 1977, but before 1st January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if that would be to his advantage. (b) A person who attained the age of 67 years before 1st October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions. [1952, s. 14]
\n
(6)Regulations may provide for modifications of the meaning of yearly average contained in section 78
\n
(3)or of the contribution conditions set out in this section 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. 28A; 1960 AM, s. 10]
\n
(7)Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied. [1960 AM, s. 10; 1964 MP, s. 9]
\n
(8)Regulations for the purposes of subsection (7) shall provide that old age (contributory) pension 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) (c) is satisfied, but any increase of benefit payable under section 81
\n
(1)or section 81
\n
(2)shall be the same as if that condition had been fully satisfied. [1952, s. 66A; 1960 AM, s. 13]
\n
(9)Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts, 1911 to 1952 (other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 )), shall be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.
\n
(10)Regulations under subsection (9) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts, 1911 to 1952, or who were absent from the State before 3rd October, 1960, of any of the contribution conditions for old age (contributory) pension. [1967 MP, s. 11]
\n
(11)Where a person becomes an employed contributor by virtue of section 65
\n
(1)and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5 .
\n
Rates of pension. [1952, s. 14] 80.—Subject to this Part, the weekly rates of old age (contributory) pension shall be as set out in column (2) of
\n
Part I
\n
of the Second Schedule .
\n
Increases (including increases for adult and child dependants). [1952, s. 26; 1960 AM, s. 8] 81.—(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of
\n
Part I
\n
of the Second Schedule for any period during which— (a) the beneficiary is living with or wholly or mainly maintaining his wife, or (b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension. [1952, s. 27; 1960 AM, s. 9; 1964 MP, s. 8; 1976, s. 18]
\n
(2)The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (4) of
\n
Part I
\n
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. [1952, s. 26; 1974 (No. 2), s. 19]
\n
(3)The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (6) of
\n
Part I
\n
of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled. [1977, s. 14 (2)]
\n
(4)The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the Second Schedule where the person entitled to the pension is living alone. [1969 MP, s.9]
\n
(5)In determining the weekly rate of old age (contributory) pension payable to a widow, 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.
\n
Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments. [1960 AM, s. 18] 82.—(a) Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, and (b) any such scheme or arrangement other than a scheme or arrangement for the provision of compensation for redundancy may be wound-up, in connection with the provision under this Chapter of a scheme of old age (contributory) pensions either— (i) by agreement between the different parties concerned in the scheme or arrangement, or (ii) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme or arrangement, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or arrangement or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry, Commerce and Tourism.
\n
CHAPTER 8
\n
Retirement Pension Title to pension. [1952, s. 25D; 1970, s. 7] 83.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 84 . [1974 (No. 2), s. 10]
\n
(2)Subject to section 125 , payment of retirement pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
\n
(3)The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations. [1978 AM, s. 13]
\n
(4)For the purposes of this Chapter— “yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either— (i) on 5th January, 1953, in case the claimant is a man or on 6th July, 1953, in case the claimant is a woman, or (ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after 5th January, 1953, in the case of a man or 6th July, 1953, in the case of a woman), (whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of 65 years.
\n
Conditions for receipt. [1952, Sch. 4; 1970, Sch.] 84.—(1) The contribution conditions for retirement pension are— (a) that the claimant has entered into insurance before attaining the age of 55 years, (b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and (c) that the claimant has a yearly average of not less than 48. [1952, s. 14]
\n
(2)Regulations may provide for modifications of the meaning of yearly average contained in section 83
\n
(4)or of the contribution conditions set out in this section 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. 66B; 1970, s. 16]
\n
(3)Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension. [1952, s.28B; 1970, s. 10]
\n
(4)Subject to subsection (5), regulations may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.
\n
(5)Regulations under subsection (4) shall provide that retirement pension 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) (c) is satisfied but any increase of that pension payable under section 86
\n
(1)or section 86
\n
(2)shall be the same as if that condition had been fully satisfied.
\n
Rates of pension. [1952, s. 14] 85.—Subject to this Part, the weekly rates of retirement pension shall be as set out in column (2) of
\n
Part I
\n
of the Second Schedule .
\n
Increases (including increases for adult and child dependants). [1952, s. 26; 1970, s. 8] 86.—(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of
\n
Part I
\n
of the Second Schedule for any period during which— (a) the beneficiary is living with or wholly or mainly maintaining his wife, or (b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity. [1952, s. 27; 1970, s. 9; 1976, s. 18]
\n
(2)The weekly rate of retirement pension shall be increased by the amount set out in column (4) of
\n
Part I
\n
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. [1974 (No. 2), s. 19]
\n
(3)The weekly rate, in the case of a person who has attained pensionable age, of retirement pension shall be increased by the amount set out in column (6) of
\n
Part I
\n
of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled. [1977, s. 14 (2)]
\n
(4)The weekly rate of retirement pension shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.
\n
CHAPTER 9
\n
Survivor's Benefit Title to-benefit. [1952, s. 26; 1963 MP, s. 11; 1976, s. 17] 87.—(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 81
\n
(1)or 86
\n
(1)in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow.
\n
(2)Benefit under this section shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity.
\n
(3)A man shall be disqualified for receiving benefit under this section if and so long as he and any other person are cohabiting as man and wife.
\n
(4)Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period— (i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension, (ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section.
\n
CHAPTER 10
\n
Invalidity Pension Title to pension. [1952, s. 25C; 1970, s. 6] 88.—(1) Subject to this Act, a person shall be entitled to invalidity pension if— (a) he is permanently incapable of work, and (b) he satisfies the contribution conditions in section 89 . [1974 (No. 2), s. 10]
\n
(2)Subject to section 125 , payment of invalidity pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
\n
(3)The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.
\n
(4)Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.
\n
Conditions for receipt. [1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13] 89.—(1) The contribution conditions for invalidity pension are— (a) that before the relevant date the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and (b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date.
\n
(2)In this section “relevant date” means any date subsequent to the completion of one year of continuous incapacity for work where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work. [1952, s. 14]
\n
(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. 66B; 1970, s. 16]
\n
(4)Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension.
\n
Rates of pension. [1952, s. 14] 90.—Subject to this Part, the weekly rates of invalidity pension shall be as set out in column (2) of
\n
Part I
\n
of the Second Schedule .
\n
Increases (including increases for adult and child dependants). [1952, s. 26; 1970, s. 8; 1980, s. 19] 91.—(1) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of
\n
Part I
\n
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 pension under this subsection in respect of more than one person. [1952, s. 27; 1960 AM, s. 9; 1970, s. 9; 1976, s. 18]
\n
(2)The weekly rate of invalidity pension shall be increased by the amount set out in column (4) of
\n
Part I
\n
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. [1952, s. 26; 1974 (No. 2), s. 19]
\n
(3)The weekly rate, in the case of a person who has attained pensionable age, of invalidity pension shall be increased by the amount set out in column (6) of
\n
Part I
\n
of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled. [1977. s. 14 (2)]
\n
(4)The weekly rate of invalidity pension shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.
\n
CHAPTER 11
\n
Widow's (Contributory) Pension Title to pension. [1952, s. 22; 1960 AM, s. 6; 1974 (No.2), s. 18] 92.—(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81
\n
(1)or section 86
\n
(1)in respect of a period ending on his death.
\n
(2)A widow's (contributory) pension shall not be payable for any period after her remarriage.
\n
(3)A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife. [1979, s. 24]
\n
(4)A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case. [1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]
\n
(5)In this Chapter— “qualified child” means a qualified child as defined in section 2
\n
(1)and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined; “husband”, in relation to a woman who has been married more than once, refers only to her last husband.
\n
(6)For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 93
\n
(1)(b).
\n
Conditions for receipt. [1952, Sch. 4; 1966 MP, s. 12; 1978 AM, s.13] 93.—(1) The contribution conditions for a widow's (contributory) pension are— (a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and (b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance— (i) the yearly average for the 3 contribution years, or(if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or (ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48, but, if those conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded). [1960 AM, s. 16]
\n
(2)In this section— “relevant time” means— (a) the date of the husband's attaining pensionable age or dying under that age, or (b) if the conditions are being satisfied on the widow's insurance record— (i) the date of the husband's death, or (ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age. [1952, s. 14]
\n
(3)Regulations may provide for modifications of the meaning of yearly average contained in section 92
\n
(6)or of the contribution conditions in this section 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. 28A; 1960 AM, s. 10; 1966 MP, s. 6]
\n
(4)Subject to subsection (5), regulations may provide for entitling to widow's (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied. [1966 MP, s. 6]
\n
(5)Regulations for the purposes of subsection (4) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rates 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 payable under section 95
\n
(1)shall be the same as if that condition had been fully satisfied. [1967 MP, s. 11]
\n
(6)Where a person becomes an employed contributor by virtue of section 65
\n
(1)and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5 . [1974 (No. 2), s. 11]
\n
(7)(a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant. (b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st July, 1974, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions. [1975, s. 10]
\n
(8)(a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant. (b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st April, 1975, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions. [1977, s. 13]
\n
(9)(a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant, (b) A widow who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.
\n
Rates of pension. [1952, s. 14] 94.—Subject to this Part, the weekly rates of widow's (contributory) pension shall be as set out in column (2) of
\n
Part I
\n
of the Second Schedule .
\n
Increases (including increases for child dependants). [1976, s. 18] 95.—(1) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (4) or (5) of
\n
Part I
\n
of the Second Schedule in respect of each qualified child who normally resides with the beneficiary. [1952, s. 26; 1974 (No. 2), s. 19]
\n
(2)The weekly rate of widow's (contributory) pension, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of
\n
Part I
\n
of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled. [1977, s. 14 (2)]
\n
(3)The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.
\n
CHAPTER 12
\n
Orphan's (Contributory) Allowance Title to allowance. [1952, s. 23] 96.—Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.
\n
Condition for receipt. [1952, Sch. 4; 1978 AM, s. 13] 97.—(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks— (a) a parent of the orphan, (b) a step-parent of the orphan. [1952, s. 14]
\n
(2)Regulations may provide for modifications of this contribution condition 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. [1969 MP, s. 9; 1970, s. 29]
\n
(3)In deciding whether an orphan's (contributory) allowance is payable, 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.
\n
Rate of allowance. [1952, s. 14] 98.—Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in
\n
Part I
\n
of the Second Schedule . [1952, s. 14] Payment of allowance. [1952, s. 24] 99.—(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.
\n
(2)An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.
\n
CHAPTER 13
\n
Deserted Wife's Benefit Title to benefit. [1952, s. 25E; 1973, s. 17; 1978 AM, s. 13] 100.—(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who— (a) has been deserted by her husband, (b) if she is less than 40 years of age, has at least one qualified child residing with her, (c) satisfies the contribution conditions in section 101 , and (d) satisfies such other conditions as may be prescribed.
\n
(2)The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195
\n
(4)(a).
\n
(3)A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.
\n
(4)For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101
\n
(1)(b).
\n
Conditions for receipt. [1952, Sch.4; 1974 (No.2), s. 20; 1978 AM, s. 13] 101.—(1) The contribution conditions for deserted wife's benefit are— (a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and (b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance— (i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or (ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48, but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).
\n
(2)In this section “relevant time” means— (a) the date on which the husband attained pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or (b) if the conditions are being satisfied on the woman's insurance record— (i) if she attained pensionable age before the date on which she is determined to have been deserted by her husband, the date on which she attained that age, or (ii) the date on which she is determined to have been deserted by her husband. [1952, s. 14]
\n
(3)Regulations may provide for modifications of the meaning of yearly average contained in section 100
\n
(4)or of the contribution conditions in this section 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.28C; 1973, s, 17]
\n
(4)Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
\n
(5)Regulations under subsection (4) shall provide that deserted wife's 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 payable under section 103
\n
(1)shall be the same as if that condition had been fully satisfied. [1974 (No. 2), s. 11]
\n
(6)(a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant. (b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st July, 1974, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions. [1975, s. 10]
\n
(7)(a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant (b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st April, 1975, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions. [1977, s 13]
\n
(8)(a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant. (b) A deserted wife who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.
\n
Rates of benefit. [1952, s. 14] 102.—Subject to this Part, the weekly rates of deserted wife's benefit shall be as set out in column (2) of
\n
Part I
\n
of the Second Schedule .
\n
Increases (including increases for child dependants). [1952, s. 27; 1973, s. 17; 1976, s. 18] 103.—(1) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (4) or (5) of
\n
Part I
\n
of the Second Schedule in respect of each qualified child who normally resides with the beneficiary. [1952, s. 26; 1974 (No. 2), s. 19]
\n
(2)The weekly rate of deserted wife's benefit, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of
\n
Part I
\n
of the Second Schedule for any period during which— (i) the beneficiary is so incapacitated as to require full-time care and attention, (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and (iii) such conditions as may be prescribed are fulfilled. [1977, s. 14 (2)]
\n
(3)The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the Second Schedule where the person entitled to the benefit has attained pensionable age and is living alone.
\n
CHAPTER 14
\n
Maternity Grant Title to grant. [1952, s. 19] 104.—(1) Subject to this Act, a woman who has been confined shall be entitled— (a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and (b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.
\n
(2)For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy. [1952, s. 21]
\n
(3)In this Chapter, for the purpose of determining entitlement to maternity grant— (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.
\n
(4)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 a maternity grant.
\n
Conditions for receipt. [1952, Sch. 4; 1978 AM, s. 13] 105.—(1) The contribution conditions for a maternity grant are— (a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and (b) that the relevant person 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 respect of a subsequent complete contribution year before the relevant time.
\n
(2)In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age. [1952, s. 14]
\n
(3)Regulations may provide for modifications of the contribution conditions in this section 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.
\n
Amount of grant. [1952, s. 14] 106.—Subject to this Part, the amount of a maternity grant shall be as set out in
\n
Part VI
\n
of the Second Schedule .
\n
CHAPTER 15
\n
Death Grant Title to grant. [1952, s. 25 B; 1970, s. 5] 107.—(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of— (a) an insured person, (b) the wife or husband of an insured person, (c) the widow or widower of a deceased insured person, or (d) a qualified child, if the contribution conditions in section 108 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.
\n
(2)For the purposes of this section, in item 2 of
\n
Part VI
\n
of the Second Schedule and section 108
\n
(2)“qualified child” means a person— (a) who is under the age of 18 years at the date of death, (b) who is ordinarily resident in the State on that date, and (c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.
\n
Conditions for receipt. [1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13] 108.—(1) The contribution conditions for a death grant are— (a) that before the relevant date the relevant insured person has qualifying contributions in respect of not less than 26 contribution weeks since his entry into insurance or since 1st October, 1970, (whichever is the later), and (b) that either— (i) the relevant insured person has qualifying contributions, voluntary 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 in which the relevant date occurs, or (ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred or the beginning of the contribution year next following 1st October, 1970, (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than 48. [1974(No, 1), s. 7]
\n
(2)In this Chapter “relevant insured person” means— (a) in case the deceased person was a qualified child— (i) the father or mother of such deceased person, or (ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 2
\n
(6), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or (iii) the spouse of the person referred to in subparagraph (ii), (b) in any other case, the deceased person or the spouse of the deceased person; “relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not; “yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (1) (b)(ii). [1952, s. 14]
\n
(3)Regulations may provide for modifications of the contribution conditions for receipt of a death grant 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. 28B; 1970, s. 10]
\n
(4)Subject to subsection (5), regulations may provide for entitling to a death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
\n
(5)Regulations under subsection (4) shall provide that a death grant payable by virtue thereof shall be of an amount less than that specified in
\n
Part VI
\n
of the Second Schedule , and the amount specified in the regulations may vary with the extent to which the relevant contribution condition set out in subsection (1) (b) is satisfied. [1952, s. 66B; 1970, s. 16]
\n
(6)Regulations may provide for modifications of the contribution conditions for a death grant in the case of a person who was an insured person on 1st October, 1970, and who, during the year subsequent to that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 11
\n
(1)(b) (ii).
\n
Amount of grant. [1952, s. 14] 109.—Subject to this Part, the amount of a death grant shall be as set out in column (2) of
\n
Part VI
\n
of the Second Schedule .
\n
CHAPTER 16
\n
Treatment Benefit General provisions as to benefit. [1952, s. 25; 1964 MP, s.7] 110.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.
\n
(2)The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following— (a) dental treatment, (b) hospital and convalescent home treatment, (c) medical and surgical appliances, (d) optical treatment and appliances, (e) specialist medical and specialist surgical treatment, (f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.
\n
(3)The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.
\n
(4)This section shall remain in force until the day appointed under subsection (5) and shall then expire.
\n
(5)The Minister may by order appoint a day to be the day on which this section expires.
\n
CHAPTER 17
\n
Administration, Legal Proceedings and Finance Administration Decisions. [1952, s. 42; 1961 MP s. 16] 111.—(1) Every question arising— (a) in relation to a claim-for benefit, (b) as to whether a person is or was disqualified for benefit, (c) as to the period of any disqualification for benefit, [1966 OI, s. 36] (d) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment, (e) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment, (f) as to what rate of employment contribution is or was payable by an employer in respect of an employed contributor, (g) as to who is or was the employer of an employed contributor, (h) as to whether a person is or was entitled to become a voluntary contributor, or (i) on any such other matter relating to this Part as may be prescribed, shall be decided by a deciding officer in accordance with
\n
Part VIII
\n
.
\n
(2)A reference in this section to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.
\n
Administration of benefit. [1952, s. 47] 112.—(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.
\n
(2)Regulations made under this section as to the time of payment of benefit may— (a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf, [1960 AM, s. 12; 1966 OI, s. 30; 1970, s. 15; 1973, s. 17] (b) in respect of old age (contributory) pension, retirement pension invalidity pension, widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit or occupational injuries benefit (other than injury benefit) provide, notwithstanding anything in this Part, for adjusting the commencement and termination of benefit, or for changes in the rate of benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week, (c) provide for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.
\n
(3)Regulations may also provide— (a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Part and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary, [1972, s. 9] (b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary— (i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the benefit or pension as is payable by virtue of sections 21 , 32 , 81 , 86 and 91 respectively, (ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 95
\n
(1), (iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 44 , (c) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.
\n
(4)Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.
\n
Interim payments, arrears and repayments. [1952, s. 48] 113.—(1) Regulations may make provision in relation to matters arising— (a) pending the decision under this Part or
\n
Part VIII
\n
(whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit or of any question affecting any person's right to benefit or to receipt thereof or any person's liability for contributions, or (b) out of the effect of any appeal or revision of any decision under this Part or
\n
Part VIII
\n
on any such claim or question.
\n
(2)Without prejudice to the generality of subsection (1), regulations made thereunder may include provision— (a) for the suspension of benefit where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised, [1961, MP, s. 17; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974] (b) for treating any benefit paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit which it is decided was payable to him, or, in a case referred to in section 300
\n
(5)(a) for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or children's allowance) as may be specified, or otherwise.
\n
Inspectors. [1952, s. 49] 114.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be inspectors for the purposes of this Part.
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(2)An inspector shall, for the purposes of the execution of this Part, have power to do all or any of the following things— (a) to enter at all reasonable times any premises or place liable to inspection under this section; (b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are being or have been complied with in any such premises or place; (c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Part on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined; (d) to exercise such other powers as may be necessary for carrying this Part into effect. [1966 OI, s. 36]
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(3)The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person in insurable employment or insurable (occupational injuries) employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person. [1976 (No. 2). s. 3]
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(4)If any person— (a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or (b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or (c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section, he shall be guilty of an offence under this section and shall be liable— (i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or (ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment, but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.
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(5)Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Part shall, if so required, produce the said certificate. [1976 (No. 2), s. 3]
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(6)The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed and any premises or places where an inspector has reasonable grounds for believing that any insurance cards or any other documents relating to persons in employment are kept.
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(7)Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, another Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.
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Legal Proceedings Offences, including offences relating to bodies corporate. [1952, s. 52; 1976 (No. 2), s. 4] 115.—(1) (a) If any person— (i) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp, (ii) affixes any used insurance stamp to any insurance card, or (iii) affixes to any insurance card a forged or counterfeit stamp, he shall be guilty of an offence. (b) If any person, for the purpose of obtaining any benefit or other payment under this Part, whether for himself or some other person, or for any purpose connected with this Part— (i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or (ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, he shall be guilty of an offence. (c) Where a person aids, abets, counsels or procures an employee of his to commit any offence under paragraph (a) or (b) or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence. (d) A person who is guilty of an offence under this subsection shall be liable— (i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or (ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment. (e) In any proceedings under this subsection in respect of used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a contribution. (f) (i) A person convicted of an offence under this subsection in relation to a benefit other than orphan's (contributory) allowance, maternity benefit, death grant or death benefit under section 52 or 53 , shall be disqualified for the receipt of that benefit for a period of 6 months immediately following the date of the conviction. (ii) Subparagraph (i) shall not have effect in relation to an offence (other than an offence relating to unemployment benefit) committed before 12th July, 1976.
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(2)(a) If any employer fails to pay at or within a prescribed time any employment contribution which he is liable under this Part to pay, he shall be guilty of an offence. (b) If any employer deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, the employer shall be guilty of an offence. (c) If any employer makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under this Part to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, the employer shall be guilty of an offence. (d) A person who is guilty of an offence under this subsection shall be liable— (i) on summary conviction to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or (ii) on conviction on indictment, to a fine not exceeding £2,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
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(3)Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court— (a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or (b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £2,000 or of imprisonment for terms not exceeding two years or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued. [1966 OI, s. 37]
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(4)(a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under this Part to pay, he shall be liable to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the amount which he has failed to pay and, on such a conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the three years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order. (b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid employment contributions, and the insured person's portion of those employment contributions shall not be recoverable by the employer from the insured person. [1966 OI, s. 37]
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(5)Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Social Insurance Fund or the Occupational Injuries Fund. [1976 (No. 2), s. 6]
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(6)Where an offence under this Part or under regulations made under this Part is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.
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(7)It shall be a good defence to a prosecution for an offence under subsection (6) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
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(8)Any summons or other document required to be served for the purpose of proceedings under this Part on a body corporate may be served— (a) by leaving it at or sending it by post to the registered office of the body corporate, (b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or (c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.
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General provisions as to prosecutions. [1952, s. 53] 116.—(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.
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(2)A prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister. [1976 (No. 2), ss. 5, 11]
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(3)Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires— (a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or (b) the period of two years commencing on the date on which the offence was committed.
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(4)For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
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(5)In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person.
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(6)Where in a prosecution for an offence under this Part, or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court— (a) that an application has been made by a person (in this section referred to as the defendant) for benefit under this Part, and (b) that as a result of that application benefit under this Part has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant), the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
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Recovery of sums due to the Social Insurance Fund by civil proceedings. [1952, s. 54; 1966 OI, s. 37] 117.—All sums due to the Social Insurance Fund or the Occupational Injuries Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent proceedings jurisdiction.
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Application of Probation of Offenders Act, 1907. [1952, s. 55] 118.—Where— (a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and (b) the court proposes to make an order under section 1 (1) of the Probation of Offenders Act, 1907 , the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.
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Effect of decision. [1952, s. 57; 1966 OI, s. 37] 119.—In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Social Insurance Fund or the Occupational Injuries Fund, a decision on any question relevant to the proceedings given in accordance with this Part or
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Part VIII
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shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and— (a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Part and
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Part VIII
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, and (b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
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Winding-up and bankruptcy. [1976 (No. 2), s. 7] 120.—(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.
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(2)Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution shall not form part of the assets of a limited company in a winding-up under the Companies Act, 1963 , and in such a winding-up a sum equal in amount to the sum so deducted shall, notwithstanding anything in that Act, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of that Act.
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(3)Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution before the date of the order of adjudication or the filing of the petition for arrangement (as the case may be) shall not form part of the property of the bankrupt or arranging debtor so as to be included among the debts which under section 4 of the Act of 1889 are in the distribution of such property to be paid in priority to all other debts, but shall, before such distribution and notwithstanding anything in the Act of 1889, be paid to the Social Insurance Fund in priority to the debts specified in section 4 of the Act of 1889.
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(4)Formal proof of a debt to which priority is given by this section shall not be required except where required by or under the Act of 1889 or the Companies Act, 1963 . [1952, s. 58 (3); 1972, s. 10]