Social Welfare (Consolidation) Act, 1993

Social Welfare (Consolidation) Act, 1993 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1993 Social Welfare (Consolidation) Act, 1993 Social Welfare (Consolidation) Act, 1993 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 27 of 1993 SOCIAL WELFARE (CONSOLIDATION) ACT, 1993 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section.

Section 1

Short title.

Section 2

Definitions.

Section 3

Interpretation generally.

Section 4

General provisions as to regulations.

Section 5

Expenses.

PART II

SOCIAL INSURANCE

CHAPTER 1

The Social Insurance Fund

Section 6

Sources of moneys for benefits.

Section 7

Social Insurance Fund.

Section 8

Payments from Fund for acquisition of land, etc.

CHAPTER 2

Employed Contributors and Employment Contributions

Section 9

Employed contributors and insured persons.

Section 10

Employment contributions.

Section 11

Modified insurance.

Section 12

Calculation of reckonable earnings.

Section 13

Employment by more than one employer.

Section 14

Payment of contributions and keeping of records.

Section 15

Priority debts to Social Insurance Fund in a company winding-up.

Section 16

Winding-up and bankruptcy.

CHAPTER 3

Self-Employed Contributors and Self-Employment Contributions

Section 17

Self-employed contributors and insured persons.

Section 18

Rates of self-employment contributions and related matters.

Section 19

Regulations providing for determination of contributions payable.

Section 20

Regulations for collection of self-employment contributions, etc.

CHAPTER 4

Voluntary Contributors and Voluntary Contributions

Section 21

Voluntary contributors.

Section 22

Voluntary contributions by former employed contributors.

Section 23

Voluntary contributions by former self-employed contributors.

Section 24

Calculation of voluntary contributions.

CHAPTER 5

General

Section 25

Employment outside State.

Section 26

Regulations varying rates and amounts of contributions.

Section 27

Exceptions and credits.

Section 28

Return of contributions paid in error.

Section 29

Return of contributions where entry into insurance occurs after specified age.

CHAPTER 6

Description of Benefits

Section 30

Description of benefits.

CHAPTER 7

Disability Benefit

Section 31

Entitlement to benefit.

Section 32

Conditions for receipt.

Section 33

Rate of benefit.

Section 34

Increases for adult and child dependants.

Section 35

Duration of payment.

Section 36

Disqualifications.

CHAPTER 8

Maternity Benefit

Section 37

Entitlement to and duration of benefit.

Section 38

Conditions for receipt.

Section 39

Rate of benefit.

Section 40

Disqualifications.

Section 41

Supplementary provisions.

CHAPTER 9

Unemployment Benefit

Section 42

Entitlement to benefit.

Section 43

Conditions for receipt.

Section 44

Rate of benefit.

Section 45

Increases for adult and child dependants.

Section 46

Duration of payment.

Section 47

Disqualifications.

CHAPTER 10

Occupational Injuries Benefits Preliminary

Section 48

Interpretation.

Insurable Employment

Section 49

Occupational injuries insurance.

Section 50

Insurable (occupational injuries) employment.

Section 51

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

Section 52

Accidents in illegal employment and accidents outside State.

Benefits

Section 53

Injury benefit.

Section 54

Disablement benefit.

Section 55

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

Section 56

Increase of disablement pension on account of unemployability.

Section 57

Increase of disablement pension where constant attendance is needed.

Section 58

Adjustments for successive accidents.

Section 59

Entitlement to death benefit.

Section 60

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

Section 61

Death benefit—parents.

Section 62

Death benefit—orphans.

Section 63

Death benefit—funeral expenses.

Section 64

Supplements to workmen's compensation payments.

Section 65

Cost of medical care.

Prescribed Diseases

Section 66

Insurance against prescribed diseases and injuries not caused by accident.

Occupational Accidents

Section 67

Notice of accidents.

Section 68

Reporting of accidents by employers.

Section 69

Declaration that accident is an occupational accident.

Miscellaneous

Section 70

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

Section 71

Treating person as incapable of work, etc.

Section 72

Medical treatment.

Section 73

Rehabilitation.

Section 74

Research.

Section 75

Taking of benefit into account in assessing damages.

Section 76

Saver for repeal of Workmen's Compensation Acts.

Section 77

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

CHAPTER 11

Pay-Related Benefit

Section 78

Interpretation.

Section 79

Entitlement to benefit.

Section 80

Rate of benefit.

Section 81

Duration of payment.

Section 82

Regulations.

CHAPTER 12

Old Age (Contributory) Pension

Section 83

Entitlement to pension.

Section 84

Conditions for receipt.

Section 85

Disregard of self-employment contributions in certain cases.

Section 86

Rate of pension.

Section 87

Increases (including increases for adult and child dependants).

CHAPTER 13

Retirement Pension

Section 88

Entitlement to pension.

Section 89

Conditions for receipt.

Section 90

Rate of pension.

Section 91

Increases (including increases for adult and child dependants).

CHAPTER 14

Survivor's Benefit

Section 92

Entitlement to benefit.

Section 93

Rate of benefit.

Section 94

Increases (including increases for child dependants).

CHAPTER 15

Invalidity Pension

Section 95

Entitlement to pension.

Section 96

Conditions for receipt.

Section 97

Contributions paid under National Health Insurance Acts.

Section 98

Rate of pension.

Section 99

Increases (including increases for adult and child dependants).

CHAPTER 16

Widow's (Contributory) Pension

Section 100

Entitlement to pension.

Section 101

Conditions for receipt.

Section 102

Determination of date of entry into insurance for certain self-employed contributors.

Section 103

Disregard of self-employment contributions in certain cases.

Section 104

Rate of pension.

Section 105

Increases (including increases for child dependants).

CHAPTER 17

Orphan's (Contributory) Allowance

Section 106

Entitlement to allowance.

Section 107

Condition for receipt.

Section 108

Rate of allowance.

Section 109

Payment of allowance.

CHAPTER 18

Deserted Wife's Benefit

Section 110

Entitlement to benefit.

Section 111

Conditions for receipt.

Section 112

Rate of benefit.

Section 113

Increases (including increases for child dependants).

CHAPTER 19

Death Grant

Section 114

Entitlement to grant.

Section 115

Conditions for receipt.

Section 116

Amount of grant.

CHAPTER 20

Treatment Benefit

Section 117

General provisions as to benefit.

PART III

SOCIAL ASSISTANCE

CHAPTER 1

Description of Social Assistance

Section 118

Description of assistance.

CHAPTER 2

Unemployment Assistance

Section 119

Interpretation.

Section 120

Entitlement to assistance.

Section 121

Rates of assistance and effect of means on rates.

Section 122

Total amount payable to couple.

Section 123

Certain claims.

Section 124

Amount of increases payable in respect of qualified child in certain cases.

Section 125

Disqualifications.

Section 126

Disqualifications (continued).

CHAPTER 3

Pre-Retirement Allowance

Section 127

Entitlement to allowance.

Section 128

Rate of allowance (including increases for adult and child dependants).

Section 129

Regulations.

Section 130

Integration of single woman's allowance scheme with pre-retirement allowance scheme.

Section 131

Single woman's allowance — transitional provisions.

CHAPTER 4

Old Age (Non-Contributory) Pension

Section 132

Interpretation.

Section 133

Entitlement to pension.

Section 134

Statutory conditions.

Section 135

Special conditions for receipt of pension.

Section 136

Rate of pension and increases for child dependants.

Section 137

Increases (including increase for one of a couple).

Section 138

Amount of increases payable in respect of qualified child normally resident with beneficiary.

Section 139

Disqualifications.

Section 140

Pensions of persons in certain mental institutions.

CHAPTER 5

Blind Pension

Section 141

Entitlement to pension.

CHAPTER 6

Widow's and Orphan's (Non-Contributory) Pensions

Section 142

Interpretation.

Section 143

Entitlement to pension.

Section 144

Rate of pension.

Section 145

Increases.

Section 146

Disqualifications.

Section 147

Provisions against double pensions.

Orphan's Pension

Section 148

Entitlement to pension.

Section 149

Rate of pension.

Section 150

Civil proceedings.

Section 151

Payment of pension.

CHAPTER 7

Deserted Wife's Allowance

Section 152

Entitlement to allowance.

Section 153

Regulations.

Section 154

Disqualification.

CHAPTER 8

Prisoner's Wife's Allowance

Section 155

Entitlement to allowance.

Section 156

Disqualification.

CHAPTER 9

Lone Parent's Allowance

Section 157

Interpretation.

Section 158

Entitlement to allowance.

Section 159

Rate of allowance and increases for child dependants.

Section 160

Disqualification.

Section 161

Prisoners' spouses.

Section 162

Regulations.

CHAPTER 10

Carer's Allowance

Section 163

Interpretation.

Section 164

Entitlement to allowance.

Section 165

Rate of allowance.

Section 166

Payment of allowance.

Section 167

Prescribed relative allowance.

Section 168

Entitlement to prescribed relative allowance.

Section 169

Regulations.

CHAPTER 11

Supplementary Welfare Allowance

Section 170

Interpretation.

Section 171

Entitlement to supplementary welfare allowance.

Section 172

Exclusion of persons receiving full-time education.

Section 173

Exclusion of persons in full-time employment.

Section 174

Persons affected by trade disputes.

Section 175

Administration.

Section 176

Conditions for grant of supplementary welfare allowance.

Section 177

Calculation of supplementary welfare allowance.

Section 178

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

Section 179

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

Section 180

Allowances in kind.

Section 181

Power to make single payment for exceptional need.

Section 182

Grant of supplementary welfare allowance in cases of urgency.

Section 183

Supplementary welfare allowance granted to persons in receipt of certain health board payments.

Section 184

Recoupment of supplementary welfare allowance.

Section 185

Arrangements for burials.

Section 186

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

Section 187

Financing of health board expenditure.

Section 188

Regulations.

Section 189

Transfer of certain property.

Section 190

Transfer of certain officers and enforceability of contracts.

Section 191

Transitional provisions.

PART IV

CHILD BENEFIT

Section 192

Qualified child.

Section 193

Qualified person.

Section 194

Amounts of child benefit.

Section 195

Exclusion of child benefit for superannuation or pension purposes.

Section 196

Payments to persons absent from State.

PART V

FAMILY INCOME SUPPLEMENT

Section 197

Interpretation.

Section 198

Entitlement to supplement.

Section 199

Rate of supplement.

Section 200

Period of payment.

Section 201

Person to whom supplement is payable.

Section 202

Regulations.

Section 203

Receipt of claims.

PART VI

GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY Preliminary

Section 204

Definitions.

CHAPTER 1

Claims and Payments

Section 205

Claims.

Section 206

Payments.

Section 207

Payment to persons other than claimant or beneficiary.

Section 208

Statutory declarations.

CHAPTER 2

Provisions Relating to Entitlement

Section 209

Overlapping provisions.

Section 210

Payments after death.

Section 211

Absence from State or imprisonment.

CHAPTER 3

Appointment and Duties of Social Welfare Inspectors

Section 212

Social welfare inspectors.

CHAPTER 4

Offences, Miscellaneous Control Provisions and Proceedings Offences

Section 213

False statements and offences, including offences relating to bodies corporate.

Section 214

Offences in relation to employment contributions.

Section 215

Notification by employer, etc. of commencement of employment.

Section 216

Information to be furnished by employers to Minister.

Section 217

Application of Probation of Offenders Act, 1907.

Section 218

Penalties.

Miscellaneous Control Provisions

Section 219

Failure to keep records.

Section 220

Loss of benefit because of employer's default.

Section 221

Information required by Minister.

Section 222

Exchange of information.

Section 223

Personal social services number.

Proceedings

Section 224

Provisions relating to prosecutions.

Section 225

Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

CHAPTER 5

Alienation of Books and Documents

Section 226

Application.

Section 227

Prohibition of alienation of documents.

Section 228

Avoidance of alienation of documents.

Section 229

Return of documents on demand.

CHAPTER 6

Miscellaneous Provisions

Section 230

Provisions as to maintenance.

Section 231

Free certificates.

Section 232

Stamp duty.

Section 233

Birth, marriage and death certificates.

Section 234

Inalienability.

Section 235

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

Section 236

Exclusion in assessment of damages.

Section 237

Taking of disability benefit and invalidity pension into account in assessing certain damages.

Section 238

Reciprocal arrangements.

Section 239

Administration of social welfare schemes.

Section 240

Budgeting in relation to social welfare payments.

Section 241

Regulations varying rates of benefit or assistance.

Section 242

Effect of means on certain rates of assistance.

Section 243

Regulations in relation to benefit or assistance.

Section 244

Application of provisions of this Act, etc. by regulations.

Section 245

Payment of increases in respect of qualified children.

PART VII

DECISIONS, APPEALS AND SOCIAL WELFARE TRIBUNAL

CHAPTER 1

Deciding Officers and Decisions by Deciding Officers Appointment and Functions of Deciding Officers

Section 246

Appointment of deciding officers.

Section 247

Decisions by deciding officers.

Revised Decisions by Deciding Officers

Section 248

Revision of decisions by deciding officers.

Section 249

Effect of revised decisions by deciding officers.

Section 250

Reference by deciding officer to appeals officer.

CHAPTER 2

Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers

Section 251

Appointment of appeals officers.

Chief Appeals Officer

Section 252

Chief Appeals Officer.

Section 253

Reference of appeal to High Court by Chief Appeals Officer.

Section 254

Annual reports by Chief Appeals Officer.

Section 255

Appointment of assessors by Chief Appeals Officer.

Section 256

Other functions of Chief Appeals Officer.

Procedures for Appeals

Section 257

Appeals and references to appeals officers.

Section 258

Power to take evidence on oath.

Section 259

Notification to persons to attend and give evidence or produce documents at appeal hearing.

Section 260

Procedure where assessor appointed.

Section 261

Award of expenses.

Revised Decisions by Chief Appeals Officer and by Appeals Officers

Section 262

Revision by appeals officer of decisions of appeals officers.

Section 263

Revision by Chief Appeals Officer of decisions of appeals officers.

Section 264

Effect of revised decisions by appeals officers.

Section 265

Decision of appeals officer to be final and conclusive.

CHAPTER 3

Supplementary Welfare Allowance — Determinations and Appeals

Section 266

Determination of entitlement to supplementary welfare allowance.

Section 267

Appeals.

Section 268

Revision of determinations of entitlement to supplementary welfare allowance.

Section 269

Effect of revised determinations by officers of health board.

CHAPTER 4

General Provisions Relating to Decisions and Appeals

Section 270

Appeals—oral hearings.

Section 271

Appeals to High Court.

Section 272

Certificate by deciding officer, appeals officer or officer of health board.

Section 273

Revision to include revision consisting of reversal.

CHAPTER 5

Social Welfare Tribunal

Section 274

Application for adjudication by Social Welfare Tribunal.

Section 275

Adjudications by Social Welfare Tribunal.

Section 276

Social Welfare Tribunal.

PART VIII

OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.

Section 277

Interim payments and suspension of payment.

Section 278

Overpayments.

Section 279

Repayment of benefit, assistance, etc. overpaid.

Section 280

Distribution of assets.

Section 281

Recovery of sums due by civil proceedings or by deduction from other payments.

Section 282

Repayment of amounts due to be deferred, suspended, reduced or cancelled.

Section 283

Effect of decision for purposes of proceedings.

PART IX

LIABILITY TO MAINTAIN FAMILY

Section 284

Interpretation.

Section 285

Liability to maintain family.

Section 286

Contribution towards benefit or allowance.

Section 287

Attachment of earnings order.

Section 288

Obligations on employer in relation to attachment of earnings order.

Section 289

Payments under attachment of earnings order.

Section 290

Powers of District Court.

Section 291

Changes in employment.

Section 292

Determinations by District Court.

Section 293

Liable relative in service of State.

Section 294

Discharge, variation or lapse of attachment of earnings order.

Section 295

Cesser.

Section 296

Offences.

Section 297

Payments under order of court to offset contributions.

Section 298

Recipient of benefit or allowance to transfer to competent authority payments under order of court.

Section 299

Investigations by health boards.

PART X

COMMENCEMENT, REPEALS AND CONTINUANCE

Section 300

Repeals.

Section 301

Continuity of repealed enactments.

Section 302

Continuance of instruments, officers and documents.

Section 303

Continuity of insurance under old codes.

Section 304

Commencement.

FIRST SCHEDULE EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS

PART I

Employments

PART II

Excepted Employments

PART III

Excepted Self-Employed Contributors SECOND SCHEDULE RATES OF BENEFITS

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits — Gratuities and Grant

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Death Grant THIRD SCHEDULE RULES AS TO CALCULATION OF MEANS

PART I

Unemployment Assistance and Pre-Retirement Allowance

PART II

Old Age (Non-Contributory), Blind, Widow's and Orphan's (Non-Contributory) Pensions, Deserted Wife's, Prisoner's Wife's, Lone Parent's and Carer's Allowances

PART III

Supplementary Welfare Allowance FOURTH SCHEDULE RATES OF ASSISTANCE

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART II

Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple

PART III

Amounts of Child Benefit FIFTH SCHEDULE ENACTMENTS REPEALED SIXTH SCHEDULE COMMENCEMENT OF CERTAIN PROVISIONS Table of Statutes Referred to Short Title Session and chapter or number and year Agriculture Act, 1931 No. 8 of 1931.

Blind Persons Act, 1920 10 & 11 Geo. 5.

C.49.

Central Bank Act, 1971 No. 24 of 1971.

Civil Liability Act, 1961 No. 41 of 1961.

Civil Liability (Amendment) Act, 1964 No. 17 of 1964.

Companies Act, 1963 No. 33 of 1963.

Courts (No. 2) Act, 1986 No. 26 of 1986.

Debtors Act (Ireland), 1872 35 & 36 Vic.

C.57.

Dublin Institute of Technology Act, 1992 No. 15 of 1992.

Enforcement of Court Orders Act, 1926 No. 18 of 1926.

Enforcement of Court Orders Act, 1940 No. 23 of 1940.

Family Law (Maintenance of Spouses and Children) Act, 1976 No. 11 of 1976.

Fatal Injuries Act, 1956 No. 3 of 1956.

Finance Act, 1969 No. 21 of 1969.

Finance Act, 1970 No. 14 of 1970.

Finance Act, 1975 No. 6 of 1975.

Finance Act, 1980 No. 14 of 1980.

Finance Act, 1986 No. 13 of 1986.

Finance Act, 1992 No. 9 of 1992.

Harbours Act, 1946 No. 9 of 1946.

Health Act, 1947 No. 28 of 1947.

Health Act, 1953 No. 26 of 1953.

Health Act, 1970 No. 1 of 1970.

Health Authorities Act, 1960 No. 9 of 1960.

Health Contributions Act, 1979 No. 4 of 1979.

Higher Education Authority Act, 1971 No. 21 of 1971.

Housing (Private Rented Dwellings) Act, 1982 No. 6 of 1982.

Income Tax Act, 1967 No. 6 of 1967.

Labour Services Act, 1987 No. 15 of 1987.

Local Government Act, 1941 No. 23 of 1941.

Local Government (Superannuation) Act, 1956 No. 10 of 1956.

Maternity Protection of Employees Act, 1981 No. 2 of 1981.

Mental Treatment Act, 1945 No. 19 of 1945.

Minimum Notice and Terms of Employment Act, 1973 No. 4 of 1973.

National Council for Educational Awards Act, 1979 No. 30 of 1979.

National Archives Act, 1986 No. 11 of 1986.

National Health Insurance Act, 1933 No. 13 of 1933.

National Insurance Act, 1911 1 & 2 Geo. 5.

C.55.

Pilotage Act, 1913 2 & 3 Geo. 5.

C.31.

Preferential Payment in Bankruptcy (Ireland) Act, 1889 52 & 53 Vic.

C.60.

Probation of Offenders Act, 1907 7 Edw. 7.

C.17.

Public Assistance Act, 1939 No. 27 of 1939.

Regional Technical Colleges Act, 1992 No. 16 of 1992.

Road Traffic Act, 1961 No. 24 of 1961.

Social Welfare Act, 1950 No. 14 of 1950.

Social Welfare Act, 1952 No. 11 of 1952.

Social Welfare (Occupational Injuries) Act, 1966 No. 16 of 1966.

Social Welfare Act, 1973 No. 10 of 1973.

Social Welfare Act, 1975 No. 1 of 1975.

Social Welfare (Supplementary Welfare Allowance) Act, 1975 No. 28 of 1975.

Social Welfare (Consolidation) Act, 1981 No. 1 of 1981.

Social Welfare Act, 1988 No. 7 of 1988.

Social Welfare (No. 2) Act, 1989 No. 12 of 1989.

Social Welfare Act, 1991 No. 7 of 1991.

Social Welfare Act, 1992 No. 5 of 1992.

Status of Children Act, 1987 No. 26 of 1987.

Superannuation Act, 1936 No. 39 of 1936.

Statutory Declarations Act, 1938 No. 37 of 1938.

Unemployment Insurance Act, 1920 10 & 11 Geo. 5.

C.55.

Vocational Education Act, 1930 No. 29 of 1930.

Widows' and Orphans' Pensions Act, 1935 No. 29 of 1935.

Workmen's Compensation Act, 1906 6 Edw. 7.

C.58.

Workmen's Compensation Act, 1934 No. 9 of 1934.

Youth Employment Agency Act, 1981 No. 32 of 1981.

Acts Cited Collectively Adoption Acts, 1952 to 1991 Army Pensions Acts, 1923 to 1980 Companies Acts, 1963 to 1990 Connaught Rangers (Pensions) Acts, 1936 to 1964 Garda Síochána (Compensation) Acts, 1941 and 1945 Health Acts, 1947 to 1991 Housing Acts, 1966 to 1988 Income Tax Acts Labourers Acts, 1883 to 1965 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Mental Treatment Acts, 1945 to 1966 Military Service (Pensions) Acts, 1924 to 1964 National Health Insurance Acts, 1911 to 1952 Protection of Employees (Employer's Insolvency) Acts, 1984 and 1991 Redundancy Payments Acts, 1967 to 1991 Superannuation Acts, 1834 to 1963 Workmen's Compensation Acts, 1934 to 1955 Number 27 of 1993 SOCIAL WELFARE (CONSOLIDATION) ACT, 1993 AN ACT TO CONSOLIDATE THE SOCIAL WELFARE ACTS. [9th November, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title.

1.—This Act may be cited as the Social Welfare (Consolidation) Act, 1993.

Definitions. [1981, ss. 2(1), 35(6); 1983, s. 5; 1988, s. 10; 1989, s. 8(3); 1991, s. 41(4); 1992, ss. 15(1), 27(4); 1993, ss. 36(1), 39(1)] 2.—(1) In this Act, save where the context otherwise requires— “appeals officer” means a person holding office as an appeals officer under section 251; “assistance” means assistance under Part III; “beneficiary” means a person entitled to any benefit, assistance, child benefit or family income supplement, as the case may be; “benefit” means, subject to section 210 and Part VI, benefit under Part II; “benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year; “claimant” means a person who has made a claim for any benefit, assistance, child benefit or family income supplement, as the case may be; “Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ; “contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the 1st day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last 2 days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year; “contribution year” means a year of assessment within the meaning of the Income Tax Acts; “credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 27; “day of incapacity for work” has the meaning assigned in section 31(1); “day of unemployment”, in relation to Part II, has the meaning assigned in section 42, and in relation to

Chapter 2

of

Part III

, has the meaning assigned in section 120(6); “deciding officer” means a person holding office as a deciding officer under section 246; “disabled person's maintenance allowance” means a maintenance allowance under section 69 of the Health Act, 1970 ; “employed contributor” has the meaning assigned in section 9 (1); “employer's contribution” has the meaning assigned in section 6(1)(a); “employment contribution” has the meaning assigned in section 6(1)(a); “entry into insurance” means, subject to sections 29(3), 101(5) and Chapters 12 and 13 of

Part II

, in relation to any person, the date on which he became an insured person; “health board” means a health board within the meaning of the Health Act, 1970 ; “incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable; “infectious diseases maintenance allowance” means a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease; “insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor; “insurable (occupational injuries) employment” has the meaning assigned in section 50; “insurable self-employment” means self-employment of such a nature that a person engaged therein would be a self-employed contributor; “insured person” means a person insured under Part II; “Member State” means a Member State of the European Communities; “the Minister” means the Minister for Social Welfare; “occupational injuries insurance” has the meaning assigned in section 49(2); “orphan” means a qualified child— (a) both of whose parents are dead, or (b) one of whose parents is dead or unknown, as the case may be, and whose other parent— (i) is unknown, or (ii) has abandoned him, or (iii) has refused or failed to provide for him, where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent; “outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person; “pensionable age” means the age of 66 years; “prescribed” means prescribed by regulations; “qualifying contribution” means the appropriate employment contribution or self-employment contribution which was paid or would have been paid but for section 10(1)(c) or (d) or section 18(1)(d) in respect of any insured person; “reckonable earnings” means, subject to regulations and to section 78, earnings derived from insurable employment or insurable (occupational injuries) employment; “reckonable emoluments”, in relation to a self-employed contributor, means emoluments (other than reckonable earnings, non-pecuniary emoluments and such other emoluments as may be prescribed) to which Chapter IV of Part V of the

Income Tax Act, 1967 , applies, reduced by so much of the allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) as is deducted on payment of those emoluments; “reckonable income” in relation to a self-employed contributor, means the aggregate income (excluding reckonable earnings, reckonable emoluments, non-pecuniary income and such other income as may be prescribed), from all sources for the contribution year as estimated in accordance with the provisions of the Income Tax Acts, but without regard to section 2 or section 18 of the Finance Act, 1969 , or (save in the case of a person to whom paragraph 1 of

Part III

of the First Schedule applies) to Chapter 1 (inserted by the Finance Act, 1980 ) of

Part IX

of the Income Tax Act, 1967 , after deducting from the income so much of any deduction allowed by virtue of the provisions referred to in section 33 of the Finance Act, 1975 , as is to be deducted from or set off against that income in charging it to income tax; “regulations” means regulations made by the Minister under this Act; “self-employed contributor” has the meaning assigned in section 17; “self-employment contribution” has the meaning assigned in section 6; “short-time employment” means employment in which, for the time being, a number of days is systematically worked in a working week which is less than the number of days which is normal in a working week in the employment concerned; “the Social Insurance Fund” means the Fund to which section 7 relates; “social welfare inspector” means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III (other than Chapter 11), IV, V, VI and IX; “statutory declaration” means a statutory declaration within the meaning of the Statutory Declarations Act, 1938 ; “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not; “voluntary contribution” has the meaning assigned in section 22; “voluntary contributor” has the meaning assigned in section 21; “the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 . [1985 (No. 2), s. 3; 1987 (No. 2), s. 15(1)]

Part II

of the First Schedule ), or (ii) a spouse who is self-employed, or (iii) a spouse who is entitled to, or is in receipt of, any benefit, pension, assistance or allowance (other than supplementary welfare allowance) under Parts II or III of this Act, or disabled person's maintenance allowance, or (iv) a spouse who, by virtue of the provisions of section 47(1) or 125(3), is or would be disqualified for receiving unemployment benefit payable under

Chapter 9

of

Part II

or unemployment assistance payable under

Chapter 2

of

Part III

in his own right with the exception of a spouse who qualifies as an adult dependant by virtue of regulations made under paragraph (c), or (v) a spouse who is entitled to or is in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121or unemployment benefit payable under section 44 or 45 in respect of a non-craft full-time course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 , or (b) a person over the age of 16 years being wholly or mainly maintained by that person and having the care of one or more than one qualified child who normally resides with that person where that person is— (i) a single person, (ii) a widow, (iii) a widower, or (iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse, or (c) such person as the Minister may by regulations specify to be an adult dependant for the purposes of this Act. [1991, s. 6(1); 1992, s. 15(1); 1993, s. 14(2)]

Interpretation generally. [1981, s. 2(2); 1992, s. 14] 3.—(1) For the purposes of this Act— (a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age; (b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age; (c) a person shall be deemed not to have attained the age of 16 years until the commencement of the 16th anniversary of the day of his birth, and similarly with respect to any other age; (d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week; (e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations. [1981, s. 2(3)]

Chapter 11

of

Part III

, “spouse” means— (a) each person of a married couple who are living together, or (b) a man and woman who are not married to each other but are cohabiting as husband and wife. [1993, s. 11]

General provisions as to regulations. [1981, s. 3(1)] 4.—(1) The Minister may make regulations— (a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and (b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. [1981, s. 3(2)]

Part I

of the Third Schedule , Rule 3(3) of

Part II

of the Third Schedule and Rule 2 of

Part III

of the Third Schedule , (b) a draft of regulations under any of the provisions mentioned in subsection (5). [1981, ss. 5(6), 10(2)(c), 12, 19(3), 30(3), 76(3), 79(6), 84(2), 89(3), 93(3), 97(2), 101(3), 108(3); 1988, s. 11; 1992, s. 19(1)]

Expenses. [1981, s. 4(1)] 5.—(1) Any expenses incurred by the Minister or any other Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. [1981, s. 4(2)]

PART II

SOCIAL INSURANCE

CHAPTER 1

The Social Insurance Fund Sources of moneys for benefits. [1988, s. 11; 1991, s. 40(3)] 6.—(1) For the purposes of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, the Redundancy Payments Acts, 1967 to 1991, and the Protection of Employees (Employer's Insolvency) Acts, 1984 and 1990, are to be made out of the Social Insurance Fund, there shall be— (a) contributions (referred to in this Act as “employment contributions”) in respect of employed contributors, each of which shall comprise a contribution by the employed contributor and a contribution (referred to in this Act as “the employer's contribution”) by the employer of the employed contributor, (b) contributions (referred to in this Act as “self-employment contributions”) in respect of self-employed contributors, (c) contributions in respect of voluntary contributors, and (d) payments out of moneys provided by the Oireachtas. [1981, s. 9(2); 1988, s. 11]

Social Insurance Fund. [1981, s. 122(1)] 7.—(1) The Social Insurance Fund (in this section and in section 8 referred to as “the Fund”) established under the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 , shall continue in being and to comprise a current account and an investment account. [1981, s. 122(2)]

Payments from Fund for acquisition of land, etc. [1981, s. 123(1)] 8.—(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund. [1981, s. 123(2)]

CHAPTER 2

Employed Contributors and Employment Contributions Employed contributors and insured persons. [1991, s. 40(1)(a)] 9.—(1) Subject to this Act— (a) every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in

Part I

of the First Schedule , not being an employment specified in

Part II

of that Schedule, shall, subject to paragraph (b), be an employed contributor for the purposes of this Act, and (b) 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, and (c) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured. [1981, s. 5(4)]

Part II

of the First Schedule . [1981, s. 5(5)]

Part I

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

Employment contributions. [1981, s. 10(1); 1982, s. 5(1); 1989, s. 8(1); 1991, s. 40(4); 1993, s. 16(1)] 10.—(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section. (b) Subject to paragraphs (c), (d) and (e) of this subsection and to regulations under section 11, where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising— (i) a contribution by the employed contributor at the rate of 5.5 per cent., and (ii) a contribution by his employer at the rate of 12.2 per cent., of the amount of the reckonable earnings to which such payment relates. (c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £21,300 and contributions under paragraph (b) (ii) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by his employer in that contribution year. (d) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £20,000 and contributions under paragraph (b) (i) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by the employed contributor in that contribution year. (e) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 13), the provisions of paragraph (c) shall, in relation to contributions mentioned in paragraph (b) (ii), apply to the reckonable earnings from each of the employments separately. [1981, s. 10(2); 1989, s. 8(1)]

Modified insurance. [1981, s. 7(1); 1991, s. 40(2)] 11.—(1) Regulations may modify the provisions of this Part in their application in the case of— (a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 9 and 10 of

Part I

of the First Schedule , or (b) persons employed in a statutory transport undertaking, or (c) persons employed as teachers in comprehensive schools established by the Minister for Education, or (d) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or (e) persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or (f) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or (g) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or (h) persons employed as members of the Army Nursing Service, or (i) persons employed in voluntary hospitals to which grants are paid from moneys provided by the Oireachtas in recoupment of revenue deficits, or (j) persons employed by voluntary organisations which are providing district nursing services, or (k) persons employed in an employment which is an insurable (occupational injuries) employment pursuant to section 50. [1981, s. 7(4)]

Calculation of reckonable earnings. [1981, s. 13(2)] 12.—(1) For the purposes of this Part, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed. [1981, s. 13(3)]

Employment by more than one employer. [1981, s. 6] 13.—Regulations may— (a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and (b) determine the circumstances in which a person is to be regarded for the purposes of section 10(1)(e) as being concurrently employed by two or more employers.

Payment of contributions and keeping of records. [1981, s. 15(1); 1988, s. 9] 14.—(1) Regulations may provide for— (a) the time and manner of payment of employment contributions, (b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions, (c) the charging of interest on arrears of employment contributions, (d) the waiving of interest due on arrears of employment contributions, (e) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates, (f) the furnishing of returns by employers in relation to periods of insurable employment, (g) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and (h) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection. [1981, s. 15(2); 1993, s. 19]

Priority debts to Social Insurance Fund in a company winding-up. [1990, s. 45(2)] 15.—(1) For the purposes of section 285

Chapter 2

or 3 of

Part II

of this Act, and any regulation thereunder (other than the said Article 22 of the Regulations of 1988 or Article 22 of the Regulations of 1989) to deduct from reckonable earnings or reckonable emoluments, to which the said Chapters 2 and 3 apply, paid by him during the period of 12 months next before the relevant date, and (ii) with the addition of any interest payable under Article 23 of the Regulations of 1988 or Article 13 of the Regulations of 1989, and (b) the relevant date shall, notwithstanding the provisions of subsection (1) of section 285 of the Companies Act, 1963 , be deemed to be the date which is the ninth day after the end of the income tax month in which the relevant date (within the meaning of the said subsection (1)) occurred. [1990, s. 45(3)]

Winding-up and bankruptcy. [1981, s. 120(1)] 16.—(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889. [1991, s. 36(1)]

CHAPTER 3

Self-Employed Contributors and Self-Employment Contributions Self-employed contributors and insured persons. [1988, s. 11] 17.—(1) Subject to this Act— (a) every person who, being over the age of 16 years and under pensionable age (not being a person included in any of the classes of person specified in

Part III

of the First Schedule ) who has reckonable income or reckonable emoluments shall be a self-employed contributor for the purposes of this Act, regardless of whether he is also an employed contributor, (b) every person becoming for the first time a self-employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured, and (c) in the case of a person who, not having been an employed contributor at any time, becomes for the first time a self-employed contributor the first day of the contribution year in which he becomes a self-employed contributor shall be regarded as the date of entry into insurance. [1988, ss. 11, 16(1)]

Part III

of the First Schedule , (b) adding to the classes of person specified in

Part III

of the First Schedule , (c) the modification of any of the provisions of this Act relating to self-employed contributors, (d) the application (with or without modification) to self-employed contributors or self-employment contributions payable under paragraph (a), (b) or (c) of section 18(1) any provisions of this Act which apply to employed contributors or employment contributions.

Rates of self-employment contributions and related matters. [1991, s. 13(1); 1993, s. 17(1)] 18.—(1) Self-employment contributions shall be paid by self-employed contributors in accordance with the following provisions— (a) Subject to paragraphs (b), (d) and (h), where in any contribution year a self-employed contributor has reckonable income there shall be payable by him a self-employment contribution which shall be of an amount equal to 5 per cent. of the reckonable income or the amount of £250, whichever is the greater. (b) Where for any contribution year a self-employed contributor is informed by the Revenue Commissioners that he is not required to make a return of income within the meaning of section 48

Regulations providing for determination of contributions payable. [1988, s. 11] 19.—(1) Subject to subsection (2), regulations may provide for the determination of the contributions payable, the amount or rates of such contributions, and the contribution weeks in respect of which such contributions shall be regarded as having been paid, in the case of a person who— (a) becomes for the first time a self-employed contributor, (b) ceases to be a self-employed contributor, (c) is both an employed contributor and a self-employed contributor whether concurrently or not, (d) in any contribution year has reckonable emoluments but does not have reckonable income, (e) in any contribution year has both reckonable emoluments and reckonable income, or (f) in any contribution year has reckonable emoluments which relate to a period less than the full year. [1988, s. 11; 1989, s. 9(2)]

Regulations for collection of self-employment contributions, etc. [1988, s. 11] 20.—(1) For the purposes of self-employment contributions payable under section 18(1)(b) and (c), regulations may provide for— (a) the time and manner of payment of self-employment contributions, (b) the collection and the recovery of and the furnishing of details in relation to self-employment contributions, (c) the charging of interest on arrears of self-employment contributions, (d) the waiving of interest due on arrears of self-employment contributions, (e) the estimation of amounts due in respect of self-employment contributions and appeals in relation to such estimates, (f) the furnishing of returns by employers in relation to periods of insurable self-employment, (g) the deduction by an employer from the reckonable emoluments of a self-employed contributor of any self-employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of overdeduction, and (h) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection. [1988, s. 11]

CHAPTER 4

Voluntary Contributors and Voluntary Contributions Voluntary contributors. [1981, s. 5(2); 1988, s. 11] 21.—(1) Subject to this Act, where a person ceases to be— (a) an employed contributor, or (b) a self-employed contributor, otherwise than by reason of attaining pensionable age and he has qualifying contributions in respect of not less than 156 contribution weeks, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as “a voluntary contributor”). [1991, s. 40(1)(b)]

Voluntary contributions by former employed contributors. [1981, s. 11 (1); 1982, s. 5(2); 1989, s. 8(2)] 22.—(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a “voluntary contribution”), in the case of a person who becomes a voluntary contributor by virtue of paragraph (a) of section 21(1) and who is under pensionable age, shall be payable in each contribution year at such time or times and in such manner as the Minister shall prescribe— (i) at a percentage rate (as set out in paragraph (b)) of the amount of the reckonable income of the contributor in the preceding contribution year, or (ii) where there was no such income or such income did not exceed such amount as may be prescribed, at a percentage rate of such amount as the Minister shall prescribe. (b) A percentage rate for the purpose of paragraph (a)(i) shall be— (i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, 2.6 per cent., (ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 6.6 per cent., and (iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 4.0 per cent. (c) A contribution under paragraph (a) shall not be payable in respect of reckonable income in any contribution year which exceeds the sum specified in section 10(1)(d). (d) “Reckonable income” for the purposes of this subsection means, subject to regulations, income derived from any employment, including any trade, business, profession, office or vocation. [1981, s. 11(2)]

Voluntary contributions by former self-employed contributors. [1988, s. 11; 1991, s. 15] 23.—(1) A voluntary contribution, in the case of a person who becomes a voluntary contributor by virtue of paragraph (b) of section 21(1), shall be at the rate of £234 in a contribution year payable at such time or times and in such manner as the Minister may prescribe. [1988, s. 11]

Calculation of voluntary contributions. [1981, s. 13(3)] 24.— Regulations may provide for the calculation of the amounts payable in respect of voluntary contributions in accordance with prescribed scales, and for adjustments of such amounts to facilitate computation and to avoid fractions of one penny in the amounts.

CHAPTER 5

General Employment outside State. [1981, s. 8(1)] 25.—(1) Regulations may modify the provisions of this Part and the First Schedule in their application in the case of persons who are or have been outside the State while insured under this Part. [1981, s. 8(2)]

Part I

of the First Schedule . [1981, s. 8(3)]

Regulations varying rates and amounts of contributions. [1981, s. 12; 1988, s. 11] 26.—Regulations may alter the rates or amounts of employment, self-employment or voluntary contributions.

Exceptions and credits. [1981, s. 14] 27.—Regulations may provide for— (a) making exceptions from the liability to pay contributions for any specified periods, and (b) crediting contributions to insured persons for any specified periods, including, in particular— (i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a), and (ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.

Return of contributions paid in error. [1981, s. 16(1);

S.I. No. 121 of 1991 , A.5] 28.—Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of employment, self-employment or voluntary contributions.

Return of contributions where entry into insurance occurs after specified age. [1981, s. 16(1)] 29.—(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any employment contribution paid by an employed contributor or voluntary contribution payable under section 22 by a voluntary contributor whose entry into insurance occurred— (a) after he had attained the age of 60 years, (b) after he had attained the age of 58 years in the case of a person who attained the age of 57 years on or after the 1st day of July, 1974, (c) after he had attained the age of 57 years in the case of a person who attained the age of 56 years on or after the 1st day of April, 1975, or (d) after he had attained the age of 56 years in the case of a person who attained the age of 55 years on or after the 1st day of October, 1977, as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension. [1981, s. 16(2)]

CHAPTER 6

Description o-f Benefits Description of benefits. [1981, s. 17(1)] 30.—(1) Benefits under this Part shall be of the following descriptions and are so described in this Act— (a) disability benefit, (b) maternity benefit, (c) unemployment benefit, (d) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit, (e) pay-related benefit, (f) old age (contributory) pension, (g) retirement pension, (h) survivor's benefit, (i) invalidity pension, (j) widow's (contributory) pension, (k) orphan's (contributory) allowance, (l) deserted wife's benefit, and (m) death grant. [1981, s. 17(2)]

CHAPTER 7

Disability Benefit Entitlement to benefit. [1981, s. 18(1)] 31.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as “a day of incapacity for work”) which forms part of a period of interruption of employment, if— (a) he is under pensionable age on the day for which the benefit is claimed, and (b) he satisfies the contribution conditions in section 32. [1981, s. 18(2)]

Provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the 1st day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 81(2) applies, (e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days, (f) a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave, (g) any two periods of incapacity for work separated by a period in respect of which an insured person is being paid by his employer in respect of holiday leave shall be treated as one period of incapacity for work. [1981, s. 18(5)]

Conditions for receipt. [1992, s. 32(4)(a)] 32.—(1) The contribution conditions for disability benefit are— (a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and (c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period. [1987, ss. 8(1), 8(6)(a)]

Rate of benefit. [1981, s. 20] 33.— Subject to this Act, the weekly rate of disability benefit shall be as set out in column (2) of

Part I

of the second Schedule .

Increases for adult and child dependants. [1981, s. 21(1)] 34.—(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of

Part I

of the second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person. [1982, s. 2(2)]

Part I

of the second Schedule in respect of each qualified child who normally resides with the beneficiary. [1985 (No.2), s. 4(1)]

Duration of payment. [1991, s. 55(1); 1993, s. 12(1)] 35.—(1) Where a person— (a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and (b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date 1 year immediately prior to that day, to disability benefit for 312 days, he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit. [1993, s. 12(2)]

Provided that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section. [1990, s. 32]

Disqualifications. [1981, s. 23(1); 1986, s. 9(1)] 36.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Part if— (a) he has become incapable of work through his own misconduct, or (b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour. [1981, s. 23(2)]

CHAPTER 8

Maternity Benefit Entitlement to and duration of benefit. [1992, s. 19(1)] 37.—(1) Subject to this Act, a woman shall be entitled to maternity benefit if— (a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as “the expected week of confinement”) not being more than the prescribed number of weeks after that in which the certificate is given, and (b) she is, immediately before the first day of maternity leave, an employed contributor, or it is certified by her employer that she may resume employment after the end of the period of maternity leave, where such employment is an employment specified in

Part I

of the First Schedule and is not an employment specified in Part II of that Schedule, and (c) she satisfies the contribution conditions in section 38. [1993, s. 8(1)]

Provided that, in any case where the date of confinement occurs after the expected date of confinement, the period for which maternity benefit is payable shall not exceed 18 weeks. [1992, s. 19(1)]

Conditions for receipt. [1992, s. 19(1)] 38.—(1) The contribution conditions for maternity benefit are— (a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the 1st day of maternity leave, and (ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the 1st day of maternity leave occurs or in a subsequent complete contribution year before the 1st day of maternity leave, or (b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the 1st day of maternity leave. [1992, s. 19(1)]

Rate of benefit. [1992, s. 19(1)] 39.—(1) Subject to this Act, the weekly rate of maternity benefit shall be an amount equal to— (a) 70 per cent. of the reckonable weekly earnings of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (b) such amount as shall be prescribed, whichever is the greater. [1992, s. 19(1)]

Disqualifications. [1992, s. 19(1)] 40.—Regulations may provide for disqualifying a woman for receiving maternity benefit if— (a) during the period for which the benefit is payable, she engages in any occupation other than domestic duties in her own household, or (b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.

Supplementary provisions. [1992, s. 19(1)] 41.—(1) In this Chapter— (a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly, and (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. [1992, s. 19(1)]

CHAPTER 9

Unemployment Benefit Entitlement to benefit. [1992, s. 28(1)] 42.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, if— (a) he is under pensionable age on the day for which the benefit is claimed, (b) he proves unemployment in the prescribed manner, (c) he satisfies the contribution conditions in section 43, and (d) he has sustained a substantial loss of employment in any period of 6 consecutive days. [1992, s. 28(1)]

Conditions for receipt. [1991, s. 19(1)] 43.—(1) The contribution conditions for unemployment benefit are— (a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and (c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period. [1987, ss. 8(4), 8(6)(d)]

Rate of benefit. [1981, s. 31] 44.—Subject to this Act, the weekly rate of unemployment benefit shall be as set out in column (2) of

Part I

of the second Schedule .

Increases for adult and child dependants. [1981, s. 32(1)] 45.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of

Part I

of the second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person. [1982, s. 2(3)]

Part I

of the second Schedule in respect of each qualified child who normally resides with the beneficiary. [1985 (No. 2), s. 4(1)]

Duration of payment. [1985 (No. 2), s. 6(a)] 46.—(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsection (3), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed. [1981, s. 34(2)]

Provided that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section. [1989, s. 14(2)]