(6)For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid. [1992, s. 31(1)]
\n
(7)For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (4) of section 47 shall be treated as though it were a period in respect of which unemployment benefit was paid. [1991, s. 49(2)]
\n
(8)Where, in any period of interruption of employment, a person was in receipt of unemployment benefit on the 11th day of April, 1991 for more than 155 days, subsection (4)(a) shall be construed as if a reference to “since the 156th day for which he was entitled to that benefit” was substituted for the reference to “since the last day for which he was entitled to that benefit”.
\n
Disqualifications. [1981, s. 35(1); 1987 (No. 2), s. 13(1)] 47.—(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:
\n
Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work. [1981, s. 35(2)]
\n
(2)Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be. [1984AM, s. 2]
\n
(3)A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme. [1981, s. 35(3); 1992, ss. 29(1), 31(2)]
\n
(4)A person shall be disqualified for receiving unemployment benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Act if he— (a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, (b) has refused an offer of suitable employment, (c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his case, (d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment, or (e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer, and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy (as the case may be) occurred. [1981, s. 35(4)]
\n
(5)Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice. [1981, s. 35(5)]
\n
(6)For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is— (a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute, (b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or (c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.
\n
CHAPTER 10
\n
Occupational Injuries Benefits Preliminary Interpretation. [1981, s. 36] 48.—(1) In this Chapter, save where the context otherwise requires— “apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation; “claimant” means a person claiming occupational injuries benefit and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be construed accordingly; “the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable; “disablement gratuity” has the meaning specified in section 54(7); “disablement pension” has the meaning specified in section 54(8) or (9); “injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 54(2), disablement benefit in respect of the accident is not available to the insured person; “medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly; “medical treatment” has the meaning specified in section 72(1); “occupational accident” has the meaning specified in section 69; “relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; “relevant loss of faculty” means the loss of faculty resulting from the relevant injury; “unemployability supplement” has the meaning specified in section 56(3).
\n
(2)References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.
\n
Insurable Employment Occupational injuries insurance. [1981, s. 37(1)] 49.—(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused by accident arising out of and in the course of such employment. [1981, s. 37(2)]
\n
(2)Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section.
\n
Insurable (occupational injuries) employment. [1981, s. 38(1)] 50.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in
\n
Part I
\n
of the First Schedule , not being an employment specified in
\n
Part II
\n
of that Schedule. [1981, s. 38(2)]
\n
(2)(a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in
\n
Part I
\n
of the First Schedule — (i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise, (ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, and (iii) employment in the State as a member or as a person training to become a member of any such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as may be prescribed. (b) In paragraph (a) (ii)— “ship” means— (i) any ship registered in the State, or (ii) any other ship or vessel of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State; “aircraft” means— (i) any aircraft registered in the State, or (ii) any other aircraft of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State. [1981, s. 38(3); 1988, s. 29(a)]
\n
(3)For the purposes of this section, the following employments shall be taken as being added to the employments specified in
\n
Part II
\n
of the First Schedule — (a) employment as a member of the Defence Forces, (b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel, (c) employment under any local or other public authority in the execution of any contract for services, (d) employment, otherwise than under contract of service, specified in paragraph 10 of
\n
Part I
\n
of the First Schedule . [1981, s. 38(4)]
\n
(4)For the purposes of this section, paragraph 2 of
\n
Part II
\n
of the First Schedule shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer. [1981, s. 38(6)]
\n
(5)For the purposes of this section, a pilot to whom the Pilotage Act, 1913 , applies shall, when employed on any ship as defined in subsection (2)(b), be deemed to be a member of the crew of that ship. [1981, s. 38(7)]
\n
(6)The Minister may, in relation to paragraphs 4 and 5 of
\n
Part II
\n
of the First Schedule , by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified. [1981, s. 38(8)]
\n
(7)The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to
\n
Part II
\n
of the First Schedule . [1981, s. 38(9)]
\n
(8)Where it appears to the Minister— (a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of this Part, and (b) that either— (i) the first-mentioned employment can conveniently be included among the excepted employments, or (ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments, the Minister may by regulations provide that the employment shall be so included. [1981, s. 38(10)]
\n
(9)The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2)(a)(ii). [1993, s. 26(1)]
\n
(10)A person who is unemployed shall, while in attendance at such course as may be prescribed and provided by such person as may be prescribed, be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment and to be employed by the person by whom the course is being provided. [1984AM, s. 3]
\n
(11)A person employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme shall be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment.
\n
Extension of meaning of references to accidents arising out of and in course of employment. [1981, s. 39(1)] 51.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment. [1981, s. 39(2)]
\n
(2)An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment if— (a) the accident arises in the course of the employment, (b) the accident— (i) either is caused by another person's misconduct, negligence or misbehaviour, or by steps taken in consequence of any such misconduct, negligence or misbehaviour or by the behaviour or presence of an animal (including a bird, fish or insect), or (ii) is caused by or consists in the insured person's being struck by any object or by lightning, and (c) the insured person did not directly or indirectly cause or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment. [1981, s. 39(3)]
\n
(3)An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if— (a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and (b) the act is done for the purposes of and in connection with the employer's trade or business. [1986, s. 12]
\n
(4)An accident happening to an insured person while travelling to or from his place of work shall, subject to such conditions as may be prescribed, be deemed for the purposes of this Part to arise out of and in the course of his employment. [1981, s. 39(5)]
\n
(5)An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. [1981, s. 39(6)]
\n
(6)An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.
\n
Accidents in illegal employment and accidents outside State. [1981, s. 40(1)] 52.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 66, or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or non-compliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received. [1981, s. 40(2)]
\n
(2)In subsection (1) “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due. [1981, s. 41]
\n
(3)Except where regulations otherwise provide, an occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside of the State.
\n
Benefits Injury benefit. [1981, s. 42(1); 1991, s. 42(1); 1993, s. 38(1)] 53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, he is incapable of work during the injury benefit period:
\n
Provided that an insured person shall not be entitled to injury benefit in respect of the first 3 such days. [1986, s. 13(b)]
\n
(2)For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave. [1981, s. 42(3)]
\n
(3)In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded. [1981, s. 42(4)]
\n
(4)Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of
\n
Part I
\n
of the second Schedule . [1988, s. 24(1)]
\n
(5)The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p. [1981, s. 42(6)]
\n
(6)A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.
\n
Disablement benefit. [1981, s. 43(1); 1993, s. 38(1)] 54.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with the following provisions of this section amounts to not less than 1 per cent.; and, for the purposes of those provisions, there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to 1 per cent. [1981, s. 43(2)]
\n
(2)Disablement benefit shall not be available to an insured person until after the 3rd day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident, nor until after the last day, if any, of that period on which he is incapable of work as a result of the relevant accident:
\n
Provided that, if he is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection. [1981, s. 43(3)]
\n
(3)For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles— (a) save as hereafter provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal; (b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to the provisions of any regulations made under subsection (4), it shall not be so treated in so far as the claimant either— (i) would in any case have been subject thereto as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or (ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to, that accident; (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition; (d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly. [1981, s. 43(4)]
\n
(4)Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in subsection (3)(c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons. [1981, s. 43(5)]
\n
(5)The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty:
\n
Provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period— (a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the said possibility, and (b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment. [1981, s. 43(6)]
\n
(6)An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:
\n
Provided that— (a) the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and (b) a percentage between 20 and 100 which is not a multiple of 10 shall be treated— (i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and (ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10. [1981, s. 43(7); 1986, s. 21(1)]
\n
(7)(a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent., disablement benefit shall be a gratuity (in this Chapter referred to as “a disablement gratuity”)— (i) of an amount fixed, in accordance with the length of the said period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in
\n
Part II
\n
of the second Schedule , (ii) payable, if and in such cases as regulations so provide, by instalments. (b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons. [1986, s. 21(1)]
\n
(8)Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as “a disablement pension”) for that period at the weekly rate set out in column (2) of
\n
Part III
\n
of the second Schedule appropriate to the degree of disablement:
\n
Provided that where the period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. [1981, s. 43(9); 1986, s. 21(1); 1990, s. 39(1)]
\n
(9)(a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent., the following provisions shall have effect if the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity— (i) the gratuity shall not be paid, (ii) the disablement benefit shall be a pension (in this Chapter also referred to as “a disablement pension”) at the weekly rate appropriate in accordance with a prescribed scale, (iii) the disablement pension shall be for the period taken into account by the assessment of disablement:
\n
Provided that, where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date. (b) The following provisions shall apply in relation to the scale prescribed for the purposes of this subsection— (i) the scale shall be the same for all persons, (ii) different amounts may be specified in relation to the different percentages under 20 per cent., but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in
\n
Part III
\n
of the second Schedule ) for a degree of disablement of 20 per cent., the same proportion as the percentage with respect to which it is specified bears to 20 per cent. [1990, s. 39(2)]
\n
(10)In the case of any assessment of disablement where the period to be taken into account by the assessment commenced before the 1st day of May, 1990, subsection (9)(a) shall be construed as if the reference to “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.” were deleted.
\n
Increase of injury benefit and disablement pension for adult and child dependants. [1981, s. 44(1)] 55.—(1) The weekly rate of injury benefit 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 injury benefit under this subsection in respect of more than one person. [1982, s. 2(4)]
\n
(2)The weekly rate of injury benefit shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary. [1985 (No. 2), s. 4]
\n
(3)Any increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly. [1992, s. 38]
\n
(4)Subsections (1), (2) and (3) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.
\n
Increase of disablement pension on account of unemployability. [1981, s. 45(1); 1993, s. 38(3)] [1981, s. 45(2); 1981AM, s. 13] 56.—(1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out in
\n
Part IV
\n
of the second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.
\n
(2)(a) For the purposes of this section, a person may be treated as being incapable of work and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to restrict him to earning not more than such amount as may be prescribed. (b) In paragraph (a) the reference to “earning” includes a reference to receiving any remuneration or profit derived from gainful occupation. [1981, s. 45(3)]
\n
(3)An increase of pension under this section (in this Chapter referred to as “an unemployability supplement”) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.
\n
Increase of disablement pension where constant attendance is needed. [1981, s. 46(1)] [1981, s. 46(2)] 57.—(1) Where a disablement pension is payable in respect of an assessment of 100 per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed the amounts specified in
\n
Part IV
\n
of the second Schedule .
\n
(2)An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time:
\n
Provided that no such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.
\n
Adjustments for successive accidents. [1981, s. 48(1)] 58.—(1) Where a person suffers 2 or more successive accidents against which he is insured by occupational injuries insurance— (a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in subsection (2)) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of 2 or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 54(8), (b) regulations may provide for adjusting— (i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to, a disablement gratuity, (ii) any increase of benefit such as is mentioned in subsection (2), or the conditions for the receipt thereof. [1981, s. 48(2)]
\n
(2)The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 55, 56 and 57.
\n
Entitlement to death benefit. [1981, s. 49; 1993, s. 38(1)] 59.—Subject to this Act, where an insured person dies as a result of personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in sections 60 to 63.
\n
Death benefit for widows and widowers and increases for qualified children, etc.
\n
60.—(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him. [1981, s. 50(1)] [1981, s. 50(2)]
\n
(2)In the case of a widow, death benefit shall be a pension at the weekly rate set out in column (2) of
\n
Part I
\n
of the second Schedule , and if she has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part. [1981, s. 50(3)]
\n
(3)A pension under subsection (2) shall not be payable for any period after the remarriage of the widow. [1981, s. 50(4)]
\n
(4)A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as husband and wife. [1981, s. 50(5)]
\n
(5)The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained. [1981, s. 50(6)]
\n
(6)In the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, death benefit shall be a pension at the weekly rate set out in column (2) of
\n
Part I
\n
of the second Schedule and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part. [1981, s. 50(7)]
\n
(7)In the case of any other widower, death benefit shall be a gratuity of the amount set out in
\n
Part II
\n
of the second Schedule . [1981, s. 50(8)]
\n
(8)A pension under subsection (6) shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity. [1992, s. 16(1)]
\n
(9)The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate 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.
\n
Death benefit — parents. [1981, s. 51(1)] 61.—(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. [1981AM, s. 14(2), 1990, s. 50(2)]
\n
(2)Subject to subsections (3) and (4), the death benefit shall be a pension at the weekly rate set out in column (2) of
\n
Part I
\n
of the second Schedule , increased, in the case of a person who has attained pensionable age, by the amount set out in column (7) of that
\n
Part I
\n
of the second Schedule where the beneficiary is living alone. [1990, s. 50(1)]
\n
(3)Subject to subsection (4), the weekly rate of pension payable to a parent shall be— (a) at the reduced weekly rate, where the deceased was at death a married person, (b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person— (i) in any case where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, (ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or (iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband, (c) at the reduced weekly rate in any other case. [1990, s. 50(1)]
\n
(4)Where a person, to whom the provisions of subparagraph (i) of subsection (3)(b) apply, ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the reduced weekly rate and, if at that time the provisions of subsection (3)(b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate. [1990, s. 50(1)]
\n
(5)In this section— “reduced weekly rate” means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(i) in
\n
Part I
\n
of the second Schedule ; “maximum weekly rate” means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(ii) in
\n
Part I
\n
of the second Schedule . [1981, s. 51(4)]
\n
(6)Where a parent was partly maintained by each of 2 or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section 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. [1981, s. 51(5)]
\n
(7)A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage. [1981, s. 51(6)]
\n
(8)A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as husband and wife. [1981, s. 51(7)]
\n
(9)For the purposes of subsections (1) and (6) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1991, shall be taken as referring to the adopters or the adopter, and includes a step-parent.
\n
Death benefit — orphans. [1981, s. 52(1)] 62.—(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. [1981, s. 52(2)]
\n
(2)In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of
\n
Part I
\n
of the second Schedule . [1981, s. 52(3)]
\n
(3)Section 109 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.
\n
Death benefit — funeral expenses. [1981, s. 53(1)] 63.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased. [1981, s. 53(2)]
\n
(2)Subject to subsection (3), the grant shall be the amount set out in
\n
Part II
\n
of the second Schedule . [1981, s. 53(3)]
\n
(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. [1981, s. 53(4)]
\n
(4)Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State.
\n
Supplements to workmen's compensation payments. [1981, s. 55(1)] 64.—(1) Regulations shall provide for conferring on persons who— (a) are or have been on or after the 1st day of 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. [1981, s. 55(2)]
\n
(2)Regulations shall also provide for conferring on persons who— (a) are or have been on or after the 1st day of 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. [1981, s. 55(3)]
\n
(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. [1981, s. 55(4)]
\n
(4)All payments under this section shall be paid out of the Social Insurance Fund.
\n
Cost of medical care. [1981, s. 57(1); 1990, s. 23(2)] 65.—(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 Social Insurance 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 117. [1981, s. 57(2)]
\n
(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 117 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. [1981, s. 57(3)]
\n
(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— (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. [1981, s. 57(4)]
\n
(4)The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be 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. [1981, s. 57(5)]
\n
(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. [1981, s. 57(6)]
\n
(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. [1981, s. 57(7)]
\n
(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. [1981, s. 57(8)]
\n
(8)Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications. [1981, s. 57(9)]
\n
(9)For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations— (a) general practitioner and specialist care, including domiciliary visiting, (b) nursing care at home except where the cost is met by an increase under section 57 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 (f) conveyance to and from the place where medical care as specified in this subsection is provided.
\n
Prescribed Diseases Insurance against prescribed diseases and injuries not caused by accident. [1981, s. 54(1)] 66.—(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 the 1st day of May, 1967. [1981, s. 54(2)]
\n
(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. [1981, s. 54(3)]
\n
(3)Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before the 1st day of 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. [1981, s. 54(4)]
\n
(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. [1981, s. 54(5)]
\n
(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. [1981, s. 54(6)]
\n
(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. [1981, s. 54(7)]
\n
(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. [1981, s. 54(8)]
\n
(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.
\n
Occupational Accidents Notice of accidents. [1981, s. 58(1)] 67.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 65 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. [1981, s. 58(2)]
\n
(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 65 for such period as may be determined in accordance with the regulations.
\n
Reporting of accidents by employers. [1981, s. 59] 68.—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 65 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 65 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.
\n
Declaration that accident is an occupational accident. [1981, s. 60(1)] 69.—(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. [1981, s. 60(2)]
\n
(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. [1981, s. 60(3)]
\n
(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 Chief Appeals Officer within the prescribed time, be referred to an appeals officer. [1981, s. 60(4)]
\n
(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. [1981, s. 60(5)]
\n
(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.
\n
Miscellaneous Disqualifications for injury benefit or disablement benefit and suspension of proceedings. [1981, s. 61(1); 1986, s. 9(2)] 70.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 9 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, 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. [1981, s. 61(2)]
\n
(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.
\n
Treating person as incapable of work, etc. [1981, s. 62] 71.—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.
\n
Medical treatment. [1981, s. 63(1)] 72.—(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. [1981, s. 63(3)]
\n
(2)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.
\n
Rehabilitation. [1981, s. 64(1)] 73.—(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. [1981, s. 64(2); 1990, s. 23(2)]
\n
(2)The amounts required for any contributions under this section shall be paid out of the Social Insurance Fund.
\n
Research. [1981, s. 66(1)] 74.—(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 66, 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. [1981, s. 66(2)]
\n
(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. [1981, s. 66(3); 1990, s. 23(2)]
\n
(3)The amounts required for any payments under this section shall be paid out of the Social Insurance Fund.
\n
Taking of benefit into account in assessing damages. [1981, s. 68(1)] 75.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 236 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 210, after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 57 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued. [1981, s. 68(2)]
\n
(2)The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the deduction or limitation. [1981, s. 68(3)]
\n
(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 63 of this Act in respect of funeral expenses, resulting from that person's death. [1989, s. 18(2)]
\n
(4)Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, there shall in assessing compensation be taken into account, against— (a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, (b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (if the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his future career in that force, and (c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of disablement benefit (disregarding any increase thereof under section 57 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued. [1989, s. 18(2)]
\n
(5)Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, in assessing compensation under those Acts in respect of— (a) a person's death, account may be taken of any death benefit by way of grant under section 63 of this Act in respect of funeral expenses, resulting from that person's death, and (b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 65 of this Act, resulting from those injuries for the 5 years beginning with the time when the cause of action accrued. [1989, s. 18(4)]
\n
(6)Subsections (4) and (5) shall not apply to any proceedings instituted for compensation under the Garda Síochána (Com pensation) Acts, 1941 and 1945, before the 6th day of April, 1989.
\n
Saver for repeal of Workmen's Compensation Acts. [1981, s. 69] 76.—The Workmen's Compensation Acts, 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 the 1st day of May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 66, 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. [1981, s. 70] 77.—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 11
\n
Pay-Related Benefit Interpretation. [1981, s. 71] 78.—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(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
Entitlement to benefit. [1992, s. 34(1)(a),(5); 1993, s. 38(2)] 79.—(1) Subject to this Act, 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 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 19th day of unemployment in the period of interruption of employment, or (b) is a day of incapacity for work which forms part of a period of interruption of employment in respect of incapacity for work which commenced before the 6th day of April, 1992, in respect of which the person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person). [1992, s. 30]
\n
(2)Notwithstanding subsection (1), a person engaged in— (a) short-time employment, or (b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:
\n
Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that 4 week period, shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.
\n
Rate of benefit. [1987, s. 7(1); 1993, s. 6] 80.—(1) The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be for any part of that period up to the 393rd day of unemployment (or in the case of a person to whom section 79(1)(b) applies, for any part of that period up to the 393rd day of incapacity for work), an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £80 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. [1991, s. 16; 1992, s. 9; 1993, s. 6]
\n
(2)In the case of any entitlement to pay-related benefit payable in respect of a period of interruption of employment where— (a) the period of interruption of employment commenced before the 8th day of April, 1991, subsection (1) shall be construed as if “£72” were substituted for “£80”, (b) the period of interruption of employment commenced on or after the 8th day of April, 1991 but before the 6th day of April, 1992, subsection (1) shall be construed as if “£75” were substituted for “£80”, and (c) the period of interruption of employment commenced on or after the 6th day of April, 1992 but before the 6th day of April, 1993, subsection (1) shall be construed as if “£78” were substituted for “£80”.
\n
Duration of payment. [1992, s. 34(3)] 81.—(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of unemployment after the 393rd day of unemployment in that period. [1992, s. 34(3)]
\n
(2)In calculating for the purposes of section 80 and this section whether, in a period of interruption of employment, a person has had a specified number of days of unemployment, account shall be taken of only the first 18 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purposes of section 80. [1992, s. 34(1)(a), (5)]
\n
(3)In subsection (2), day of unemployment shall be construed as including a day of incapacity for work in the case of a person to whom section 79(1)(b) applies.
\n
Regulations. [1981, s. 76(1); 1987, s. 10(1)] 82.—(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; (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 multiples of other than 10p in the amounts; (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; (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 the 8th day of April, 1974, and ending on such date as may be specified in the regulations; and (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. [1984, s. 8]
\n
(2)Notwithstanding section 79, the Minister may make regulations providing that, for the purposes of a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to such conditions as may be specified in the regulations, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment. [1981, s. 76(2)]
\n
(3)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
CHAPTER 12
\n
Old Age (Contributory) Pension Entitlement to pension. [1981, s. 78(1)] 83.—(1) Subject to this Act, a person shall be entitled to old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 84. [1992, s. 10(1)]
\n
(2)In 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— (a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or (b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 his attaining pensionable age; “alternative 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 on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age. [1991, s. 27(1); 1993, s. 36(5)]
\n
(3)In this Chapter, “relevant person” means— (a) a person who first becomes— (i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or (ii) an insured person by virtue of section 17, on or after the 6th day of April, 1991, or (b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 84 and had periods in which he had been— (i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and (ii) an employed contributor, a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him. [1991, s. 23(1)]
\n
(4)For the purposes of this Chapter, in the case of a relevant person— “entry into insurance” means, subject to section 83(7), in relation to any person whichever occurs first— (a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or (b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1). [1991, s. 23(1)]
\n
(5)Notwithstanding subsection (4) regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for old age (contributory) pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance. [1991, s. 23(1)]
\n
(6)Notwithstanding subsections (4) and (5), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance. [1988, s. 13]
\n
(7)For the purposes of this Chapter, in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is the more favourable to him, shall be regarded as the date of entry into insurance:
\n
Provided that where a date other than that on which the claimant first entered into insurance is so regarded, that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).
\n
Conditions for receipt. [1981, s. 79(1); 1992, s. 10(2), (3)] 84.—(1) The contribution conditions for 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 or in the case of a person who attains pensionable age on or after the 6th day of April, 1992, an alternative yearly average of not less than 48. [1981, s. 79(2)]
\n
(2)(a) In the case of a person who attained the age of 57 years before the 1st day of 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 the 1st day of 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 the 1st day of 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 the 1st day of 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. [1981, s. 79(3)]
\n
(3)(a) A person who attained the age of 69 years on or after the 1st day of July, 1974, but before the 5th day of January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if that would be to his advantage. (b) A person who attained the age of 69 years before the 1st day of July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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. [1981, s. 79(4)]
\n
(4)(a) A person who attained the age of 68 years on or after the 1st day of April, 1975, but before the 3rd day of January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if that would be to his advantage. (b) A person who attained the age of 68 years before the 1st day of April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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. [1981, s. 79(5)]
\n
(5)(a) A person who attained the age of 67 years on or after the 1st day of October, 1977, but before the 1st day of January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if that would be to his advantage. (b) A person who attained the age of 67 years before the 1st day of October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare 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. [1981, s. 79(6)]
\n
(6)Regulations may provide for modifications of the meaning of yearly average contained in section 83(2) or of the contribution conditions set out in this section. [1992, s. 10(2)]
\n
(7)Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48. [1992, s. 10(2)]
\n
(8)Regulations under 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 by reference to the yearly average so calculated, but any increase of that pension payable under section 87(1) or section 87(2) shall be the same as if the claimant had a yearly average of not less than 48. [1981, s. 79(9); 1991, s. 27(1)]
\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, in the case of a person who is not a relevant person, contributions paid by or in respect of a person during which such person is or was employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 )), 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. [1981, s. 79(10)]
\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 the 3rd day of October, 1960, of any of the contribution conditions for old age (contributory) pension. [1993, s. 36(3)]
\n
(11)Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph be an employed contributor, his entry into insurance by virtue thereof 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 paragraph (a) of section 9(1). [1988, s. 30(a); 1989, s. 25]
\n
(12)Subject to subsection (13), regulations may provide for entitling to old age (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied where that person, having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act, 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable. [1988, s. 30(a)]
\n
(13)Regulations for the purposes of subsection (12) 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. [1991, ss. 23(2), 27(1);
\n
S.I. No. 312 of 1991 , A.4; 1993, s. 36(5)]
\n
(14)Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ). [1991, s. 23(2);
\n
S.I. No. 312 of 1991 , A.4]
\n
(15)Regulations for the purposes of subsection (14) shall provide that old age (contributory) pension payable by virtue thereof shall— (a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of— (i) employment contributions paid in respect of or credited to the insured person, and (ii) self-employment contributions paid by him, and (iii) voluntary contributions paid by him, reckonable for old age (contributory) pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and (b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.
\n
Disregard of self-employment contributions in certain cases. [1993, s. 20] 85.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for old age (contributory) pension on or after the 6th day of April, 1993, he shall not be regarded as having satisfied the contribution conditions contained in section 84 unless all self-employment contributions payable by him in accordance with section 18 have been paid. [1993, s. 20]
\n
(2)Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.
\n
Rate of pension. [1981, s. 80] 86.—Subject to this Part, the weekly rate 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). [1981AM, s. 15(1)] 87.—(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 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. [1982, s. 2(6)]
\n
(2)The weekly rate of old age (contributory) pension shall be increased by the appropriate 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. [1985 (No. 2), s. 4(1)]
\n
(3)Any increase of old age (contributory) pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly. [1981, s. 81(4)]
\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 beneficiary is living alone. [1990, s. 49(a)]
\n
(5)The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained the age of 80 years.
\n
CHAPTER 13
\n
Retirement Pension Entitlement to pension. [1981, s. 83(1)] 88.—(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 89. [1981, s. 83(3)]
\n
(2)The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations. [1992, s. 11(1)]
\n
(3)In 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— (a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or (b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 his attaining the age of 65 years; “alternative 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 on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years. [1991, s. 27(1); 1993, s. 36(5)]
\n
(4)In this Chapter, “relevant person” means— (a) a person who first becomes— (i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or (ii) an insured person by virtue of section 17, on or after the 6th day of April, 1991, or (b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 89 and had periods in which he had been— (i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and (ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him. [1991, s. 24(1)]
\n
(5)For the purposes of this Chapter, in the case of a relevant person “entry into insurance” means in relation to any person whichever occurs first— (a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or (b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 89(1). [1991, s. 24(1)]
\n
(6)Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for retirement pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance. [1991, s. 24(1)]
\n
(7)Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.
\n
Conditions for receipt. [1981, s. 84(1)] 89.—(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 [1992, s. 11(2), (3)] (c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992, an alternative yearly average of not less than 48. [1981, s. 84(2)]
\n
(2)Regulations may provide for modifications of the meaning of yearly average contained in section 88(3) or of the contribution conditions set out in this section. [1981, s. 84(3)]
\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. [1992, s. 11(2)]
\n
(4)Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48. [1992, s. 11(2)]
\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 by reference to the yearly average so calculated, but any increase of that pension payable under section 91(1) or section 91(2) shall be the same as if the claimant had a yearly average of not less than 48. [1991, s. 24(2);
\n
S.I. No. 312 of 1991 , A.4]
\n
(6)Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ). [1991, s. 24(2);
\n
S.I. No. 312 of 1991 , A.4]
\n
(7)Regulations for the purposes of subsection (6) shall provide that retirement pension payable by virtue thereof shall— (a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of— (i) employment contributions paid in respect of or credited to the insured person, and (ii) voluntary contributions paid by him, reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and (b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.
\n
Rate of pension. [1981, s. 85] 90.—Subject to this Part, the weekly rate 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). [1981AM, s. 15(2)] 91.—(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 the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person. [1982, s. 2(7)]
\n
(2)The weekly rate of retirement pension shall be increased by the appropriate 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. [1985 (No. 2), s. 4]
\n
(3)Any increase of retirement pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly. [1981, s. 86(4)]
\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 beneficiary has attained pensionable age and is living alone. [1990, s. 49(b)]
\n
(5)The weekly rate of retirement pension shall be increased by the amount set out in column (8) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained the age of 80 years.
\n
CHAPTER 14
\n
Survivor's Benefit Entitlement to benefit. [1981, s. 87(1); 1985 (No. 2), s. 8] 92.—(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 87(1) or 91(1) in respect of a period ending on such death, her husband shall be entitled to survivor's benefit:
\n
Provided that he is incapable of self-support by reason of some mental or physical infirmity. [1981, s. 87(2)]
\n
(2)Survivor's benefit shall not be payable for any period after— (a) the remarriage of the beneficiary, or (b) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity. [1981, s. 87(3)]
\n
(3)A man shall be disqualified for receiving survivor's benefit if and so long as he and any other person are cohabiting as husband and wife. [1981, s. 87(4)]
\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
Rate of benefit. [1981, s. 87(1); 1985 (No. 2), s. 8] 93.—Subject to this Act, the weekly rate of survivor'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). [1981, s. 87(1); 1985 (No. 2), s. 8] 94.—(1) The weekly rate of survivor's benefit shall be increased by the appropriate 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.
\n
(2)The weekly rate of survivor's benefit shall be increased by the amount set out in column (7) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained pensionable age and is living alone.
\n
(3)The weekly rate of survivor's benefit shall be increased by the amount set out in column (8) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained the age of 80 years.
\n
CHAPTER 15
\n
Invalidity Pension Entitlement to pension. [1981, s. 88(1)] 95.—(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 96. [1981, s. 88(3)]
\n
(2)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. [1981, s. 88(4)]
\n
(3)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. [1981, s. 89(1); 1987 (No. 2), s. 9(1)] 96.—(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 260 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. [1993, s. 9(1)]
\n
(2)In this section “relevant date” means— (a) any date subsequent to the completion of 1 year of continuous incapacity for work, or (b) such lesser period as may be prescribed, subject to such conditions and in such circumstances as may be prescribed, 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. [1987, ss. 8(5), (6)(e); 1987 (No. 2), s. 9(2)]
\n
(3)In the case of person who is in receipt of invalidity pension where— (a) the period of entitlement to invalidity pension commenced before the 6th day of April, 1987, or (b) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987 but before the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days, subsection (1)(a) shall be construed as if “156” were substituted for “260”. [1987, s. 8(6)(e); 1987 (No. 2), s. 9(2)]
\n
(4)In the case of person who is in receipt of invalidity pension where— (a) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987, and before the 4th day of January, 1988, or (b) the period of entitlement to invalidity pension commenced on or after the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days, subsection (1)(a) shall be construed as if “208” were substituted for “260”. [1987 (No. 2), s. 9(3)]
\n
(5)Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work commences on or after the 7th day of July, 1988. [1981, s. 89(3)]
\n
(6)Regulations may provide for modifications of the contribution conditions set out in subsection (1).
\n
Contributions paid under National Health Insurance Acts. [1981, s. 89(4)] 97.—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
Rate of pension. [1981, s. 90] 98.—Subject to this Part, the weekly rate 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). [1981, s. 91(1)] 99.—(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. [1982, s. 2(8)]
\n
(2)The weekly rate of invalidity pension shall be increased by the appropriate 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. [1985 (No. 2), s. 4]
\n
(3)Any increase of invalidity pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly. [1981, s. 91(4)]
\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 beneficiary has attained pensionable age and is living alone. [1992, s. 5(3)]
\n
(5)The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained the age of 80 years.
\n
CHAPTER 16
\n
Widow's (Contributory) Pension Entitlement to pension. [1992, s. 12] 100.—(1) Subject to this Act, a widow shall be entitled to widow's (contributory) pension— (a) if the contribution conditions set out in section 101 are satisfied by her or by her husband's insurance, (b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1) in respect of a period ending on his death, or (c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1), but for the receipt by that woman of an old age (non-contributory) pension or a blind pension or a carer's allowance in her own right, in respect of a period ending on his death. [1981, s. 92(2)]
\n
(2)A widow's (contributory) pension shall not be payable to a woman for any period after her remarriage. [1981, s. 92(3)]
\n
(3)A widow shall be disqualified for receiving widow's (contributory) pension if and so long as she and any person are cohabiting as husband and wife. [1981, s. 92(4)]
\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. [1981, ss. 92(5), (6), 93(2)]
\n
(5)In this Chapter— “husband”, in relation to a woman who has been married more than once, refers only to her last husband; “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; “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(1)(b).
\n
Conditions for receipt. [1981, s. 93(1)] 101.—(1) The contribution conditions for 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). [1981, s. 93(3)]
\n
(2)Regulations may provide for modifications of the meaning of yearly average contained in section 100(5) or of the contribution conditions in this section. [1981, s. 93(4)]
\n
(3)Subject to subsection (4), 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. [1981, s. 93(5)]
\n
(4)Regulations for the purposes of subsection (3) 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 105(1) shall be the same as if that condition had been fully satisfied. [1993, s. 36(4)]
\n
(5)Where a person becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue thereof 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 paragraph (a) of section 9(1). [1981, s. 93(7)]
\n
(6)(a) Entitlement to 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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant. (b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, has been awarded 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 the 1st day of 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. [1981, s. 93(8)]
\n
(7)(a) Entitlement to 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 the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant. (b) A widow who under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, has been awarded 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 the 1st day of 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. [1981, s. 93(9)]
\n
(8)(a) Entitlement to 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 the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant. (b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, has been awarded 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 the 1st day of 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. [1988, s. 30(b)]
\n
(9)Subject to subsection (10), regulations may provide for entitling to widow's (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 . [1988, s. 30(b)]
\n
(10)Regulations for the purposes of subsection (9) 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 rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(b) is satisfied.
\n
Determination of date of entry into insurance for certain self-employed contributors. [1988, s. 14] 102.—For the purposes of section 101(1)(b), in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is more favourable, shall be regarded as the date of entry into insurance.
\n
Disregard of self-employment contributions in certain cases. [1993, s. 20(1)] 103.—(1) In the case of any claim for widow's (contributory) pension made on or after the 6th day of April, 1993, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to widow's (contributory) pension, the contribution conditions contained in section 101 shall not be regarded as having been satisfied unless all self-employment contributions payable by him in accordance with section 18 have been paid. [1993, s. 20(1)]
\n
(2)Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.
\n
Rate of pension. [1981, s. 94] 104.—Subject to this Act, the weekly rate 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). [1982, s. 2(9)] 105.—(1) The weekly rate of widow's (contributory) pension shall be increased by the appropriate 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. [1981, s. 95(3)]
\n
(2)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 beneficiary has attained pensionable age and is living alone. [1990, s. 49(c)]
\n
(3)The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of
\n
Part I
\n
of the second Schedule where the beneficiary has attained the age of 80 years.
\n
CHAPTER 17
\n
Orphan's (Contributory) Allowance Entitlement to allowance. [1981, s. 96] 106.—Subject to this Act, orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 107 is satisfied.
\n
Condition for receipt. [1981, s. 97(1)] 107.—(1) The contribution condition for 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. [1981, s. 97(2)]
\n
(2)Regulations may provide for modifications of the contribution condition set out in this section.
\n
Rate of allowance. [1981, s. 98] 108.—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 .
\n
Payment of allowance. [1981, s. 99(1)] 109.—(1) Subject to subsection (2), orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable. [1981, s. 99(2)]
\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 18
\n
Deserted Wife's Benefit Entitlement to benefit. [1981, s. 100(1); 1992, s. 25(1)(ae), (2)] 110.—(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) in the case of a claim made on or after the 31st day of August, 1992, does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, (d) satisfies the contribution conditions in section 111, and (e) satisfies such other conditions as may be prescribed. [1992, s. 25(1)(b)]
\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 specified in regulations. [ S.I. No. 237 of 1992 , A. 6(b)]
\n
(3)A woman shall be disqualified for receiving deserted wife's benefit if and so long as she and any person are cohabiting as husband and wife. [1981, s. 100 (4); 1992, s. 26(1)(a)]
\n
(4)In this Chapter— “relevant time” means— (a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, 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 commenced living apart from her husband, the date on which she attained that age, or (ii) the date on which she is determined to have commenced living apart from her husband; “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 111(1)(b).
\n
Conditions for receipt. [1981, s. 101(1)] 111.—(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). [1981, s. 101(3)]
\n
(2)Regulations may provide for modifications of the meaning of yearly average contained in section 110(4) or of the contribution conditions in this section. [1992, s. 26(1)(b)]
\n
(3)Subject to subsection (4), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that— (a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 110(1)(c) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or (b) the contribution condition set out in subsection (1)(b) is not satisfied. [1992, s. 26(1)(b)]
\n
(4)Regulations under subsection (3) 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— (a) the claimant has an aggregate of reckonable income and reckonable earnings in excess of the amount prescribed for the purposes of section 110(1)(c) but not in excess of the amount prescribed for the purposes of this subsection, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and (b) the contribution condition set out in subsection (1)(b) is satisfied, but any increase of the benefit payable under section 113(1) shall be the same as if the conditions set out in section 110(1)(c) and in subsection (1)(b) had been fully satisfied. [1981, s. 101(6)]
\n
(5)(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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant. (b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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. [1981, s. 101(7)]