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Social Welfare Act, 1952
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1952
Social Welfare Act, 1952
Social Welfare Act, 1952
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Number 11 of 1952.
SOCIAL WELFARE ACT, 1952.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Interpretation.
3.
General provisions as to regulations.
PART II.
Insured Persons and Contributions.
4.
Insured persons.
5.
General provision as to moneys for benefits, etc.
6.
Contributions generally.
7.
Exception from liability for, and crediting of, contributions.
8.
Regulations as to payment of contributions.
9.
Return of sums paid in error by way of contributions.
10.
Preparation and issue of insurance stamps, etc.
11.
Persons employed by more than one employer, etc.
12.
Modifications in the case of persons in certain employments.
13.
Modifications in the case of insured persons outside the State.
PART III.
Benefit.
Prelimnary.
14.
Descriptions and rates of benefit and contribution conditions.
Disability and Unemployment Benefit.
15.
Right to disability and unemployment benefit.
16.
Exhaustion of and requalification for benefit.
17.
Disqualifications and special conditions.
Marriage Benefit.
18.
Marriage benefit.
Maternity Benefit.
19.
Maternity grants.
20.
Maternity allowance.
21.
Supplementary provisions as to maternity benefit.
Widow's (Contributory) Pension.
22.
Widow's (contributory) pension.
Orphans' (Contributory) Allowance.
23.
Orphan's (contributory) allowance.
24.
Payment of orphan's (contributory) allowance.
Treatment Benefit.
25.
Treatment benefit.
Additional Rights to Benefit.
26.
Increase of benefit for adult dependants.
27.
Increase of benefit for qualified child or each of two qualified children.
28.
Partial satisfaction of contribution conditions.
Miscellaneous Provisions as to Benefit.
29.
Claims and notices.
30.
Disqualifications arising for woman on her marriage.
31.
Absence from the State or imprisonment.
32.
Overlapping benefits, etc.
33.
Benefit to be inalienable.
34.
Exclusions in assessment of damages, etc.
Supplementary.
35.
Proceedings for benefit lost by employer's default.
36.
Provisions as to maintenance.
37.
Special provisions for voluntary contributors.
38.
Free certificates.
PART IV.
Finance, Administration and Legal Proceedings.
Finance.
39.
Social Insurance Fund.
40.
Expenses of Minister, etc.
Administration.
41.
Deciding officers.
42.
Decisions by deciding officers.
43.
Appeals officers.
44.
Appeals and references to appeals officers.
45.
Reference or appeal to High Court.
46.
Revision of decisions.
47.
Administration of benefit.
48.
Interim payments, arrears and repayments.
49.
Inspectors.
50.
Birth, marriage and death certificates.
51.
Exemption from stamp duty.
Legal Proceedings.
52.
General provisions as to offences.
53.
General provisions as to prosecutions.
54.
Recovery of sums due to the Fund by civil proceedings.
55.
Application of Probation of Offenders Act, 1907.
56.
Certificate of decision by deciding officer or appeals officer.
57.
Effect of decision under the Act.
58.
Priority of employment contributions in winding up and bankruptcy.
59.
Married woman.
PART V.
Miscellaneous.
60.
Grants to funds of superannuation schemes.
61.
Widows' and orphans' (non-contributory) pensions.
62.
Provisions in respect of home assistance to beneficiaries.
63.
Application of Pension Books (Prohibition of Alienation) Act, 1932.
64.
Reciprocal arrangements.
65.
Incorporated Insurance Industry Unemployment Insurance Board.
66.
Termination and repeal of existing insurance codes and continuity of insurance and benefit.
67.
Transfers to the Fund in certain cases.
68.
Amendment of certain Acts.
69.
Power to make further consequential and transitional provisions, etc.
70.
Special provision for persons formerly insured voluntarily.
71.
Power to remove difficulties.
72.
Appointed day.
PART VI.
Additional Provisions.
Chapter I.
General.
73.
Act of 1948.
74.
Collective citations.
75.
Overlapping pensions, etc.
Chapter II.
Amendments of Old Age Pensions Acts, 1908 to 1951.
76.
Interpretation (Chapter II, Part VI).
77.
Rates of pensions.
78.
Review and prospective adjustment of pensions.
79.
Maximum pension for certain widows.
80.
Amendment of statutory condition as to residence.
81.
Attainment of age.
82.
Saver.
83.
Reciprocal arrangements.
84.
Application of certain provisions of this Act.
Chapter III.
Amendments of National Health Insurance Acts, 1911 to 1950.
85.
Interpretation (Chapter III, Part VI).
86.
Rates of sickness and disablement benefits.
87.
Rates of contributions.
Chapter IV.
Amendments of Unemployment Insurance Acts, 1920 to 1948.
88.
Interpretation (Chapter IV, Part VI).
89.
Amendment of paragraph 1 of Second Schedule to Principal Act.
90.
Amendment of section 1 of Unemployment Insurance Act, 1922, and paragraph 4 of Second Schedule to Scheme.
91.
Alteration of rates of contributions.
92.
Cesser.
Chapter V.
Amendments of Unemployment Assistance Acts, 1933 to 1948.
93.
Interpretation (Chapter V, Part VI).
94.
Amendment of section 10 of Principal Act.
95.
Amendment of section 15 of Principal Act.
96.
Amendment of section 19 of Principal Act.
97.
Alteration of rates of unemployment assistance.
98.
Amendment of section 4 of Act of 1935.
99.
Attainment of age.
100.
Residence.
101.
Application of certain provisions of this Act.
Chapter VI.
Amendments of Widows' and Orphans' Pensions Acts, 1935 to 1948.
102.
Interpretation (Chapter VI, Part VI).
103.
Composition and rates of widows' (contributory) pensions.
104.
Rates of orphans' (contributory) pensions.
105.
Composition and rates of widows' (non-contributory) pensions.
106.
Rates of orphans' (non-contributory) pensions.
107.
Amendment of section 38 of and Second Schedule to Principal Act.
108.
Amendment of section 40 of Principal Act.
109.
Amendment of section 3 of Principal Act.
110.
Amendment of section 11 of Principal Act.
111.
Amendment of section 14 of Principal Act.
112.
Amendment of section 21 of Principal Act.
113.
Amendment of section 23 of Principal Act.
114.
Amendment of section 24 of Principal Act.
115.
Amendment of section 26 of Principal Act.
116.
Cesser of section 28 of Principal Act
117.
Amendment of section 30 of Principal Act.
118.
Amendment of section 33 of Principal Act.
119.
Saver.
120.
Attainment of age.
121.
Application of certain provisions of this Act.
Chapter. VII.
Amendment of Insurance (Intermittent Unemployment) Act, 1942.
122.
Amendment of Insurance (Intermittent Unemployment) Act, 1942.
123.
Application of certain provisions of this Act.
FIRST SCHEDULE.
Employments and Excepted Employments
Part I.
Employments.
Part II.
Excepted Employments.
SECOND SCHEDULE.
Rates of Employment Contributions.
THIRD SCHEDULE.
Rate or Amount of Benefit
Part I.
Rates of periodical benefits and of increases thereof.
Part II.
Amount of grants.
FOURTH SCHEDULE.
Contribution Conditions
FIFTH SCHEDULE.
Enactments Repealed
SIXTH SCHEDULE.
Amendments of Certain Enactments
Part I.
Amendments of
Unemployment Assistance Act, 1933
(No. 46 of 1933).
Part II.
Amendment of
Unemployment Assistance (Amendment) Act, 1935
(No. 38 of 1935).
Part III.
Amendments of
Insurance (Intermittent Unemployment) Act, 1942
(No. 7 of 1942).
SEVENTH SCHEDULE.
Rules as to Calculation of Means
Acts Referred to
Children's Allowances (Amendment) Act, 1946
No. 8 of 1946
Illegitimate Children (Affiliation Orders) Act, 1930
No. 17 of 1930
Workmen's Compensation Act, 1934
No. 9 of 1934
Widows' and Orphans' Pensions Act, 1935
No. 29 of 1935
Pension Books (Prohibition of Alienation) Act, 1932
No. 1 of 1932
Social Welfare Act, 1950
No. 14 of 1950
Unemployment Assistance Act, 1933
No. 46 of 1933
Insurance (Intermittent Unemployment) Act, 1942
No. 7 of 1942
Old Age Pensions Act, 1924
No. 19 of 1924
Social Welfare Act, 1951
No. 16 of 1951
Old Age Pensions Act, 1932
No. 18 of 1932
Unemployment Assistance (Amendment) Act, 1935
No. 38 of 1935
Unemployment Assistance (Amendment) Act, 1940
No. 4 of 1940
Superannuation Act, 1936
No. 39 of 1936
Public Assistance Act, 1939
No. 27 of 1939
Health Act, 1947
No. 28 of 1947
Social Welfare Act, 1948
No. 17 of 1948
Widows' and Orphans' Pensions Act, 1937
No. 11 of 1937
Number 11 of 1952.
SOCIAL WELFARE ACT, 1952.
AN ACT TO ESTABLISH A CO-ORDINATED SYSTEM OF SOCIAL INSURANCE AND TO PROVIDE FOR THE BENEFITS THEREUNDER, TO REPEAL, AMEND OR EXTEND THE EXISTING ENACTMENTS RELATING TO NATIONAL HEALTH INSURANCE, UNEMPLOYMENT INSURANCE, OLD AGE PENSIONS, WIDOWS' AND ORPHANS' PENSIONS, UNEMPLOYMENT ASSISTANCE AND INTERMITTENT UNEMPLOYMENT INSURANCE, AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [14th June, 1952.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
PART I.
Preliminary and General.
Short title.
1.âThis Act may be cited as the Social Welfare Act, 1952.
Interpretation.
2.â(1) In this Act, save where the context otherwise requiresâ
âagricultureâ includes dairy-farming and the use of land as grazing, meadow, or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds;
âappeals officerâ means a person holding office as an appeals officer under section 43;
âthe appointed dayâ has the meaning assigned to it in section 72;
âbeneficiaryâ means a person entitled to benefit;
âbenefitâ means benefit under this Act;
âbenefit yearâ means, in relation to any person, such period of fifty-two or fifty-three contribution weeks as may be prescribed;
âcontribution weekâ means a period of seven days commencing from midnight on Sunday, and âcontribution yearâ means, in relation to any person, such period of fifty-two or fifty-three contribution weeks as may be prescribed;
âdeciding officerâ means a person holding office as a deciding officer under section 41;
âdomestic serviceâ does not include service which is rendered otherwise than in relation to an employer's household and place of residence;
âemployed contributorâ has the meaning assigned to it in subsection (1) of section 4;
âemployer's contributionâ has the meaning assigned to it in section 5;
âemployment contributionsâ has the meaning assigned to it in section 5;
âentry into insuranceâ means, in relation to any person, the date on which he becomes an insured person;
âthe Fundâ has the meaning assigned to it in subsection (1) of section 39;
âincapable of workâ means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable;
âincreaseâ means, in relation to any benefit, an increase under section 26 or section 27;
âinspectorâ means a person holding office as an inspector under section 49;
âinsurance cardsâ has the meaning assigned to it in subsection (1) of section 8;
âinsurance stampsâ has the meaning assigned to it in subsection (1) of section 8;
âinsurable employmentâ means employment such that a person, over the age of sixteen years and under pensionable age, employed therein would be an employed contributor;
âinsured personâ means a person insured under this Act;
âthe Ministerâ means the Minister for Social Welfare;
âorphanâ meansâ
(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or
(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband;
âpensionable ageâ means the age of seventy;
âprescribedâ means prescribed by regulations;
âqualified childâ means a person whoâ
(a) is under the age of sixteen,
(b) is ordinarily resident in the State, and
(c) is not detained in a reformatory or an industrial school;
âregulationsâ means regulations made by the Minister under this Act;
ârelevant contribution conditionsâ in relation to benefit of any description, means the contribution conditions for benefit of that description;
âvoluntary contributionsâ has the meaning assigned to it in section 5;
âvoluntary contributorâ has the meaning assigned to it in section 4.
(2) For the purposes of this Actâ
(a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age;
(b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age;
(c) a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age;
(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week.
(3) Any reference in this Act to contributions shall, where the reference is without qualification, be construed, save where the context otherwise requires, as including both a reference to employment contributions and a reference to voluntary contributions.
(4) Regulations may, as respects any class or description of insurable employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.
(5) References in this Act to an employed contributor's employer shall not be construed as including his employer in any employment other than insurable employment.
(6) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act, be decided in accordance with subsection (2) of
section 5
of the
Children's Allowances (Amendment) Act, 1946
(No. 8 of 1946), and the rules under that subsection.
(7) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the passing of this Act), for the purposes of this Actâ
(a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and
(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of âorphanâ contained in subsection (1) of this section, âthe parent of whom is deadâ shall be substituted in paragraph (a) of that definition for âboth of whose parents are deadâ.
(8) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.
General provisions as to regulations.
3.â(1) The Minister may make regulationsâ
(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and
(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercisedâ
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases, or classes of case, and
(b) so as to make as respects the cases in relation to which it is exercisedâ
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
(iii) any such provision either unconditionally or subject to any specified condition.
(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.
(4) The following shall be subject to the sanction of the Minister for Finance:â
(a) regulations for the purposes of
section 12
,
section 28
, subsection (2) of
section 37
,
section 60
,
section 66
, or subsection (1) of
section 69
of this Act,
(b) regulations for the purposes of
section 8
of this Act so far as the regulations relate to the fees referred to in subsection (2) of that section,
(c) an order for the purposes of
section 64
,
section 71
,
section 72
or
section 83
of this Act,
(d) a draft of regulations under subsection (6) of section 4, subsection (9) of section 6 or subsection (4) of section 14.
(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next twenty-one days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
PART II.
Insured Persons and Contributions.
Insured persons.
4.â(1) Subject to the provisions of this Actâ
(a) every person who on or after the appointed day, being over the age of sixteen years and under pensionable age, is employed in any of the employments specified in
Part I
of the
First Schedule
to this Act, not being an employment specified in Part II of that Schedule, shall be an employed contributor for the purposes of this Act, and
(b) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.
(2) Subject to the provisions of this Act, where a person ceases to be an employed contributor otherwise than by reason of attaining pensionable age and not less than one hundred and fifty-six employment contributions have been paid in respect of him, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as a voluntary contributor).
(3) A voluntary contributor shall, if he becomes an employed contributor, cease to be a voluntary contributor.
(4) Regulations may provide for including among employed contributors persons employed in any of the employments specified in
Part II
of the
First Schedule
to this Act.
(5) Regulations may provide forâ
(a) excluding particular employments or any classes of employment from the employments specified in
Part I
of the
First Schedule
to this Act, or
(b) adding to the employments so specified particular employments or any classes of employment,
and, where the Minister considers that any modifications of this Act are appropriate having regard to the purpose for which the regulations are made, the regulations may make those modifications.
(6) Where regulations are proposed to be made for the purposes of subsection (4) or subsection (5) of this section, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
General provision as to moneys for benefits, etc.
5.âFor the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which under this Act are to be made out of the Fund, there shall beâ
(a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor,
(b) contributions (in this Act referred to as voluntary contributions) in respect of voluntary contributors, and
(c) payments out of moneys provided by the Oireachtas.
Contributions generally.
6.â(1) Employment contributions shall be weekly contributions which shall be paid by employed contributors and employers of employed contributors at the rates specified in the
Second Schedule
to this Act.
(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate of one shilling and sixpence for a contribution week in the case both of male voluntary contributors and of female voluntary contributors.
(3) Employment contributions and voluntary contributions shall be paid into the Fund.
(4) An employment contribution shall be payable for each contribution week during the whole or any part of which an employed contributor has been employed by an employer, butâ
(a) where one contribution has been paid in respect of an employed contributor for any such week, no further contribution shall be payable in respect of him for the same week, and
(b) where no remuneration has been received for, and no services have been rendered by an employed contributor during, any such week, or where no services have been rendered by an employed contributor during any such week and the employed contributor has been in receipt of disability benefit or maternity allowance for the whole or any part of that week, the employer shall not be liable to pay any contribution either on his own behalf or on behalf of the employed contributor for that week.
(5) The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.
(6) An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor, and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide thatâ
(a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and
(b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.
(7) Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.
(8) Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.
(9) Regulations may alter the rates of employment or voluntary contributions, but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
Exception from liability for, and crediting of, contributions.
7.âRegulations may provide forâ
(a) making exceptions from the liability to pay contributions for any specified periods, and
(b) crediting contributions to insured persons for any specified periods, including, in particularâ
(i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a) of this section, and
(ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.
Regulations as to payment of contributions.
8.â(1) Subject to the provisions of this Act, regulations may provide for any matters incidental to the payment and collection of contributions and in particular forâ
(a) payment of contributions by means of adhesive stamps (in this Act referred to as insurance stamps) affixed to cards (in this Act referred to as insurance cards) or otherwise, and for regulating the manner, times, and conditions in, at, and under which insurance stamps are to be affixed or payments are otherwise to be made;
(b) the issue, custody, production, and surrender of insurance cards and the replacement of insurance cards which have been lost, destroyed, or defaced;
(c) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid;
(d) the recovery (without prejudice to any other remedy), on prosecutions brought under or by virtue of this Act, of contributions.
(2) Regulations for the purposes of this section providing for the payment of contributions, at the option of the persons liable to pay, eitherâ
(a) by means of insurance stamps, or
(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of insurance stamps,
may include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees.
(3) The Public Offices Fees Act, 1879, shall not apply in respect of the fees referred to in subsection (2) of this section and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.
Return of sums paid in error by way of contributions.
9.âRegulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions.
Preparation and issue of insurance stamps, etc.
10.â(1) Subject to subsection (2) of this section, insurance stamps shall be prepared and issued in such manner as the Revenue Commissioners, with the consent of the Minister for Finance, may direct, and the said Commissioners may, by regulations made by them, provide for applying, with the necessary adaptations, as respects insurance stamps, all or any of the provisions, including penal provisions, of the following enactments, that is to say,
sections 21
,
35
and
36
of the
Inland Revenue Regulation Act, 1890
, the Stamp Duties Management Act, 1891, section 9 of the Stamp Act, 1891, and
section 65
of the
Post Office Act, 1908
, and may, with the consent of the Minister for Posts and Telegraphs, provide for the sale of insurance stamps through the Post Office.
(2) The Government may by order provide that any powers and duties of the Revenue Commissioners with reference to insurance stamps shall be exercised and performed by the Minister for Posts and Telegraphs, either to the exclusion of the Revenue Commissioners or concurrently with the Revenue Commissioners, and any such order may contain such provisions as appear to the Government to be necessary or expedient for giving full effect to the exercise and performance of the duties to which such order relates in the manner provided by such order.
Persons employed by more than one employer, etc.
11.â(1) In relation to persons whoâ
(a) are employed by more than one employer in any contribution week, or
(b) work under the general control or management of some person other than their immediate employer,
and in relation to any other cases for which it appears to the Minister that special provision is needed, regulations may provide that for the purposes of this Act the prescribed person shall be treated as their employer.
(2) The regulations made by virtue of paragraph (b) of subsection (1) of this section may provide for adjusting the rights between themselves of the person prescribed as the employer, the immediate employer and the persons employed.
Modifications in the case of persons in certain employments.
12.â(1) Regulations may modify the provisions of this Act in their application in the case ofâ
(a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6 and 7 of
Part I
of the
First Schedule
to this Act, or
(b) persons employed in a statutory transport undertaking, or
(c) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or
(d) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or
(e) persons employed as members of the Army Nursing Service.
(2) The provisions of this section are without prejudice to the generality of any other provision of this Act providing for regulations.
Modifications in the case of insured persons outside the State.
13.â(1) Regulations may modify the provisions of this Act in their application in the case of persons who are or have been outside the State while insured under this Act.
(2) The modifications which may be made by regulations for the purposes of this section shall, in particular, include the deletion of the words âin the Stateâ in paragraph 1 of
Part I
of the
First Schedule
to this Act.
(3) The provisions of this section are without prejudice to the generality of any other provision of this Act providing for regulations.
PART III.
Benefit.
Preliminary.
Descriptions and rates of benefit and contribution conditions.
14.â(1) Benefit shall be of the following descriptions:â
(a) disability benefit,
(b) unemployment benefit,
(c) marriage benefit, which shall consist of marriage grant,
(d) maternity benefit, which shall comprise maternity grant and maternity allowance,
(e) widow's (contributory) pension,
(f) orphan's (contributory) allowance.
(2) Subject to
section 25
of this Act and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1) of this section, also include treatment benefit.
(3) Subject to the provisions of this Actâ
(a) the weekly rates of the several descriptions of benefit set out in the first column of
Part I
of the
Third Schedule
to this Act shall be as set out in the second column of the said Part I and the amount of a marriage grant or a maternity grant shall be as set out in Part II of that Schedule,
(b) the contribution conditions for the several descriptions of benefit (other than treatment benefit) shall be as set out in the
Fourth Schedule
to this Act.
(4) Regulations may provide for modifications of any of the contribution conditions set out in the
Fourth Schedule
to this Act, but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
(5) Benefit shall be paid or provided for out of the Fund.
Disability and Unemployment Benefit
Right to disability and unemployment benefit.
15.â(1) Subject to the provisions of this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work which forms part of a period of interruption of employment, and to unemployment benefit in respect of any day of unemployment which forms part of such a period, ifâ
(a) he is under pensionable age on the day for which the benefit is claimed, and
(b) he satisfies the relevant contribution conditions.
(2) A person shall not be entitled to disability benefit or unemployment benefit for the first three days of any period of interruption of employment.
(3) For the purposes of any provision of this Act relating to disability or unemployment benefitâ
(a) a day shall not be treated in relation to an insured personâ
(i) as a day of incapacity for work unless on that day he is incapable of work,
(ii) as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,
(b) âday of interruption of employmentâ means a day which is a day of incapacity for work or of unemployment,
(c) any three days of interruption of employment, whether consecutive or not, within a period of six consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than thirteen weeks shall be treated as one period of interruption of employment,
(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.
(4) Regulations may make provision (subject to subsection (3) of this section) as to the days which are or are not to be treated for the purposes of disability benefit and unemployment benefit as days of incapacity for work or of unemployment.
(5) The amount payable by way of benefit for any day of incapacity for work or of unemployment shall be one sixth of the appropriate weekly rate.
Exhaustion of and requalification for benefit.
16.â(1) Where as respects a personâ
(a) in respect of the period between his entry into insurance and any day of incapacity for work, less than one hundred and fifty-six employment contributions have been paid in respect of him, and
(b) before that day he has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for three hundred and twelve days,
he shall not be entitled to disability benefit for that day unless since the last of the said three hundred and twelve days and before that day he has requalified for benefit.
(2) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for one hundred and fifty-six days shall not thereafter be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over sixty-five years of age, not less than one hundred and fifty-six employment contributions have been paid in respect of the period between his entry into insurance and the day for which unemployment benefit is claimed.
(3) Where a person has exhausted his right to either of the said benefitsâ
(a) he shall requalify therefor when thirteen employment contributions have been paid in respect of him in respect of contribution weeks begun or ended since the last day for which he was entitled to that benefit,
(b) on his requalifying therefor, subsection (1) or (2), as the case may be, of this section shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
(4) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
Disqualifications and special conditions.
17.â(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding six weeks as may be determined under the provisions of this Act ifâ
(a) he has become incapable of work through his own misconduct, or
(b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.
(2) 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.
(3) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of the immediately preceding subsection, be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding six weeks as may be determined under the provisions of this Act ifâ
(a) he has lost his employment through his own misconduct, or has voluntarily left his employment without just cause, or
(b) he has refused an offer of suitable employment, or
(c) he has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,
and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.
(5) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of disability benefit or unemployment benefit and restrictions or 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.
(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 eitherâ
(a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute, or
(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or
(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees, or; failing such agreement, than those generally recognised in that district by good employers.
(7) In this section, âtrade disputeâ means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.
Marriage Benefit.
Marriage benefit.
18.âSubject to the provisions of this Act, a woman shall be entitled on marriage to marriage benefit if she satisfies the relevant contribution conditions.
Maternity Benefit.
Maternity grants.
19.â(1) Subject to the provisions of this Act, a woman who has been confined shall be entitledâ
(a) if she satisfies the relevant contribution conditions and her husband does not or if her husband satisfies the relevant contribution conditions and she does notâto one maternity grant, and
(b) if she satisfies the relevant contribution conditions and her husband also satisfies themâto two maternity grants.
(2) For the purposes of this section, âhusbandâ includes a widow's late husband, where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.
Maternity allowance.
20.â(1) Subject to the provisions of this Act, a woman shall be entitled to a maternity allowance ifâ
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as the expected week of confinement), not being more than the prescribed number of weeks after that in which the certificate is given, and
(b) she satisfies the relevant contribution conditions.
(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of twelve weeks beginning with the sixth week before the end of the expected week of confinement, butâ
(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,
(b) if the date of the confinement occurs before or after the expected week of confinement, the allowance shall, subject to paragraph (a) of this subsection, be payable until the expiration of the sixth week after the week in which that date occurs and no longer.
(3) Regulations may modify subsections (1) and (2) of this section in relation to cases whereâ
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and
(b) no such certificate as is referred to in paragraph (a) of the said subsection (1) has been given.
(4) Regulations may provide for disqualifying a woman for receiving a maternity allowance ifâ
(a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or
(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.
(5) In this section, âweekâ means a contribution week.
Supplementary provisions as to maternity benefit.
21.â(1) For the purposes of the provisions of this Act relating to maternity benefitâ
(a) âconfinementâ means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead, and âconfinedâ shall be construed accordingly,
(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.
(2) In deciding whether or not he shall make an order under the
Illegitimate Children (Affiliation Orders) Act, 1930
(No. 17 of 1930), for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.
Widow's (Contributory) Pension.
Widow's (contributory) pension.
22.â(1) Subject to the provisions of this Act, a widow shall be entitled to a widow's (contributory) pension if the relevant contribution conditions are satisfied by her or by her husband's insurance, but she shall not be entitled to the benefit by virtue both of her own and of her husband's insurance.
(2) A widow's (contributory) pension shall not be payable for any period after the remarriage of the widow or after she attains pensionable age.
(3) A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife.
(4) In this section, âthe husbandâ, in relation to a woman who has been married more than once, refers only to her last husband.
Orphan's (Contributory) Allowance.
Orphan's (contributory) allowance.
23.âSubject to the provisions of this Act, an orphan's (contributory) allowance shall be payable in respect of an orphan if the relevant contribution condition is satisfied.
Payment of orphan's (contributory) allowance.
24.â(1) Subject to the provisions of this section, an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.
(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.
Treatment Benefit.
Treatment benefit.
25.â(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.
(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following:â
(a) dental treatment,
(b) hospital and convalescent home treatment,
(c) medical and surgical appliances,
(d) optical treatment and appliances,
(e) specialist medical and specialist surgical treatment,
(f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.
(3) The payments referred to in subsection (2) of this section shall not exceed in the aggregate such sums (subject to a limit of five hundred thousand pounds in each financial year) as may from time to time be agreed upon between the Minister and the Minister for Finance.
(4) This section shall remain in force until the day appointed under the next following subsection and shall then expire.
(5) The Minister may by order appoint a day to be the day on which this section expires.
Additional Rights to Benefit.
Increase of benefit for adult dependants.
26.âThe weekly rate of disability benefit or unemployment benefit shall be increased by the amount set out in column (3) of
Part I
of the
Third Schedule
to this Act for any period during whichâ
(a) the beneficiary is living with or wholly or mainly maintaining his wife, or
(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or
(c) the beneficiary, being a single man or a widower, is maintaining wholly or mainly a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him,
subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this section in respect of more than one person specified in paragraph (c) of this section.
Increase of benefit for qualified child or each of two qualified children.
27.â(1) The weekly rate of disability benefit or unemployment benefit shall be increased by the amount set out in column (4) of
Part I
of the
Third Schedule
to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary.
(2) The weekly rate of a widow's (contributory) pension shall be increased by the amount set out in column (4) of
Part I
of the
Third Schedule
to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and whoâ
(a) normally resided with her or the husband immediately before the death of the husband, or
(b) being a child or step-child, or children or step-children, of the husband, became normally resident with her subsequent to the death of the husband.
(3) In this section, âthe husbandâ, in relation to a woman who has been married more than once, refers only to her last husband.
Partial satisfaction of contribution conditions.
28.â(1) Subject to the provisions of this section, regulations may provide for entitling to disability benefit, unemployment benefit or marriage benefit persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the number of contributions paid or credited in a contribution year.
(2) Regulations for the purposes of this section shall provide that benefit payable by virtue thereof shall be payable at a rate, or shall be of an amount, less than that specified in the
Third Schedule
to this Act, and the rate or amount specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit in respect of a qualified child shall be the same as if the relevant contribution conditions had been fully satisfied.
Miscellaneous Provisions as to Benefit.
Claims and notices.
29.â(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.
(2) Regulations may provide for disqualifying a personâ
(a) for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, and
(b) for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time,
but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.
(3) For the purposes of this Part of this Act any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.
Disqualifications arising for woman on her marriage.
30.âWhere a woman marries, she shall be disqualified for receiving maternity benefit (by virtue of her own insurance), disability benefit, unemployment benefit and treatment benefit until twenty-six employment contributions have been paid in respect of her subsequent to her marriage.
Absence from the State or imprisonment.
31.â(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that personâ
(a) is absent from the State, or
(b) is undergoing penal servitude imprisonment or detention in legal custody.
(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under
section 26
of this Act in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wifeâ
(a) is absent from the State, or
(b) is undergoing penal servitude, imprisonment or detention in legal custody.
(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) of this section which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.
(4) Notwithstanding a disqualification by virtue of subsection (1) of this section for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.
Overlapping benefits, etc.
32.â(1) Regulations may, with respect to cases in which more than one benefit or a benefit and any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provideâ
(a) for adjusting any benefit or any pension, allowance or assistance such as aforesaid (including disallowing payment thereof either wholly or partly) that may be payable to such person, or
(b) for recoupment from the Fund to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received.
For the purposes of this subsectionâ
(i) an increase of benefit may be regarded as a separate benefit, and
(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.
(2) Regulations may provide for recoupment from the Fund to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which benefit was not received.
(3) Regulations may, with respect to cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide forâ
(a) adjusting conditions for receipt of benefit,
(b) suspending the payment of benefit,
(c) reducing rates of benefit, or
(d) paying benefit otherwise than to that person.
(4) Regulations may provide for adjusting any disability benefit (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.
(5) Regulations may, with respect to cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provideâ
(a) for adjusting disability benefit (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or
(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.
(6) In subsection (5) of this sectionâ
âWorkmen's Compensation Actsâ means the Workmen's Compensation Acts, 1934 and 1948, or the enactments repealed by the
Workmen's Compensation Act, 1934
(No. 9 of 1934), or the enactments repealed by the Workmen's Compensation Act, 1906,
the reference to a person having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.
Benefit to be inalienable.
33.â(1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of the beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors.
(2) Any sum received by any person by way of benefit shall not be included in calculating his means for the purposes of section 6 of the Debtors Act (Ireland), 1872.
Exclusions in assessment of damages, etc.
34.â(1) In assessing damages in any action under the Fatal Accidents Acts, 1846 to 1908, whether commenced before or after the appointed day, there shall not be taken into account any widow's (contributory) pension or orphan's (contributory) allowance payable under this Act.
(2) In assessing damages in any action under the Employers' Liability Act, 1880, or at common law in respect of injury or disease or in computing the amount of compensation under sub-clause (ii) of clause (a) of paragraph (1) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the
Second Schedule
to the
Workmen's Compensation Act, 1934
(No. 9 of 1934), whether proceedings to recover such damages or compensation have been commenced before or after the appointed day, there shall not be taken into account any benefit.
Supplementary.
Proceedings for benefit lost by employer's default.
35.â(1) Where an employer has failed or neglectedâ
(a) to pay any employment contribution which under this Act he is liable to pay in respect of an employed contributor in his employment, or
(b) to comply, in relation to any such employed contributor, with any requirement of this Act or regulations which relates to the payment or collection of employment contributions,
and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.
(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) of this section and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.
(3) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Act in respect of the same failure or neglect.
Provisions as to maintenance.
36.âRegulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part of this Act to be wholly or mainly maintaining another person.
Special provisions for voluntary contributors.
37.â(1) Notwithstanding any other provision of this Act, but subject to subsection (2) of this section, a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, marriage benefit, maternity benefit or treatment benefit.
(2) Notwithstanding subsection (1) of this section, any benefit mentioned in subsection (1) of this section may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.
Free certificates.
38.â(1) The Minister may arrange for the issue for the purposes of this Act of medical certificates or certificates of expected or actual confinement free of charge.
(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.
PART IV.
Finance, Administration and Legal Proceedings.
Finance.
Social Insurance Fund.
39.â(1) âŠ
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.