Social Welfare (Consolidation) Act, 1981
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Absence from the State or imprisonment. [1952, s. 31; 1966 OI, s. 1] |
129.—(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 person— | |
(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 21 (1), 32 (1), 44 , 81 (1), 86 (1) or 91 (1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife— | ||
(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) 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) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person. | ||
[1970, s. 12] | ||
(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 83 as periods of retirement. |