Social Welfare (Consolidation) Act, 1981

Disqualifications.

[1911 OAP, s. 5; 1932 OAP, s. 4; 1960 MP, s. 7]

163.—(1) A sum shall not be paid on account of an old age pension—

(a) to any person while absent from the State, or

(b) if payment of the sum is not obtained within 3 months or, in any case where the Minister so thinks fit, 6 months after the date on which it has become payable.

[1960 MP, s. 6]

(2) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age pension, payment of the pension may, notwithstanding anything contained in subsection (1) (a) but subject to subsection (1).(b), be made until either—

(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

[1908 OAP, s. 3; 1919 OAP, s. 10]

(3) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age pension while he is detained in prison in consequence of the order.

[1960 AM, s. 20]

(4) Except as provided in section 160 , receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age pension.

(5) A person to whom benefit under section 87 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1) shall, except as provided in section 160 , be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age pension.

[1974 (No. 2), s. 22]

(6) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 160 , be disqualified for receiving old age pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.