Social Welfare (Consolidation) Act, 1993

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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)]

(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)]

(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)]

(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)]

(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)]

(6) (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 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 deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, 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 April, 1975, 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(8)]

(7) (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 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 deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, 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 October, 1977, 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.

[1988, s. 30(c)]

(8) Subject to subsection (9), regulations may provide for entitling to deserted wife's benefit 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(c)]

(9) Regulations for the purposes of subsection (8) 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 the contribution condition set out in subsection (1)(b)(ii) is satisfied.