Social Welfare Consolidation Act 2005

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Conditions for receipt.

[1993 s32(1); 2003 s9(1)]

41.—(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant—

(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or

(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,

and

(c) that the claimant has—

(i) prescribed reckonable weekly earnings, or

(ii) in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, prescribed reckonable weekly income,

in excess of a prescribed amount in the prescribed period.

(2) In the case of a claim for disability benefit where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”.

(3) In the case of a claim for disability benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004, subsection (1)(a) shall be read as if “39” were substituted for “52”.

(4) Regulations may provide for entitling to disability benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.

(5) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3 January 1981, or would but for section 40 (2) or 46(1) have been so entitled, then, in relation to disability benefit, the benefit year which includes the first such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the condition contained in subsection (1)(b), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to that benefit has not been exhausted up to and including the 312th day in that period in respect of which the benefit has been paid.

(6) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

(7) Subject to subsection (8), regulations may provide for entitling to disability benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied.

(8) Regulations under subsection (7) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 and the rate specified by the regulations may vary with the extent to which either of the conditions set out in subsection (1)(c) is satisfied.

(9) The requirement contained in subsection (1)(b)(i) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work beginning before 1 July 1992.

(10) The requirement contained in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for disability benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.

(11) In the case of any claim for disability benefit, where, at the time of application for that benefit, the claimant—

(a) is in receipt of or entitled to unemployment assistance under section 142 (1)(a), and

(b) has qualifying contributions in respect of not less than 260 weeks,

subsection (1)(b)(i) shall be read as if “39 contribution weeks” were substituted for “39 contribution weeks, of which at least 13 must be qualifying contributions” and subsection (1)(c) shall not apply.

(12) In the case of any claim for disability benefit where, on the date immediately before the claim, a person was in receipt of or entitled to occupational injury benefit, subsection (1)(b)(i) shall be read as if “in the second last or third last complete contribution year” were substituted for “in the second last complete contribution year”.