Social Welfare Consolidation Act 2005

• Permanent Page URL

Absence from State or imprisonment.

[1993 s211(1)]

249.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part 2 (including any increase of benefit) 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, where any benefit to which a person is entitled includes an increase under section 43 (1), 66 (1), 76 (1), 112 (1), 117 (1) or 122 (1) in respect of the husband or wife of that 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 period 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 the cases that may be prescribed, be paid to the prescribed person.

(5) Regulations for the purposes of this section may be so framed as to make payment of bereavement grant, invalidity pension, retirement pension and widowed parent grant, 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 114 as periods of retirement.

(6) A person shall be disqualified for receipt of unemployment assistance, pre-retirement allowance, disability allowance or farm assist while he or she is—

(a) resident, whether temporarily or permanently, outside the State, or

(b) undergoing penal servitude, imprisonment or detention in legal custody.

(7) Subject to subsection (8), a sum shall not be paid on account of an old age (non-contributory) pension or blind pension to any person while absent from the State.

(8) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of that residence, in receipt of old age (non-contributory) pension or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7), be made until the earlier of—

(a) the expiration of 5 years from the beginning of that 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.

(9) 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, the person shall be disqualified for receiving or continuing to receive old age (non-contributory) pension or blind pension while he or she is detained in prison in consequence of the order.

(10) Except where regulations otherwise provide, a person shall be disqualified for receiving widow’s (non-contributory) pension, widower’s (non-contributory) pension, deserted wife’s allowance, prisoner’s wife’s allowance or one-parent family payment, (including, in the case of one-parent family payment, any increase for a qualified child) for any period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody.

(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any period mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a one-parent family payment, an increase in respect of a qualified child, shall, in the cases that may be prescribed, be paid to the prescribed person.

(13) (a) Where during any period a person is resident outside the State:

(i) a pension shall not be granted to or in respect of that person;

(ii) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.

(b) Nothing in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside the State—

(i) a pension being granted to or in respect of that person where a claim for that pension was made before that person became so resident, or

(ii) a pension granted by virtue of paragraph (a) being paid for any period before (but not after) that person became so resident, or

(iii) any arrears of a pension granted to or in respect of that person (being arrears due for a period before that person became so resident) being paid.

(c) In this subsection “pension” means a widow’s (non-contributory) pension, widower’s (non-contributory) pension or orphan’s (non-contributory) pension.

(14) A person shall be disqualified for receiving one-parent family payment, deserted wife’s allowance and prisoner’s wife’s allowance while he or she is resident, whether temporarily or permanently, outside the State.

(15) Child benefit shall be paid only within the State.