Social Welfare (Consolidation) Act, 1981

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Number 1 of 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Social Insurance

CHAPTER 1

Insured Persons, Contributions and Benefits

Insured Persons

Contributions

Benefits

CHAPTER 2

Disability Benefit

CHAPTER 3

Maternity Allowance

CHAPTER 4

Unemployment Benefit

CHAPTER 5

Occupational Injury Benefits

Preliminary

Insurable Employment

Benefits

Occupational Accidents

Miscellaneous

CHAPTER 6

Pay-Related Benefit

CHAPTER 7

Old Age (Contributory) Pension

CHAPTER 8

Retirement Pension

CHAPTER 9

Survivor's Benefit

CHAPTER 10

Invalidity Pension

CHAPTER 11

Widow's (Contributory) Pension

CHAPTER 12

Orphan's (Contributory) Allowance

CHAPTER 13

Deserted Wife's Benefit

CHAPTER 14

Maternity Grant

CHAPTER 15

Death Grant

CHAPTER 16

Treatment Benefit

CHAPTER 17

Administration, Legal Proceedings and Finance

Administration

Legal Proceedings

Finance

CHAPTER 18

Miscellaneous Provisions

PART III

Social Assistance

CHAPTER 1

Preliminary

CHAPTER 2

Unemployment Assistance

CHAPTER 3

Old Age And Blind Pensions (Non-Contributory)

Old Age Pension

Blind pension

CHAPTER 4

Windows's And Orphan's Pensions (Non-Contributory)

Window's Pension

Orphan's Pension

Miscellaneous

CHAPTER 5

Allowances for Certain Women

CHAPTER 6

Supplementary Welfare Allowance

PART IV

Children's Allowances

PART V

Intermittent Unemployment Insurance

Preliminary and General

Insured Persons and Contributions

Supplementary Benefit

Administration

PART VI

School Meals and Fuel Schemes

CHAPTER 1

School Meals (National Schools)

CHAPTER 2

Meals (other than in National Schools)

CHAPTER 3

School Meals (Gaeltacht)

CHAPTER 4

Fuel Scheme

PART VII

Alienation of Books and Documents

PART VIII

Decisions, Appeals and Miscellaneous

Decisions and Appeals

Miscellaneous

PART IX

Commencement, Repeals and Continuance

FIRST SCHEDULE

Employments and Excepted Employments

PART I

Employments

PART II

Excepted Employments

SECOND SCHEDULE

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits—Gratuities and Grants

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Reduced Rates of Injury Benefit and Disablement Pension

PART VI

Amounts of Maternity and Death Grants

THIRD SCHEDULE

Rules as to Calculation of Means

FOURTH SCHEDULE

Rates of Assistance

PART I

Rates cf Periodical Social Assistance and Increases Thereof

PART II

Reductions for Means

PART III

Increase of Old Age Pension for a Spouse

PART IV

Amounts of Children's Allowances

FIFTH SCHEDULE

Intermittent Unemployment Insurance

PART I

Rates of Weekly Contributions Payable by Insured Persons and Employers

PART II

Hourly Rates of Supplementary Benefit

SIXTH SCHEDULE

Enactments Repealed

Marginal Abbreviations

TABLE OF STATUTES REFERRED TO

Acts Cited Collectively

Number 1 of 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE, CHILDREN'S ALLOWANCES, INTERMITTENT UNEMPLOYMENT INSURANCE AND OTHER ENACTMENTS RELATING TO SOCIAL WELFARE. [24th February, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title.

1.—This Act may be cited as the Social Welfare (Consolidation) Act, 1981.

Interpretation generally.

[1952, s. 2; 1966 OI, s. 1; 1978 AM, ss. 4, 6, 13; 1980, ss. 6, 14, 19, 23]

2.—(1) In this Act, save where the context otherwise requires—

“adult dependant” means, in relation to any person—

(a) a wife who is living with or being wholly or mainly maintained by her husband, or

(b) a husband who is incapable of self-support by reason of some physical or mental infirmity and who is being wholly or mainly maintained by his wife, or

(c) a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with that person where that person is—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;

“appeals officer” means a person holding office as an appeals officer under section 297 ;

“assistance” means assistance under Part III ;

“beneficiary” means a person entitled to benefit;

“benefit” means benefit under Part II ;

“benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year;

“Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ;

“contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the first day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last two days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year;

“contribution year” means a year of assessment within the meaning of the Income Tax Acts;

“credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 14 ;

“day of incapacity for work” has the meaning assigned in section 18 ;

“day of unemployment” has the meaning assigned in section 29 ;

“deciding officer” means a person holding office as a deciding officer under section 295 ;

“employed contributor” has the meaning assigned in section 5 (1);

“employer's contribution” has the meaning assigned in section 9 (1) (a);

“employment contribution” has the meaning assigned in section 9 (1) (a);

“entry into insurance” means, subject to sections 16 (3), 79 (11) and 93 (6) in relation to any person, the date on which he becomes an insured person;

[1975 SWA, s. 1]

“health board” means a health board within the meaning of the Health Act, 1970 ;

“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable;

“increase” means, in relation to any benefit, an increase under section 21 , 32 , 44 , 45 , 46 , 47 , 50 , 51 , 81 , 86 , 87 , 91 , 95 or 103 ;

“inspector” means a person holding office as an inspector under section 114 ;

“insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor;

“insurable (occupational injuries) employment” has the meaning assigned in section 38 ;

“insured person” means a person insured under Part II ;

“maternity benefit” means maternity allowance or maternity grant, as the case may be;

“the Minister” means the Minister for Social Welfare;

“occupational injuries insurance” has the meaning assigned in section 37 (2);

“the Occupational Injuries Fund” means the Fund to which section 67 relates;

“orphan” means, subject to sections 52 (4) and 97 (3)—

(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or

(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband, or

[1980, ss. 12, 22]

(c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;

[1977, s. 13 (2)]

“pensionable age” means the age of 66 years;

“prescribed” means prescribed by regulations;

[1970, ss. 29 (3), 34(2); 1966 OI, s. 1]

“qualified child” means, except in sections 92 (5), 107 (2), 157 , 176 and 223 , a person who—

(a) is under the age of 18 years,

(b) is ordinarily resident in the State, and

(c) is not detained in a reformatory or an industrial school;

“qualifying contribution” means the appropriate employment contribution (or appropriate employment contributions) which was (or were) paid, or would have been paid but for section 10 (1) (c), in respect of any insured person;

[1978 AM, s. 4 (1)]

“reckonable earnings” means, subject to regulations and to section 71 , earnings derived from insurable employment or insurable (occupational injuries) employment;

“regulations” means regulations made by the Minister under this Act;

“the Social Insurance Fund” means the Fund to which section 122 relates;

“the Supplementary Unemployment Fund” means the Fund to which section 269 relates;

“voluntary contribution” has the meaning assigned in section 11 (1) (a);

“voluntary contributor” has the meaning assigned in section 5 (2);

“the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 .

(2) For the purposes of this Act—

(a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age;

(b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age;

(c) a person shall be deemed not to have attained the age of 16 years until the commencement of the 16th anniversary of the day of his birth, and similarly with respect to any other age;

(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week.

(3) Any reference in this Act to contributions shall, where the reference is without qualification, be construed, save where the context otherwise requires, as including both a reference to employment contributions and a reference to voluntary contributions.

[1966 OI, s. 36]

(4) Regulations may, as respects any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.

(5) References in this Act to an employed contributor's employer shall not be construed as including his employer in any employment other than insurable employment or insurable (occupational injuries) employment.

[1974 (No. 1), s. 4]

(6) Any question relating to the normal residence of a qualified child shall, subject to section 224 (2), be decided in accordance with regulations made under this subsection.

[1966 OI, s. 1; 1952 CA, s. 8]

(7) Where a child has been or becomes adopted pursuant to the Adoption Acts, 1952 to 1976, then for the purposes of this Act—

(a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and

(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in subsection (1), “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”.

(8) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.

(9) In this Act, a reference to a Part or Chapter, section or Schedule is to a Part or Chapter or section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(10) In this Act, a reference to a subsection, paragraph, subparagraph or clause is to the subsection, paragraph, subparagraph or clause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

General provisions as to regulations.

[1952, s. 3; 1933 UA, s. 7; 1935 WOPS, s. 65; 1942 IU, s. 12; 1944 CA, s. 20; 1966 OI, s. 1 (7); 1975 SWA, s. 21]

3.—(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

(4) The following shall be subject to the sanction of the Minister for Finance—

(a) regulations for the purposes of section 2 (1), 6 , 7 , 11 (1) (d), 13 , 15 , 16 , 19 (4), 30 (4), 38 (8) (9) (10), 73 , 76 (1) (a), 79 (7) (9), 84 (3) (4), 89 (4), 93 (4), 101 (4), 108 (4) (6), 133 , 209 , 210 (3), 269 (6), 286 , 308 or 309 ,

(b) a draft of regulations under section 5 (4) (5), 10 (2), 12 , 19 (3), 25 (2), 30 (3), 79 (6), 84 (2), 89 (3), 93 (3), 97 (2), 101 (3), 105 (3) or 108 (3).

(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

[1908 OAP, s. 10; 1930 SMG, s. 10; 1933 UA, s. 24; 1933 SMG, s. 2; 1935 WOPS, s. 43; 1942 IU, s.14; 1944 CA, s. 21; 1952, s. 40; 1957 MP, s. 6; 1975 SWA, s. 27]

4.—(1) Any expenses (other than expenses to which section 285 relates) incurred by the Minister or any other Minister in carrying this Act into effect and the expenses of the local pension committees under Chapter 3 of Part III up to an amount approved by the Minister shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) There shall be paid to the Minister for Finance out of the Social Insurance Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister which relates to the scheme of social insurance (other than occupational injuries insurance) provided for in Part II and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.

(3) In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.

PART II

SOCIAL INSURANCE

Chapter 1

Insured Persons, Contributions and Benefits

Insured Persons

Insured persons.

[1952, s. 4]

5.—(1) Subject to this Act—

(a) every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule, shall, subject to section 65 (1), be an employed contributor for the purposes of this Act, and

(b) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.

[1978 AM, s. 13]

(2) Subject to this Act, where a person ceases to be an employed contributor otherwise than by reason of attaining pensionable age and he has qualifying contributions in respect of not less than 156 contribution weeks, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as a voluntary contributor).

(3) A voluntary contributor shall, if he becomes an employed contributor, cease to be a voluntary contributor except insofar as is provided in section 11 (2).

(4) Regulations may provide for including among employed contributors person employed in any of the employments specified in Part II of the First Schedule .

(5) Regulations may provide for—

(a) excluding particular employments or any classes of employment from the employments specified in Part I of the First Schedule , or

(b) adding to the employments so specified particular employments or any classes of employment,

and, where the Minister considers that any modifications of this Act are appropriate having regard to the purpose for which the regulations are made, the regulations may make those modifications.

(6) Where regulations are proposed to be made for the purposes of subsection (4) or (5), a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Employment by more than one employer.

[1978 AM, s. 7]

6.—Regulations may—

(a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and

(b) determine the circumstances in which a person is to be regarded for the purposes of section 10 (1) (d) as being concurrently employed by two or more employers.

Modified insurance.

[1952, s. 12; 1974 (No. 3), s. 3]

7.—(1) Regulations may modify the provisions of this Part in their application in the case of—

(a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6, 7, 11and 12 of Part I of the First Schedule , or

(b) persons employed in a statutory transport undertaking, or

(c) persons employed as teachers in comprehensive schools established by the Minister for Education, or

(d) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or

(e) persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or

(f) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or

(g) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or

(h) persons employed as members of the Army Nursing Service, or

(i) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or

(j) persons employed by voluntary organisations which are providing district nursing services.

[1956 AM, s. 3]

(2) Notwithstanding section 9 (1) and section 10 , regulations for the purposes of this section may provide for employment contributions consisting of employers' contributions only and the said sections shall, so long as regulations so providing are in force, stand modified accordingly.

(3) Regulations for the purposes of this section may modify the provisions of this Part in different ways for male persons and for female persons employed in the same employment.

(4) The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Employment outside the State.

[1952, s. 13]

8.—(1) Regulations may modify the provisions of this Part and the First Schedule in their application in the case of persons who are or have been outside the State while insured under this Part.

(2) The modifications which may be made by regulations for the purposes of subsection (1) shall, in particular, include the deletion of “in the State” in paragraph 1 of Part I of the First Schedule .

(3) The provisions of this section are without prejudice to the generality of any other provision of this Part providing for regulations.

Contributions

Sources of moneys for benefits.

[1952, s. 5]

9.—(1) For the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, are to be made out of the Social Insurance Fund, there shall be—

(a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall, subject to section 10 (7) and section 65 (2), comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor,

(b) contributions in respect of voluntary contributors, and

(c) payments out of moneys provided by the Oireachtas.

[1952, s. 6(3)]

(2) Employment contributions and voluntary contributions shall be paid into the Social Insurance Fund.

Employment contributions.

[1952, s. 6; 1978 AM, s. 5(1); 1980, s. 26]

10.—(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section.

(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7 , where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising—

(i) a contribution by the employed contributor at the rate of 3.5 per cent., and

(ii) a contribution by his employer at the rate of 8.5 per cent.

of the amount of the reckonable earnings to which such payment relates.

(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £7,000 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.

(d) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 6 ), the provisions of paragraph (c) shall, in relation to contributions mentioned in paragraph (b) (ii), apply to the reckonable earnings from each of the employments separately.

[1978 AM, s. 5(5)]

(2) (a) The Minister may by regulations vary the sum specified in subsection (1) (c) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

(b) When making regulations under this subsection the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries as recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (c) was last determined.

(c) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(3) The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.

(4) An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide that—

(a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and

(b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.

(5) Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from the remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.

(6) Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.

[1978 AM, s. 5 (6)]

(7) The employment contribution payable by the employed contributor under subsection (1) (b) or under regulations made under section 7 shall not be payable in the case of an employed contributor who is in receipt of any of the following—

(a) a widow's (contributory) pension,

(b) a widow's (non-contributory) pension,

(c) deserted wife's benefit,

(d) a deserted wife's allowance,

(e) death benefit by way of widow's pension under section 50 ,

(f) a social assistance allowance under section 197 ,

(g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Economic Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.

Voluntary contributions.

[1978 AM, s. 5 (3). 1980, s. 26]

11.—(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a voluntary contribution) shall be payable by a voluntary contributor, who is under pensionable age, in each contribution year at such time or times and in such manner as the Minister shall prescribe—

(i) at a percentage rate (as set out in paragraph (b)) of the amount of the reckonable income of the contributor in the preceding contribution year, or

(ii) where there was no such income or such income did not exceed such amount as may be prescribed, at a percentage rate of such amount as the Minister shall prescribe.

(b) A percentage rate for the purpose of paragraph (a) (i) shall be—

(i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pensions, 1.8 per cent.,

(ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 4.7 per cent., and

(iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 2.9 per cent.

(c) A contribution under paragraph (a) shall not be payable in respect of reckonable income in any contribution year which exceeds the sum specified in section 10 (1) (c).

(d) “reckonable income” for the purposes of this subsection means, subject to regulations, income derived from any employment, including any trade, business, profession, office or vocation.

[1975, s. 17]

(2) In the case of a person who, on 31st March, 1974, was a voluntary contributor entitled to pay voluntary contributions and who became an employed contributor in respect of whom special rate contributions were payable under section 17 (1) of the Social Welfare Act, 1975 , such a person shall, notwithstanding section 5 (3), continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.

(3) Voluntary contributions paid pursuant to subsection (2) by a person to whom that subsection applies shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, retirement pension or death grant are satisfied.

[1978 AM, s. 8]

(4) Notwithstanding any other provision of this Act, but subject to subsection (5), a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, maternity benefit, invalidity pension or treatment benefit and, if any voluntary contributions paid by him are at the percentage rate for the time being payable under subsection (1) (b) (i), they shall be disregarded in determining whether the contribution conditions for old age (contributory) pension, retirement pension or death grant are satisfied.

[1952, s. 37 (2)]

(5) Notwithstanding subsection (4), any benefit mentioned in that subsection may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.

[1978 AM, s. 13(3)]

(6) A voluntary contribution paid under subsection (1) (a) shall be regarded, where the contribution relates to a full contribution year, as having been paid for each contribution week in that contribution year or, where the contribution relates to a shorter period, as having been paid for each contribution week in that period.

Regulations varying rates of contributions.

[1952, s. 6 (9)]

12.—Regulations may alter the rates of employment or voluntary contributions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Supplying by Revenue Commissioners of certain information and calculation of reckonable earnings.

[1978 AM, ss. 10, 11]

13.—(1) So far as may be necessary for the proper administration of this Part, information regarding employers and the employment and reckonable earnings of insured persons which is obtained by the Revenue Commissioners in connection with the collection of income tax may be supplied by them to the Minister.

(2) For the purposes of this Part, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed.

(3) Regulations may provide for the calculation of the amounts payable in respect of employment contributions and voluntary contributions in accordance with prescribed scales, and for adjustments of such amounts to facilitate computation and to avoid fractions of one penny in the amounts.

Exceptions and credits.

[1952, s. 7]

14.—Regulations may provide for—

(a) making exceptions from the liability to pay contributions for any specified periods, and

(b) crediting contributions to insured persons for any specified periods, including, in particular—

(i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a), and

(ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.

Payment of contributions and keeping of records.

[1978 AM, s. 6]

15.—(1) Regulations may provide for—

(a) the time and manner of payment of employment contributions,

(b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions,

(c) the charging of interest on arrears of employment contributions,

(d) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates,

(e) the furnishing of returns by employers in relation to periods of insurable employment,

(f) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and

(g) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection,

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the assignment of any function relating to any matter referred to in that subsection to the Collector-General,

(b) the assignment to the Collector-General of any function conferred on the Minister by section 116 and the modification for that purpose of any provision of that section,

(c) the inspection by or on behalf of the Revenue Commissioners of records prescribed under subsection (5),

(d) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid, and

(e) treating as paid, for the purpose of any right to benefit, employment contributions payable by an employer in respect of an insured person which have not been paid, where the failure to pay such contributions is shown not to have been with the consent or connivance of the insured person or attributable to any negligence on the part of the insured person.

(3) Nothing in any regulations under this section shall affect the liability of the employer under section 10 (3) to pay employment contributions.

(4) (a) The provisions of any enactment, regulation or rule of court relating to the inspection of records, the estimation, collection and recovery of, or the furnishing of returns by employers in relation to, income tax, or relating to appeals in relation to income tax, shall, with any necessary modifications, apply in relation to employment contributions which the Collector-General is obliged to collect as they apply in relation to income tax.

(b) In proceedings instituted by virtue of this section, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him.

(c) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this section.

[1978 AM, s. 12]

(5) For the purposes of this Part, regulations may require employers to keep such records as may be prescribed in relation to the earnings of persons employed by them and the periods during which the persons were employed, and to retain the records for prescribed periods.

(6) The powers conferred on an inspector under section 114 may be exercised in relation to records referred to in subsection (5).

Return of contributions paid in error.

[1952, s. 9; 1960 AM, s. 4; 1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]

16.—(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions and of so much of any contribution paid by an employed contributor or a voluntary contributor whose entry into insurance occurred—

(a) after he had attained the age of 60 years;

(b) after he had attained the age of 58 years in the case of a person who attained the age of 57 years on or after 1st July, 1974, and

(c) after he had attained the age of 57 years in the case of a person who attained the age of 56 years on or after 1st April, 1975, and

(d) after he had attained the age of 56 years in the case of a person who attained the age of 55 years on or after 1st October, 1977;

as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension.

(2) (a) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (b) shall not apply on his attaining the age of 57 years.

(b) In the case of a person who attained the age of 55 years on or after 1st October, 1977, subsection (1) (c) shall not apply on his attaining the age of 56 years and subsection (1) (b) shall not apply on his attaining the age of 57 years.

[1962 MP, s. 10]

(3) For the purposes of this section, the entry into insurance of a contributor, whether an employed contributor or a voluntary contributor, shall be deemed to have occurred after he had attained the appropriate age under subsection (1) if after the time of such attainment he became for the first time an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for an old age (contributory) pension are payable and he had not been an employed contributor under the National Health Insurance Acts, 1911 to 1952, before attaining that age.

[1970, s. 19]

(4) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of section 84 (1) after he had attained the age of 55 years as is determined in accordance with the regulations to have been paid in respect of retirement pension.

Benefits

Description of benefits.

[1952, s. 14; 1960 AM, s. 5; 1966 OI, s. 7; 1970, s. 4; 1973 PRB, s. 2; 1973, s. 17]

17.—(1) Benefits under this Part shall be of the following descriptions and are so described in this Act—

(a) disability benefit,

(b) maternity allowance,

(c) unemployment benefit,

(d) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit,

(e) pay-related benefit,

(f) old age (contributory) pension (including benefit under section 87 ),

(g) retirement pension (including benefit under section 87 ),

(h) invalidity pension,

(i) widow's (contributory) pension,

(j) orphan's (contributory) allowance,

(k) deserted wife's benefit,

(l) maternity grant,

(m) death grant.

(2) Subject to section 110 and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1), also include treatment benefit under that section.

(3) Benefit shall, subject to section 67 (2) (a), be paid or provided for out of the Social Insurance Fund.

CHAPTER 2

Disability Benefit

Title to benefit.

[1952, s. 15]

18.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as a day of incapacity for work) which forms part of a period of interruption of employment, if—

(a) he is under pensionable age on the day for which the benefit is claimed, and

(b) he satisfies the contribution conditions in section 19 .

[1980, s. 17]

(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) For the purposes of any provision of this Act relating to disability benefit—

(a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work,

(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

[1980, s. 17]

(d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74 (2) applies,

(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.

(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.

(6) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13, 14(2); S.I. No. 156 of 1956 ]

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

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

[ S.I. No. 383 of 1980 ]

(2) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3rd January, 1981, or would but for the provisions of section 18 (2) or 23 (1) have been so entitled, then, as respects 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 paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28]

(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that 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) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit.

[1952, s. 14 (3)]

20.—Subject to this Act, the weekly rates of disability benefit shall be as set out in column (2) of Part I of the Second Schedule .

Increases for adult and child dependants.

[1952, s. 26; 1980, s. 19]

21.—(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of disability benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Duration of payment.

[1952, s. 16; 1978 AM, s. 13 (1)]

22.—(1) Where a person—

(a) has qualifying contributions in respect of less than 156 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and

(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for 312 days,

he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.

(2) Where a person has exhausted his right to disability benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to benefit, and

(b) on his requalifying therefor, subsection (1) shall again apply to him but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

(3) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

Disqualifications.

[1952, s. 17]

23.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Part if—

(a) he has become incapable of work through his own misconduct, or

(b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(2) Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of disability benefit and restrictions on the rate and duration thereof if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

[1952, s. 29]

(3) Regulations may also provide for disqualifying a person for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.

(4) For the purposes of subsection (3), any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

CHAPTER 3

Maternity Allowance

Title to and duration of allowance.

24.—(1) Subject to this Act, a woman shall be entitled to a maternity allowance if—

[1952, s. 20]

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as the expected week of confinement), not being more than the prescribed number of weeks after that in which the certificate is given, and

(b) she satisfies the contribution conditions in section 25 .

[1979, s. 23]

(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—

(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,

(b) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to paragraph (a) be payable until the expiration of the 6th week after the week in which that date occurs.

(3) Regulations may modify subsections (1) and (2) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) no such certificate as is referred to in subsection (1) (a) has been given.

[1974 (No. 2), s. 17]

(4) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1960 MP, s. 15; 1972, s. 14; 1978 AM, s. 13]

25.—(1) The contribution conditions for maternity allowance are—

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time.

In this subsection “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement.

[1952, s. 14]

(2) Regulations may provide for modifications of these contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Rate of allowance.

[1952, s. 14]

26.—Subject to this Act, the weekly rate of maternity allowance shall be as set out in column (2) of Part I of the Second Schedule .

Disqualifications.

[1952, s. 20 (4)]

27.—Regulations may provide for disqualifying a woman for receiving a maternity allowance if—

(a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.

Supplementary provisions.

[1952, s. 21]

28.—(1) For the purposes of this Chapter—

(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(2) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.

CHAPTER 4

Unemployment Benefit

Title to benefit.

[1952, s. 15]

29.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Act referred to as a day of unemployment) which forms part of a period of interruption of employment if—

(a) he is under pensionable age on the day for which the benefit is claimed, and

(b) he satisfies the contribution conditions in section 30 .

[1980, s. 17]

(2) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of unemployment benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) For the purposes of any provision of this Act relating to unemployment benefit—

(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,

(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.

(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work.

(6) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13 (1), 14 (2); S.I. No. 156 of 1956 ]

30.—(1) The contribution conditions for unemployment benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

(2) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 29 (2), 35 (1) or 35 (3) have been so entitled then, as respects unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1) (b), be regarded as continuing so long as the period of interruption of employment continues.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28]

(4) Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that 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) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit.

[1952, s. 14]

31.—Subject to this Act, the weekly rates of unemployment benefit shall be as set out in column (2) of Part I of the Second Schedule opposite reference 1 (A) in column (1).

Increases for adult and child dependants.

[1952, s. 26; 1980, s. 19]

32.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of unemployment benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Reduced rates of benefit.

[1967 MP, s. 5]

33.—(1) Subject to subsection (2), the weekly rates of unemployment benefit, including any increases for dependants payable by virtue of section 32 , shall be at the reduced rates set out at reference I (B) of Part I of the Second Schedule after the 156th day for which the beneficiary has been entitled to that benefit.

[1978 AM, s. 13 (4)]

(2) Subsection (1) does not apply in relation to—

(a) a person over 65 years of age who has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which benefit is claimed, or

[1978 AM, s. 14 (2)]

(b) a person who has qualifying contributions in respect of not less than 280 contribution weeks in the period of 7 complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.

Duration of payment.

[1952, s. 16; 1967 MP, s. 5; 1978 AM, s. 13]

34.—(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsections (3) and (6), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.

(2) Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsection (1) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

[1976, s. 11]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “390 days” were substituted for “156 days”.

(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(5) Where in the period of interruption of employment a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband) has exhausted his right to 312 days' unemployment benefit within the period of 78 days ending on 5th April, 1976, he shall be entitled to unemployment benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date up to the 394th day of unemployment in that period of interruption of employment.

[1979, s. 22]

(6) Subsection (1) shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “156 days”.

(7) Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit—

(a) she shall requalify therefor when she has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which she was entitled to that benefit, and

(b) on her so requalifying, subsections (1) and (6) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(8) Where in a period of interruption of employment a woman referred to in subsection (6) has exhausted her right to 156 days' unemployment benefit within the period of 156 days ending on 31st March, 1979, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment after that date up to the 315th day of unemployment in that period of interruption of employment.

[1952, s. 16]

(9) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

Disqualifications.

[1952, s. 17]

35.—(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:

[1967 MP, s. 8]

Provided that the foregoing provisions of this subsection shall not apply to a person who—

(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

(3) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he—

(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or

(b) has refused an offer of suitable employment, or

[1967 MP, s. 8]

(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or

(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,

and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.

(4) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

(5) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—

(a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or

(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or

(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.

(6) In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.

CHAPTER 5

Occupational Injury Benefits

Preliminary

Interpretation.

[1966 OI, s. 1]

36.—(1) In this Chapter, save where the context otherwise requires—

“apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation;

“approved hospital treatment” has the meaning specified in section 63 (2);

“claimant” means a person claiming occupational injuries benefit and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be construed accordingly;

“the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;

“disablement gratuity” has the meaning specified in section 43 (7);

“disablement pension” has the meaning specified in section 43 (8) or (9);

“injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 43 (2), disablement benefit in respect of the accident is not available to the insured person;

“medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly;

“medical treatment” has the meaning specified in section 63 (1);

“occupational accident” has the meaning specified in section 60 ;

“relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury;

“unemployability supplement” has the meaning specified in section 45 (3).

(2) References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.

Insurable Employment

Occupational injuries insurance.

[1966 OI, s. 2]

37.—(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused by accident arising out of and in the course of such employment.

(2) Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section.

Insurable (occupational injuries) employment.

[1966 OI, s. 3]

38.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule.

(2) (a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part I of the First Schedule —

(i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise,

(ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, and

(iii) employment in the State as a member or as a person training to become a member of any such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as may be prescribed.

(b) In paragraph (a) (ii)—

“ship” means—

(i) any ship registered in the State, or

(ii) any other ship or vessel of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State;

“aircraft” means—

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

(3) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part II of the First Schedule —

(a) employment as a member of the Defence Forces,

(b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel,

(c) employment, otherwise than under contract of service or apprenticeship, as an outworker,

(d) employment under any local or other public authority in the execution of any contract for services,

[1972, s. 15]