Social Welfare (Consolidation) Act, 1981
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Death benefit—parents. [1966 OI, s. 20] |
51.—(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained. | |
[1977, s. 20] | ||
(2) The death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and in the case of a person who has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part. | ||
(3) Where a person to whom a pension at the weekly rate set out at reference 4 (c) (i) in Part I of the Second Schedule is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity the pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iv) in that Part and, if at that time a pension at the weekly rate set out at reference 4 (c) (iv) in that Part is payable to his wife, that pension shall thereafter be payable at the weekly rate set out at reference 4 (c) (iii) in that Part. | ||
(4) Where a parent was partly maintained by each of two or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section as having received from the last of those insured persons to die contributions to the maintenance of the parent equal to the aggregate amount which those insured persons were together contributing before the first of the accidents happened, and as having received nothing from the other or others. | ||
(5) A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage. | ||
(6) A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man land wife. | ||
(7) (a) For the purposes of subsections (1) and (4) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1976, shall be taken as referring to the adopters or the adopter, and includes a step-parent, and “father” and “mother” at reference 4 (c) of Part I of the Second Schedule shall be construed accordingly. | ||
(b) Subject to paragraph (a), in this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased. |