Social Welfare (Consolidation) Act, 1993

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Number 27 of 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

ARRANGEMENT OF SECTIONS

Preliminary

Section.
1.	Short title.
2.	Definitions.
3.	Interpretation generally.
4.	General provisions as to regulations.
5.	Expenses.

PART II

SOCIAL INSURANCE

CHAPTER 1

The Social Insurance Fund

6.	Sources of moneys for benefits.
7.	Social Insurance Fund.
8.	Payments from Fund for acquisition of land, etc.

CHAPTER 2

Employed Contributors and Employment Contributions

9.	Employed contributors and insured persons.
10.	Employment contributions.
11.	Modified insurance.
12.	Calculation of reckonable earnings.
13.	Employment by more than one employer.
14.	Payment of contributions and keeping of records.
15.	Priority debts to Social Insurance Fund in a company winding-up.
16.	Winding-up and bankruptcy.

CHAPTER 3

Self-Employed Contributors and Self-Employment Contributions

17.	Self-employed contributors and insured persons.
18.	Rates of self-employment contributions and related matters.
19.	Regulations providing for determination of contributions payable.
20.	Regulations for collection of self-employment contributions, etc.

CHAPTER 4

Voluntary Contributors and Voluntary Contributions

21.	Voluntary contributors.
22.	Voluntary contributions by former employed contributors.
23.	Voluntary contributions by former self-employed contributors.
24.	Calculation of voluntary contributions.

CHAPTER 5

General

25.	Employment outside State.
26.	Regulations varying rates and amounts of contributions.
27.	Exceptions and credits.
28.	Return of contributions paid in error.
29.	Return of contributions where entry into insurance occurs after specified age.

CHAPTER 6

Description of Benefits

30.	Description of benefits.

CHAPTER 7

Disability Benefit

31.	Entitlement to benefit.
32.	Conditions for receipt.
33.	Rate of benefit.
34.	Increases for adult and child dependants.
35.	Duration of payment.
36.	Disqualifications.

CHAPTER 8

Maternity Benefit

37.	Entitlement to and duration of benefit.
38.	Conditions for receipt.
39.	Rate of benefit.
40.	Disqualifications.
41.	Supplementary provisions.

CHAPTER 9

Unemployment Benefit

42.	Entitlement to benefit.
43.	Conditions for receipt.
44.	Rate of benefit.
45.	Increases for adult and child dependants.
46.	Duration of payment.
47.	Disqualifications.

CHAPTER 10

Occupational Injuries Benefits

Preliminary

48.	Interpretation.

Insurable Employment

49.	Occupational injuries insurance.
50.	Insurable (occupational injuries) employment.

51.	Extension of meaning of references to accidents arising out of and in course of employment.
52.	Accidents in illegal employment and accidents outside State.

Benefits

Prescribed Diseases

66.	Insurance against prescribed diseases and injuries not caused by accident.

Occupational Accidents

67.	Notice of accidents.
68.	Reporting of accidents by employers.
69.	Declaration that accident is an occupational accident.

Miscellaneous

70.	Disqualifications for injury benefit or disablement benefit and suspension of proceedings.
71.	Treating person as incapable of work, etc.
72.	Medical treatment.
73.	Rehabilitation.
74.	Research.
75.	Taking of benefit into account in assessing damages.
76.	Saver for repeal of Workmen's Compensation Acts.
77.	Construction of certain references in Local Government (Superannuation) Act, 1956.

CHAPTER 11

Pay-Related Benefit

78.	Interpretation.
79.	Entitlement to benefit.
80.	Rate of benefit.
81.	Duration of payment.
82.	Regulations.

CHAPTER 12

Old Age (Contributory) Pension

83.	Entitlement to pension.
84.	Conditions for receipt.
85.	Disregard of self-employment contributions in certain cases.
86.	Rate of pension.
87.	Increases (including increases for adult and child dependants).

CHAPTER 13

Retirement Pension

88.	Entitlement to pension.
89.	Conditions for receipt.
90.	Rate of pension.
91.	Increases (including increases for adult and child dependants).

CHAPTER 14

Survivor's Benefit

92.	Entitlement to benefit.
93.	Rate of benefit.
94.	Increases (including increases for child dependants).

CHAPTER 15

Invalidity Pension

95.	Entitlement to pension.
96.	Conditions for receipt.
97.	Contributions paid under National Health Insurance Acts.
98.	Rate of pension.
99.	Increases (including increases for adult and child dependants).

CHAPTER 16

Widow's (Contributory) Pension

100.	Entitlement to pension.
101.	Conditions for receipt.
102.	Determination of date of entry into insurance for certain self-employed contributors.
103.	Disregard of self-employment contributions in certain cases.
104.	Rate of pension.
105.	Increases (including increases for child dependants).

CHAPTER 17

Orphan's (Contributory) Allowance

106.	Entitlement to allowance.
107.	Condition for receipt.
108.	Rate of allowance.
109.	Payment of allowance.

CHAPTER 18

Deserted Wife's Benefit

110.	Entitlement to benefit.
111.	Conditions for receipt.
112.	Rate of benefit.
113.	Increases (including increases for child dependants).

CHAPTER 19

Death Grant

114.	Entitlement to grant.
115.	Conditions for receipt.
116.	Amount of grant.

CHAPTER 20

Treatment Benefit

117.	General provisions as to benefit.

PART III

SOCIAL ASSISTANCE

CHAPTER 1

Description of Social Assistance

118.	Description of assistance.

CHAPTER 2

Unemployment Assistance

119.	Interpretation.
120.	Entitlement to assistance.
121.	Rates of assistance and effect of means on rates.
122.	Total amount payable to couple.
123.	Certain claims.
124.	Amount of increases payable in respect of qualified child in certain cases.
125.	Disqualifications.
126.	Disqualifications (continued).

CHAPTER 3

Pre-Retirement Allowance

127.	Entitlement to allowance.
128.	Rate of allowance (including increases for adult and child dependants).
129.	Regulations.

130.	Integration of single woman's allowance scheme with pre-retirement allowance scheme.
131.	Single woman's allowance — transitional provisions.

CHAPTER 4

Old Age (Non-Contributory) Pension

132.	Interpretation.
133.	Entitlement to pension.
134.	Statutory conditions.
135.	Special conditions for receipt of pension.
136.	Rate of pension and increases for child dependants.
137.	Increases (including increase for one of a couple).
138.	Amount of increases payable in respect of qualified child normally resident with beneficiary.
139.	Disqualifications.
140.	Pensions of persons in certain mental institutions.

CHAPTER 5

Blind Pension

141.	Entitlement to pension.

CHAPTER 6

Widow's and Orphan's (Non-Contributory) Pensions

142.	Interpretation.
143.	Entitlement to pension.
144.	Rate of pension.
145.	Increases.
146.	Disqualifications.
147.	Provisions against double pensions.

Orphan's Pension

148.	Entitlement to pension.
149.	Rate of pension.
150.	Civil proceedings.
151.	Payment of pension.

CHAPTER 7

Deserted Wife's Allowance

152.	Entitlement to allowance.
153.	Regulations.
154.	Disqualification.

CHAPTER 8

Prisoner's Wife's Allowance

155.	Entitlement to allowance.
156.	Disqualification.

CHAPTER 9

Lone Parent's Allowance

157.	Interpretation.
158.	Entitlement to allowance.
159.	Rate of allowance and increases for child dependants.
160.	Disqualification.
161.	Prisoners' spouses.
162.	Regulations.

CHAPTER 10

Carer's Allowance

163.	Interpretation.
164.	Entitlement to allowance.
165.	Rate of allowance.
166.	Payment of allowance.
167.	Prescribed relative allowance.
168.	Entitlement to prescribed relative allowance.
169.	Regulations.

CHAPTER 11

Supplementary Welfare Allowance

170.	Interpretation.
171.	Entitlement to supplementary welfare allowance.
172.	Exclusion of persons receiving full-time education.
173.	Exclusion of persons in full-time employment.
174.	Persons affected by trade disputes.
175.	Administration.
176.	Conditions for grant of supplementary welfare allowance.
177.	Calculation of supplementary welfare allowance.
178.	Weekly amounts of supplementary welfare allowance for persons of no means.
179.	Additions to weekly amount of supplementary welfare allowance and other income.
180.	Allowances in kind.
181.	Power to make single payment for exceptional need.
182.	Grant of supplementary welfare allowance in cases of urgency.
183.	Supplementary welfare allowance granted to persons in receipt of certain health board payments.
184.	Recoupment of supplementary welfare allowance.
185.	Arrangements for burials.
186.	Estimates of income and expenditure in respect of supplementary welfare allowance.
187.	Financing of health board expenditure.
188.	Regulations.
189.	Transfer of certain property.
190.	Transfer of certain officers and enforceability of contracts.
191.	Transitional provisions.

PART IV

CHILD BENEFIT

192.	Qualified child.
193.	Qualified person.
194.	Amounts of child benefit.
195.	Exclusion of child benefit for superannuation or pension purposes.
196.	Payments to persons absent from State.

PART V

FAMILY INCOME SUPPLEMENT

197.	Interpretation.
198.	Entitlement to supplement.
199.	Rate of supplement.
200.	Period of payment.
201.	Person to whom supplement is payable.
202.	Regulations.
203.	Receipt of claims.

PART VI

GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY

Preliminary

204.	Definitions.

CHAPTER 1

Claims and Payments

205.	Claims.
206.	Payments.
207.	Payment to persons other than claimant or beneficiary.
208.	Statutory declarations.

CHAPTER 2

Provisions Relating to Entitlement

209.	Overlapping provisions.
210.	Payments after death.
211.	Absence from State or imprisonment.

CHAPTER 3

Appointment and Duties of Social Welfare Inspectors

212.	Social welfare inspectors.

CHAPTER 4

Offences, Miscellaneous Control Provisions and Proceedings

Offences

213.	False statements and offences, including offences relating to bodies corporate.
214.	Offences in relation to employment contributions.
215.	Notification by employer, etc. of commencement of employment.
216.	Information to be furnished by employers to Minister.
217.	Application of Probation of Offenders Act, 1907.
218.	Penalties.

Miscellaneous Control Provisions

219.	Failure to keep records.
220.	Loss of benefit because of employer's default.
221.	Information required by Minister.
222.	Exchange of information.
223.	Personal social services number.

Proceedings

224.	Provisions relating to prosecutions.
225.	Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

CHAPTER 5

Alienation of Books and Documents

226.	Application.
227.	Prohibition of alienation of documents.
228.	Avoidance of alienation of documents.
229.	Return of documents on demand.

CHAPTER 6

Miscellaneous Provisions

230.	Provisions as to maintenance.
231.	Free certificates.
232.	Stamp duty.
233.	Birth, marriage and death certificates.
234.	Inalienability.
235.	Means for purpose of Debtors Act (Ireland), 1872.
236.	Exclusion in assessment of damages.
237.	Taking of disability benefit and invalidity pension into account in assessing certain damages.
238.	Reciprocal arrangements.
239.	Administration of social welfare schemes.
240.	Budgeting in relation to social welfare payments.
241.	Regulations varying rates of benefit or assistance.
242.	Effect of means on certain rates of assistance.
243.	Regulations in relation to benefit or assistance.
244.	Application of provisions of this Act, etc. by regulations.
245.	Payment of increases in respect of qualified children.

PART VII

DECISIONS, APPEALS AND SOCIAL WELFARE TRIBUNAL

CHAPTER 1

Deciding Officers and Decisions by Deciding Officers

Appointment and Functions of Deciding Officers

246.	Appointment of deciding officers.
247.	Decisions by deciding officers.

Revised Decisions by Deciding Officers

248.	Revision of decisions by deciding officers.
249.	Effect of revised decisions by deciding officers.
250.	Reference by deciding officer to appeals officer.

CHAPTER 2

Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers

251.	Appointment of appeals officers.

Chief Appeals Officer

252.	Chief Appeals Officer.
253.	Reference of appeal to High Court by Chief Appeals Officer.
254.	Annual reports by Chief Appeals Officer.
255.	Appointment of assessors by Chief Appeals Officer.
256.	Other functions of Chief Appeals Officer.

Procedures for Appeals

257.	Appeals and references to appeals officers.
258.	Power to take evidence on oath.
259.	Notification to persons to attend and give evidence or produce documents at appeal hearing.
260.	Procedure where assessor appointed.
261.	Award of expenses.

Revised Decisions by Chief Appeals Officer and by Appeals Officers

262.	Revision by appeals officer of decisions of appeals officers.
263.	Revision by Chief Appeals Officer of decisions of appeals officers.
264.	Effect of revised decisions by appeals officers.
265.	Decision of appeals officer to be final and conclusive.

CHAPTER 3

Supplementary Welfare Allowance — Determinations and Appeals

266.	Determination of entitlement to supplementary welfare allowance.
267.	Appeals.
268.	Revision of determinations of entitlement to supplementary welfare allowance.
269.	Effect of revised determinations by officers of health board.

CHAPTER 4

General Provisions Relating to Decisions and Appeals

270.	Appeals—oral hearings.
271.	Appeals to High Court.
272.	Certificate by deciding officer, appeals officer or officer of health board.
273.	Revision to include revision consisting of reversal.

CHAPTER 5

Social Welfare Tribunal

274.	Application for adjudication by Social Welfare Tribunal.
275.	Adjudications by Social Welfare Tribunal.
276.	Social Welfare Tribunal.

PART VIII

OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.

277.	Interim payments and suspension of payment.
278.	Overpayments.
279.	Repayment of benefit, assistance, etc. overpaid.
280.	Distribution of assets.
281.	Recovery of sums due by civil proceedings or by deduction from other payments.
282.	Repayment of amounts due to be deferred, suspended, reduced or cancelled.
283.	Effect of decision for purposes of proceedings.

PART IX

LIABILITY TO MAINTAIN FAMILY

284.	Interpretation.
285.	Liability to maintain family.
286.	Contribution towards benefit or allowance.
287.	Attachment of earnings order.
288.	Obligations on employer in relation to attachment of earnings order.
289.	Payments under attachment of earnings order.
290.	Powers of District Court.
291.	Changes in employment.
292.	Determinations by District Court.
293.	Liable relative in service of State.
294.	Discharge, variation or lapse of attachment of earnings order.
295.	Cesser.
296.	Offences.
297.	Payments under order of court to offset contributions.
298.	Recipient of benefit or allowance to transfer to competent authority payments under order of court.
299.	Investigations by health boards.

PART X

COMMENCEMENT, REPEALS AND CONTINUANCE

300.	Repeals.
301.	Continuity of repealed enactments.
302.	Continuance of instruments, officers and documents.
303.	Continuity of insurance under old codes.
304.	Commencement.

FIRST SCHEDULE

EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS

PART I

Employments

PART II

Excepted Employments

PART III

Excepted Self-Employed Contributors

SECOND SCHEDULE

RATES OF BENEFITS

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits — Gratuities and Grant

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Death Grant

THIRD SCHEDULE

RULES AS TO CALCULATION OF MEANS

PART I

Unemployment Assistance and Pre-Retirement Allowance

PART II

Old Age (Non-Contributory), Blind, Widow's and Orphan's (Non-Contributory) Pensions, Deserted Wife's, Prisoner's Wife's, Lone Parent's and Carer's Allowances

PART III

Supplementary Welfare Allowance

FOURTH SCHEDULE

RATES OF ASSISTANCE

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART II

Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple

PART III

Amounts of Child Benefit

FIFTH SCHEDULE

ENACTMENTS REPEALED

SIXTH SCHEDULE

COMMENCEMENT OF CERTAIN PROVISIONS

Table of Statutes Referred to

Short Title	Session and chapter or number and year
Agriculture Act, 1931	No. 8 of 1931.
Blind Persons Act, 1920	10 & 11 Geo. 5.	C.49.
Central Bank Act, 1971	No. 24 of 1971.
Civil Liability Act, 1961	No. 41 of 1961.
Civil Liability (Amendment) Act, 1964	No. 17 of 1964.
Companies Act, 1963	No. 33 of 1963.
Courts (No. 2) Act, 1986	No. 26 of 1986.
Debtors Act (Ireland), 1872	35 & 36 Vic.	C.57.
Dublin Institute of Technology Act, 1992	No. 15 of 1992.
Enforcement of Court Orders Act, 1926	No. 18 of 1926.
Enforcement of Court Orders Act, 1940	No. 23 of 1940.
Family Law (Maintenance of Spouses and Children) Act, 1976	No. 11 of 1976.
Fatal Injuries Act, 1956	No. 3 of 1956.
Finance Act, 1969	No. 21 of 1969.
Finance Act, 1970	No. 14 of 1970.
Finance Act, 1975	No. 6 of 1975.
Finance Act, 1980	No. 14 of 1980.
Finance Act, 1986	No. 13 of 1986.
Finance Act, 1992	No. 9 of 1992.
Harbours Act, 1946	No. 9 of 1946.
Health Act, 1947	No. 28 of 1947.
Health Act, 1953	No. 26 of 1953.
Health Act, 1970	No. 1 of 1970.
Health Authorities Act, 1960	No. 9 of 1960.
Health Contributions Act, 1979	No. 4 of 1979.
Higher Education Authority Act, 1971	No. 21 of 1971.
Housing (Private Rented Dwellings) Act, 1982	No. 6 of 1982.
Income Tax Act, 1967	No. 6 of 1967.
Labour Services Act, 1987	No. 15 of 1987.
Local Government Act, 1941	No. 23 of 1941.
Local Government (Superannuation) Act, 1956	No. 10 of 1956.
Maternity Protection of Employees Act, 1981	No. 2 of 1981.
Mental Treatment Act, 1945	No. 19 of 1945.
Minimum Notice and Terms of Employment Act, 1973	No. 4 of 1973.
National Council for Educational Awards Act, 1979	No. 30 of 1979.
National Archives Act, 1986	No. 11 of 1986.
National Health Insurance Act, 1933	No. 13 of 1933.
National Insurance Act, 1911	1 & 2 Geo. 5.	C.55.
Pilotage Act, 1913	2 & 3 Geo. 5.	C.31.
Preferential Payment in Bankruptcy (Ireland) Act, 1889	52 & 53 Vic.	C.60.
Probation of Offenders Act, 1907	7 Edw. 7.	C.17.
Public Assistance Act, 1939	No. 27 of 1939.
Regional Technical Colleges Act, 1992	No. 16 of 1992.
Road Traffic Act, 1961	No. 24 of 1961.
Social Welfare Act, 1950	No. 14 of 1950.
Social Welfare Act, 1952	No. 11 of 1952.
Social Welfare (Occupational Injuries) Act, 1966	No. 16 of 1966.
Social Welfare Act, 1973	No. 10 of 1973.
Social Welfare Act, 1975	No. 1 of 1975.
Social Welfare (Supplementary Welfare Allowance) Act, 1975	No. 28 of 1975.
Social Welfare (Consolidation) Act, 1981	No. 1 of 1981.
Social Welfare Act, 1988	No. 7 of 1988.
Social Welfare (No. 2) Act, 1989	No. 12 of 1989.
Social Welfare Act, 1991	No. 7 of 1991.
Social Welfare Act, 1992	No. 5 of 1992.
Status of Children Act, 1987	No. 26 of 1987.
Superannuation Act, 1936	No. 39 of 1936.
Statutory Declarations Act, 1938	No. 37 of 1938.
Unemployment Insurance Act, 1920	10 & 11 Geo. 5.	C.55.
Vocational Education Act, 1930	No. 29 of 1930.
Widows' and Orphans' Pensions Act, 1935	No. 29 of 1935.
Workmen's Compensation Act, 1906	6 Edw. 7.	C.58.
Workmen's Compensation Act, 1934	No. 9 of 1934.
Youth Employment Agency Act, 1981	No. 32 of 1981.

Acts Cited Collectively

Adoption Acts, 1952 to 1991

Army Pensions Acts, 1923 to 1980

Companies Acts, 1963 to 1990

Connaught Rangers (Pensions) Acts, 1936 to 1964

Garda Síochána (Compensation) Acts, 1941 and 1945

Health Acts, 1947 to 1991

Housing Acts, 1966 to 1988

Income Tax Acts

Labourers Acts, 1883 to 1965

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Mental Treatment Acts, 1945 to 1966

Military Service (Pensions) Acts, 1924 to 1964

National Health Insurance Acts, 1911 to 1952

Protection of Employees (Employer's Insolvency) Acts, 1984 and 1991

Redundancy Payments Acts, 1967 to 1991

Superannuation Acts, 1834 to 1963

Workmen's Compensation Acts, 1934 to 1955

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Number 27 of 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

AN ACT TO CONSOLIDATE THE SOCIAL WELFARE ACTS. [9th November, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Social Welfare (Consolidation) Act, 1993 Permanent Page URL

Social Welfare (Consolidation) Act, 1993

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