Social Welfare (Consolidation) Act , 1981

(b) where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, the weekly rate for any degree of disablement shall be the rate set out in column (3) of Part III of the Second Schedule appropriate to the degree of disablement unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant.

(9) (a) Where, apart from this subsection, a gratuity would fall to be paid under subsection (7) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years, the following provisions shall have effect if the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity—

(i) the gratuity shall not be paid,

(ii) disablement benefit shall be a pension (in this Chapter also referred to as a disablement pension) at the weekly rate appropriate in accordance with a prescribed scale,

(iii) the disablement pension shall be for the period taken into account by the assessment of disablement subject to the proviso that, where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.

(b) The following provisions shall apply in relation to the scale prescribed for the purposes of this subsection—

(i) the scale shall be the same for all persons, except that a lower amount may be fixed thereby for cases where the beneficiary is under the age of 18 years or, being over that age, is a married woman other than a married woman living apart from and unable to obtain any financial assistance from her husband, unless the beneficiary would, if in receipt of injury benefit rather than disablement pension, be entitled to an increase of that benefit for a qualified child or qualified children or for an adult dependant,

(ii) different amounts may be specified in relation to the different percentages under 20 per cent., but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in Part III of the Second Schedule) for a degree of disablement of 20 per cent., the same proportion as the percentage with respect to which it is specified bears to 20 per cent.

(10) Notwithstanding section 298 (1), an appeal shall not lie against a provisional assessment of the extent of disablement before the expiration of two years from the date of the first assessment of the extent of disablement in the case, nor where the period taken into account by the assessment falls wholly within those two years.

44 Increase of injury benefit and disablement pension for adult and child dependants. [1966 OI, ss. 10, 11; 1980, s. 23]

44.—(1) The weekly rate of injury 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 injury benefit under this subsection in respect of more than one person.

(2) The weekly rate of injury 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.

(3) Subsections (1) and (2) shall, for any period for which the beneficiary either is entitled to an unemployability supplement or is receiving approved hospital treatment, apply to a disablement pension as they apply to injury benefit.

45 Increase of disablement pension on account of unemployability. [1966 OI, s. 12]

45.—(1) The weekly rate of disablement pension shall be increased by the amount set out in Part IV of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

[1973, s. 19]

(2) (a) For the purposes of this section, a person may be treated as being incapable of work and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to restrict him to earning not more than £234 in a year.

(b) In paragraph (a) the reference to earning includes a reference to receiving any remuneration or profit derived from gainful occupation.

(3) An increase of pension under this section (in this Chapter referred to as an unemployability supplement) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.

46 Increase of disablement pension where constant attendance is needed. [1966 OI, s. 13]

46.—(1) Where a disablement pension is payable in respect of an assessment of 100 per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed the amount specified in Part IV of the Second Schedule.

(2) An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time: provided that no such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.

47 Increase of disablement benefit during approved hospital treatment. [1966 OI, s. 14]

47.—Where a person is awarded disablement benefit but the extent of his disablement is assessed for the period taken into account by the assessment at less than 100 per cent., it shall be treated as assessed at 100 per cent. for any part of that period during which he receives approved hospital treatment (whether before or after the making of the assessment or the award of the benefit):

Provided that, where the extent of the disablement is so assessed at less than 20 per cent., this section shall not affect the operation of the provisions relating to disablement gratuities, but, in the case of a disablement pension payable by virtue of this section to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase provided for by this Chapter) shall be reduced by the amount prescribed as being the weekly value of his gratuity.

48 Adjustments for successive accidents. [1966 OI, s. 15].

48.—(1) Where a person suffers two or more successive accidents against which he is insured by occupational injuries insurance—

(a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in subsection (2)) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of two or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 43 (8),

(b) the provision of this Chapter excluding the right to injury benefit for the first 3 days of incapacity resulting from the relevant accident unless there are 12 such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than 13 weeks as a result of each of which the person is incapable of work on some day during the injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said 12 days in the case of each of those accidents, any days which may be so taken into account in the case of any other of them,

(c) regulations may provide for adjusting—

(i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to, a disablement gratuity,

(ii) any increase of benefit such as is mentioned in subsection (2), or the conditions for the receipt thereof.

(2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 44, 45 and 46.

49 Title to death benefit. [1966 OI, s. 16]

49.—Subject to this Part, where an insured person dies as a result of personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in sections 50 to 53.

50 Death benefit for widows and widowers and increases for qualified children. [1966 OI, s. 17; 1977, s. 20]

50.—(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.

(2) In the case of a widow, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule, and if she 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) A pension under subsection (2) shall not be payable for any period after the remarriage of the widow.

(4) A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife.

[1966 OI, s. 18]

(5) The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained.

(6) In the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule, and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column(7) of that Part.

(7) In the case of any other widower, death benefit shall be a gratuity of the amount set out in Part II of the Second Schedule.

(8) A pension under subsection (6) shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity.

[1966 OI, s. 19]

(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who—

(a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or

(b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or

(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.

[1969 MP, s. 13 (2)]

(10) For the purpose of subsection (9), a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

51 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.

52 Death benefit—orphans. [1966 OI, s. 21]

52.—(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan who was wholly or mainly maintained by the deceased at the date of his death.

(2) In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule.

(3) Section 99 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.

[1969 MP, s. 13 (2)]

(4) In deciding whether a pension under this section is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

53 Death benefit—funeral expenses.

[196 OI, s. 22]

53.—(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased.

(2) Subject to subsection (3), the grant shall be the amount set out in Part II of the Second Schedule.

(3) In any such case as may be specified by regulations, the grant shall be such lesser amount as may be specified by the regulations for that case.

(4) Except where regulations otherwise provide, a grant under this section shall not be payable in respect of a death occurring outside the State.

54 Insurance against prescribed diseases and injuries not caused by accident. [1966 OI, s. 23]

54.—(1) Subject to this section, a person who is insured under this Part against personal injury caused by accident arising out of and in the course of his employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after 1st May, 1967.

(2) A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, if the Minister is satisfied that—

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.

(3) Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before 1st May, 1967, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when he developed the disease or injury.

(4) Provision may be made by regulations for determining the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and the circumstances in which any such disease or injury is, where the person in question has previously suffered therefrom, to be treated as having recrudesced or as having been contracted or received afresh.

(5) The benefit payable pursuant to this section in respect of a prescribed disease or injury, and the conditions for the receipt of such benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations as respects any matter which is to be prescribed and to the following provisions of this section.

(6) Regulations may provide, in relation to prescribed diseases and injuries, for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection therewith or with an award of benefit on any such claim.

(7) Without prejudice to the generality of subsection (6), the said regulations may in particular include provision—

(a) for presuming any prescribed disease or injury—

(i) to be due, unless the contrary is proved, to the nature of a person's employment where he was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury,

(ii) not to be due to the nature of a person's employment unless he was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury; and

(b) for such matters as appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of the foregoing provisions of this section.

(8) Nothing in this section shall affect the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Chapter except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in that employment.

55 Supplements to workmen's compensation payments. [1966 OI, s. 24]

55.—(1) Regulations shall provide for conferring on persons who-—

(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and

(b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable,

the like right to payments under this Chapter by way of unemployability supplement and the like right to payments under this Chapter in respect of a child or adult dependant as if the injury or disease were one in respect of which a disablement pension were for the time being payable.

(2) Regulations shall also provide for conferring on persons who—

(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and

(b) as the result of that injury or disease require constant attendance,

the like right to payments under this Chapter in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.

(3) Such regulations may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a child or adult dependant, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications.

(4) All payments under this section shall be paid out of the Occupational Injuries Fund.

56 Limitation of benefits by pre-accident earnings. [1966 OI, s. 25; 1970, s. 20]

56.—(1) The weekly rate of injury benefit, including any increase thereof, or of disablement pension, including any increase thereof, shall not exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident.

(2) Where, in respect of the whole or part of any week for which a beneficiary is entitled to payment of a disablement pension, any one of the following is also payable to him—

(a) disability benefit,

(b) unemployment benefit,

(c) unemployment assistance,

(d) retirement pension,

(e) invalidity pension,

and the aggregate of the two payments would otherwise exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident, the weekly rate of the disablement pension, including any increase thereof, shall be reduced in respect of that week by the amount of the excess.

(3) Subsections (1) and (2) shall be subject to the proviso that in no case shall the rate payable, including any increase thereof, be reduced below the amount set out in Part V of the Second Schedule.

(4) For the purposes of subsections (1) to (3), the weekly earnings of a person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of his remuneration at that time for a full normal working week in the employment in which the accident occurred, overtime being disregarded for this purpose, or, if he was not employed full-time in that employment at the time of the relevant accident, the rate of remuneration which would be provided by his employer for a full normal working week in that employment, overtime being disregarded:

Provided that—

(a) where a person was being remunerated otherwise than at a weekly rate, the weekly earnings of such person from insurable (occupational injuries) employment at the time of the relevant accident shall be the rate of remuneration which he would earn for a full normal working week in that employment, overtime being disregarded,

(b) where by reason of the casual nature of the employment or the terms of the employment, it is impracticable to compute the rate of remuneration which would be provided by the employer for a full normal working week at the time of the relevant accident, regard may be had to the weekly amount which was being earned at that time by a person employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district, and

(c) for the purposes of subsection (1) in the case of disablement pension and for the purposes of subsection (2), the weekly remuneration, overtime being disregarded, provided during any period after the relevant accident in an employment in which a person was employed at the time of the relevant accident may be substituted in relation to that period for his actual weekly earnings at the time of the relevant accident if this would be more beneficial to him; and account shall be taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration.

(5) Where—

(a) a person is, by virtue of regulations under section 55, entitled to weekly payments under this Chapter, and

(b) the amount of any such payment or payments for any week together with the weekly payment of compensation to which he is entitled under the Workmen's Compensation Acts (or where he has ceased to be entitled to weekly payments of compensation under those Acts, the last such weekly payment) is in excess of the weekly earnings, overtime being disregarded, for the time being provided in the employment in which the relevant accident happened or due to the nature of which the relevant disease was contracted, account being taken for this purpose (where appropriate) of a person's reasonable prospects of advancement to full adult rate of remuneration,

the amount of the weekly payment or payments under this Chapter for that week shall be reduced by the excess.

In this subsection “relevant accident” means the accident in respect of which the weekly payment of compensation became payable and “relevant disease” means the disease in respect of which that payment became payable.

[1966 OI, s. 25 (6)]

(6) For the purposes of this section, where the amount of weekly earnings is not exactly divisible by 5 the earnings shall be taken to be the next higher amount which is exactly divisible by 5.

57 Cost of medical care. [1966 OI, s. 26]

57.—(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, shall be payable out of the Occupational Injuries Fund to the extent that such cost is not met under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or regulations made under section 110.

(2) Where an insured person is eligible to avail himself of services provided under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or treatment benefit under regulations made under section 110 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he availed himself of such services or benefit.

(3) Where an insured person receives medical care during any period in which he is an in-patient in a hospital or similar institution, the amount payable under this section in respect of such care shall not exceed—

[S.I. No. 106 of 1971]

(a) the maximum amount which would be chargeable under section 53 of the Health Act, 1970, to an insured person to whom the institutional services provided under that section are made available for that period, or

(b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act, 1945, (inserted by section 71 of the Health Act, 1953) to an insured person to whom mental hospital assistance is made available for that period,

as may be appropriate.

[S.I No. 106 of 1971]

(4) The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be such sum as is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for such care and the customary charge therefor.

(5) Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, he or such other person as may be prescribed shall, within such period as may be prescribed, give notice in writing to the Minister of the care required by him, and shall furnish such particulars as may be required of such care, and no payment under this section shall be made unless the notice is given and, where any particulars are required as aforesaid, those particulars are furnished.

(6) Where notice is given under subsection (5), the insured person may be required to submit himself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his case, and no payment shall be made under this section if he fails to comply with the requirement.

[1970 HA, s. 6]

(7) Payments under this section shall be made to such persons as the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to a health board, payment may be made to that board.

(8) Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications.

(9) For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations—

(a) general practitioner and specialist care, including domiciliary visiting,

(b) nursing care at home except where the cost is met by an increase under section 46 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions,

(c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary,

(d) dental and optical treatment and appliances,

(e) the care furnished, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and

[S.I. No. 234 of 1967]

(f) conveyance to and from the place where medical care as specified in this subsection is provided.

58 Occupational Accidents Notice of accidents. [1966 OI, s. 27]

58.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 57 may be payable to be given within the prescribed time by the insured person or, where within that time his death results from the accident, by such other person as may be prescribed, to the insured person's employer or another prescribed person.

(2) In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 57 for such period as may be determined in accordance with the regulations.

59 Reporting of accidents by employers. [1966 OI, s. 28]

59.—Regulations may provide for requiring employers—

(a) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable,

(b) to furnish to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and

(c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.

60 Declaration that accident is an occupational accident. [1966 OI, s. 29]

60.—(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.

(2) Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.

(3) Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

(4) Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.

(5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if—

(a) it arises out of and in the course of his employment,

(b) that employment is insurable (occupational injuries) employment, and

(c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State,

and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.

61 Miscellaneous Disqualifications for injury benefit or disablement benefit and suspensions of proceedings. [1966 OI, s. 31]

61.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 6 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, if the person fails without good cause—

(a) to submit himself from time to time to medical examination for the purpose of determining the effect of the relevant accident, whether the accident has resulted in a loss of faculty, at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or the treatment appropriate to the relevant injury or loss of faculty,

(b) to submit himself from time to time to appropriate medical treatment for the relevant injury or loss of faculty,

(c) to attend at such places and times as may be required for the purposes of the said medical examination or treatment, or

(d) to observe any prescribed rules of behaviour.

(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment as aforesaid of such amount as may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.

62 Treating person as incapable of work, etc. [1966 OI, s. 32]

62.—Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision—

(a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and

(b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.

63 Medical treatment and approved hospital treatment. [1966 OI, s. 33]

63.—(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to a person receiving or submitting himself to medical treatment shall be construed accordingly.

(2) References in this Chapter to a person receiving approved hospital treatment shall be construed, in relation to any occupational injuries benefit payable to him, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty.

(3) Regulations may provide that where a person receives medical treatment as an in-patient for two or more distinct periods separated by an interval or intervals of less than a specified duration, he shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last.

64 Rehabilitation. [1966 OI, s. 34; S.I. No. 106 of 1971]

64.—(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act, 1970) for persons entitled to disablement benefit, such contributions as he may, with the consent of the Minister for Finance, determine.

(2) The amounts required for any contributions under this section shall be paid out of the Occupational Injuries Fund.

65 Employment contributions. [1966 OI, s. 36; 1978 AM, s. 16]

65.—(1) Every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly.

(2) (a) In relation to an employed contributor who, but for subsection (1), would not be an employed contributor—

(i) in case he is under the age of 16 years, no employment contributions shall be payable,

(ii) in any other case (including a case in which he is over pensionable age) where in any contribution year a payment is made to or for the benefit of the contributor in respect of reckonable earnings of that contributor, the employment contribution shall consist of an employer's contribution only at the rate of 0.45 per cent. of the amount of the contributor's reckonable earnings to which such payment relates.

(b) In relation to an employed contributor who is an employed contributor by virtue of both section 5 and subsection (1) of this section, the employment contribution mentioned in section 10 (1) (b) (ii) shall be increased by an amount calculated at the rate of 0.45 per cent of the amount of the reckonable earnings by reference to which the employment contribution mentioned in section 10 (1) (b) (ii) is determined.

(3) The provisions of sections 10 (1) (c) and 10 (1) (d) shall apply in like manner to contributions under subsection (2) of this section as they apply to contributions by employers under section 10 (1) (b).

[1970, s. 20; 1973, s. 19]

(4) An employment contribution payable by virtue of subsection (2) (a) (ii) shall not be reckoned for the purposes of qualifying or requalifying any person for any of the benefits referred to in section 17.

(5) The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.

66 Research. [1966 OI, s. 35]

66.—(1) The Minister may promote research into the causes, incidence and methods of prevention of—

(a) accidents and injuries against which occupational injuries insurance is provided, or

(b) diseases against which such insurance is provided or which it is contemplated may be prescribed for the purposes of section 54,

either by himself employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research.

(2) The Minister may pay to persons so employed such salaries or other remuneration, and such travelling or other allowances, as he may, with the consent of the Minister for Finance, determine.

(3) The amounts required for any payments under this section shall be paid out of the Occupational Injuries Fund.

67 Occupational Injuries Fund. [1966 OI, s. 37]

67.—(1) The Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966, shall continue in being and to comprise a current account, to be managed and controlled by the Minister, and an investment account, to be managed and controlled by the Minister for Finance.

(2) (a) Notwithstanding any provision to the contrary, occupational injuries benefits, together with any other payments which under this Chapter are payable out of the Occupational Injuries Fund, shall be paid out of the current account of that Fund, and, for the purpose of providing the moneys for meeting the expenditure on such benefits and other payments, employment contributions paid into the Social Insurance Fund consequent upon section 65 (2) (a) and increases of employment contributions so paid consequent upon section 65 (2) (b) shall be paid out of that Fund to the current account of the Occupational Injuries Fund.

(b) The following sums paid out of the Social Insurance Fund shall be repaid to that Fund out of the Occupational Injuries Fund—

[1970, s. 20]

(i) sums paid by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 54, to a person who is entitled to disablement benefit in respect of such accident, disease or injury,

[1970, s. 20]

(ii) sums paid, in respect of any period by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an injury or disease, being sums paid to a person who is or has been on or after 1st October, 1965, entitled to weekly payments of compensation under the Workmen's Compensation Acts in respect of such injury or disease.

(3) Moneys standing to the credit of the current account of the Occupational Injuries Fund and not required to meet current expenditure shall be transferred to the investment account of that Fund.

(4) Whenever the moneys in the current account of the Occupational Injuries Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of that Fund such sums as may be necessary for the purpose of discharging those liabilities.

(5) Subject to subsection (4), moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.

(6) An investment pursuant to subsection (5) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.

(7) Accounts of the Occupational Injuries Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.

(8) There shall be recoverable from the Occupational Injuries Fund at such times and in such manner as may be directed by the Minister for Finance—

(a) expenses of the Minister (determined on such basis as he considers proper) pursuant to this Chapter, and

(b) expenses of any other Minister (determined on such basis as may be agreed upon between him and the Minister) relating to this Chapter.

(9) Moneys received pursuant to subsection (8) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(10) In estimating expenses for the purposes of subsection (8), 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 Chapter.

(11) (a) The Minister shall cause actuarial reviews to be made into the financial condition of the Occupational Injuries Fund, having regard, in particular, to the adequacy or otherwise of the contributions to support the benefits and other payments, and shall cause a copy of every report of the actuary under this subsection to be laid before each House of the Oireachtas.

[S.I. No. 215 of 1974]

(b) A review under this subsection shall be made in respect of the five-year period ending with 31st December, 1983, and thereafter in respect of the period ending with 31st December in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.

68 Taking of benefit into account in assessing damages. [1966 OI, s. 39; 1974 (No. 2), s. 21]

68.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964, and section 306 of this Act, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 42 (2), after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(3) Notwithstanding section 50 of the Civil Liability Act, 1961, in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person's death.

69 Saver for repeal of Workmen's Compensation Acts, 1934 to 1955. [1966 OI, s. 40]

69.—The Workmen's Compensation Acts, 1934 to 1955, as amended by Part V of the Civil Liability Act, 1961, shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act, 1966, had not been passed, being cases where a right to compensation arose in respect of employment before 1st May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 54, the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.

70 Construction of certain references in Local Government (Superannuation) Act, 1956. [1966 OI, s. 42]

70.—The references to the Social Welfare (Occupational Injuries) Act, 1966, in—

(a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act, 1956, as amended by section 42 of the first-mentioned Act, and

(b) section 43 of the said Local Government (Superannuation) Act, 1956, as so amended,

shall be construed as references to this Chapter.

CHAPTER 6 Pay-Related Benefit

71 Interpretation. [1973 PRB, s. 1; 1978 AM, s. 18 (2)]

71.—In this Chapter—

“reckonable earnings” means, subject to regulations under this Chapter, earnings derived from insurable employment in respect of which employment contributions are payable in accordance with section 10 (1);

“reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week;

“relevant income tax year” means, in relation to pay-related benefit payable in respect of any particular day, such year of assessment within the meaning of the Income Tax Acts as may be prescribed in relation to such benefit.

72 Title to benefit. [1973 PRB, s. 3; 1974 (No. 2), s. 24]

72.—(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—

(a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under Chapter 5 in respect of that day, or

(b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit,

and which is not earlier than the 13th day of incapacity for work or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment.

(2) Any day in respect of which a person is entitled to maternity allowance shall be treated, for the purposes of this section, as a day of incapacity for work.

73 Rate of benefit. [1976, s. 12]

73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to—

(a) for any part of that period up to the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent.,

(b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent.,

(c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 per cent., and

(d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent.,

of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £14 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.

74 Duration of payment. [1976, s. 12]

74.—(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the 393rd day of incapacity for work in that period or in respect of any day of unemployment after the 393rd day of unemployment in that period.

[1980, s. 17]

(2) In calculating for the purposes of this Chapter whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of—

(a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 18 (2) applies,

(b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 29 (2) applies.

75 Transitional provisions. [1975 PRB, s. 4; S.I. No. 114 of 1975]

75.—(1) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 316th day of incapacity for work in that period of interruption of employment.

(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 316th day of unemployment in that period of interruption of employment.

[1976, s. 12]

(2) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date, received pay-related benefit and had not less than 315 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 394th day of incapacity for work in that period of interruption of employment.

(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date received pay-related benefit and had not less than 315 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 394th day of unemployment in that period of interruption of employment.

76 Regulations. [1973 PRB, s. 8]

76.—(1) The Minister may by regulations provide for—

(a) the calculation or estimation of the amount of the reckonable earnings and the amount of the reckonable weekly earnings of a person or class of persons for the purposes of this Chapter, in such manner, by reference to such matters and on such basis as may be specified;

[1973 PRB, s. 9; 1978 AM, s. 18 (3)]

(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid fractions of a penny in the amounts;

[1973 PRB, s. 10]

(c) the application of this Chapter to persons employed in such class or classes of employment as may be specified in the regulations and may by such regulations make such modifications in the provisions of this Chapter as may appear to him to be necessary for that purpose;

(d) the exclusion from the application of this Chapter of persons employed in employment of such class or classes as may be specified in the regulations;

[1973 PRB, s. 11]

(e) the modification of any of the conditions for receipt of pay-related benefit in the case of any claim to such benefit arising during the period which began on 8th April, 1974, and ending on such date as may be specified in the regulations;

[1973 PRB, s. 13]

(f) requiring employers, for the purposes of pay-related contributions and pay-related benefit, to keep such records as may be specified in the regulations of the earnings of persons employed by them and to retain the records for such periods as may be prescribed and any records so specified shall be deemed to be documents for the purposes of section 114.

[1973 PRB, s. 10]

(2) A class of employment may be specified in regulations under subsection (1) (c) or (d) in such manner and by reference to such matters as the Minister thinks appropriate.

(3) Where regulations modifying the provisions of this Chapter are proposed to be made under subsection (1) (c) or (d), 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.

77 Information in relation to reckonable earnings. [1973 PRB, s. 12; 1978 AM, s. 18 (3)]

77.—The Revenue Commissioners may give to the Minister such information in relation to reckonable earnings as may be necessary for the purpose of pay-related benefit.

CHAPTER 7 Old Age (Contributory) Pension

78 Title to pension. [1952, s. 25A; 1960 AM, s. 7]

78.—(1) Subject to this Act, a person shall be entitled to an old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 79.

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

(2) Subject to section 125, payment of old age (contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

[1978 AM, s. 13 (2)]

(3) For the purposes of this Chapter “yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the date of his attaining pensionable age.

79 Conditions for receipt. [1952, Sch. 4; 1960 AM, s. 16; 1978 AM, ss. 13, 14]

79.—(1) The contribution conditions for an old age (contributory) pension are—

(a) subject to subsection (2), that the claimant has entered into insurance before attaining the age of 56 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average of not less than 48.

[1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]

(2) (a) In the case of a person who attained the age of 57 years before 1st July, 1974, subsection (1) (a) shall be construed as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after 1st July, 1974, subsection 1 (a) shall be construed as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (a) shall be construed as if “57” were substituted for “56” and paragraph (b) of this subsection shall not apply on his attaining the age of 57 years.

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

[1974 (No. 2), s. 11]

(3) (a) A person who attained the age of 69 years on or after 1st July, 1974, but before 5th January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if that would be to his advantage.

(b) A person who attained the age of 69 years before 1st July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1975, s. 10]

(4) (a) A person who attained the age of 68 years on or after 1st April, 1975, but before 3rd January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if that would be to his advantage.

(b) A person who attained the age of 68 years before 1st April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1977, s. 13]

(5) (a) A person who attained the age of 67 years on or after 1st October, 1977, but before 1st January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if that would be to his advantage.

(b) A person who attained the age of 67 years before 1st October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1952, s. 14]

(6) Regulations may provide for modifications of the meaning of yearly average contained in section 78 (3) or of the contribution conditions set out in this section 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. 28A; 1960 AM, s. 10]

(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.

[1960 AM, s. 10; 1964 MP, s. 9]

(8) Regulations for the purposes of subsection (7) shall provide that old age (contributory) pension 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) (c) is satisfied, but any increase of benefit payable under section 81 (1) or section 81 (2) shall be the same as if that condition had been fully satisfied.

[1952, s. 66A; 1960 AM, s. 13]

(9) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts, 1911 to 1952 (other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 (S.I. No. 87 of 1979)), shall be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.

(10) Regulations under subsection (9) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts, 1911 to 1952, or who were absent from the State before 3rd October, 1960, of any of the contribution conditions for old age (contributory) pension.

[1967 MP, s. 11]

(11) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5.

80 Rates of pension. [1952, s. 14]

80.—Subject to this Part, the weekly rates of old age (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule.

81 Increases (including increases for adult and child dependants). [1952, s. 26; 1960 AM, s. 8]

81.—(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,

and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension.

[1952, s. 27; 1960 AM, s. 9; 1964 MP, s. 8; 1976, s. 18]

(2) The weekly rate of old age (contributory) pension 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.

[1952, s. 26; 1974 (No. 2), s. 19]

(3) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(4) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension is living alone.

[1969 MP, s.9]

(5) In determining the weekly rate of old age (contributory) pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

82 Power to wind up or modify existing schemes and arrangements for the provision of superannuation and redundancy payments. [1960 AM, s. 18]

82.—(a) Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, and

(b) any such scheme or arrangement other than a scheme or arrangement for the provision of compensation for redundancy may be wound-up,

in connection with the provision under this Chapter of a scheme of old age (contributory) pensions either—

(i) by agreement between the different parties concerned in the scheme or arrangement, or

(ii) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme or arrangement, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or arrangement or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry, Commerce and Tourism.

CHAPTER 8 Retirement Pension

83 Title to pension. [1952, s. 25D; 1970, s. 7]

83.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 84.

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

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

(3) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.

[1978 AM, s. 13]

(4) For the purposes of this Chapter—

“yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(i) on 5th January, 1953, in case the claimant is a man or on 6th July, 1953, in case the claimant is a woman, or

(ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after 5th January, 1953, in the case of a man or 6th July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of 65 years.

84 Conditions for receipt. [1952, Sch. 4; 1970, Sch.]

84.—(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average of not less than 48.

[1952, s. 14]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 83 (4) or of the contribution conditions set out in this section 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. 66B; 1970, s. 16]

(3) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.

[1952, s.28B; 1970, s. 10]

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

(5) Regulations under subsection (4) shall provide that retirement pension 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) (c) is satisfied but any increase of that pension payable under section 86 (1) or section 86 (2) shall be the same as if that condition had been fully satisfied.

85 Rates of pension. [1952, s. 14]

85.—Subject to this Part, the weekly rates of retirement pension shall be as set out in column (2) of Part I of the Second Schedule.

86 Increases (including increases for adult and child dependants). [1952, s. 26; 1970, s. 8]

86.—(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.

[1952, s. 27; 1970, s. 9; 1976, s. 18]

(2) The weekly rate of retirement pension 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.

[1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of retirement pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(4) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 9 Survivor's Benefit

87 Title to-benefit. [1952, s. 26; 1963 MP, s. 11; 1976, s. 17]

87.—(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 81 (1) or 86 (1) in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow.

(2) Benefit under this section shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity.

(3) A man shall be disqualified for receiving benefit under this section if and so long as he and any other person are cohabiting as man and wife.

(4) Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period—

(i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension,

(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section.

CHAPTER 10 Invalidity Pension

88 Title to pension. [1952, s. 25C; 1970, s. 6]

88.—(1) Subject to this Act, a person shall be entitled to invalidity pension if—

(a) he is permanently incapable of work, and

(b) he satisfies the contribution conditions in section 89.

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

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

(3) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.

(4) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.

89 Conditions for receipt. [1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13]

89.—(1) The contribution conditions for invalidity pension are—

(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date.

(2) In this section “relevant date” means any date subsequent to the completion of one year of continuous incapacity for work where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work.

[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. 66B; 1970, s. 16]

(4) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension.

90 Rates of pension. [1952, s. 14]

90.—Subject to this Part, the weekly rates of invalidity pension shall be as set out in column (2) of Part I of the Second Schedule.

91 Increases (including increases for adult and child dependants). [1952, s. 26; 1970, s. 8; 1980, s. 19]

91.—(1) The weekly rate of invalidity pension 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 pension under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1970, s. 9; 1976, s. 18]

(2) The weekly rate of invalidity pension 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.

[1952, s. 26; 1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977. s. 14 (2)]

(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 11 Widow's (Contributory) Pension

92 Title to pension. [1952, s. 22; 1960 AM, s. 6; 1974 (No.2), s. 18]

92.—(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death.

(2) A widow's (contributory) pension shall not be payable for any period after her remarriage.

(3) A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife.

[1979, s. 24]

(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.

[1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]

(5) In this Chapter—

“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;

“husband”, in relation to a woman who has been married more than once, refers only to her last husband.

(6) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 93 (1)(b).

93 Conditions for receipt. [1952, Sch. 4; 1966 MP, s. 12; 1978 AM, s.13]

93.—(1) The contribution conditions for a widow's (contributory) pension are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or(if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if those conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).

[1960 AM, s. 16]

(2) In this section—

“relevant time” means—

(a) the date of the husband's attaining pensionable age or dying under that age, or

(b) if the conditions are being satisfied on the widow's insurance record—

(i) the date of the husband's death, or

(ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age.

[1952, s. 14]

(3) Regulations may provide for modifications of the meaning of yearly average contained in section 92 (6) or of the contribution conditions in this section 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. 28A; 1960 AM, s. 10; 1966 MP, s. 6]

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

[1966 MP, s. 6]

(5) Regulations for the purposes of subsection (4) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rates 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 payable under section 95 (1) shall be the same as if that condition had been fully satisfied.

[1967 MP, s. 11]

(6) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of section 5.

[1974 (No. 2), s. 11]

(7) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st July, 1974, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1975, s. 10]

(8) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after 1st April, 1975, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1977, s. 13]

(9) (a) Entitlement to a widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant,