SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

• (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,

• (b) A widow who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, 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 October, 1977, 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.

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

94.—Subject to this Part, the weekly rates of widow's (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule.

95 Increases (including increases for child dependants). [1976, s. 18]

95.—(1) The weekly rate of widow's (contributory) pension 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.

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

• (2) The weekly rate of widow's (contributory) pension, in the case of a person who has attained pensionable age, 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)]

• (3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of Part Iof the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 12 Orphan's (Contributory) Allowance

96 Title to allowance. [1952, s. 23]

96.—Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.

97 Condition for receipt. [1952, Sch. 4; 1978 AM, s. 13]

97.—(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—

• (a) a parent of the orphan,

• (b) a step-parent of the orphan.

[1952, s. 14]

• (2) Regulations may provide for modifications of this contribution condition 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.

[1969 MP, s. 9; 1970, s. 29]

• (3) In deciding whether an orphan's (contributory) allowance 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.

98 Rate of allowance. [1952, s. 14]

98.—Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the Second Schedule.

[1952, s. 14]

99 Payment of allowance. [1952, s. 24]

99.—(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.

• (2) An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.

CHAPTER 13 Deserted Wife's Benefit

100 Title to benefit. [1952, s. 25E; 1973, s. 17; 1978 AM, s. 13]

100.—(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who—

• (a) has been deserted by her husband,

• (b) if she is less than 40 years of age, has at least one qualified child residing with her,

• (c) satisfies the contribution conditions in section 101, and

• (d) satisfies such other conditions as may be prescribed.

• (2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195 (4) (a).

• (3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.

• (4) 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 101 (1) (b).

101 Conditions for receipt. [1952, Sch.4; 1974 (No.2), s. 20; 1978 AM, s. 13]

101.—(1) The contribution conditions for deserted wife's benefit 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 the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

• (2) In this section “relevant time” means—

• (a) the date on which the husband attained pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or

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

• (i) if she attained pensionable age before the date on which she is determined to have been deserted by her husband, the date on which she attained that age, or

• (ii) the date on which she is determined to have been deserted by her husband.

[1952, s. 14]

• (3) Regulations may provide for modifications of the meaning of yearly average contained in section 100 (4) 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.28C; 1973, s, 17]

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

• (5) Regulations under subsection (4) shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit payable under section 103 (1) shall be the same as if that condition had been fully satisfied.

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

• (6)
• (a) Entitlement to deserted wife's benefit 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 deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded deserted wife's benefit 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 benefit 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]

• (7)
• (a) Entitlement to deserted wife's benefit 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 deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded deserted wife's benefit 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 benefit 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]

• (8)
• (a) Entitlement to deserted wife's benefit 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.

• (b) A deserted wife who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded deserted wife's benefit 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 October, 1977, have a right to such benefit 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.

102 Rates of benefit. [1952, s. 14]

102.—Subject to this Part, the weekly rates of deserted wife's benefit shall be as set out in column (2) of Part I of the Second Schedule.

103 Increases (including increases for child dependants). [1952, s. 27; 1973, s. 17; 1976, s. 18]

103.—(1) The weekly rate of deserted wife's benefit 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.

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

• (2) The weekly rate of deserted wife's benefit, in the case of a person who has attained pensionable age, 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)]

• (3) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the benefit has attained pensionable age and is living alone.

CHAPTER 14 Maternity Grant

104 Title to grant. [1952, s. 19]

104.—(1) Subject to this Act, a woman who has been confined shall be entitled—

• (a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and

• (b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.

• (2) For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.

[1952, s. 21]

• (3) In this Chapter, for the purpose of determining entitlement to maternity grant—

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

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

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

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

105.—(1) The contribution conditions for a maternity grant are—

• (a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and

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

• (2) In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age.

[1952, s. 14]

• (3) Regulations may provide for modifications 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.

106 Amount of grant. [1952, s. 14]

106.—Subject to this Part, the amount of a maternity grant shall be as set out in Part VI of the Second Schedule.

CHAPTER 15 Death Grant

107 Title to grant. [1952, s. 25 B; 1970, s. 5]

107.—(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—

• (a) an insured person,

• (b) the wife or husband of an insured person,

• (c) the widow or widower of a deceased insured person, or

• (d) a qualified child,

if the contribution conditions in section 108 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

• (2) For the purposes of this section, in item 2 of Part VI of the Second Schedule and section 108 (2) “qualified child” means a person—

• (a) who is under the age of 18 years at the date of death,

• (b) who is ordinarily resident in the State on that date, and

• (c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.

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

108.—(1) The contribution conditions for a death grant are—

• (a) that before the relevant date the relevant insured person has qualifying contributions in respect of not less than 26 contribution weeks since his entry into insurance or since 1st October, 1970, (whichever is the later), and

• (b) that either—

• (i) the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, 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 or the beginning of the contribution year next following 1st October, 1970, (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than 48.

[1974(No, 1), s. 7]

• (2) In this Chapter “relevant insured person” means—

• (a) in case the deceased person was a qualified child—

• (i) the father or mother of such deceased person, or

• (ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 2 (6), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or

• (iii) the spouse of the person referred to in subparagraph (ii),

• (b) in any other case, the deceased person or the spouse of the deceased person;

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (1) (b)(ii).

[1952, s. 14]

• (3) Regulations may provide for modifications of the contribution conditions for receipt of a death grant 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. 28B; 1970, s. 10]

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

• (5) Regulations under subsection (4) shall provide that a death grant payable by virtue thereof shall be of an amount less than that specified in Part VI of the Second Schedule, and the amount specified in the regulations may vary with the extent to which the relevant contribution condition set out in subsection (1) (b) is satisfied.

[1952, s. 66B; 1970, s. 16]

• (6) Regulations may provide for modifications of the contribution conditions for a death grant in the case of a person who was an insured person on 1st October, 1970, and who, during the year subsequent to that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 11 (1) (b) (ii).

109 Amount of grant. [1952, s. 14]