SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

• (4) Regulations may make provision (subject to subsection (3)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.

[1981, s. 18(6); 1987, s. 9(1)]

• (5) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1981, s. 18(7); 1987 (No. 2), s. 16(1)(b)]

• (6) A person who was in receipt of maternity benefit under section 37 on any of the 3 days prior to the day in respect of which a claim for disability benefit is made shall not be entitled to disability benefit for the first 3 days of incapacity for work in respect of such claim.

32 Conditions for receipt.

[1992, s. 32(4)(a)]

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

• (a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

• (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

• (c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period.

[1987, ss. 8(1), 8(6)(a)]

• (2) In the case of any claim for disability benefit where the period of interruption of employment commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “26” were substituted for “39”.

[1992, s. 32(1)]

• (3) Regulations may provide for entitling to disability benefit, subject to such conditions as may be prescribed, such class or classes of persons as would be entitled thereto but for the fact that the requirement in paragraph (b) of subsection (1) that there must be qualifying contributions in respect of at least 13 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.

[1981, s. 19(2)]

• (4) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after the 3rd day of January, 1981, or would but for the provisions of section 31(2) or 36(1) have been so entitled, then, as respects disability benefit, the benefit year which includes the 1st such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the condition contained in paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid.

[1981, s. 19(3)]

• (5) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

[1992, s. 32(4)(b)]

• (6) Subject to subsection (7), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1)(c) is not satisfied.

[1992, s. 32(4)(b)]

• (7) Regulations for the purposes of subsection (6) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1)(c) is satisfied.

[1992, s. 32(3)]

• (8) The requirement contained in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work commencing before the 1st day of July, 1992.

33 Rate of benefit.

[1981, s. 20]

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

34 Increases for adult and child dependants.

[1981, s. 21(1)]

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

[1982, s. 2(2)]

• (2) The weekly rate of disability benefit shall be increased by the appropriate 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.

[1985 (No.2), s. 4(1)]

• (3) Any increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

35 Duration of payment.

[1991, s. 55(1); 1993, s. 12(1)]

35.—(1) Where a person—

• (a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and

• (b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date 1 year immediately prior to that day, to disability benefit for 312 days,

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

[1993, s. 12(2)]

• (2) In the case of any claim for disability benefit which was made before the 5th day of April, 1993 subsection (1)(b) shall be construed as if “3 years” were substituted for “1 year”.

[1991, s. 55(1A)]

• (3) Notwithstanding subsection (1), where in any period a person has exhausted his entitlement to disability benefit he shall not requalify therefor unless he satisfies the conditions set out in subsection (4).

[1981, s. 22(2)]

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

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

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

[1992, s. 33]

• (5) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 36 shall be treated as though it were a period in respect of which disability benefit was paid.

[1981, s. 22(3)]

• (6) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim:

Provided that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1990, s. 32]

• (7) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1)(b) of section 32 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.

[1987, ss. 8(2), 8(6)(b); 1993, s. 35(1)]

• (8) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “156” were substituted for “260”.

[1987 (No. 2), ss. 8(1), 8(2); 1993, s. 35(2)]

• (9) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced on or after the 6th day of April, 1987 and before the 4th day of January, 1988, subsection (1)(a) shall be construed as if “208” were substituted for “260”.

[1987 (No. 2), s. 8(3)]

• (10) Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work commenced on or after the 4th day of July, 1988.

36 Disqualifications.

[1981, s. 23(1); 1986, s. 9(1)]

36.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Part if—

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

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

[1981, s. 23(2)]

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

[1981, s. 23(3)]

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

CHAPTER 8 Maternity Benefit

37 Entitlement to and duration of benefit.

[1992, s. 19(1)]

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

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

• (b) she is, immediately before the first day of maternity leave, an employed contributor, or it is certified by her employer that she may resume employment after the end of the period of maternity leave, where such employment is an employment specified in Part I of the First Schedule and is not an employment specified in Part II of that Schedule, and

• (c) she satisfies the contribution conditions in section 38.

[1993, s. 8(1)]

• (2) Regulations may provide for entitling to maternity benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of women who would be entitled thereto but for the fact that the conditions set out in subsections (1)(b) and (1)(c) are not satisfied.

[1992, s. 19(1)]

• (3) In this Chapter “maternity leave” means the period for which maternity benefit is payable in accordance with paragraph (a) or (b) of subsection (4), as the case may be.

[1992, s. 19(1)]

• (4) Subject to this Chapter, the period for which maternity benefit is payable shall be—

• (a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act), or

• (b) in the case of a woman not so entitled to maternity leave, the period of 14 consecutive weeks beginning on such day as she selects, being not later than 4 weeks before the end of the expected week of confinement and shall end on such day as she selects, being not earlier than 4 weeks after the end of the expected week of confinement, but—

• (i) if the woman who is entitled to the benefit dies, the benefit shall not be payable for any subsequent week, or

• (ii) if the date of confinement occurs after the expected week of confinement, the benefit shall, subject to subparagraph (i), be payable until the expiration of the 4th week after the week in which that date occurs:

Provided that, in any case where the date of confinement occurs after the expected date of confinement, the period for which maternity benefit is payable shall not exceed 18 weeks.

[1992, s. 19(1)]

• (5) Regulations may modify subsections (1) and (4) in relation to cases where—

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

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

[1992, s. 19(1)]

• (6) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity benefit and, accordingly, the amount payable by way of such benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1992, s. 19(1)]

• (7) For the purposes of subsection (4)(a), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.

[1992, s. 19(1)]

• (8) Regulations may provide for requiring an employer to furnish such information as may be required for the purposes of determining a claim for maternity benefit.

38 Conditions for receipt.

[1992, s. 19(1)]

38.—(1) The contribution conditions for maternity benefit are—

• (a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the 1st day of maternity leave, and

• (ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the 1st day of maternity leave occurs or in a subsequent complete contribution year before the 1st day of maternity leave, or

• (b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the 1st day of maternity leave.

[1992, s. 19(1)]

• (2) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

39 Rate of benefit.

[1992, s. 19(1)]

39.—(1) Subject to this Act, the weekly rate of maternity benefit shall be an amount equal to—

• (a) 70 per cent. of the reckonable weekly earnings of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

• (b) such amount as shall be prescribed,

whichever is the greater.

[1992, s. 19(1)]

• (2) The percentage specified in subsection (1)(a) may be varied by regulations having regard to—

• (a) movements in the annual average earnings of women, and

• (b) the imposition or variation of statutory deductions from or charges on earnings.

[1993, s. 8(2)]

• (3) In this section “reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings and such other income as may be prescribed, received in a week up to such limit as may be prescribed.

40 Disqualifications.

[1992, s. 19(1)]

40.—Regulations may provide for disqualifying a woman for receiving maternity benefit if—

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

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

41 Supplementary provisions.

[1992, s. 19(1)]

41.—(1) In this Chapter—

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

• (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.

[1992, s. 19(1)]

• (2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

CHAPTER 9 Unemployment Benefit

42 Entitlement to benefit.

[1992, s. 28(1)]

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

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

• (b) he proves unemployment in the prescribed manner,

• (c) he satisfies the contribution conditions in section 43, and

• (d) he has sustained a substantial loss of employment in any period of 6 consecutive days.

[1992, s. 28(1)]

• (2) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.

[1981, s. 29(2)]

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

[1981, s. 29(4); 1989, s. 28(1); 1993, s. 25(1)]

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

• (a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—

• (i) he is capable of work,

• (ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

• (iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances,

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

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

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

[1986, s. 19(b); 1987, s. 11; 1990, s. 47(a)]

• (5) Notwithstanding anything contained in subsection (4), any period, not exceeding 1 year in duration, of—

• (a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,

• (b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,

• (c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,

• (d) attendance at a training course provided or approved of by An Foras Áiseanna Saothair,

• (e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,

• (f) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme, or

• (g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme,

shall be disregarded in treating, pursuant to subsection (4)(c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.

[1981, s. 29(5)]

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

[1981, s. 29(6); 1987, s. 9(2)(a)]

• (7) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1983, s. 6(1); 1987, s. 9(2)(b)]

• (8) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which such benefit is paid and the number of days worked shall not exceed 5, and in such a case the amount payable by way of such benefit for any day of unemployment in that week shall, notwithstanding subsection (7), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

43 Conditions for receipt.

[1991, s. 19(1)]

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

• (a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed,

• (b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

• (c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.

[1987, ss. 8(4), 8(6)(d)]

• (2) In the case of any claim for unemployment benefit where the period of interruption of employment commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “26” were substituted for “39”.

[1981, s. 30(2)]

• (3) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 42(3), 47(1) or 47(4) have been so entitled then, as respects unemployment benefit, the benefit year which includes the 1st such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b), be regarded as continuing so long as the period of interruption of employment continues.

[1981, s. 30(3)]

• (4) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

[1991, s. 19(1)]

• (5) Subject to subsection (6), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1)(c) is not satisfied.

[1991, s. 19(1)]

• (6) Regulations for the purposes of subsection (5) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1)(c) is satisfied.

44 Rate of benefit.

[1981, s. 31]

44.—Subject to this Act, the weekly rate of unemployment benefit shall be as set out in column (2) of Part I of the second Schedule.

45 Increases for adult and child dependants.

[1981, s. 32(1)]

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

[1982, s. 2(3)]

• (2) The weekly rate of unemployment benefit shall be increased by the appropriate 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.

[1985 (No. 2), s. 4(1)]

• (3) Any increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

46 Duration of payment.

[1985 (No. 2), s. 6(a)]

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

[1981, s. 34(2)]

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

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

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

[1985 (No. 2), s. 6(b)]

• (3) Subsection (1) shall, in respect of a person who is over the age of 18 years, have effect as if “390 days” were substituted for “156 days”.

[1981, s. 34(4); 1991, s. 49(1)]

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

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

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

[1981, s. 34(9)]

• (5) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim:

Provided that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1989, s. 14(2)]

• (6) For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid.

[1992, s. 31(1)]

• (7) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (4) of section 47 shall be treated as though it were a period in respect of which unemployment benefit was paid.

[1991, s. 49(2)]

• (8) Where, in any period of interruption of employment, a person was in receipt of unemployment benefit on the 11th day of April, 1991 for more than 155 days, subsection (4)(a) shall be construed as if a reference to “since the 156th day for which he was entitled to that benefit” was substituted for the reference to “since the last day for which he was entitled to that benefit”.

47 Disqualifications.

[1981, s. 35(1); 1987 (No. 2), s. 13(1)]

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

Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1981, s. 35(2)]

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

[1984AM, s. 2]

• (3) A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1981, s. 35(3); 1992, ss. 29(1), 31(2)]

• (4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Act if he—

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

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

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

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

• (e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,

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

[1981, s. 35(4)]

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

[1981, s. 35(5)]

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

• (a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute,

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

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

CHAPTER 10 Occupational Injuries Benefits

Preliminary

48 Interpretation.

[1981, s. 36]

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

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

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

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

“disablement gratuity” has the meaning specified in section 54(7);

“disablement pension” has the meaning specified in section 54(8) or (9);

“injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 54(2), disablement benefit in respect of the accident is not available to the insured person;

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

“medical treatment” has the meaning specified in section 72(1);

“occupational accident” has the meaning specified in section 69;

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

“relevant loss of faculty” means the loss of faculty resulting from the relevant injury;

“unemployability supplement” has the meaning specified in section 56(3).

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

Insurable Employment

49 Occupational injuries insurance.

[1981, s. 37(1)]

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

[1981, s. 37(2)]

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

50 Insurable (occupational injuries) employment.

[1981, s. 38(1)]

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

[1981, s. 38(2)]

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

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

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

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

• (b) In paragraph (a) (ii)—

“ship” means—

• (i) any ship registered in the State, or

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

“aircraft” means—

• (i) any aircraft registered in the State, or

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

[1981, s. 38(3); 1988, s. 29(a)]

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

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

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

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

• (d) employment, otherwise than under contract of service, specified in paragraph 10 of Part I of the First Schedule.

[1981, s. 38(4)]

• (4) For the purposes of this section, paragraph 2 of Part II of the First Schedule shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer.

[1981, s. 38(6)]

• (5) For the purposes of this section, a pilot to whom the Pilotage Act, 1913, applies shall, when employed on any ship as defined in subsection (2)(b), be deemed to be a member of the crew of that ship.

[1981, s. 38(7)]

• (6) The Minister may, in relation to paragraphs 4 and 5 of Part II of the First Schedule, by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified.

[1981, s. 38(8)]

• (7) The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part II of the First Schedule.

[1981, s. 38(9)]

• (8) Where it appears to the Minister—

• (a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of this Part, and

• (b) that either—

• (i) the first-mentioned employment can conveniently be included among the excepted employments, or

• (ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments,

the Minister may by regulations provide that the employment shall be so included.

[1981, s. 38(10)]

• (9) The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2)(a)(ii).

[1993, s. 26(1)]

• (10) A person who is unemployed shall, while in attendance at such course as may be prescribed and provided by such person as may be prescribed, be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment and to be employed by the person by whom the course is being provided.

[1984AM, s. 3]

• (11) A person employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme shall be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment.

51 Extension of meaning of references to accidents arising out of and in course of employment.

[1981, s. 39(1)]

51.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment.

[1981, s. 39(2)]

• (2) An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment if—

• (a) the accident arises in the course of the employment,

• (b) the accident—

• (i) either is caused by another person's misconduct, negligence or misbehaviour, or by steps taken in consequence of any such misconduct, negligence or misbehaviour or by the behaviour or presence of an animal (including a bird, fish or insect), or

• (ii) is caused by or consists in the insured person's being struck by any object or by lightning, and

• (c) the insured person did not directly or indirectly cause or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.

[1981, s. 39(3)]

• (3) An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—

• (a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and

• (b) the act is done for the purposes of and in connection with the employer's trade or business.

[1986, s. 12]

• (4) An accident happening to an insured person while travelling to or from his place of work shall, subject to such conditions as may be prescribed, be deemed for the purposes of this Part to arise out of and in the course of his employment.

[1981, s. 39(5)]

• (5) An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

[1981, s. 39(6)]

• (6) An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.

52 Accidents in illegal employment and accidents outside State.

[1981, s. 40(1)]

52.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 66, or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or non-compliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received.

[1981, s. 40(2)]

• (2) In subsection (1) “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due.

[1981, s. 41]

• (3) Except where regulations otherwise provide, an occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside of the State.

Benefits

53 Injury benefit.

[1981, s. 42(1); 1991, s. 42(1); 1993, s. 38(1)]

53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, he is incapable of work during the injury benefit period:

Provided that an insured person shall not be entitled to injury benefit in respect of the first 3 such days.

[1986, s. 13(b)]

• (2) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.

[1981, s. 42(3)]

• (3) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded.

[1981, s. 42(4)]

• (4) Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of Part I of the second Schedule.

[1988, s. 24(1)]

• (5) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1981, s. 42(6)]

• (6) A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.

54 Disablement benefit.

[1981, s. 43(1); 1993, s. 38(1)]

54.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with the following provisions of this section amounts to not less than 1 per cent.; and, for the purposes of those provisions, there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to 1 per cent.

[1981, s. 43(2)]

• (2) Disablement benefit shall not be available to an insured person until after the 3rd day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident, nor until after the last day, if any, of that period on which he is incapable of work as a result of the relevant accident:

Provided that, if he is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.

[1981, s. 43(3)]

• (3) For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles—

• (a) save as hereafter provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;

• (b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to the provisions of any regulations made under subsection (4), it shall not be so treated in so far as the claimant either—

• (i) would in any case have been subject thereto as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or

• (ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to, that accident;

• (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition;

• (d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly.

[1981, s. 43(4)]

• (4) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in subsection (3)(c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.

[1981, s. 43(5)]

• (5) The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty:

Provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period—

• (a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the said possibility, and

• (b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.

[1981, s. 43(6)]

• (6) An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:

Provided that—

• (a) the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and

• (b) a percentage between 20 and 100 which is not a multiple of 10 shall be treated—

• (i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and

• (ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.

[1981, s. 43(7); 1986, s. 21(1)]

• (7)
• (a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent., disablement benefit shall be a gratuity (in this Chapter referred to as “a disablement gratuity”)—

• (i) of an amount fixed, in accordance with the length of the said period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in Part II of the second Schedule,

• (ii) payable, if and in such cases as regulations so provide, by instalments.

• (b) The scale prescribed for the purposes of paragraph (a) shall be the same for all persons.

[1986, s. 21(1)]

• (8) Where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent. or more, disablement benefit shall be a pension (in this Chapter referred to as “a disablement pension”) for that period at the weekly rate set out in column (2) of Part III of the second Schedule appropriate to the degree of disablement:

Provided that where the period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.

[1981, s. 43(9); 1986, s. 21(1); 1990, s. 39(1)]

• (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 and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent., 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) the 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:

Provided 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,

• (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.

[1990, s. 39(2)]

• (10) In the case of any assessment of disablement where the period to be taken into account by the assessment commenced before the 1st day of May, 1990, subsection (9)(a) shall be construed as if the reference to “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.” were deleted.

55 Increase of injury benefit and disablement pension for adult and child dependants.

[1981, s. 44(1)]

55.—(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.

[1982, s. 2(4)]

• (2) The weekly rate of injury benefit shall be increased by the appropriate 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.

[1985 (No. 2), s. 4]

• (3) Any increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1992, s. 38]

• (4) Subsections (1), (2) and (3) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.

56 Increase of disablement pension on account of unemployability.

[1981, s. 45(1); 1993, s. 38(3)]

[1981, s. 45(2); 1981AM, s. 13]

56.—(1) Subject to this Act, 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.

• (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 such amount as may be prescribed.

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

[1981, s. 45(3)]

• (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.

57 Increase of disablement pension where constant attendance is needed.

[1981, s. 46(1)]

[1981, s. 46(2)]

57.—(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 amounts 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.

58 Adjustments for successive accidents.

[1981, s. 48(1)]

58.—(1) Where a person suffers 2 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 2 or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 54(8),

• (b) 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.

[1981, s. 48(2)]

• (2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 55, 56 and 57.

59 Entitlement to death benefit.

[1981, s. 49; 1993, s. 38(1)]

59.—Subject to this Act, where an insured person dies as a result of personal injury caused on or after the 1st day of 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 60 to 63.

60 Death benefit for widows and widowers and increases for qualified children, etc.

60.—(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.

[1981, s. 50(1)] [1981, s. 50(2)]

• (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.

[1981, s. 50(3)]

• (3) A pension under subsection (2) shall not be payable for any period after the remarriage of the widow.

[1981, s. 50(4)]

• (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 husband and wife.

[1981, s. 50(5)]

• (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.

[1981, s. 50(6)]

• (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.

[1981, s. 50(7)]

• (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.

[1981, s. 50(8)]

• (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.

[1992, s. 16(1)]

• (9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate 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.

61 Death benefit — parents.

[1981, s. 51(1)]

61.—(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.

[1981AM, s. 14(2), 1990, s. 50(2)]

• (2) Subject to subsections (3) and (4), the death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the second Schedule, increased, in the case of a person who has attained pensionable age, by the amount set out in column (7) of that Part I of the second Schedule where the beneficiary is living alone.

[1990, s. 50(1)]

• (3) Subject to subsection (4), the weekly rate of pension payable to a parent shall be—

• (a) at the reduced weekly rate, where the deceased was at death a married person,

• (b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person—

• (i) in any case where the parent is the father and 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,

• (ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or

• (iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband,

• (c) at the reduced weekly rate in any other case.

[1990, s. 50(1)]

• (4) Where a person, to whom the provisions of subparagraph (i) of subsection (3)(b) apply, 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 reduced weekly rate and, if at that time the provisions of subsection (3)(b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate.

[1990, s. 50(1)]

• (5) In this section—

“reduced weekly rate” means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(i) in Part I of the second Schedule;

“maximum weekly rate” means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 2(b)(ii) in Part I of the second Schedule.

[1981, s. 51(4)]

• (6) Where a parent was partly maintained by each of 2 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.

[1981, s. 51(5)]

• (7) 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.

[1981, s. 51(6)]

• (8) 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 husband and wife.

[1981, s. 51(7)]

• (9) For the purposes of subsections (1) and (6) “parent”, if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 to 1991, shall be taken as referring to the adopters or the adopter, and includes a step-parent.

62 Death benefit — orphans.

[1981, s. 52(1)]

62.—(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.

[1981, s. 52(2)]

• (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.

[1981, s. 52(3)]

• (3) Section 109 shall apply to a pension under this section as it applies to an orphan's (contributory) allowance.

63 Death benefit — funeral expenses.

[1981, s. 53(1)]

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

[1981, s. 53(2)]

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

[1981, s. 53(3)]

• (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.

[1981, s. 53(4)]

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

64 Supplements to workmen's compensation payments.

[1981, s. 55(1)]

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

• (a) are or have been on or after the 1st day of 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.

[1981, s. 55(2)]

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

• (a) are or have been on or after the 1st day of 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,