Legalize / Ireland / Act

Social Welfare (Consolidation) Act , 1993

Type Act

Publication 1993-11-09

State In force

Source Irish Statute Book

articles 304

Reform history JSON API

85 Disregard of self-employment contributions in certain cases.

[1993, s. 20]

85.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for old age (contributory) pension on or after the 6th day of April, 1993, he shall not be regarded as having satisfied the contribution conditions contained in section 84 unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20]

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

86 Rate of pension.

[1981, s. 80]

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

87 Increases (including increases for adult and child dependants).

[1981AM, s. 15(1)]

87.—(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 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.

[1982, s. 2(6)]

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

[1981, s. 81(4)]

(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 beneficiary is living alone.

[1990, s. 49(a)]

(5) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 13 Retirement Pension

88 Entitlement to pension.

[1981, s. 83(1)]

88.—(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 89.

[1981, s. 83(3)]

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

[1992, s. 11(1)]

(3) In 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—

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

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 his attaining the age of 65 years;

“alternative 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 on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.

[1991, s. 27(1); 1993, s. 36(5)]

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 89 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991), and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him.

[1991, s. 24(1)]

(5) For the purposes of this Chapter, in the case of a relevant person “entry into insurance” means in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 89(1).

[1991, s. 24(1)]

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for retirement pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 24(1)]

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

89 Conditions for receipt.

[1981, s. 84(1)]

89.—(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

[1992, s. 11(2), (3)]

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 84(2)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 88(3) or of the contribution conditions set out in this section.

[1981, s. 84(3)]

(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.

[1992, s. 11(2)]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 11(2)]

(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 by reference to the yearly average so calculated, but any increase of that pension payable under section 91(1) or section 91(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1991, s. 24(2); S.I. No. 312 of 1991, A.4]

(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities[^1], or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the

employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991).

[1991, s. 24(2); S.I. No. 312 of 1991, A.4]

(7) Regulations for the purposes of subsection (6) shall provide that retirement pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by him,

reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.

90 Rate of pension.

[1981, s. 85]

90.—Subject to this Part, the weekly rate of retirement 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).

[1981AM, s. 15(2)]

91.—(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 the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1982, s. 2(7)]

(2) The weekly rate of retirement pension 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 retirement pension 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.

[1981, s. 86(4)]

(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 beneficiary has attained pensionable age and is living alone.

[1990, s. 49(b)]

(5) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 14 Survivor's Benefit

92 Entitlement to benefit.

[1981, s. 87(1); 1985 (No. 2), s. 8]

92.—(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 87(1) or 91(1) in respect of a period ending on such death, her husband shall be entitled to survivor's benefit:

Provided that he is incapable of self-support by reason of some mental or physical infirmity.

[1981, s. 87(2)]

(2) Survivor's benefit shall not be payable for any period after—

(a) the remarriage of the beneficiary, or

(b) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity.

[1981, s. 87(3)]

(3) A man shall be disqualified for receiving survivor's benefit if and so long as he and any other person are cohabiting as husband and wife.

[1981, s. 87(4)]

(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.

93 Rate of benefit.

[1981, s. 87(1); 1985 (No. 2), s. 8]

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

94 Increases (including increases for child dependants).

[1981, s. 87(1); 1985 (No. 2), s. 8]

94.—(1) The weekly rate of survivor's 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.

(2) The weekly rate of survivor's benefit shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

(3) The weekly rate of survivor's benefit shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 15 Invalidity Pension

95 Entitlement to pension.

[1981, s. 88(1)]

95.—(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 96.

[1981, s. 88(3)]

(2) 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.

[1981, s. 88(4)]

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

96 Conditions for receipt.

[1981, s. 89(1); 1987 (No. 2), s. 9(1)]

96.—(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 260 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.

[1993, s. 9(1)]

(2) In this section “relevant date” means—

(a) any date subsequent to the completion of 1 year of continuous incapacity for work, or

(b) such lesser period as may be prescribed, subject to such conditions and in such circumstances as may be prescribed,

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.

[1987, ss. 8(5), (6)(e); 1987 (No. 2), s. 9(2)]

(3) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced before the 6th day of April, 1987, or

(b) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987 but before the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “156” were substituted for “260”.

[1987, s. 8(6)(e); 1987 (No. 2), s. 9(2)]

(4) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987, and before the 4th day of January, 1988, or

(b) the period of entitlement to invalidity pension commenced on or after the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “208” were substituted for “260”.

[1987 (No. 2), s. 9(3)]

(5) Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work commences on or after the 7th day of July, 1988.

[1981, s. 89(3)]

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

97 Contributions paid under National Health Insurance Acts.

[1981, s. 89(4)]

97.—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.

98 Rate of pension.

[1981, s. 90]

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

99 Increases (including increases for adult and child dependants).

[1981, s. 91(1)]

99.—(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.

[1982, s. 2(8)]

(2) The weekly rate of invalidity pension 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 invalidity pension 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.

[1981, s. 91(4)]

(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 beneficiary has attained pensionable age and is living alone.

[1992, s. 5(3)]

(5) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 16 Widow's (Contributory) Pension

100 Entitlement to pension.

[1992, s. 12]

100.—(1) Subject to this Act, a widow shall be entitled to widow's (contributory) pension—

(a) if the contribution conditions set out in section 101 are satisfied by her or by her husband's insurance,

(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1) in respect of a period ending on his death, or

(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1), but for the receipt by that woman of an old age (non-contributory) pension or a blind pension or a carer's allowance in her own right, in respect of a period ending on his death.

[1981, s. 92(2)]

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

[1981, s. 92(3)]

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

[1981, s. 92(4)]

(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.

[1981, ss. 92(5), (6), 93(2)]

(5) In this Chapter—

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

“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;

“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.

[1981, s. 93(1)]

101.—(1) The contribution conditions for 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).

[1981, s. 93(3)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 100(5) or of the contribution conditions in this section.

[1981, s. 93(4)]

(3) Subject to subsection (4), 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.

[1981, s. 93(5)]

(4) Regulations for the purposes of subsection (3) 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 105(1) shall be the same as if that condition had been fully satisfied.

[1993, s. 36(4)]

(5) Where a person becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue thereof 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 paragraph (a) of section 9(1).

[1981, s. 93(7)]

(6) (a) Entitlement to 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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, has been awarded 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 the 1st day of 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.

[1981, s. 93(8)]

(7) (a) Entitlement to 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 the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, has been awarded 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 the 1st day of 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.

[1981, s. 93(9)]

(8) (a) Entitlement to 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 the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, has been awarded 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 the 1st day of 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.

[1988, s. 30(b)]

(9) Subject to subsection (10), regulations may provide for entitling to widow's (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973.

[1988, s. 30(b)]

(10) Regulations for the purposes of subsection (9) 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 rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(b) is satisfied.

102 Determination of date of entry into insurance for certain self-employed contributors.

[1988, s. 14]

102.—For the purposes of section 101(1)(b), in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is more favourable, shall be regarded as the date of entry into insurance.

103 Disregard of self-employment contributions in certain cases.

[1993, s. 20(1)]

103.—(1) In the case of any claim for widow's (contributory) pension made on or after the 6th day of April, 1993, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to widow's (contributory) pension, the contribution conditions contained in section 101 shall not be regarded as having been satisfied unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20(1)]

104 Rate of pension.

[1981, s. 94]

104.—Subject to this Act, the weekly rate of widow's (contributory) pension shall be as set out in column (2) of Part I of the second Schedule.

105 Increases (including increases for child dependants).

[1982, s. 2(9)]

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

[1981, s. 95(3)]

(2) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

[1990, s. 49(c)]

(3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 17 Orphan's (Contributory) Allowance

106 Entitlement to allowance.

[1981, s. 96]

106.—Subject to this Act, orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 107 is satisfied.

107 Condition for receipt.

[1981, s. 97(1)]

107.—(1) The contribution condition for 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.

[1981, s. 97(2)]

(2) Regulations may provide for modifications of the contribution condition set out in this section.

108 Rate of allowance.

[1981, s. 98]

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

109 Payment of allowance.

[1981, s. 99(1)]

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

[1981, s. 99(2)]

(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 18 Deserted Wife's Benefit

110 Entitlement to benefit.

[1981, s. 100(1); 1992, s. 25(1)(ae), (2)]

110.—(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) in the case of a claim made on or after the 31st day of August, 1992, does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,

(d) satisfies the contribution conditions in section 111, and

(e) satisfies such other conditions as may be prescribed.

[1992, s. 25(1)(b)]

(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 specified in regulations.

[S.I. No. 237 of 1992, A. 6(b)]

(3) A woman shall be disqualified for receiving deserted wife's benefit if and so long as she and any person are cohabiting as husband and wife.

[1981, s. 100 (4); 1992, s. 26(1)(a)]

(4) In this Chapter—

“relevant time” means—

(a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, 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 commenced living apart from her husband, the date on which she attained that age, or

(ii) the date on which she is determined to have commenced living apart from her husband;

111 Conditions for receipt.

[1981, s. 101(1)]

111.—(1) The contribution conditions for deserted wife's benefit are—

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

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).

[1981, s. 101(3)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 110(4) or of the contribution conditions in this section.

[1992, s. 26(1)(b)]

(3) Subject to subsection (4), regulations may provide for entitling to deserted wife's benefit a woman who would be entitled thereto but for the fact that—

(a) she has an aggregate of reckonable income and reckonable earnings, in excess of an amount prescribed for the purposes of section 110(1)(c) in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, or

(b) the contribution condition set out in subsection (1)(b) is not satisfied.

[1992, s. 26(1)(b)]

(4) Regulations under subsection (3) 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—

(a) the claimant has an aggregate of reckonable income and reckonable earnings in excess of the amount prescribed for the purposes of section 110(1)(c) but not in excess of the amount prescribed for the purposes of this subsection, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and

(b) the contribution condition set out in subsection (1)(b) is satisfied,

but any increase of the benefit payable under section 113(1) shall be the same as if the conditions set out in section 110(1)(c) and in subsection (1)(b) had been fully satisfied.

[1981, s. 101(6)]

(5) (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 the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1981, s. 101(7)]

(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 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1981, s. 101(8)]

(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 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of 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 the 1st day of 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.

[1988, s. 30(c)]

(8) Subject to subsection (9), regulations may provide for entitling to deserted wife's benefit a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973.

[1988, s. 30(c)]

(9) Regulations for the purposes of subsection (8) 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)(ii) is satisfied.

112 Rate of benefit.

[1981, s. 102]

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

113 Increases (including increases for child dependants). [1982, s. 2(10)]

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

[1981, s. 103(3)]

(2) 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 beneficiary has attained pensionable age and is living alone.

[1990, s. 49(d)]

(3) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

CHAPTER 19 Death Grant

114 Entitlement to grant.

[1981, s. 107(1)]

114.—(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,

(d) a qualified child,

if the contribution conditions in section 115 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

[1981, s. 108(2)]

(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,

(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 3(5), 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 section 115(1)(b)(ii).

[1981, s. 107(2)]

(3) In this Chapter and in Part V of the second Schedule “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.

115 Conditions for receipt.

[1981, s. 108(1)]

115.—(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 the 1st day of 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 the 1st day of 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.

[1981, s. 108(3)]

(2) Regulations may provide for modifications of the contribution conditions for receipt of death grant.

[1981, s. 108(4)]

(3) Subject to subsection (4), regulations may provide for entitling to 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.

[1981, s. 108(5)]

(4) Regulations under subsection (3) shall provide that death grant payable by virtue thereof shall be of an amount less than that specified in Part V 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.

[1981, s. 108(6)]

(5) Regulations may provide for modifications of the contribution conditions for death grant in the case of a person who was an insured person on the 1st day of 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 22(1)(b)(ii).

116 Amount of grant.

[1981, s. 109]

116.—Subject to this Act, the amount of death grant shall be as set out in column (2) of Part V of the second Schedule.

CHAPTER 20 Treatment Benefit

117 General provisions as to benefit.

[1981, s. 110(1)]

117.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.

[1981, s. 110(2)]

(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following—

(a) dental treatment,

(b) optical treatment and appliances,

(d) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.

[1981, s. 110(3)]

(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

[1981, s. 110(4)]

(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.

[1981, s. 110(5)]

(5) The Minister may by order appoint a day to be the day on which this section expires.

118 Description of assistance.

118.—(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—

[1981, s. 134(1); 1988, s. 28(1)(a); 1990, ss. 13, 18(1)]

(a) unemployment assistance,

(b) pre-retirement allowance,

(d) blind pension,

(e) widow's and orphan's (non-contributory) pensions,

(f) deserted wife's allowance,

(g) prisoner's wife's allowance,

(h) lone parent's allowance,

(i) carer's allowance, and

(j) supplementary welfare allowance.

[1981, s. 134(2)]

(2) Assistance shall be paid out of moneys provided by the Oireachtas.

CHAPTER 2 Unemployment Assistance

119 Interpretation.

[1992, s. 27(1); 1993, s. 39(6)]

119.—(1) In this Chapter—

“beneficiary” means a person entitled to unemployment assistance;

“weekly means” shall be the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

[1992, s. 27(1)]

(2) In this Chapter references to means shall be construed as references to means as calculated in accordance with the Rules contained in Part I of the Third Schedule.

[1992, s. 27(6)]

(3) Where, immediately before the 29th day of July, 1992, a person was entitled to or in receipt of unemployment assistance, any decision by a deciding officer or an appeals officer in relation to the means of that person for the purposes of his qualifying for a qualification certificate shall be deemed to be a decision under section 120(1)(f).

120 Entitlement to assistance.

[1992, s. 27(1); 1993, s. 25(2)]

120.—(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if—

(a) he has attained the age of 18 years and has not attained pensionable age,

(b) he proves unemployment in the prescribed manner,

(d) 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,

(e) 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, and

(f) he satisfies the conditions as to means specified for the purposes of this Chapter.

[1992, s. 27(1)]

(2) (a) A person shall not be entitled to unemployment assistance for the first 3 days of unemployment in any continuous period of unemployment.

(b) No unemployment assistance shall be paid for any period less than 1 day.

(c) For the purposes of this section, any period prior to the relevant date of application for unemployment assistance shall not be reckoned as, or as part of, a continuous period of unemployment.

(d) Any period during which a person is disqualified for receiving unemployment assistance shall not be reckoned in the computation of any continuous period of unemployment of such person.

[1992, s. 27(1)]

(3) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and references in this Chapter to being continuously unemployed or continuous unemployment shall be construed accordingly.

[1992, s. 27(1)]

(4) Sunday shall not be treated as a day of unemployment and shall be disregarded in computing any period of consecutive days.

[1992, s. 27(1)]

(5) Notwithstanding subsection (3), any period of continuous—

(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,

(d) attendance at a training course provided or approved 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,

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

(h) participation in, employment under or attendance at a prescribed scheme or course,

shall be disregarded in treating, pursuant to subsection (3) of this section, any two continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.

[1992, s. 27(1)]

(6) Regulations may make provision as to the days which are or are not to be treated for the purposes of unemployment assistance as days of unemployment.

[1992, s. 27(1)]

(7) Subsection (2) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 52 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

(a) by reason of having, by virtue of section 46, exhausted his entitlement to such benefit, or

(b) if the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 43(1)(b).

[1992, s. 27(1)]

(8) The amount payable by way of unemployment assistance 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.

121 Rates of assistance and effect of means on rates.

121.—(1) Subject to this section and to sections 122 and 124, the rate (in this Chapter referred to as “the scheduled rate”) of unemployment assistance shall be—

[1992, s. 27(1); 1993, s. 39(6), (7)]

(a) in the case of a person who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, the weekly rate set out in column (2) at reference 1(a) in Part I of the Fourth Schedule,

(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part I of the Fourth Schedule,

increased by—

(i) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and

(ii) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the claimant or beneficiary.

[1992, s. 27(1); 1993, s. 39(7)]

(2) Unemployment assistance shall be payable where—

(a) the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) such weekly means exceed £1, at the scheduled rate, reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1:

Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no unemployment assistance shall be payable.

[1992, s. 27(1); 1993, s. 39(7)]

(3) Notwithstanding paragraph (c) of subsection (2), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under Rule 1(5) of Part I of the Third Schedule and where the rate of assistance payable to or in respect of such claimant, as calculated in accordance with paragraph (c) of subsection (2), would be a weekly amount which is 10p or more, but less than £5, such person shall be entitled to payment of unemployment assistance at the weekly rate of £5.

[1992, s. 27(1)]

(4) (a) In subsection (3) “couple” means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as husband and wife.

(b) For the purposes of Rule 1(5) of Part I of the Third Schedule, when applied to subsection (3), “spouse” means each person of a couple in relation to the other.

[1992, s. 27(1)]

(5) In the application of the provisions of subsection (2) in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding, in such manner as may be prescribed, any part of the weekly means of a claimant or beneficiary up to an amount not exceeding £2.

[1992, s. 27(1)]

(6) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (5) providing for weekly means of up to £2 in the case of certain persons or classes of persons to be disregarded, apply the provisions of subsection (2) to such persons or classes of persons at any time.

[1992, s. 27(1)]

(7) Any regulations made under subsection (5) may apply to the whole State or to a specified part or parts of the State.

122 Total amount payable to couple.

[1992, s. 27(1)]

122.—(1) In the case of a couple, both of whom are entitled to be paid unemployment assistance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.

[1992, s. 27(1)]

(2) Where the spouse of a claimant for unemployment assistance is not an adult dependant, the unemployment assistance payable to the claimant shall be at a rate equal to the scheduled rate reduced by £1 for every £2 or part of £2 of his means.

[1992, s. 27(1)]

(3) Subsection (2) shall not apply in any case where the spouse is living apart from the claimant.

[1992, s. 27(1)]

(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of unemployment assistance, whichever is the greater (in this subsection referred to as “the greater amount”), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and the benefit, pension or unemployment assistance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.

[1992, s. 27(1)]

(5) In this section “couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

[1992, s. 27(1)]

(6) In subsection (4) “spouse” means each person of a couple in relation to the other.

[1993, s. 15(1)]

(7) For the purposes of this section, a reference to “unemployment assistance” shall be construed as including a reference to pre-retirement allowance.

123 Certain claims.

[1989 (No. 2), s. 2(1)]

123.—(1) A person who, on or after the 9th day of May, 1989, claims or has claimed, in respect of a period before the 7th day of June, 1989, unemployment assistance of an amount to which he would not be entitled if section 122 were applicable shall be entitled to be paid such assistance only in accordance with section 122.

[1989 (No. 2), s. 2(2)]

(2) (a) A person who has not, before the 9th day of May, 1989, specifically claimed, in respect of a period before the 7th day of June, 1989, any additional amount for unemployment assistance being an amount to which he would not be entitled if section 122 were applicable shall not be entitled to be paid the additional amount.

(b) In paragraph (a) of this subsection “claimed” means claimed in writing from the Minister or claimed in proceedings instituted against the Minister in any court.

[1989 (No. 2), s. 3]

(3) An amount properly paid to any person before the 7th day of June, 1989 by way of unemployment assistance which as a result of the Social Welfare (No. 2) Act, 1989 would be recoverable by the Minister shall not be so recoverable.

124 Amount of increases payable in respect of qualified child in certain cases.

[1992, s. 27(1)]

124.—(1) Any increase of unemployment assistance payable pursuant to subparagraph (ii) of section 121(1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseof the claimant or beneficiary is not an adult dependant, and subparagraph (ii) of section 121(1)(b) shall be construed and have effect accordingly.

[1992, s. 27(1)]

(2) In calculating the amount of unemployment assistance which, pursuant to this section, is payable at one-half of the appropriate amount, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.

125 Disqualifications.

[1992, s. 27(1)]

125.—(1) A person shall be disqualified for receiving unemployment assistance while he is—

(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,

(b) entitled to or in receipt of unemployment benefit under Part II, or

(c) employed during any week under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1992, s. 27(1)]

(2) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is entitled to or in receipt of unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.

[1992, s. 27(1)]

(3) 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 assistance so long as the stoppage of work continues, except in the 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.

[1992, s. 27(1)]

(4) 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 of the same premises or at the same place, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

[1992, s. 27(1)]

(5) A person shall be disqualified for receiving unemployment assistance for such period as may be determined by a deciding officer, but in any case not exceeding 9 weeks, 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, or

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

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

[1992, s. 27(1)]

(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 employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

[1992, s. 27(1)]

(7) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

126 Disqualifications (continued).

[1993, s. 14(1)]

126.—(1) A person shall not be entitled to receive unemployment assistance while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

(2) In this section—

“academic year” means a period in which a course of study commences in one year and finishes in the next following year and includes term vacations;

“a course of study” means, subject to subsection (3), a full-time day course of study, instruction or training at an institution of education;

“institution of education” means—

(a) a school,

(b) a university,

(d) any institution which the Minister for Education has designated in regulations made pursuant to section 1 of the Higher Education Authority Act, 1971, as an institution of higher education for the purposes of that Act,

(e) any institution to which the National Council for Education Awards Act, 1979, applies,

(f) any institution established under the Regional Technical Colleges Act, 1992,

(g) any institution incorporated under the Dublin Institute of Technology Act, 1992,

(h) any institution which is not an institution for the purposes of paragraphs (a) to (g) and to which the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, apply, or

(i) such other institution as may be prescribed.

[1993, s. 14(1)]

(3) For the purposes of this section, a person shall be regarded, subject to regulations made under subsection (1), as attending a course of study—

(a) for the period of 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education, (whichever is the later),

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the commencement of the following academic year.

CHAPTER 3 Pre-Retirement Allowance

127 Entitlement to allowance.

[1988, s. 28(1)(b); 1993, s. 38(2); S.I. No. 76 of 1990, As. 5, 6]

127.—(1) Subject to this Act an allowance (in this Chapter referred to as “pre-retirement allowance”) shall, subject to regulations, be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) who has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days for any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3),

(c) whose weekly means, subject to subsection (2), calculated in accordance with the Rules contained in Part I of the Third Schedule do not exceed the amount of pre-retirement allowance set out in column (2) in Part I of the Fourth Schedule, increased by so much of the amount set out in the said Part as would be payable to him if he had an adult or child dependant.

[1988, s. 28(1)(b); S.I. No. 76 of 1990, As. 5, 6]

(2) Where the spouse of a claimant for pre-retirement allowance is not his adult dependant, the means of the claimant shall be taken to be one-half the means calculated in accordance with the Rules contained in Part I of the Third Schedule.

128 Rate of allowance (including increases for adult and child dependants).

128.—(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by—

[1989, s. 24(1)(b); 1993, s. 15(2)]

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1989, s. 24(1)(b); 1990, s. 40; S.I. No. 76 of 1990, A.7]

(2) Pre-retirement allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is—

(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and

(ii) less than 10p, the allowance shall not be payable.

[S.I. No. 76 of 1990, A.8(1)]

(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not an adult dependant and paragraph (b) of subsection (1) shall be construed and have effect accordingly.

129 Regulations.

[1988, s. 28(1)]

129.—The Minister may make regulations for the purpose of giving effect to this Chapter and such regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the age for the purposes of section 127(1)(a),

(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,

(c) vary the weekly rate of pre-retirement allowance under section 128, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of such regulations.

130 Integration of single woman's allowance scheme with pre-retirement allowance scheme.

[1992, s. 37(2)]

130.—(1) Notwithstanding this Chapter and regulations made hereunder, where, immediately before the 5th day of November, 1992 (in this Chapter referred to as “the appointed day”) a woman, who had not attained pensionable age, was in receipt of single woman's allowance, pre-retirement allowance shall be payable to her from the appointed day at the same rate as the said single woman's allowance which was payable to her immediately before the said day:

Provided that she continues to satisfy the conditions as to means in accordance with section 127(1)(c).

[1992, s. 37(3)]

(2) For the purposes of subsection (1) a woman who was in receipt of single woman's allowance immediately before the appointed day shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b).

[1992, s. 37(4)]

(3) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the appointed day shall be deemed to be a decision to award pre-retirement allowance to such person on and from the said day.

[1992, s. 37(2)]

(4) In this Chapter a reference to “single woman's allowance” means single woman's allowance which was payable by virtue of section 198 (repealed by section 37 of the Social Welfare Act, 1992) of the Social Welfare (Consolidation) Act, 1981, and regulations made thereunder.

131 Single woman's allowance — transitional provisions.

[1992, s. 37(5)]

131.—(1) Where, immediately before the appointed day, a woman had applied for a single woman's allowance, and that application had not been finally determined, pre-retirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for section 37 of the Social Welfare Act, 1992, would have been payable to her.

[1992, s. 37(6)]

(2) Where, on the appointed day, a single woman was of or over the age of 56 years and under the age of 58 years, she shall, if she had not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—

(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and

(b) to have complied with the requirement contained in section 127(1)(b),

when she attains the age of 58 years.

CHAPTER 4 Old Age (Non-Contributory) Pension

132 Interpretation.

[1981, s. 157]

132.—In this Chapter—

“spouse” means, subject to section 3(12), each person of a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

“weekly means” shall be the yearly means divided by 52.

133 Entitlement to pension.

[1981, s. 158(1); 1993, s. 38(5)]

133.—Subject to this Act, every person in whose case the conditions laid down by this Chapter for the receipt of an old age (non-contributory) pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.

134 Statutory conditions.

[1981, s. 159(1); 1984, s. 22]

134.—The statutory conditions for the receipt of an old age (non-contributory) pension by any person are—

(a) the person must have attained pensionable age; and

(b) the means of the person as calculated in accordance with the Rules contained in Part II of the Third Schedule do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 136.

135 Special conditions for receipt of pension.

[1981, s. 160]

135.—Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 87(1) and would but for section 139 be qualified for the receipt of an old age (non-contributory) pension—

(a) the person may, notwithstanding anything contained in the said section 139, be paid the old age (non-contributory) pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the old age (non-contributory) pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

136 Rate of pension and increases for child dependants.

[1990, s. 6(2)]

136.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of old age (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1981, s. 161(2); 1982, s. 4(1)]

(2) The pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

137 Increases (including increase for one of a couple).

[1981, s. 162(1); 1985 (No. 2), s. 15; 1992, s. 17(b)]

137.—The weekly rate of old age (non-contributory) pension payable in accordance with section 136 shall be increased—

(a) by the amount calculated in accordance with Part II of the Fourth Schedule where the beneficiary is living with, or is wholly or mainly maintaining, his spouse and the spouse is not in receipt of any benefit, pension, assistance or allowance under Part II or this Part, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(c) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

138 Amount of increases payable in respect of qualified child normally resident with beneficiary.

[1985 (No. 2), s. 14]

138.—The increase payable pursuant to subsection (1) of section 136 in respect of a qualified child who normally resides with the beneficiary and the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act or to disabled person's maintenance allowance.

139 Disqualifications.

[1981, s. 163(4)]

139.—(1) Except as provided in section 135, receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age (non-contributory) pension.

[1981, s. 163(5)]

(2) A person to whom benefit under section 92 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the said benefit under the said section 92 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age (non-contributory) pension.

[1981, s. 163(6)]

(3) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 135, be disqualified for receiving old age (non-contributory) pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

140 Pensions of persons in certain mental institutions.

[1981, s. 171(1)]

140.—(1) Subject to subsection (2), the whole of any amounts payable on foot of old age (non-contributory) pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945, or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

[1981, s. 171(2)]

(2) Where the old age (non-contributory) pension of a person is appropriated under subsection (1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—

(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.

141 Entitlement to pension.

[1984, s. 26; 1993, s. 38(6)]

141.—(1) Subject to this Act, every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as a blind pension) as under Chapter 4 he would be entitled to receive if he had attained pensionable age; and the provisions of Chapter 4 shall apply in all respects in the case of such person subject to the modification that, for the statutory condition contained in section 134(a) there shall be substituted the conditions that the person must be a person who has attained the age of 18 years and that he is so blind that he either cannot perform any work for which eyesight is essential or cannot continue his ordinary occupation.

[1981, s. 175(2)]

(2) A blind person in respect of whom a pension is payable under this section shall not be a qualified child for the purposes of this Act.

CHAPTER 6 Widow's and Orphan's (Non-Contributory) Pensions

142 Interpretation.

[1981, s. 176(1)]

142.—(1) For the purposes of this Chapter—

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

“pension” means a widow's (non-contributory) pension or an orphan's (non-contributory) pension, as the case may require;

means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule;

“weekly means” shall be the yearly means divided by 52.

[1981, s. 176(2)]

(2) Where a widow has remarried she shall not for the purposes of this Chapter be regarded as the widow of her former husband.

143 Entitlement to pension.

[1981, s. 177(1)]

143.—(1) Subject to this Act, widow's (non-contributory) pension shall be payable to a widow.

[1981, s. 177(2)]

(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance shall, subject to the provisions of this Chapter, in lieu of that allowance, be entitled to widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.

[1981, s. 177(3)]

(3) A widow's (non-contributory) pension payable to a widow shall, subject to this Chapter, continue to be payable unless she remarries and in such a case the pension shall cease as on and from her remarriage.

144 Rate of pension.

[1982, s. 3(4); 1990, s. 13]

144.—(1) The rate (in this section referred to as “the scheduled rate”) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule.

[1981, s. 178(2); 1982, s. 4(1)]

(2) A widow's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

145 Increases.

[1981, s. 179]

145.—The weekly rate of pension payable in accordance with section 144 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

146 Disqualifications.

[1981, s. 180(4)]

146.—A widow shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of widow's (non-contributory) pension.

147 Provisions against double pensions.

[1981, s. 181(1)]

147.—(1) Where, under this Chapter, a widow would, but for this subsection, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, the widow's (non-contributory) pension shall not be payable except insofar as is provided by regulations under section 209.

[1981, s. 181(2)]

(2) Not more than one widow's (contributory) pension or widow's (non-contributory) pension shall be payable to any one widow.

Orphan's Pension

148 Entitlement to pension.

[1981, s. 182(1)]

148.—(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

[1981, s. 182(2)]

(2) Not more than one pension shall be payable in respect of any one orphan.

[1981, s. 182(3)]

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 105(1) or 159(1) is claimable.

149 Rate of pension.

[1981, s. 183(a); 1982, s. 4(2); 1990, s. 41(2)]

149.—(1) The weekly rate (in this Chapter referred to as “the scheduled rate”) of orphan's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule.

(2) An orphan's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2 at the scheduled rate, and

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

150 Civil proceedings.

[1981, s. 188(6)]

150.—Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

151 Payment of pension.

[1981, s. 191(1)]

151.—(1) Subject to this section, orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.

[1981, s. 191(2)]

(2) The Minister may, if he considers it advisable so to do, direct that a pension shall, in lieu of being paid to the guardian of the orphan in respect of whom such pension is payable, be paid to some other person for the benefit of the orphan.

CHAPTER 7 Deserted Wife's Allowance

152 Entitlement to allowance.

[1981, s. 195(1); 1990, s. 13; 1993, s. 38(7); S.I. No. 272 of 1990, A.13(1)]

152.—(1) Subject to this Act and regulations, deserted wife's allowance shall be paid to a woman who—

(a) has been deserted by her husband,

(b) is 40 years of age or over, and

(c) satisfies the conditions as to means calculated in accordance with the Rules contained in Part II of the Third Schedule.

[1981, s. 195(2)]

(2) The rate of deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 6 if she were a widow.

153 Regulations.

[1981, s. 195 (4)(a)]

153.—The Minister may make regulations in relation to deserted wife's allowance and the regulations, may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which a woman is to be regarded for the purposes of this Chapter as having been deserted by her husband.

154 Disqualification.

[S.I. No. 272 of 1990, A.30]

154.—A deserted wife shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of deserted wife's allowance.

CHAPTER 8 Prisoner's Wife's Allowance

155 Entitlement to allowance.

[1981, s. 196(1); 1990, s. 13; 1993, s. 38(8); S.I. No. 272 of 1990, A. 15(1)]

155.—(1) Subject to this Act and regulations, prisoner's wife's allowance shall be paid to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 months,

(b) who is 40 years of age or over, and

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Social Welfare (Consolidation) Act , 1993

85 Disregard of self-employment contributions in certain cases.

86 Rate of pension.

87 Increases (including increases for adult and child dependants).

CHAPTER 13 Retirement Pension

88 Entitlement to pension.

89 Conditions for receipt.

90 Rate of pension.

91 Increases (including increases for adult and child dependants).

CHAPTER 14 Survivor's Benefit

92 Entitlement to benefit.

93 Rate of benefit.

94 Increases (including increases for child dependants).

CHAPTER 15 Invalidity Pension

95 Entitlement to pension.

96 Conditions for receipt.

97 Contributions paid under National Health Insurance Acts.

98 Rate of pension.

99 Increases (including increases for adult and child dependants).

CHAPTER 16 Widow's (Contributory) Pension

100 Entitlement to pension.

101 Conditions for receipt.

102 Determination of date of entry into insurance for certain self-employed contributors.

103 Disregard of self-employment contributions in certain cases.

104 Rate of pension.

105 Increases (including increases for child dependants).

CHAPTER 17 Orphan's (Contributory) Allowance

106 Entitlement to allowance.

107 Condition for receipt.

108 Rate of allowance.

109 Payment of allowance.

CHAPTER 18 Deserted Wife's Benefit

110 Entitlement to benefit.

111 Conditions for receipt.

112 Rate of benefit.

113 Increases (including increases for child dependants). [1982, s. 2(10)]

CHAPTER 19 Death Grant

114 Entitlement to grant.

115 Conditions for receipt.

116 Amount of grant.

CHAPTER 20 Treatment Benefit

117 General provisions as to benefit.

PART III SOCIAL ASSISTANCE

CHAPTER 1 Description of Social Assistance

118 Description of assistance.

CHAPTER 2 Unemployment Assistance

119 Interpretation.

120 Entitlement to assistance.

121 Rates of assistance and effect of means on rates.

122 Total amount payable to couple.

123 Certain claims.

124 Amount of increases payable in respect of qualified child in certain cases.

125 Disqualifications.

126 Disqualifications (continued).

CHAPTER 3 Pre-Retirement Allowance

127 Entitlement to allowance.

128 Rate of allowance (including increases for adult and child dependants).

129 Regulations.

130 Integration of single woman's allowance scheme with pre-retirement allowance scheme.

131 Single woman's allowance — transitional provisions.

CHAPTER 4 Old Age (Non-Contributory) Pension

132 Interpretation.

133 Entitlement to pension.

134 Statutory conditions.

135 Special conditions for receipt of pension.

136 Rate of pension and increases for child dependants.

137 Increases (including increase for one of a couple).

138 Amount of increases payable in respect of qualified child normally resident with beneficiary.

139 Disqualifications.

140 Pensions of persons in certain mental institutions.

CHAPTER 5 Blind Pension

141 Entitlement to pension.

CHAPTER 6 Widow's and Orphan's (Non-Contributory) Pensions

142 Interpretation.

143 Entitlement to pension.

144 Rate of pension.

145 Increases.

146 Disqualifications.

147 Provisions against double pensions.

148 Entitlement to pension.