LegalizeS.I. No. 417/1994 - Social Welfare (Consolidated Payments Provisions) Regulations, 1994
These amending acts are not in its history: the source does not say when their effect began (11)
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(a), (b), Sch. 1 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, reg. 4(1)(b), 4(2)(d), Sch. 2 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(c), 4(2)(d), Sch. 3 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(d), 4(2)(c), Sch. 4 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(e), 4(2)(d), sch. 5 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(f), 4(2)(d), Sch. 6 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(g), 4(2)(c), Sch. 7 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, reg. 4(1)(h), 4(2)(c), Sch. 8 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 9 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 10 — Both official signatures leave the day blank: 'this day of May, 1996'.
- IE-1996-si-172: S.I. No. 172 of 1996, regs. 4(1)(a), 4(2)(c), Sch. 11 — Both official signatures leave the day blank: 'this day of May, 1996'.
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
120 amending acts · 2007-04-06, S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007
S.I. No. 417 of 1994.
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) REGULATIONS, 1994.
ARRANGEMENT OF ARTICLES
PART I PRELIMINARY
Article
6. Persons specified to be adult dependants.
7. Normal residence of qualified child.
8. Persons regarded as receiving full-time education.
10. Conversion of contributions paid under National Health Insurance Acts.
PART II SOCIAL INSURANCE PAYMENTS
CHAPTER 1 Disability Benefit
11. Persons deemed to be incapable of work.
12. Days not to be treated as days of incapacity for work.
14. Special provision relating to delay or failure in claiming.
16. Reckoning of periods of interruption of employment.
17. Qualifying conditions — disability benefit.
18. Partial satisfaction of conditions for disability benefit.
19. Contribution conditions — disability benefit.
CHAPTER 2 Maternity Benefit
20. Expected week of confinement and duration of maternity benefit in certain cases.
21. Volunteer development workers — qualifying conditions.
22. Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.
23. Calculation of reckonable weekly earnings.
24. Medical examination to decide question as to correctness of certificate.
CHAPTER 3 Unemployment Benefit
26. Days not to be treated as days of unemployment.
28. Special provision relating to delay or failure in claiming.
29. Qualifying conditions — unemployment benefit.
30. Partial satisfaction of conditions for unemployment benefit.
31. Substantial loss of employment.
34. Prescribed manner for proving unemployment.
35. Option to receive unemployment assistance in lieu of unemployment benefit.
CHAPTER 4 Old Age (Contributory) Pension
37. Reckoning of contributions under National Health Insurance Acts.
38. Partial satisfaction of contribution conditions for old age (contributory) pension.
39. Entitlement to pro-rata old age (contributory) pension.
40. Calculation of rate of pro-rata old age (contributory) pension.
41. Special partial old age (contributory) pension.
42. Calculation of yearly average.
CHAPTER 5 Retirement Pension
Article
45. Reckoning of contributions under National Health Insurance Acts.
47. Partial satisfaction of contribution conditions for retirement pension.
48. Entitlement to pro-rata retirement pension.
49. Calculation of rate of pro-rata retirement pension.
50. Calculation of yearly average.
CHAPTER 6 Invalidity Pension
52. Definition of permanently incapable of work.
53. Conditions for receipt of invalidity pension.
CHAPTER 7 Survivor's Pension
56. Partial satisfaction of contribution conditions for survivor's pension.
57. Special partial survivor's pension.
58. Reckoning of contributions paid under Widows' and Orphans' Acts.
59. Calculation of yearly average.
CHAPTER 8 Deserted Wife's Benefit
62. Conditions for receipt of deserted wife's benefit.
64. Partial satisfaction of contribution conditions for deserted wife's benefit.
65. Special partial deserted wife's benefit.
66. Application of income limit.
67. Calculation of yearly average.
PART III SOCIAL ASSISTANCE PAYMENTS
CHAPTER 1 Unemployment Assistance
70. Prescribed manner for proving unemployment.
73. Persons deemed to be available for employment.
74. Exemption from disqualification.
CHAPTER 2 Pre-Retirement Allowance
CHAPTER 3 Deserted Wife's Allowance
CHAPTER 4 Prisoner's Wife's Allowance
CHAPTER 5 Lone Parent's Allowance
79. Circumstances in which person to be regarded as being a separated spouse.
80. Circumstances in which person to be regarded as being an unmarried person.
81. Circumstances in which person to be regarded as being a prisoner's spouse.
82. Residence of qualified child.
CHAPTER 6 Carer's Allowance
Article
85. Conditions to be satisfied by carer.
86. Circumstances in which carer is to be regarded as providing full-time care and attention.
CHAPTER 7 Miscellaneous Provisions for Assessment of Means
87. Yearly value of property — unemployment assistance and pre-retirement allowance.
88. Prescribed activity — exemption of income.
89. Earnings disregards — lone parent's allowance, carer's allowance and unemployment assistance.
90. Disregard of proceeds from sale of principal residence.
PART IV CHILD BENEFIT
93. Children regarded as continuing to receive full-time education.
PART V FAMILY INCOME SUPPLEMENT
Article
95. Manner of calculation or estimation of weekly family income.
96. Sums etc. disregarded in determining weekly family income.
97. Persons regarded as being in remunerative full-time employment.
98. Minimum payment of family income supplement.
PART VI MISCELLANEOUS PROVISIONS
Preliminary
CHAPTER 1 Claims
101. Information to be given when making claim.
102. Prescribed time for making claim.
103. Provisional allowance of claim.
104. Claims made outside prescribed time (disqualifications).
105. Extension of time for making claim.
106. Provision of information.
107. Prescribed time for furnishing information.
CHAPTER 2 Payments
109. Commencement of awards — child benefit and family income supplement.
111. Taking effect of revision on account of change in circumstances.
113. Extinguishment of right to payment.
116. Payment to appointed persons — generally.
117. Payment to appointed person living together with applicant.
119. Sum payable on death — child benefit.
120. Distribution of sum payable on death.
123. Provisions relating to appointments.
CHAPTER 3 Overlapping Benefits
Article
125. Payment of disablement benefit with other social welfare payments.
126. Payment of orphan's pension with other social welfare payments.
128. Payment of blind pension with other social welfare payments.
130. Payment on account of adult dependants and qualified children.
131. Supplementary welfare allowance granted to persons in receipt of long-term payments.
133. Old age (non-contributory) pension — qualified child.
SCHEDULE A Rules of Behaviour for person claiming or in receipt of disability benefit.
SCHEDULE B Reduced rates of disability and unemployment benefit.
SCHEDULE C Reduced rates of old age (contributory) pension where contribution conditions are partially satisfied.
SCHEDULE D Special partial old age (contributory) pension.
SCHEDULE E Reduced rates of retirement pension where contribution conditions are partially satisfied.
SCHEDULE F Rules of Behaviour for person entitled to or in receipt of invalidity pension.
SCHEDULE G Reduced rates of survivor's pension where contribution conditions are partially satisfied.
SCHEDULE H Special partial survivor's pension.
SCHEDULE I Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied.
SCHEDULE J Special partial deserted wife's benefit.
SCHEDULE K Rates of deserted wife's benefit — effect of income limit.
SCHEDULE L Reduced rates of deserted wife's benefit where contribution conditions are partially satisfied — effect of income limit.
SCHEDULE M Special partial deserted wife's benefit — effect of income limit.
SCHEDULE N Revocations.
S.I. No. 417 of 1994.
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) REGULATIONS, 1994.
The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2 (as amended by section 13 of the Social Welfare Act, 1994 (No. 4 of 1994), 3,4 (as amended by section 13 of the Social Welfare Act, 1994 ), 31, 32 (as amended by section 7 of the Social Welfare (No. 2) Act, 1993 (No. 32 of 1993)), 35, 36, 37, 39 (as amended by section 17 of the Social Welfare Act, 1994 ), 40, 42 (as amended by section 19 of the Social Welfare Act, 1994 ), 43 (as amended by section 8 of the Social Welfare (No. 2) Act, 1993 ), 46, 47, 84, 88, 89,95,96, 102 (as amended by section 11 of the Social Welfare Act, 1994 ), 110, 111, 120, 121, 125, 126, 129, 153, 155, 162, 164, 169, 188, 192, 193, 199, 200, 202, 205, 206, 207, 209, 210 (as amended by sections 13 and 26 of the Social Welfare Act, 1994 ), 212, 213, 221, 245 and 303 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1 of Part I (as amended by section 18 of the Social Welfare Act, 1994 ) and Rules 1 (as amended by section 15 of the Social Welfare Act, 1994 ), 2 and 4 (as amended by section 16 of the Social Welfare Act, 1994 ) of Part II of the Third Schedule to the Social Welfare (Consolidation) Act, 1993 and after consultation with An Post, hereby makes the following Regulations:—
PART 1 PRELIMINARY
1 Citation.
1. These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994.
2 Commencement.
2. These Regulations shall come into operation on the 2nd day of January, 1995.
3 Definitions.
3. In these Regulations, save where the context otherwise requires—
"academic year" means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;
"court" means a court to which either the Courts of Justice Acts, 1924 to 1961, or the Courts (Supplemental Provisions) Acts, 1961 to 1991 applies;
"Department" means the Department of Social Welfare;
"governing contribution year" means the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;
"institution of education" means—
( a ) a school,
( b ) a college,
( c ) a university,
( d ) any institution providing a course of instruction approved by the Minister for Education or the National Council for Educational Awards or C.E.R.T. Limited, or
( e ) any other institution approved by the Minister;
"local office" means an office of the Department or other place appointed by the Minister as a local office for the purposes of the Principal Act;
"maternity leave" has the meaning assigned to it by section 37(3);
"the National Health Insurance Acts" means the National Health Insurance Acts, 1911 to 1952;
"prison" or "place of detention" means a place to which either the Prisons Acts, 1826 to 1977, or the Criminal Justice Act, 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;
"reckonable earnings" has the meaning assigned by article 4 of the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ) and in article 4 of the Social Welfare (Collection of Employment Contributions for Special Contributors) Regulations, 1989 ( S.I. No. 302 of 1989 ), as may be appropriate in each case;
"responsible authority" means any court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention;
"the Principal Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"the Act of 1973" means the Social Welfare Act, 1973 (No. 10 of 1973);
"the Act of 1990" means the Social Welfare Act, 1990 (No. 5 of 1990);
"the Widows' and Orphans' Pensions Acts" means the Widows' and Orphans' Pensions Acts, 1935 to 1952.
4 Interpretation.
4. In these Regulations, save where the context otherwise requires—
( a ) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,
( b ) a reference to a Schedule is to a Schedule to these Regulations,
( c ) a reference to an article is to an article of these Regulations,
( d ) a reference to a sub-article is to a sub-article of the article in which the reference occurs,
( e ) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.
5 Revocations.
5. The Regulations specified in column (1) of Schedule N are hereby revoked to the extent specified in column (2) of the said Schedule.
6 Persons specified to be adult dependants.
6. (1) The following persons are hereby specified, subject to section 170, to be adult dependants for the purposes of the Principal Act—
( a ) a spouse who is in employment or self-employment and whose weekly income calculated or estimated in accordance with sub-article (2) does not exceed £60,
( b ) a spouse who—
- (i) is not in employment or self-employment, or
- (ii) being in employment or self-employment has a weekly income calculated or estimated in accordance with sub-article (2) which does not exceed £60,
and who has an entitlement to or is in receipt of disablement benefit under section 54, death benefit under section 62, orphan's (contributory) allowance, orphan's (non-contributory) pension and to no other benefit or assistance (other than supplementary welfare allowance) or disabled person's maintenance allowance.
- (2) For the purposes of sub-article (1), weekly income shall, subject to sub-articles (3) and (4), be calculated or estimated—
( a ) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous 2 months where such earnings are received at monthly intervals or in the previous 6 weeks where such earnings are received at weekly or fortnightly intervals,
( b ) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the last complete income tax year by 52,
( c ) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.
- (3) In calculating or estimating the weekly income under sub-article (2), any sums received by way of disablement benefit under section 54, death benefit under section 62, child benefit, orphan's (contributory) allowance, orphan's (non-contributory) pension under the Principal Act or allowances for domiciliary care of handicapped children under the Health Act, 1970 (No. 1 of 1970 ) shall be disregarded.
- (4) A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article (2) would not be appropriate to determine the amount of weekly income, may for the purposes of this article have regard to such other period which appears to him to be appropriate for that purpose.
7 Normal residence of qualified child.
7. (1) In this article—
"parent" means a parent or step-parent;
"benefit" or "assistance" means any such payments under Parts II or III (other than orphan's (contributory) allowance, death benefit by way of orphan's pension, orphan's (non-contributory) pension, lone parent's allowance or supplementary welfare allowance).
- (2) The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with this article.
- (3) A qualified child shall, subject to sub-articles (4) to (11), be regarded as normally residing with his parents.
- (4) A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided, where that parent is a member of a household, that the parent so elects.
- (5) A qualified child whose parents are separated and who is not resident with either parent shall be regarded as normally residing with the parent who has custody of the child provided that that parent is contributing substantially to the child's maintenance.
- (6) Notwithstanding the provisions of sub-article (4), a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit or assistance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child's maintenance.
- (7) If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.
- (8) Where the normal residence of a qualified child falls to be determined under sub-article (6) or (7), and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child's maintenance, sub-article (6) or (7) shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with sub-article (9).
- (9) A qualified child, whose normal residence does not fall to be determined under the foregoing sub-articles, shall be regarded as normally residing with the head of the household of which the child is normally a member and with no other person.
- (10) A qualified child who is a refugee within the State from another country shall be regarded as normally residing with the head of the household of which the child is for the time being a member and with no other person.
- (11) Where a qualified child is resident in an institution, the child shall be regarded as normally residing only with the person (if any) who contributes towards the cost of the child's maintenance in the institution, and with whom the child would, under this article, be regarded as normally residing, if the child were not resident in an institution.
8 Persons regarded as receiving full-time education.
8. (1) Subject to this article, for the purposes of section 2(3), a person shall be regarded as receiving full-time education while attending on a full-time basis a course of full-time instruction by day at an institution of education.
- (2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction—
( a ) provided or approved by An Foras Áiseanna Saothair and in respect of which an allowance is payable, but excluding a course known as YOUTHREACH,
( b ) which forms part of an employment or work experience programme,
( c ) which arises from employment,
( d ) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or
( e ) a course of training or instruction provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.
- (3) For the purposes of sub-article (1), a person shall be regarded as continuing to receive full-time education—
( a ) for periods during an academic year when that person is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and
( b ) for the period immediately following the completion by that person of part of a cycle of education, where such part finishes between the 1st day of May and the 30th day of June in an academic year, up to and including the 3rd Sunday of the next following October or an earlier date if the beneficiary so elects.
- (4) Sub-article (3)(b) shall not apply to a person who completes the final part of a cycle of education, other than the final part of a cycle approved by the Minister for Education for the Leaving Certificate Examination of the Department of Education, and terminates his attendance at an institution of education.
- (5) In this article "beneficiary" means a person in receipt of or entitled to an increase in any benefit or assistance in respect of a qualified child who is of or over the age of 18 years and under the age of 21 years.
9 Expenses.
9. The Minister shall pay such reasonable and necessary travelling and other expenses, as he may determine, which are incurred by a person who is required to attend for medical or other examination under—
( a ) article 15(2),
( b ) article 24(1), or
( c ) the Rules of Behaviour set out in Schedule F.
10 Conversion of contributions paid under National Health Insurance Acts.
10. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 37(2) or article 45(2), every 2 such contributions under those Acts shall be reckoned as 3 contributions paid, with any odd contribution being reckoned as 2 contributions paid.
PART II SOCIAL INSURANCE PAYMENTS
CHAPTER 1 *Disability Benefit*
11 Persons deemed to be incapable of work.
11. (1) For the purposes of Chapter 7 of Part II, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when—
( a ) he is under medical care in respect of such a disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement he should abstain from work and he does not work, or
( b ) he is a probable source of infection with a disease specified in regulations under the Health Act, 1947 (No. 28 of 1947), to be an infectious disease and he abstains from work in pursuance of a written order or written advice of a registered medical practitioner.
- (2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.
12 Days not to be treated as days of incapacity for work.
12. For the purposes of Chapter 7 of Part II, a day shall not be treated as a day of incapacity for work if it is a day in respect of which a person—
( a ) fails to prove to the satisfaction of the Minister that he is incapable of work, or
( b ) does any work other than work of the nature specified in Rule 5 of the Rules of Behaviour specified in Schedule A.
13 Night workers.
13. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 7 of Part II, as being, by virtue of such employment, employed—
( a ) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he shall be regarded as being employed only on the first day, or
( b ) in any other case, he shall be regarded as being employed only on the second day.
- (2) Where by virtue of the provisions of sub-article (1), a person—
( a ) is to be treated as having been employed on 1 day only of 2 days, and
( b ) throughout that part of the other of those 2 days during which that person is incapable of work, that person shall, for the purposes of Chapter 7 of Part II, be deemed to be so incapable of work throughout that other of those 2 days.
- (3) Where by virtue of the provisions of sub-article (1), a person—
( a ) is to be treated as having been employed on the second day only of 2 days, and
( b ) throughout the day immediately preceding the first of those 2 days is incapable of work,
that person shall, for the purposes of Chapter 7 of Part II, be deemed to be so incapable of work throughout the first of those 2 days.
14 Special provision relating to delay or failure in claiming.
14. Notwithstanding anything contained in article 12, a person who, in respect of any period of interruption of employment, would have been entitled to disability benefit for any day but for any delay or failure on his part to make or prosecute a claim, shall for the purposes of section 35 be treated as having been entitled to disability benefit for that day, but a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to disability benefit for that day, to avoid the necessity of requalifying for benefit under the said section.
15 Disqualifications.
15. (1) A person shall be disqualified for receiving disability benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he—
( a ) has become incapable of work through his own misconduct,
( b ) fails without good cause to attend for, or to submit himself to, medical or other examination in accordance with sub-article (2), or
( c ) fails without good cause to observe the Rules of Behaviour specified in Schedule A.
- (2) ( a ) An officer of the Minister may, on giving not less than 3 days notice in writing, require any person who claims or is entitled to disability benefit to submit himself to medical or other examination at such time and place as may be specified in the notice.
( b ) Notice of the time and place of the examination referred to in paragraph (a) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself to such examination.
- (3) A person may, with the prior written permission of an officer of the Minister, be exempted from the operation of Rule 5 of the Rules of Behaviour specified in Schedule A for a specified period in which—
( a ) having become incapable of following his normal occupation, he is undergoing a course of training with a view to taking up some other occupation, or
( b ) he is engaged in part-time work in the nature of rehabilitation or occupational therapy.
16 Reckoning of periods of interruption of employment.
16. For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a woman is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work.
17 Qualifying conditions — disability benefit.
17. (1) For the purposes of section 32(1)(c)—
( a ) the prescribed period shall be the governing contribution year,
( b ) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and
( c ) the prescribed amount shall be £69.99.
- (2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than £25, as calculated in accordance with sub-article (1)(b), he shall be deemed to have reckonable weekly earnings or reckonable weekly income of £25.
- (3) In the case of a claimant whose claim, by virtue of his having been entitled to or in receipt of disability benefit or unemployment benefit in respect of any day in the 13 week period preceding the 4th day of January, 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of disability benefit payable below that to which he was previously entitled.
18 Partial satisfaction of conditions for disability benefit.
18. Where a claimant would be entitled to disability benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed £69.99, the following provisions shall apply:—
( a ) where the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to disability benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
( b ) any increase of disability benefit in respect of an adult dependant, payable under section 34(1), shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule, and
( c ) any increase of disability benefit in respect of a qualified child, payable under section 34(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.
19 Contribution conditions — disability benefit.
19. Where a claimant would be entitled to disability benefit but for the fact that he does not satisfy the requirement contained in section 32(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he shall be entitled to benefit if he—
( a ) has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year,
( b ) was immediately before claiming disability benefit in receipt of unemployment assistance and was a person to whom section 121(1)(a) applied, or
( c ) was immediately before claiming disability benefit in receipt of—
- (i) pre-retirement allowance, or
- (ii) invalidity pension.
CHAPTER 2 *Maternity Benefit*
20 Expected week of confinement and duration of maternity benefit in certain cases.
20. (1) The expected week of confinement to be specified in any certificate pursuant to section 37(1)(a) shall not be more than 16 weeks after the week in which the certificate is given.
- (2) Where in respect of a claim to maternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in paragraph (a) of section 37(1) has been given, the said paragraph shall for the purpose of that claim, be modified and shall apply as if the said paragraph required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.
- (3) In the case of a woman to whom sub-article (2) applies, maternity benefit shall, subject to article 25 be payable for such 14 week period as may be determined by a deciding officer.
21 Volunteer development workers — qualifying conditions.
21. (1) A volunteer development worker shall be entitled to maternity benefit where she would otherwise qualify therefor but for the fact that the conditions contained in paragraphs (b) and (c) of section 37(1) are not satisfied:
Provided that the condition requiring 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 first day of maternity leave is satisfied.
- (2) A person who ceases to be a volunteer development worker shall be entitled to maternity benefit in respect of any claim made in the benefit year in which she returns to the State from a developing country or in the next succeeding benefit year where she would otherwise qualify therefor but for the fact that the conditions contained in paragraphs (b) and (c) of section 37(1) are not satisfied:
Provided that the condition requiring 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 first day of maternity leave is satisfied.
22 Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.
22. (1) The income tax year prescribed for the purposes of section 39 shall be the last complete income tax year before the beginning of the benefit year in which the first day of maternity leave occurs.
- (2) The amount prescribed for the purposes of section 39 (1)(b) shall be £74.20.
23 Calculation of reckonable weekly earnings.
23. For the purposes of section 39(3), the reckonable weekly earnings of a woman for any income tax year shall be calculated as her total reckonable earnings for that income tax year divided by the number of qualifying contributions in the said income tax year, fractions of a pound being disregarded, up to a maximum of £227.
24 Medical examination to decide question as to correctness of certificate.
24. (1) Where any question arises as to the correctness of a certificate by virtue of which a woman claims or is entitled to maternity benefit, she shall, unless the confinement has already occurred, on receipt of not less than 3 days notice in writing given by an officer of the Minister, submit herself to medical examination at such time and place as may be specified in the notice with a view to obtaining a further certificate.
- (2) Notice of the time and place of the medical examination referred to in sub-article (1) shall also be sent to the registered medical practitioner (if any) who is attending to the woman required to submit herself to such examination.
25 Disqualifications.
25. A woman shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer—
( a ) if, during the period for which the benefit is payable, she engages in any occupation other than domestic duties in her own household:
Provided that such disqualification shall commence not earlier than the first day on which she engages in such occupation and that, in respect of any such occupation in which she engages before the confinement, she shall not be so disqualified for the day on which the confinement occurs or any day thereafter, or
( b ) if she fails without good cause to attend for or to submit herself to medical examination in accordance with article 24(1):
Provided that such disqualification shall commence not earlier than the day on which the failure occurs and that, in the event of her being confined after such failure, she shall not by reason of such failure be so disqualified for the day on which the confinement occurs or any day thereafter.
CHAPTER 3 UNEMPLOYMENT BENEFIT
26 Days not to be treated as days of unemployment.
26. (1) For the purposes of Chapter 9 of Part II, a day shall not be treated as a day of unemployment if it is a day in respect of which a person—
( a ) fails to prove to the satisfaction of the Minister that he is unemployed, capable of work and available for employment, or
( b ) follows any occupation from which he derives any remuneration or profit, unless such occupation could ordinarily have been followed by him in addition to his usual employment and outside the ordinary working hours of that employment and either—
- (i) the remuneration or profit therefrom for any such day does not exceed £10, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or
- (ii) not less than 117 employment contributions have been paid in respect of him in respect of either the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day.
- (2) Where the provisions of sub-article (1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.
- (3) For the purposes of Chapter 9 of Part II and notwithstanding the provisions of sub-article (1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day.
27 Night workers.
27. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of unemployment benefit, as being, by virtue of such employment, employed—
( a ) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or
( b ) in any other case, he shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.
- (2) Where by virtue of the provisions of sub-article (1), a person—
( a ) is to be treated as having been employed on 1 day only of 2 days, and
( b ) throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment,
that person shall, for the purposes of Chapter 9 of Part II, be deemed to be so available for employment, throughout that other of those 2 days.
28 Special provision relating to delay or failure in claiming.
28. Notwithstanding anything contained in article 26, a person who, in respect of any period of interruption of employment, would have been entitled to unemployment benefit for any day but for any delay or failure on his part to make or prosecute a claim, shall, for the purposes of section 46 be treated as having been entitled to unemployment benefit for that day, but a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to unemployment benefit for that day, to avoid the necessity of requalifying for unemployment benefit under the said section.
29 Qualifying conditions — unemployment benefit.
29. (1) For the purposes of section 43(1)(c)—
( a ) the prescribed period shall be the governing contribution year,
( b ) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and
( c ) the prescribed amount shall be £69.99.
- (2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than £25, as calculated in accordance with sub-article (1)(b), he shall be deemed to have reckonable weekly earnings or reckonable weekly income of £25.
- (3) In the case of a claimant whose claim, by virtue of his having been entitled to or in receipt of unemployment benefit or disability benefit in respect of any day in the 13 week period preceding the 4th day of January, 1993, forms part of a period of interruption of employment which commenced prior to that date, the provisions of this article shall not have the effect of reducing the rate of unemployment benefit payable below that to which he was previously entitled.
30 Partial satisfaction of conditions for unemployment benefit.
30. Where a claimant would be entitled to unemployment benefit but for the fact that the amount of his reckonable weekly earnings or, in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, reckonable weekly income does not exceed £69.99, the following provisions shall apply:—
( a ) where the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule B, there shall be entitlement to unemployment benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
( b ) any increase of unemployment benefit in respect of an adult dependant, payable under section 45(1), shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedule, and
( c ) any increase of unemployment benefit in respect of a qualified child, payable under section 45(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.
31 Substantial loss of employment.
31. A claimant shall be regarded, for the purposes of section 42(1)(d), as having sustained a substantial loss of employment in any period of 6 consecutive days as an officer of the Minister may determine, where he has lost 1 day of insurable employment:
Provided that the claimant's reckonable earnings or reckonable income are reduced as a consequence of the loss of employment.
32 Disqualification.
32. The amount prescribed for the purposes of section 47(4)(e) shall be £15,000.
33 Casual employment.
33. (1) A person shall be regarded, for the purposes of section 42(1)(d), as being engaged in casual employment where—
( a ) he is normally employed for periods of less than a week,
( b ) the number of days and the days of the week on which he is employed in each period varies with the level of activity in the employer's business, and
( c ) on the termination of each period of employment he has no assurance of being re-employed with the same employer.
- (2) In determining, for the purposes of sub-article (1), whether a person is engaged in casual employment account shall be taken of his employment in the 6 months immediately preceding the first day of his claim for unemployment benefit:
Provided that where a deciding officer or appeals officer considers that this period is not appropriate to determine whether a person is engaged in casual employment, he may have regard to such other period which appears to him to be appropriate for that purpose.
34 Prescribed manner for proving unemployment.
34. A person shall prove unemployment for the purposes of section 42(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that—
( a ) he has been continuously unemployed since the date of his claim for unemployment benefit, or
( b ) he has been unemployed or expects to be unemployed during each day in respect of which unemployment benefit is claimed.
35 Option to receive unemployment assistance in lieu of unemployment benefit.
35. (1) Where a person is in receipt of, or entitled to, unemployment benefit under the provisions of article 30 and would, but for the provisions of section 125(1)(b), be entitled to unemployment assistance, such person may opt to receive unemployment assistance in lieu of unemployment benefit.
- (2) A person who, in any period of interruption of employment for the purposes of section 42, opts under the provisions of sub-article (1) to receive unemployment assistance in lieu of unemployment benefit, shall not be entitled in the same period of interruption of employment to revoke the option unless the rate of unemployment assistance is reduced below that to which he was entitled at the date of option.
- (3) Where an option under sub-article (1) is revoked in accordance with sub-article (2), the person revoking such option shall not be entitled to receive unemployment assistance in respect of any day for which unemployment benefit is payable.
- (4) In this article "date of option" means the date on which a person opts to receive unemployment assistance in lieu of unemployment benefit.
CHAPTER 4 OLD AGE (CONTRIBUTORY) PENSION
36 Interpretation.
36. In this Chapter—
"entry into insurance" in the case of a relevant person has the meaning assigned to it by section 83(4);
"relevant period" means the period over which the yearly average of contributions is calculated for old age (contributory) pension purposes in accordance with section 83(2);
"relevant person" has the meaning assigned to it by section 83(3);
"yearly average" and "alternative yearly average" have the meanings assigned to them by section 83(2).
37 Reckoning of contributions under National Health Insurance Acts.
37. (1) Notwithstanding section 83(4), a person who—
( a ) had not attained the age of 60 years before the 5th day of January, 1953, and
( b ) had not entered into insurance before attaining that age,
shall be deemed to satisfy the condition for old age (contributory) pension contained in section 84(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him, but, in any such case, the yearly average for the purposes of section 84(1)(c) shall be calculated in accordance with sub-article (3).
- (2) Notwithstanding section 83(4), for the purpose of satisfying the contribution condition for old age (contributory) pension contained in section 84(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 10 be taken into account, but, in any such case, the yearly average for the purposes of section 84(1)(c) shall be calculated in accordance with sub-article (3).
- (3) The yearly average, in the case of a person to whom sub-article (1) or (2) applies, shall be the average per contribution year of contribution weeks in respect of which that person has qualifying contributions, voluntary contributions or credited contributions reckonable for old age (contributory) pension purposes in the period commencing—
( a ) on the 5th day of January, 1953, in case the claimant is a man, or
( b ) on the 6th day of July, 1953, in case the claimant is a woman,
and ending at the end of the last complete contribution year before the date of the claimant's attaining pensionable age.
38 Partial satisfaction of contribution conditions for old age (contributory) pension.
38. (1) Where a person would be entitled to old age (contributory) pension but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, he shall be entitled to pension at a rate determined in accordance with sub-article (2):
Provided that the yearly average is not less than 20.
- (2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule C, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 87 shall be the same as if the contribution condition set out in section 84(1)(c) had been fully satisfied.
39 Entitlement to pro-rata old age (contributory) pension.
39. In the case of a relevant person who—
( a ) would, but for the fact that the contribution condition set out in section 84(1)(c) is not satisfied, be entitled to old age (contributory) pension,
( b ) is not entitled to pension under article 38 or 41,
( c ) does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and
( d ) 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, or a self- employed contributor or a voluntary contributor in respect of whom—
- (I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of or credited to him, or
- (II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of him,
since—
- (A) the 5th day of January, 1953, as respects a man,
- (B) the 6th day of July, 1953, as respects a woman, or
- (C) his date of entry into insurance,
whichever is the later,
he shall be entitled to an old age (contributory) pension at the rate calculated in accordance with article 40.
40 Calculation of rate of pro-rata old age (contributory) pension.
40. (1) The rate of old age (contributory) pension payable to a relevant person referred to in article 39 shall be calculated in accordance with the formula—
where—
A is the rate of old age (contributory) pension which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for old age (contributory) pension purposes,
B is the number of—
- (i) employment contributions paid in respect of or credited to the relevant person,
- (ii) self-employment contributions paid by him, and
- (iii) voluntary contributions paid by him, during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, and
C is the total number of—
- (i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 9(1)(b) only) paid in respect of or credited to the relevant person,
- (ii) all of the self-employment contributions paid by him, and
- (iii) all of the voluntary contributions paid by him,
during the relevant period:
Provided that where the amount so calculated is not a multiple of £2, it shall be increased to the next multiple of £2.
- (2) Notwithstanding sub-article (1), any increase payable under subsection (2), (4) or (5) of section 87 shall be the same as if the contribution condition set out in section 84(1) (c) had been fully satisfied.
41 Special partial old age (contributory) pension.
41. (1) In the case of a person who became an employed contributor paying employment contributions reckonable for the purposes of entitlement to old age (contributory) pension at the time of and as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and who would be entitled to old age (contributory) pension but for the fact that the relevant contribution condition is not satisfied as respects the yearly average and that person is not entitled to old age (contributory) pension under article 38 he shall be entitled to old age (contributory) pension at a rate determined in accordance with sub-article (2):
Provided that the yearly average is not less than 5.
- (2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule D, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 87 shall be the same as if the contribution condition set out in section 84(1)(c) had been fully satisfied.
42 Calculation of yearly average.
42. In calculating the yearly average or alternative yearly average for old age (contributory) pension purposes (other than a pension payable under article 41) in the case of a claim made on or after the 13th day of July, 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.
43 Saver.
43. The provisions of this Chapter shall not operate so as to disentitle to an old age (contributory) pension, or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for old age (contributory) pension contained in section 84(1) by virtue solely of his insurance under the Principal Act.
CHAPTER 5 *Retirement Pension*
44 Interpretation.
44. In this Chapter—
"entry into insurance" in the case of a relevant person has the meaning assigned to it by section 88(5);
"relevant period" means the period over which the yearly average of contributions is calculated for retirement pension purposes in accordance with section 88(3);
"relevant person" has the meaning assigned to it by section 88 (4);
"yearly average" and "alternative yearly average" have the meanings assigned to them by section 88(3).
45 Reckoning of contributions under National Health Insurance Acts.
45. (1) Notwithstanding section 88(5), a person who—
( a ) had not attained the age of 55 years before the 5th day of January, 1953, and
( b ) had not entered into insurance before attaining that age,
shall be deemed to satisfy the condition for retirement pension contained in section 89(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him, but, in any such case, the yearly average for the purposes of section 89(1)(c) shall be calculated in accordance with section 88(3).
- (2) Notwithstanding section 88(5), for the purpose of satisfying the contribution condition for retirement pension contained in section 89(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 10, be taken into account, but, in any such case, the yearly average for the purposes of section 89(1)(c) shall be calculated in accordance with section 88(3).
46 Period of retirement.
46. For the purposes of section 88, a period of retirement in relation to a person shall be—
- (i) where the person has attained the age of 65 years and has not yet attained the age of 66 years, any period subsequent to his retirement from employment which is insurable employment or insurable self-employment under the Principal Act (other than employment which is insurable only for occupational injuries benefit) during which he does not engage in such employment, or
- (ii) where the person has attained the age of 66 years, any period subsequent to his attainment of that age whether he is engaged in employment or not.
47 Partial satisfaction of contribution conditions for retirement pension.
47. (1) Where a person would be entitled to retirement pension but for the fact that the relevant contribution conditions are not satisfied as respects the yearly average, he shall be entitled to pension at a rate determined in accordance with sub-article (2):
Provided that the yearly average is not less than 24.
- (2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule E, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 91 shall be the same as if the contribution condition set out in section 89(1)(c) had been fully satisfied.
48 Entitlement to pro-rata retirement pension.
48. In the case of a relevant person who—
( a ) would, but for the fact that the contribution condition set out in section 89(1)(c) is not satisfied, be entitled to retirement pension,
( b ) is not entitled to pension under article 47,
( c ) does not have an entitlement to a retirement pension by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 238, and
( d ) 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, or a voluntary contributor in respect of whom—
- (I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of or credited to him, or
- (II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of him,
since—
- (A) the 5th day of January, 1953, as respects a man,
- (B) the 6th day of July, 1953, as respects a woman, or
- (C) his date of entry into insurance,
whichever is the later,
he shall be entitled to a retirement pension at the rate calculated in accordance with article 49.
49 Calculation of rate of pro-rata retirement pension.
49. (1) The rate of retirement pension payable to a relevant person referred to in article 48 shall be calculated in accordance with the formula—
where—
A is the rate of retirement pension which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for retirement pension purposes,
B is the number of—
- (i) employment contributions paid in respect of or credited to the relevant person, and
- (ii) voluntary contributions paid by him,
during the relevant period which are reckonable for the purposes of the contribution conditions for entitlement to retirement pension, and
C is the total number of—
- (i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 9(1)(b) only) paid in respect of or credited to the relevant person,
- (ii) all of the self-employment contributions paid by him, and
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