Social Welfare Consolidation Act 2005

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

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

68KJ. F596[Jobseeker’s pay-related benefit - disqualification for course of study

68KJ.(1) A person shall not be entitled to receive jobseeker’s pay-related benefit while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.

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

(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her 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 beginning of the following academic year.

(3) In this section—

‘academic year’ has the meaning assigned to it bysection 148;

‘a course of study’ has the meaning assigned to it bysection 148.]

F597[Chapter

68L. F598[Covid-19 pandemic unemployment payment

68L.(1) Subject to this Act, a person shall be entitled to the Covid-19 pandemic unemployment payment in respect of any week where—

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

(b) on or after 13 March 2020, the person was—

(i) an employed contributor in the week immediately before he or she ceased to earn an income from the employment concerned and lost his or her employment as a direct consequence of Covid-19 (including the adverse effects of Covid-19 on the business of his or her employer and the adverse effects of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19), or

(ii) in insurable self-employment in the week immediately before the date on which he or she can demonstrate to the Minister that the reckonable income or reckonable emoluments ceased, or reduced, as a direct consequence of Covid-19 (including the adverse effects of Covid-19 on such self-employment and the adverse effects of measures required to be taken by him or her in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19), to the extent that he or she would be available to take up full-time employment,

F599[(ba) in relation to a person in respect of whomparagraph (b)(ii)applies, the person’s earnings from self-employment, calculated in accordance with regulations undersection 68P, does not exceed €960 in relation to an eight week period,]

(c) the person is not—

(i) an employed contributor whose employer is, or was, in receipt of the temporary wage subsidy, or

(ii) an employed contributor referred to insection 38C(1)(f)whose employer was, before the coming into operation of Part 7 of the Act of 2020, in receipt of a subsidy referred to insection 38C(1)(f),

(d) the person is not engaged in insurable employment,

(e) the person satisfies the contribution conditions insection 68M,

(f) he or she is capable of work,

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

(h) the person was not in receipt of the payment known as the pandemic unemployment payment paid undersection 202in respect of that week.

(2) Entitlement to the Covid-19 pandemic unemployment payment shall, having regard to the date referred to insubsection (1), take effect from the date on which the claimant was last in employment or self-employment referred to insubsection (1)(b).

(3) The conditions specified insubsection (1)(b)(i)will not be satisfied where a claimant—

(a) has lost the employment concerned through his or her own misconduct or has voluntarily left his or her employment,

(b) refuses an offer to return to the employment concerned,

(c) has refused an offer of suitable employment,

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

(e) has failed or neglected to avail himself or herself of any offer of support from, or proposed by, the Minister to enable himself or herself to improve his or her prospects of obtaining employment.

(4) Subject to this Act, a person who was, immediately before the coming into operation of section 11 of the Social Welfare (Covid-19)(Amendment) Act 2020, in receipt of the payment known as the pandemic unemployment payment paid undersection 202, shall, subject to this Chapter, be paid the Covid-19 pandemic unemployment payment.

(5) An employer or a self-employed contributor shall provide the Minister with such prescribed information for the purposes of determining entitlement to the Covid-19 pandemic unemployment payment.]

68M. F600[Contribution conditions

68M.The contribution conditions for the Covid-19 pandemic unemployment payment are that—

(a) in the case of a person referred to insection 68L(1)(b)(i), he or she has qualifying contributions in respect of not less than one contribution week in the 4 weeks immediately before claiming the Covid-19 pandemic unemployment payment, or

(b) in the case of a person referred to insection 68L(1)(b)(ii), he or she is a self-employed contributor.]

68N. F601[Duration of Covid-19 pandemic unemployment payment

68N.(1) The Covid-19 pandemic unemployment payment shall cease on a day as may be prescribed by the Minister undersubsection (2).

(2) For the purposes ofsubsection (1), the Minister may, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters specified insubsection (3)make regulations—

(a) specifying a date on or after which an application for the Covid-19 pandemic unemployment payment shall not be made, and

(b) specifying a date on which the Covid-19 pandemic unemployment payments shall cease to be made.

(3) When making regulations under this section the Minister shall have regard to the following:

(a) the policies and objectives of the Government to mitigate the economic effects of the spread of the disease known as Covid-19 through the supports available to both individuals and businesses;

(b) the range of income support and in-work supports provided by the Government to protect and support the welfare of members of the public, including those affected by the adverse economic effects of the spread of the disease known as Covid-19;

(c) the need to ensure the long-term sustainability of the Social Insurance Fund;

(d) the need to ensure the most beneficial, effective and efficient use of resources.]

68O. F602[Rate of payment

68O.(1) The weekly rates of the Covid-19 pandemic unemployment payment shall be the amounts corresponding to the amounts set out inPart 6ofSchedule 2or such weekly rates as may be prescribed in regulations under this section.

(2) For the purposes ofsubsection (1)—

(a) the manner in which the average reckonable weekly income of a claimant is calculated shall be prescribed in regulations under this section, and

(b) the Minister may make regulations providing for the manner in which the average reckonable weekly income of a claimant shall be calculated.

(3) Notwithstanding anything in this Act, the Minister may, with the consent of the Minister for Public Expenditure and Reform, by regulation increase or decrease the weekly rates referred to insubsection (1)and may provide that different rates of payment shall be payable in line with the provision of any such regulations.

(4) When making regulations under this section the Minister shall have regard to the following:

(a) the policies and objectives of the Government to mitigate the adverse economic effects of the spread of the disease known as Covid-19 through the supports available to both individuals and businesses;

(b) the need to ensure that the rates of payment complement the range of income supports, activation measures, in-work and business supports provided by the Government to assist the recovery and sustainability of employment;

(c) the need to ensure the most beneficial, effective and efficient use of resources.]

68P. F603[Regulations for purposes of Chapter

68P.(1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters specified insubsection (2), make regulations for the purposes of giving full effect to this Chapter and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the foregoing—

(a) the matters referred to as prescribed in this Chapter,

(b) the manner in which entitlement to an increase in respect of a qualified adult paid with a benefit or assistance under this Act shall be treated where the qualified adult concerned has an entitlement in his or her own right to the Covid-19 pandemic unemployment payment,

(c) the manner in which entitlement to an increase in respect of a qualified child paid with a benefit or assistance under this Act shall be treated where the qualified child concerned has an entitlement in his or her own right to the Covid-19 pandemic unemployment payment,

(d) additional requirements in relation to the activation of persons in receipt of the Covid-19 pandemic unemployment payment as the Minister may consider appropriate,F604[…]

F605[(da) the manner in which the earnings, from self-employment, of a person in respect of whomsection 68L(1)(b)(ii)applies shall be calculated, and]

(e) such additional, incidental, consequential or supplementary matters as the Minister considers necessary or expedient for the purposes of giving effect to the relevant provisions.

(2) When making regulations under this section, the Minister shall have regard to the following:

(a) the potential impact of Covid-19 on the entitlements of employed contributors and self-employed contributors;

(b) the policies and objectives of the Government to protect the health and welfare of members of the public;

(c) the policies and objectives of the Government to mitigate the economic effects of Covid-19;

(d) the need to ensure the most beneficial, effective and efficient use of resources.]

Chapter 13

69. Interpretation. [1993 s48(1)]

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

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

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

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

“disablement gratuity” has the meaning given to it by section 75(8);

“disablement pension” has the meaning given to it by section 75(9) or (10);

“injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 75(3), disablement benefit in respect of the accident is not available to the insured person;

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

“medical treatment” has the meaning given to it by section 93(1);

“occupational accident” shall be read in accordance with section 90;

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

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

“F606[incapacity supplement]” has the meaning given to it by section 77(3).

F607[(1A) For the purpose of calculating the period of 156 days in the definition of ‘injury benefit period’ in relation to an accident, the following days shall, in addition to any period since the accident concerned, be included in the calculation:

(a) any statutory sick leave days under the Act of 2022;

(b) any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.]

[1993 s48(2)]

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

70. Occupational injuries insurance. [1993 s49(1)]

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

[1993 s49(2)]

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

[1994 s31(1)]

(3) Notwithstanding subsection (1), regulations may provide for entitling to such and so many of the benefits which comprise occupational injuries benefits, that may be prescribed, subject to the conditions and circumstances that may be prescribed, the class or classes of persons that may be prescribed.

71. Insurable (occupational injuries) employment. [1993 s50(1)]

71.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to subsections (2) to (11), be read as a reference to any employment for the time being specified in Part 1 of Schedule 1, not being an employment specified in Part 2 of that Schedule.

[1993 s50(2)]

(2) (a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part 1 of Schedule 1—

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

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

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

(b) In paragraph (a)(ii)—

“ship” means—

(i) any ship registered in the State, or

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

“aircraft” means—

(i) any aircraft registered in the State, or

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

[1993 s50(3)]

(3) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part 2 of Schedule 1—

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

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

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

(d) employment, otherwise than under contract of service, specified in paragraph 10 of Part 1 of Schedule 1.

[1993 s50(4)]

(4) For the purposes of this section, paragraph 2 of Part 2 of Schedule 1 shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer.

[1993 s50(5)]

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

[1993 s50(6)]

(6) The Minister may, in relation to paragraphs 4 and 5 of Part 2 of Schedule 1, by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified.

[1993 s50(7)]

(7) The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part 2 of Schedule 1.

[1993 s50(8)]

(8) Where it appears to the Minister—

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

(b) that either—

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

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

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

[1993 s50(9)]

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

[1993 s50(10)]

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

[1993 s50(11); 1996 s12(1)(c)]

(11) A person employed under a F608[scheme provided by the Minister and known as Community Employment] is deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment, where the person's employment under that scheme began before 6 April 1996.

72. Extension of meaning of references to accidents arising out of and in course of employment. [1993 s51(1)]

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

[1993 s51(2)]

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

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

(b) the accident—

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

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

and

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

[1993 s51(3)]

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

(a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention of any statutory or other regulations applicable to the person's employment, or of any orders given by or on behalf of his or her employer or without instructions from his or her employer, as the case may be, and

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

[1993 s51(4)]

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

[1993 s51(5)]

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

[1993 s51(6)]

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

73. Accidents in illegal employment and accidents outside State. [1993 s52(1)]

73.—(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 87, or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or non-compliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons—

(a) the contract purporting to govern the employment was void, or

(b) the employed person was not lawfully employed in that employment at the time when or in the place where the accident happened or the disease or injury was contracted or received.

[1993 s52(1)]

(2) In subsection (1) “relevant employment” means—

(a) in relation to an accident, the employment out of and in the course of which the accident arises, and

(b) in relation to a disease or injury, the employment to the nature of which the disease or injury is due.

[1993 s52(3)]

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

74. Injury benefit. [1993 s53(1)]

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

[1993 s53(1)]

(2) An insured person shall not be entitled to injury benefit in respect of the first F609[3] days on which, as a result of the injury, he or she is incapable of work.

F610[(2A)Subsection (2)shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day on which, as a result of the injury, he or she is incapable of work.

(2B)Subsection (2)shall not apply to a person who had a period of incapacity for work immediately before, or not more than 3 days before the first day on which, as a result of the injury, he or she is incapable of work.]

F611[(2C) Notwithstandingsubsections (2),(2A)and(2B), a person shall not be entitled to injury benefit—

(a) for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or

(b) for any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.

(2D)Subsection (2C)shall not apply in a case where an exemption is for the time being in force under section 10 of the Act of 2022 in respect of the employer of the person concerned.

(2E) Notwithstandingsubsections (2),(2A),(2B)and(2C), a person shall not be entitled to injury benefit for the first day of any such entitlement, where in the immediately preceding 6 days, the person is entitled to statutory sick leave under the Act of 2022 in respect of a Sunday.]

[1993 s53(2)]

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

[1993 s53(3)]

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

[1993 s53(4)]

(5) Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of Part 1 of Schedule 2.

[1993 s53(5); 2001 s37 & Sch F]

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

[1993 s53(6)]

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

75. Disablement benefit. [1993 s54(1)]

75.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit where he or she suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with subsections (3) to (11) amounts to F612[not less than 15 per cent].

F613[(1A) In the case of any assessment of disablement—

(a) where the period to be taken into account by the assessment began before 1 January 2012, or

(b) where there has been a provisional assessment, and—

(i) the initial period to be taken into account by the assessment began before 1 January 2012, and

(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,

subsection (1)shall be read as if‘not less than 1 per cent’were substituted for‘not less than 15 per cent’.]

[1993 s54(1)]

(2) For the purposes of subsections (3) to (11), there is deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if assessed in accordance with those provisions, F614[would amount to less than 15 per cent].

F615[(2A) In the case of any assessment of disablement—

(a) where the period to be taken into account by the assessment began before 1 January 2012, or

(b) where there has been a provisional assessment, and—

(i) the initial period to be taken into account by the assessment began before 1 January 2012, and

(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,

subsection (2)shall be read as if‘would not amount to 1 per cent’were substituted for‘would amount to less than 15 per cent’.]

[1993 s54(2)]

(3) Disablement benefit shall not be available to an insured person until after the 3rd day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident, nor until after the last day, if any, of that period on which he or she is incapable of work as a result of the relevant accident but where the person is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he or she may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that the person is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.

[1993 s54(3)]

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

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

(b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to any regulations made under subsection (5), it shall not be so treated in so far as the claimant either—

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

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

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

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

[1993 s54(4)]

(5) (a) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and those regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement.

(b) In relation to any direction in regulations made under paragraph (a), nothing in subsection (4)(c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.

[1993 s54(5)]

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

(b) If on any assessment the condition of the claimant is not such, having regard to the possibility of changes in that condition (whether predictable or not), as to allow of a final assessment being made up to the end of the period referred to in paragraph (a)—

(i) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his or her condition and that possibility, and

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

[1993 s54(6)]

(7) (a) Subject to paragraph (b), an assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account by the assessment and, where that is limited by reference to a definite date, whether the assessment is provisional or final.

(b) For the purposes of paragraph (a)—

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

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

(I) where it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and

(II) where it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.

[1993 s54(7)]

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

(i) of an amount fixed, in accordance with the length of that period and the degree of disablement, by a prescribed scale, but not in any case exceeding the amount set out in Part 2 of Schedule 2,

(ii) payable, if and in the cases provided by regulations, by instalments.

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

[1993 s54(8)]

(9) (a) Subject to paragraph (b), where the extent of the disablement is assessed for the period taken into account as amounting to 20 per cent or more, disablement benefit shall be a pension (in this Chapter referred to as “a disablement pension”) for that period at the weekly rate set out in column (2) of Part 3 of Schedule 2 appropriate to the degree of disablement.

(b) Where the period referred to in paragraph (a) is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.

[1993 s54(9)]

(10) (a) Where, apart from this subsection, a gratuity would be paid under subsection (8) in a case in which the period taken into account by the assessment of disablement is the period of the claimant's life or a period exceeding 7 years and the extent of disablement is assessed as amounting to F616[not less than 15 per cent] and not more than 19 per cent, subparagraphs (i) to (iii) apply where the claimant opts, before the gratuity is paid, for the substitution of a pension for the gratuity:

(i) the gratuity shall not be paid;

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

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

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

(i) the scale shall be the same for all persons;

(ii) different amounts may be specified in relation to the different percentages under 20 per cent, but each such amount shall not be less than the amount which bears to the appropriate amount of disablement pension (set out in Part 3 of Schedule 2) for a degree of disablement of 20 per cent, the same proportion as the percentage with respect to which it is specified bears to 20 per cent.

[1993 s54(10)]

F617[(11) (a) In the case of any assessment of disablement where the period to be taken into account by the assessment began before 1 May 1990,subsection (10)(a)shall be read as if the reference to‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’were deleted.

(b) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 May 1990 but before 1 January 2012,subsection (10)(a)shall be read as if a reference to‘and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent’were substituted for the reference to‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’.]

76. Increase of injury benefit and disablement pension for qualified adult and qualified children. [1993 s55(1); 1997 s28(4) & Sch F]

76.—(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of injury benefit under this subsection in respect of more than one person.

[1993 s55(2); 1994 s32 & Sch F]

F618[(2) The weekly rate of injury benefit shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s55(3); 2003 s10(1)(d)]

(3) Subject to subsection (4), any increase of injury benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F619[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F619[, civil partner or cohabitant] of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.

[2003 s10(1)(d)]

(4) Subsection (3) shall not apply and no increase of injury benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F619[, civil partner or cohabitant] of a beneficiary shall be payable where the weekly income of that spouse F619[, civil partner or cohabitant], calculated or estimated in the manner that may be prescribed, exceeds any amount that may be prescribed.

[2003 s10(1)(d)]

(5) F620[…]

77. F621[Increase of disablement pension on account of incapacity.

77.—(1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out incolumn (2)ofPart 4ofSchedule 2where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

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

(b) Inparagraph (a)the reference to‘earning’includes a reference to receiving any remuneration or profit derived from gainful occupation.

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

77A. F622[Increase in disablement pension for qualified adult, qualified children etc.

77A.—(1) Where a person qualifies for an incapacity supplement undersection 77, disablement pension shall be increased for the period during which incapacity supplement is payable—

(a) by the amount set out incolumn (3)ofPart 4ofSchedule 2for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of disablement pension under this paragraph in respect of more than one person,

F623[(b) incolumn (4)ofPart 4ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary,]

F624[(bb) incolumn (5)ofPart 4ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,]

(c) by the amount set out inF625[column (6)]ofPart 4ofSchedule 2where the beneficiary is living alone, and

(d) by the amount set out inF626[column (7)]ofPart 4ofSchedule 2where the beneficiary is ordinarily resident on an island.

F627[(2) Subject tosubsection (3), any increase of disablement pension payable undersubsection (1)(b)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult andsubsection (1)(b)shall be read and have effect accordingly.]

F628[(3)Subsection (2)shall not apply and no increase of disablement pension payable undersubsection (1)(b)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.]]

78. Increase of disablement pension where constant attendance needed. [1993 s57(1); 2001 s19(1)]

78.—(1) Where a disablement pension is payable in respect of an assessment of 50 per cent or more, then, where as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by the amount set out in Part 4 of Schedule 2.

[1993 s57(2); 2001 s19(1)]

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

79. Adjustments for successive accidents. [1993 s58(1); 2005 (SW&P) s5]

79.—(1) Where a person suffers 2 or more successive accidents against which he or she is insured by occupational injuries insurance, regulations may provide for adjusting—

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

(b) any increase of benefit referred to in subsection (2), or the conditions for the receipt of any such increase.

[1993 s58(2); 2005 (SW&P) s5(1)]

(2) An increase of benefit referred to in subsection (1) is an increase in the rate of injury benefit or of disablement pension under sections 76, 77 and 78.

80. Entitlement to death benefit. [1993 s59; 1997 s14(1)]

80.—Subject to this Act, death benefit shall be payable as provided for in F629[sections 81,83and84] where—

(a) an insured person dies as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, or

(b) an insured person dies and where immediately before the date of death he or she was entitled to a disablement pension in respect of disablement assessed at 50 per cent or more.

81. F630[Death benefit for bereaved partners and increases for qualified children, etc.

81.(1) Subject tosubsection (2), death benefit shall be payable to the bereaved partner of a deceased partner.

(2) Subject tosections 241(2)and242, a bereaved partner whose claim for death benefit is based on being a surviving qualified cohabitant shall, regardless of the date of death of his or her deceased partner, be entitled to a pension under this section from 22 January 2024 or the date of death of the deceased partner, whichever is the later date.

(3) Death benefit shall be a pension at the weekly rate set out incolumn (2)ofPart 1ofSchedule 2, and where the beneficiary has attained pensionable age and is living alone, that rate shall be increased by the amount set out incolumn (6)of that Part.

(4) A bereaved partner shall be disqualified for receiving a pension undersubsection (3)if and so long as he or she is a cohabitant.

(5) A pension undersubsection (3)shall cease as and from—

(a) the date of marriage or remarriage of the beneficiary,

(b) the date of entry by the beneficiary into a civil partnership or a new civil partnership, or

(c) the date on which the beneficiary becomes a qualified cohabitant or again becomes a qualified cohabitant.

(6) The weekly rate of pension undersubsection (3)shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary,

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,

(c) incolumn (7)ofPart 1ofSchedule 2where the beneficiary has attained the age of 80 years, and

(d) incolumn (8)ofPart 1ofSchedule 2where the beneficiary has attained pensionable age and is ordinarily resident on an island.

(7) (a) For the purpose of this section, and subject to any regulations undersection 123(3), where the death of the deceased partner occurred on or after the date of the passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, a person shall not be considered a bereaved partner if the Minister is satisfied in all the circumstances that—

(i) in the case of a married couple, the spouses had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased spouse, or

(ii) in the case of a civil partnership, the civil partners had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased civil partner.

(b) For the purpose ofparagraph (a)—

(i) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(ii) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(iii) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.

(8) In this section, ‘bereaved partner’ and ‘deceased partner’ each have the meaning given to them insection 123.]

82. Death benefit — parents. [1993 s61(1)]

82.—F631[…]

83. Death benefit — orphans. [1993 s62(1)]

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

[1993 s62(2)]

(2) In the case of an orphan death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of Schedule 2.

[1993 s62(3)]

(3) Section 133 applies to a pension under this section as it applies to F632[a guardian’s payment (contributory)].

84. Death benefit — funeral expenses. [1993 s63(1)]

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

[1993 s63(2)]

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

[1993 s63(3)]

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

[1993 s63(4)]

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

85. Supplements to workmen's compensation payments. [1993 s64(1); 2005 (SW&P) s26 & Sch 4]

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

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

(b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to F633[incapacity supplement] be treated as being, incapable of work and likely to remain permanently so incapable,

the like right to payments under this Chapter by way of F633[incapacity supplement] and the like right to payments under this Chapter in respect of a qualified child or qualified adult as if the injury or disease were one in respect of which a disablement pension were for the time being payable.

[1993 s64(2)]

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

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

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

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

[1993 s64(3); 2005 (SW&P) s26 & Sch 4]

(3) Regulations referred to in subsections (1) and (2) may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an F633[incapacity supplement], to an increase of a disablement pension in respect of a qualified child or qualified adult, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications.

[1993 s64(4)]

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

86. Cost of medical care. [1993 s65(1); 2005 (SW&P) s23, 26 & Sch 1, 4]

86.—(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he or she was insured under this Part, shall be payable out of the Social Insurance Fund to the extent that the cost is not met under—

(a) the Health Acts 1947 to 2005, or

(b) the Mental Health Acts 1945 to 2001, or

(c) regulations made under section 138.

[1993 s65(2); 2005 (SW&P) s23, 26 & Sch 1, 4]

(2) Where an insured person is eligible to avail himself or herself of services provided under the Health Acts 1947 to 2005 or the Mental Health Acts 1945 to 2001 or treatment benefit under regulations made under section 138 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he or she availed himself or herself of those services or that benefit.

[1993 s65(3)]

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

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

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

as may be appropriate.

[1993 s65(4)]

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

[1993 s65(5)]

(5) F634[…]

[1993 s65(6)]

(6) F635[Where a person makes a claim for the cost of medical care under this section], the insured person may be required to submit himself or herself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his or her case, and no payment shall be made under this section where the person fails to comply with the requirement.

[1993 s65(7); 2005 (SW&P) s23 & Sch 1]

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

[1993 s65(8)]

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

[1993 s65(9)]

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

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

(b) nursing care at home except where the cost is met by an increase under section 78 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions,

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

(d) dental and optical treatment and appliances,

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

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

87. Insurance against prescribed diseases and injuries not caused by accident. [1993 s66(1)]

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

[1993 s66(2)]

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

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

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

[1993 s66(3)]

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

[1993 s66(4)]

(4) Provision may be made by regulations for determining—

(a) the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and

(b) the circumstances in which any such disease or injury is, where the person in question has previously suffered from that disease or injury, to be treated as having recrudesced or as having been contracted or received afresh.

[1993 s66(5)]

(5) The benefit payable under this section in respect of a prescribed disease or injury, and the conditions for the receipt of that benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations in relation to any matter which is to be prescribed and to subsections (6) to (8).

[1993 s66(6)]

(6) Regulations may provide, in relation to prescribed diseases and injuries—

(a) for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and

(b) for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection with those claims or with an award of benefit on any such claim.

[1993 s66(7)]

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

(a) for presuming any prescribed disease or injury—

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

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

and

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

[1993 s66(8)]

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

88. Notice of accidents. [1993 s67(1)]

88.—(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 86 may be payable to be given within the prescribed time by the insured person or, where within that time his or her death results from the accident, by any other person who may be prescribed, to the insured person's employer or another prescribed person.

[1993 s67(2)]

(2) In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 86 for the period that may be determined in accordance with the regulations.

89. Reporting of accidents by employers. [1993 s68]

89.—Regulations may provide for requiring employers—

(a) to make reports, to the person and in the form and within the time that may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 86 may be payable,

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

(c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 86 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.

90. Declaration that accident is an occupational accident. [1993 s69(1)]

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

[1993 s69(2)]

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

[1993 s69(3)]

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

[1993 s69(4)]

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

[1993 s69(5)]

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

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

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

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

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

91. Disqualifications for injury benefit or disablement benefit and suspension of proceedings. [1993 s70(1)]

91.—(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 9 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, where the person fails without good cause—

(a) to submit himself or herself from time to time to medical examination for the purpose of determining—

(i) the effect of the relevant accident,

(ii) whether the accident has resulted in a loss of faculty,

(iii) at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or

(iv) the treatment appropriate to the relevant injury or loss of faculty,

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

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

F636[(d) to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(i) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(ii) refraining from behaviour likely to hinder his or her recovery;

(iii) being available to meet withF637[an officer of the Minister or a medical assessor]regarding his or her claim for injury benefit or disablement benefit.]

F638[(1A) Subject tosubsection (1B), a person in receipt of or entitled to injury benefit or an increase of disablement benefit undersection 77shall not engage in work.]

F639[(1B) A person shall not be disqualified for receipt of injury benefit or an increase of disablement benefit undersection 77while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.]

[1993 s70(2)]

(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment referred to in subsection (1) of the amount that may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.

92. Treating person as incapable of work, etc. [1993 s71]

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

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

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

93. Medical treatment. [1993 s72(1)]

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

[1993 s72(2)]

(2) Regulations may provide that where a person receives medical treatment as an in-patient for 2 or more distinct periods separated by an interval or intervals of less than a specified duration, he or she shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last period.

94. Rehabilitation. [1993 s73(1)]

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

[1993 s73(2)]

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

95. Research. [1993 s74(1)]

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

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

(b) diseases against which that insurance is provided or which it is contemplated may be prescribed for the purposes of section 87,

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

[1993 s74(2)]

(2) The Minister may pay to persons employed for the purposes of subsection (1) the salaries or other remuneration, and travelling or other allowances, that he or she may, with the consent of the Minister for Finance, determine.

[1993 s74(3)]

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

96. Taking account of benefit in assessing damages. [1993 s75(1)]

96.—(1) F640[…]

[1993 s75(2)]

(2) F640[…]

[1993 s75(3)]

(3) Notwithstanding section 50 of the Civil Liability Act 1961, in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 84 in respect of funeral expenses, resulting from that person's death.

[1993 s75(4)]

(4) Notwithstanding the F641[Garda Síochána (Compensation) Act 2022, there shall in assessing compensation under that Act (including under the Personal Injuries Assessment Board Act 2003 as applied by that Act)] be taken into account, against—

(a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries,

(b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (where the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his or her future career in that force, and

(c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries,

the value of any rights which have accrued or will probably accrue to him or her therefrom in respect of disablement benefit (disregarding any increase of that benefit under section 78 in respect of constant attendance) for 5 years beginning with the time when the cause of action accrued.

[1993 s75(5)]

(5) Notwithstanding the F642[Garda Síochána (Compensation) Act 2022, in assessing compensation under that Act (including under the Personal Injuries Assessment Board Act 2003 as applied by that Act)] in respect of—

(a) a person's death, account may be taken of any death benefit by way of grant under section 84 in respect of funeral expenses, resulting from that person's death, and

(b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 86, resulting from those injuries for 5 years beginning with the time when the cause of action accrued.

[1993 s75(6)]

(6) Subsections (4) and (5) shall not apply to any proceedings instituted for compensation under the Garda Síochána (Compensation) Acts 1941 and 1945 before 6 April 1989.

97. Saver for repeal of Workmen's Compensation Acts. [1993 s76]

97.—The Workmen's Compensation Acts, as amended by Part V of the Civil Liability Act 1961, shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act 1966 had not been passed, being cases where a right to compensation arose in respect of employment before 1 May 1967, except where, in the case of a disease or injury prescribed for the purposes of section 87, the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.

98. Construction of certain references in Local Government (Superannuation) Act 1956. [1993 s77]

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

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

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

shall be read as references to this Chapter.

Chapter 14

99. Interpretation. [2000 s10; 2005 (SW&P) s6(a)]

99.—(1) Subject to this Act, in this Chapter—

“carer” means a person who has attained the age of 16 years and who—

(a) resides with and provides full-time care and attention to a relevant person, or

(b) subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a relevant person;

“relevant period” means the period of 26 weeks immediately before the first day in respect of which a claim to carer's benefit is made;

“relevant person” means a person who has such a disability that he or she requires full-time care and attention.

[2000 s10]

F643[(2) For the purposes of the definition of‘relevant person’in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she requires from another person—

(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(b) continual supervision in order to avoid danger to himself or herself.]

[2000 s10]

(3) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.

100. Entitlement to benefit. [2000 s10; 2005 (SW&P) s6(b)]

100.—(1) Subject to this Act, a benefit (in this Act referred to as “carer's benefit”) shall be payable to a carer where he or she—

F644[(a) was engaged in insurable full-time employment for not less than 8 weeks, whether consecutive or not, within the relevant period,]

(b) does not engage in F645[employment, self-employment, or any course of education or training], and

(c) satisfies the contribution conditions in section 101.

[2000 s10; 2005 (SW&P) s6(b)]

(2) Subsection (1)(a) shall not apply in respect of a claimant who was in receipt of carer's benefit within the relevant period.

[2000 s10]

(3) Notwithstanding subsection (1)(b), the Minister may make regulations to provide that a carer may engage in F645[employment, self-employment, or any course of education or training] subject to the limitations in relation to hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.

F646[(3A) Notwithstanding the generality ofsubsection (3), the Minister may, by regulations, make provision in relation to the documentary proof, including the information or specific documentation to be provided by a self-employed person in support of his or her claim for carer’s benefit, and, notwithstanding the generality of the foregoing, any such regulations may provide for—

(a) the provision by a person of documentary evidence of the nature, extent and duration of his or her self-employment, and

(b) such other matters as the Minister considers appropriate for the purposes of this Chapter.]

[2000 s10]

(4) Subsection (1)(c) shall not apply in the case of a claimant who was previously in receipt of carer's benefit.

[2000 s10; 2005 (SW&P) s6(b)]

F647[(5) In this section, ‘engaged in insurable full-time employment’ means engaged—

(a) in insurable employment as an employed contributor, or

(b) in insurable self-employment as a self-employed contributor,

for not less than 16 hours a week within the 8 weeks referred to insubsection (1)(a)or any period that may be prescribed undersubsection (6), provided that where any 2 of those weeks are consecutive, the requirement in relation to those 2 weeks may be satisfied by an aggregate of not less than 32 hours in that fortnight.]

[2001 s26(1)(b)(ii); 2005 (SW&P) s6(b)]

F648[(6) Regulations may provide that, subject to the conditions and in the circumstances that may be prescribed, in the case of a person who was absent from his or her employment within the relevant period referred to insubsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified insubsection (1)(a)shall be regarded as being satisfied in respect of that person if he or she was engaged in insurable full-time employment for 8 weeks, whether consecutive or not, within the relevant period (other than the relevant period referred to in that subsection) that may be prescribed (and the period that may be so prescribed may comprise 2 or more periods which, taken together, amount to a period of 26 weeks).]

101. Conditions for receipt. [2000 s10; 2005 (SW&P) s11(f)]

101.—(1) The contribution conditions for carer's benefit are that the carer has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the first day for which the benefit is claimed, and qualifying contributions in respect of not less than—

(a) 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the first day for which the benefit is claimed, or

(b) 39 contribution weeks in the 12 months immediately before the first day for which the benefit is claimed, or

(c) 26 weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the first day for which the benefit is claimed.

[2000 s10]

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

102. Rate of benefit. [2000 s10; 2005 (SW&P) s26 & Sch 4]

102.—(1) Subject to this Act, the rate (in this Chapter referred to as the “scheduled rate”) of carer's benefit shall be—

(a) in the case of a person who is a carer of more than one relevant person, the weekly rate set out in column (2) at reference 7(b) in Part 1 of Schedule 2, and

(b) in any other case, the weekly rate set out in column (2) at reference 7(a) in Part 1 of Schedule 2,

F649[increased by the appropriate amount set out incolumn (4)of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, or as the case may be, the appropriate amount set out incolumn (5)of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary]

[2000 s10]

F650[(2) Subject tosubsections (3)and(4), any increase of carer’s benefit payable undersubsection (1)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount andsubsection (1)shall be read and have effect accordingly.]

F651[(3)Subsection (2)shall not apply and no increase of carer’s benefit payable undersubsection (1)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(4)Subsection (3)shall not apply in the case of any claim for carer’s benefit which is made before 5 July 2012.]

103. Duration of payment. [2000 s10]

103.—A carer who has been in receipt of carer's benefit for F652[104 weeks], whether consecutive or not, in respect of the full-time care and attention being provided to a relevant person, shall not thereafter be entitled to that benefit in respect of the full-time care and attention being provided to the same relevant person.

104. Medical examination. [2000 s10]

104.—(1) A relevant person, in respect of whose full-time care and attention a carer is entitled to or in receipt of carer's benefit, shall attend for or submit to any medical or other examination that may be required in accordance with regulations.

[2000 s10]

(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving carer's benefit where the relevant person, in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or to submit to any medical or other examination that may be required in accordance with those regulations.

105. Payment of benefit. [2000 s10; 2005 (SW&P) s14(a)]

105.—Notwithstanding this Chapter—

(a) only one carer's benefit shall be payable to a carer, and only one carer's benefit shall be payable in any week in respect of the full-time care and attention being provided to a relevant person,

[2001 s26(1)]

(b) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where the relevant person is in receipt of an increase of disablement pension under section 78 in respect of F653[constant attendance, and]

(c) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer's allowance under Part 3 is being paid to any person in respect of the full-time care and attention being provided to the same F654[relevant person]

(d) F655[…]

106. Disqualification. [2000 s10]

106.—A person who, having been in receipt of carer's benefit for less than 6 weeks in respect of the full-time care and attention being provided to a relevant person, ceases to be entitled to that benefit, shall be disqualified for receipt of carer's benefit in respect of the full-time care and attention being provided to the same relevant person for 6 weeks from the last day for which he or she was entitled to the benefit.

107. Regulations. [2000 s10]

107.—Regulations may provide for requiring an employer or any other person to give any information that may be required for the purpose of determining a claim to carer's benefit.

Chapter 15

108. Entitlement to pension. [1993 s83(1)]

108.—F656[(1) Subject to this Act, a person shall be entitled to State pension (contributory) where he or she—

(a) has applied for that benefit in the prescribed manner,

(b) has attained pensionable age or deferred pensionable age, as the case may be, and

(c) satisfies the contribution conditions insection 109.]

F657[(1A) Subject tosubsection (1), a person who has attained the age of 66 years shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 66 years.

(1B) Subject tosubsections (1)and(1C), a person born on or after 1 January 1958—

(a) who has attained the age of 67 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 67 years,

(b) who has attained the age of 68 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 68 years,

(c) who has attained the age of 69 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 69 years, and