LegalizeS.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007
These amending acts are not in its history: the source does not say when their effect began (5)
- IE-2026-si-397: S.I. No. 397 of 2026, reg. 3 — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
- IE-2026-si-397: S.I. No. 397 of 2026, reg. 4(a) — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
- IE-2026-si-397: S.I. No. 397 of 2026, reg. 4(b) — eISB serves S.I. No. 377/2026 at the URL of S.I. No. 397/2026.
- IE-2012-si-719: S.I. No. 719 of 2012, reg. 2 — The directory cites S.I. No. 719 of 2012, but the 2012 annual index ends at S.I. No. 593 and the official URL returns 404; the citation may be erroneous.
- IE-2007-si-148: Reg. 57 amended — S.I. No. 148 of 2007, regs. 2, 4(a); Reg. 144 amended — S.I. No. 148 of 2007, regs. 2, 4(b); Reg. 174(d) substituted — S.I. No. 148 of 2007, regs. 2, 5 — Published 2007-04-04, before this law (2007-04-06); the directory does not state when its effect began.
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.
212 amending acts · 2026-06-12, S.I. No. 245/2026 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment…
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007
ARRANGEMENT OF ARTICLES
PART 1 Preliminary
Article
1.
Citation.
2.
Commencement.
3.
Definitions.
4.
Interpretation.
5.
Revocations.
6.
Persons specified to be qualified adults.
7.
Income limit — qualified adult.
8.
Calculation of income limit.
9.
Reduced rate qualified adult increase.
10.
Reduced rate qualified adult increase — State pensions.
11.
Reduced rate qualified adult increase — invalidity pension.
12.
Spouse income limit — qualified child increase.
13.
Normal residence of qualified child.
14.
Persons regarded as receiving full-time education.
15.
Persons regarded as available for employment.
16.
Persons regarded as genuinely seeking employment.
17.
Expenses.
18.
Conversion of contributions paid under National Health Insurance Acts.
19.
Qualified child increase — linked claims.
PART 2 Social Insurance Payments
CHAPTER 1 Illness Benefit
20.
Persons deemed to be incapable of work.
21.
Days not to be treated as days of incapacity for work.
22.
Night workers.
23.
Special provision relating to delay or failure in claiming.
24.
Disqualifications.
25.
Reckoning of periods of interruption of employment.
26.
Qualifying conditions — illness benefit.
27.
Partial satisfaction of conditions — illness benefit.
28.
Contribution conditions — illness benefit.
CHAPTER 2 Maternity Benefit
29.
Expected week of confinement and duration of maternity benefit in certain cases.
30.
Postponement of maternity benefit in event of hospitalisation of child.
31.
Volunteer development workers — qualifying conditions.
32.
Determination of income tax year and prescribed weekly amount for purposes of maternity benefit.
33.
Calculation of reckonable weekly earnings.
34.
Medical examination to determine validity of certificate.
35.
Disqualifications.
CHAPTER 3 Health and Safety Benefit
36.
Qualifying conditions for benefit.
37.
Partial satisfaction of conditions for benefit.
CHAPTER 4 Adoptive Benefit
38.
Definitions.
39.
Volunteer development workers — qualifying conditions.
40.
Determination of income tax year and prescribed weekly amount.
41.
Calculation of reckonable weekly earnings.
42.
Disqualification.
43.
Postponement of adoptive benefit during hospitalisation of child.
CHAPTER 5 Jobseeker’s Benefit
44.
Days not to be treated as days of unemployment.
45.
Night workers.
46.
Special provision relating to delay or failure in claiming.
47.
Qualifying conditions — jobseeker’s benefit.
48.
Partial satisfaction of conditions for jobseeker’s benefit.
49.
Substantial loss of employment.
50.
Disqualification.
51.
Casual employment.
52.
Prescribed manner for proving unemployment.
CHAPTER 6 Carer’s Benefit
53.
Interpretation.
54.
Conditions to be satisfied by non-resident carer.
55.
Prescribed manner for certification of disability.
56.
Circumstances in which carer is to be regarded as providing full-time care and attention.
57.
Conditions and circumstances under which a carer may engage in employment, self-employment, training and education.
58.
Medical examination and disqualification.
CHAPTER 7 State Pension (Contributory)
59.
Interpretation.
60.
Conditions to be satisfied by non-resident homemaker.
61.
Reckoning of contributions under National Health Insurance Acts.
62.
Partial satisfaction of contribution conditions for State pension (contributory).
63.
Entitlement to pro-rata State pension (contributory).
64.
Calculation of rate of pro-rata State pension (contributory).
65.
Special partial State pension (contributory).
66.
Calculation of yearly average.
67.
Saver.
CHAPTER 8 State Pension (Transition)
68.
Interpretation.
69.
Reckoning of contributions under National Health Insurance Acts.
70.
Period of retirement.
71.
Partial satisfaction of contribution conditions for State pension (transition).
72.
Entitlement to pro-rata State pension (transition).
73.
Calculation of rate of pro-rata State pension (transition).
74.
Calculation of yearly average.
75.
Saver.
CHAPTER 9 Invalidity Pension
76.
Definition of permanently incapable of work.
77.
Conditions for receipt of invalidity pension.
78.
Disqualification.
CHAPTER 10 Widow’s (Contributory) Pension and Widower’s (Contributory) Pension
79.
Interpretation.
80.
Partial satisfaction of contribution conditions for widow’s and widower’s pension.
81.
Special partial widow’s and widower’s pension.
82.
Reckoning of contributions paid under Widows’ and Orphans’ Acts.
83.
Calculation of yearly average.
CHAPTER 11 Deserted Wife’s Benefit
84.
Interpretation.
85.
Conditions for receipt of deserted wife’s benefit.
86.
Income limit.
87.
Partial satisfaction of contribution conditions.
88.
Special partial payment.
89.
Application of income limit.
90.
Calculation of yearly average.
CHAPTER 12 Treatment Benefit
91.
Interpretation.
92.
Treatment benefit.
93.
Entitlement to treatment benefit.
94.
Contribution conditions.
95.
Contribution conditions for volunteer development workers.
96.
Treatment benefit for dependant spouse.
97.
Continued benefit to dependant spouse after the death of an insured person.
98.
Continued entitlement over age 60.
99.
Reckoning of contributions paid under National Health Insurance Acts.
100.
Claim for treatment benefit.
101.
Limitation on benefit for a claimant who is a member of the Defence Forces.
102.
Cost of medical certificates.
103.
Time limit for obtaining treatment benefit.
104.
Notice of decision.
105.
Payment by the Minister.
106.
Panels.
107.
Limitation on dental benefit for a claimant who is a member of the Defence Forces.
108.
Amount payable in respect of dental benefit.
109.
Benefit in respect of medical appliances.
110.
Amount payable in respect of medical appliance benefit.
111.
Claims for and payment of medical appliance benefit.
112.
Claims for and payment of optical benefit.
113.
Limitation on optical benefit for claimant who is a member of the Defence Forces.
114.
Amount payable in respect of optical benefit.
115.
Sight tests.
PART 3 Social Assistance Payments
CHAPTER 1 Jobseeker’s Allowance
116.
Interpretation.
117.
Day of unemployment.
118.
Prescribed manner for proving unemployment.
119.
Night workers.
120.
Persons deemed to be available for employment.
121.
Exemption from disqualification.
CHAPTER 2 Pre-Retirement Allowance
122.
Conditions for entitlement.
123.
Period of retirement.
CHAPTER 3 One-Parent Family Payment
124.
Definition.
125.
Circumstances in which person is to be regarded as being a separated spouse.
126.
Circumstances in which person is to be regarded as being an unmarried person.
127.
Circumstances in which person is to be regarded as being a prisoner’s spouse.
128.
Residence of qualified child.
129.
Continued entitlement to payment.
130.
Transfer of maintenance.
CHAPTER 4 Carer’s Allowance
131.
Interpretation.
132.
Conditions to be satisfied by carer.
133.
Conditions to be satisfied by non-resident carer.
134.
Prescribed manner for certification of disability.
135.
Medical examination.
136.
Circumstances in which carer is to be regarded as providing full-time care and attention.
CHAPTER 5 Disability Allowance
137.
Specified disability.
138.
Disqualification.
139.
Temporary residence.
140.
Holidays.
CHAPTER 6 Miscellaneous Provisions for Assessment of Means
141.
Exemption from assessment of property.
142.
Assessment of means — non-cash benefits.
143.
Maintenance arrangements.
144.
Assessment of means — carer’s allowance.
145.
Assessment of claimant’s earnings — jobseeker’s allowance and farm assist.
146.
Assessment of claimant’s seasonal earnings — jobseeker’s allowance and farm assist.
147.
Earnings disregard — disability allowance.
148.
Earnings disregard — State pension (non-contributory).
149.
Earnings disregard — widow’s (non-contributory) pension and widower’s (non-contributory) pension.
150.
Earnings disregard — blind pension.
151.
Assessment of earnings — one-parent family payment.
152.
Prescribed activity — exemption of income.
153.
Assessment of spouse’s earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
154.
Assessment of spouse’s seasonal earnings — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
155.
Disregard of certain compensation awards.
156.
Yearly value of property — jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist.
157.
Prescribed age for the purposes of benefit and privilege — jobseeker’s allowance.
158.
Disregard of proceeds from sale of principal residence — disability allowance, State pension (non-contributory) and blind pension.
PART 4 Child Benefit
159.
Normal residence.
160.
Full-time education.
161.
Children regarded as continuing to receive full-time education.
PART 5 Respite Care Grant
162.
Interpretation.
163.
Date respite care grant payable.
164.
Entitlement to grant for certain classes of carer.
165.
Period for which full-time care and attention to be given.
166.
Carer — residence in institution.
167.
Certain circumstances in which carer may continue to be regarded as providing full-time care and attention.
168.
Conditions to be satisfied by non-resident carer.
169.
Conditions and circumstances under which a carer may engage in employment, self-employment, training and eduction.
170.
Prescribed manner for certification of incapacity.
171.
Medical examination and disqualification.
PART 6 Family Income Supplement
172.
Interpretation.
173.
Manner of calculation or estimation of weekly family income.
174.
Sums disregarded in determining weekly family income.
175.
Person regarded as being in remunerative full-time employment.
176.
Increase for additional qualified child.
177.
Minimum payment of family income supplement.
PART 7 Claims and Payments — General Provisions
Preliminary
178.
Interpretation.
CHAPTER 1 Claims
179.
Claims.
180.
Application to be regarded as a homemaker.
181.
Information to be given when making claim.
182.
Prescribed time for making claim.
183.
Prescribed time for making application to be regarded as a homemaker.
184.
Provisional allowance of claim.
185.
Payment of claims made more than 12 months after the due date.
186.
Payment of certain claims made after due date.
187.
Rounding.
188.
Provision of information.
189.
Sharing of information.
190.
Prescribed time for furnishing information.
191.
Decision of deciding officer.
CHAPTER 2 Payments
192.
Manner of payment.
193.
Commencement of awards — child benefit.
194.
Commencement of awards — early childcare supplement.
195.
Normal residence — early childcare supplement.
196.
Time of payment.
197.
Taking effect of revision on account of change in circumstances.
198.
Payable orders.
199.
Extinguishment of right to payment.
200.
Payments no longer due.
201.
Nominated persons.
202.
Persons unable to act.
203.
Payment to appointed persons.
204.
Payment to appointed person living together with applicant.
205.
Payments on death.
206.
Sum payable on death for child benefit.
207.
Distribution of sum payable on death.
208.
Payments after death.
209.
Offences.
210.
Provisions relating to appointments.
CHAPTER 3 Loss of Purchasing Power
211.
Definitions.
212.
Payment in respect of loss of purchasing power.
213.
Calculation of amount.
214.
Delay in issue of purchasing power payment.
215.
Payment of an amount of costs.
216.
Rounding.
CHAPTER 4 Absence from State and Imprisonment
217.
Exception from disqualification for periods of absence from the State.
218.
Exception from disqualification during penal servitude, imprisonment or detention in legal custody.
219.
Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody.
CHAPTER 5 Overlapping Benefits
220.
Interpretation.
221.
Payment of disablement benefit with other social welfare payments.
222.
Payment of guardian’s payment with other social welfare payments.
223.
Payment of half-rate benefit to recipients of certain payments.
224.
Payment of blind pension with other social welfare payments.
225.
Payment on account.
226.
Payment on account of qualified adult or qualified child.
227.
Supplementary welfare allowance granted to persons in receipt of long-term payments.
228.
Payment of increase for qualified child where child becomes entitled to payment in his or her own right.
229.
State pension (non-contributory) — qualified child.
230.
Rounding.
231.
Saver.
CHAPTER 6 Household Budgeting
232.
Definitions.
233.
Household budgeting.
CHAPTER 7 Island Allowance
234.
Island allowance.
CHAPTER 8 Widowed Parent Grant
235.
Widowed parent grant.
PART 8 Control Provisions
236.
Interpretation.
237.
Provision of information — interpretation.
238.
Provision of information — institution of education, institution of higher education or centre of education.
239.
Provision of information — nursing homes.
240.
Persons required to keep records.
241.
Records to be maintained.
PART 9 Overpayments
242.
Provision of information on overpayments.
243.
Means of recovery of overpayment.
244.
Determining the method of recovery.
245.
Recovery of overpayment by means of deduction from social welfare payment.
246.
Reduction or cancellation of sum to be repaid.
247.
Proceedings for recovery of overpayment.
248.
Obligations of personal representatives.
249.
Decisions as to the application of this chapter.
PART 10 Liable Relatives
250.
Definitions.
251.
Calculation of amount due.
252.
Saver.
253.
Amount to be paid.
254.
Transfer of maintenance.
255.
Prescribed time for furnishing information.
SCHEDULE 1 Rates of increases for qualified adult payable with Illness Benefit, Jobseeker’s Benefit, Injury Benefit, Incapacity Supplement, Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance or Farm Assist
SCHEDULE 2 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has attained pensionable age
SCHEDULE 3 Rates of tapered qualified adult allowance payable with rates of State Pension (Contributory) and State Pension (Transition) where the qualified adult has not attained pensionable age
SCHEDULE 4 Rates of increases for Qualified Adult payable with Invalidity Pension
SCHEDULE 5 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
SCHEDULE 6 Reduced rates of Illness Benefit, Health and Safety Benefit and Jobseeker’s Benefit
SCHEDULE 7 Rates of increases for Qualified Adult, payable with reduced rates of Illness Benefit and Jobseeker’s Benefit
SCHEDULE 8 Reduced rates of State Pension (Contributory) where contribution conditions are partially satisfied and increases for qualified adult
SCHEDULE 9 Rates of tapered qualified adult allowance payable with State Pension (Contributory) and State Pension (Transition) where beneficiary was entitled to or in receipt of a qualified adult allowance on 5 April 2001
SCHEDULE 10 Reduced rates of State Pension (Transition) where contribution conditions are partially satisfied
SCHEDULE 11 Reduced rates of Widow's (Contributory) Pension, Widower's (Contributory) Pension and Deserted Wife's Benefit where contribution conditions are partially satisfied
SCHEDULE 12 Deserted Wife's — Benefit effect of income limit
SCHEDULE 13 Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is under 66
SCHEDULE 14 Deserted Wife's Benefit — reduced rates payable where contribution conditions are partially satisfied and effect of income limit where claimant is over 66
SCHEDULE 15 Extension of period for payment of claims made more than 12 months after the due date
SCHEDULE 16 Island Allowance
SCHEDULE 17 Revocations
S.I. No. 142 of 2007
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th April, 2007.
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 2 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)), 3 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 40, 41, 43, 44, 46 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 47 (as amended by section 7 of the Social Welfare Act 2005 (No. 30 of 2005)), 49 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 50, 53, 56, 58 (as amended by section 8 of the Social Welfare Act 2005 ), 60 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 61, 62 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 64, 66, 67, 68, 76 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 99, 100, 104, 107, 108 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 109 (as amended by sections 4, 10 and 37 and Schedules 1 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 114 (as amended by sections 4 and 13 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 115 (as amended by sections 4 and 14 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 118, 119 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 125, 137 (as amended by section 18 of the Social Welfare Law Reform and Pensions Act 2006 ), 138, 141 (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 142, 143, 148 (all amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 149 (as amended by section 15 of the Social Welfare Law Reform and Pensions Act 2006 ), 151, 173 (as amended by sections 22 and 27 of the Social Welfare Law Reform and Pensions Act 2006 ), 177, 178A (inserted by section 10 of the Social Welfare Act 2005 ), 179 (amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 180, 185, 186 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 210, 212, 219 (as amended by section 37 and Schedule 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 220, 224, 225 (as amended by sections 4 and 30 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 226, 229, 230, 232, 238, 241 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 242, 243, 244 (as amended by sections 4, 17 and 29 and Schedules 1, 3 and 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 247 (amended by sections 4 and 32 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 248 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 249 (as amended by sections 4 and 17 and Schedules 1 and 3 of the Social Welfare Law Reform and Pensions Act 2006 ), 250 (as amended by sections 29 and 37 and Schedules 6 and 7 of the Social Welfare Law Reform and Pensions Act 2006 ), 251 (amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 253, 254, 255, 260, 266, 267, 269, 279, 290, 296, 297, 300 (amended by sections 4, 11, 12 and 29 and Schedules 1 and 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 330, 334 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 341 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 342 (as amended by section 29 and Schedule 6 of the Social Welfare Law Reform and Pensions Act 2006 ), 346, 358 and 363, Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vi), 1(2)(b)(viii), 1(3), 1(5), 1(6) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(7) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ), 1(8), 1(10) (as amended by section 4 and Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 ) and 2 of Part 2, Rules 1(1), 1(2), 1(2)(b)(i), 1(2)(b)(vi) and 3(1) (all substituted by section 24 and Schedule 4 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 3 and Rules 1(1), 1(2), 1(2)(b)(ii), 1(2)(b)(vii), 1(2)(b)(x), 1(4)(a), 1(5), 3(1) and 4(3) (all inserted by section 25 and Schedule 5 of the Social Welfare Law Reform and Pensions Act 2006 ) of Part 5 and reference 19 of Table 2 to Schedule 3 of the Social Welfare Consolidation Act 2005 and after consultation with An Post, hereby makes the following Regulations:
PART 1 Preliminary
Citation
These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control Provisions) Regulations 2007.
Commencement
These Regulations come into operation on 29 March 2007.
Definitions
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;
“adopting parent” has the meaning assigned to it in section 58(1);
“court” means a court to which either the Courts of Justice Acts 1924 to 1961, or the Courts (Supplemental Provisions) Acts 1961 to 2000 applies;
“Department” means the Department of Social and Family Affairs;
“Executive” means the Health Service Executive;
“governing contribution year” means the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;
“health insurance contract” and “premium” have the meaning assigned to them in Section 2 of the Health Insurance Act 1994 (No. 16 of 1994);
“housing costs” means, for the purposes of one-parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing;
“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 and Science or the Higher Education and Training Awards Council 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 47(5);
“Member State” means a Member State of the European Communities;
“Minister” means the Minster for Social and Family Affairs;
“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 1980, 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 in article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 );
“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 Act of 1973” means the Social Welfare Act 1973 (No. 10 of 1973);
“the Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994);
“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
“the Regulations of 1996” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 );
“the Widows’ and Orphans’ Pensions Acts” means the Widows’ and Orphans’ Pensions Acts 1935 to 1952;
“Trade Union” has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997 .
Interpretation
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.
Revocations
The Regulations specified in column (2) of Schedule 17 are hereby revoked to the extent specified in column (3) of the said Schedule.
Persons specified to be qualified adults
A spouse who is wholly or mainly maintained by a person is hereby specified, subject to sections 187 and 297, to be a qualified adult in relation to that person, for the purposes of the Principal Act where the spouse is—
- (a) in employment or self-employment, or
- (b) entitled to or in receipt of disablement benefit under section 75, death benefit under section 83, guardian’s payment (contributory), guardian’s payment (non-contributory) and to no other benefit or assistance (other than supplementary welfare allowance).
Income limit — qualified adult
(1) A person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
- (2) A person, being one of a married couple who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse where that spouse is not cohabiting with another person as husband and wife and that spouse’s weekly income, calculated or estimated in accordance with article 8, does not exceed €100 and the first-mentioned person is contributing towards the maintenance of his or her spouse by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.
- (3) A person, being—
- (a) a single person,
- (b) a widow,
- (c) a widower, or
- (d) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person’s spouse,
shall be regarded as wholly or mainly maintaining another person where that other person, being over the age of 16 years and having the care of one or more than one qualified child of the first-mentioned person, resides with the first-mentioned person and his or her weekly income, calculated or estimated in accordance with article 8, does not exceed €100.
- (4) In sub-article (1)—
“couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife;
“spouse” means each person of a couple in relation to the other.
Calculation of income limit
(1) For the purposes of article 7, weekly income shall, subject to this article, 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 property (other than property referred to in paragraph (d)) which is invested or otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, by reference to the weekly value of the property, calculated as follows—
- (i) the first €20,000 of the capital value of the property shall be excluded,
- (ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,
- (iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000,
- (iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,
- (d) insofar as it consists of income from any other source (including rent or any other periodical payment receivable for the possession and use of property in all lands, tenements and hereditaments), by reference to the normal weekly amount of such income.
- (2) In calculating or estimating the weekly income under sub-article (1), any sums received by way of disablement benefit under section 75, death benefit under section 83, child benefit, guardian’s payment (contributory), guardian’s payment (non-contributory) under the Principal Act, sums received by way of assistance in the maintenance at home of disabled children under section 61 of the Health Act 1970 (No. 1 of 1970) and known as domiciliary care allowance or sums received by way of payment from the Executive in respect of a child who is boarded out shall be disregarded.
- (3) In calculating or estimating the weekly income under sub-article (1), any sums received from compensation awarded—
- (a) by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products,
- (b) by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 (No.13 of 2002),
- (c) to persons who have disabilities caused by Thalidomide, or
- (d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person (within the meaning of that Act),
shall be disregarded.
- (4) A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article (1) would not suffice in determining the amount of weekly income, may for the purposes of this article have regard to such other period which appears to the officer to be appropriate for that purpose.
Reduced rate qualified adult increase
Where a claimant or beneficiary of illness benefit, jobseeker’s benefit, injury benefit, or incapacity supplement under Part 2, jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist under Part 3, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 1, there shall be an increase in benefit, allowance, assistance or supplement, as the case may be, payable at the weekly rate shown opposite that group of amounts in column (2) of the said Schedule.
Reduced rate qualified adult increase— State pensions
Subject to articles 62(3) and 65(2), where a claimant or beneficiary of State pension (contributory) or State pension (transition) under Part 2, would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse’s weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedules 2 or 3, there shall be an increase in pension payable—
- (a) in the case of a person to whom section 109(18), 109(19) or 113 applies, and whose spouse has not attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule 3,
- (b) in the case of any other claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule 3,
- (c) in the case of a person to whom section 109(18), 109(19) or 113 applies, and whose spouse has attained pensionable age, at half the weekly rate shown opposite that group of amounts in column (2) of Schedule 2, or
- (d) in the case of any other claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (2) of Schedule 2.
Reduced rate qualified adult increase — invalidity pension
Where a claimant or beneficiary of invalidity pension under Part 2 would be entitled to an increase in respect of his or her spouse but for the fact that the spouse’s weekly income, calculated or estimated in accordance with article 8, exceeds the limit prescribed in article 7, and the said spouse's weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 4, there shall be an increase in pension payable—
- (a) in the case of a claimant or beneficiary whose spouse has not attained pensionable age, at the weekly rate shown opposite that group of amounts specified in column (2) of Schedule 4, or
- (b) in the case of a claimant or beneficiary whose spouse has attained pensionable age, at the weekly rate shown opposite that group of amounts in column (3) of Schedule 4.
Spouse income limit — qualified child increase
The weekly income prescribed for the purposes of section 43(4), 56(4), 66(4) or 76(4), as calculated or estimated in accordance with article 8 shall be €400.
Normal residence of qualified child
(1) In this article—
“benefit” or “assistance” means any such payments under Parts 2 or 3 (other than guardian’s payment (contributory), death benefit by way of orphan’s pension, guardian’s payment (non-contributory), one-parent family payment or supplementary welfare allowance);
“parent” means a parent or step-parent.
- (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 or her 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 that, 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.
Persons regarded as receiving full-time education
(1) Subject to sub-articles (2), (3) (4) and (5), for the purposes of section 2(3), a person shall be regarded as receiving full-time education while he or she is 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 1 May and 30 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 and Science for the Leaving Certificate Examination of the State Examinations Commission, and terminates his or her 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 22 years.
- (6) Subject to sub-articles (7) and (8), for the purposes of section 2(6), a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education while he or she is attending a full-time day course of study, instruction or training at an institution of education other than a course of study, training or instruction referred to in paragraphs (a) to (e) of sub-article (2).
- (7) For the purposes of sub-article (6) a person shall be regarded as continuing to attend a full-time day course of study, instruction or training at an institution of education for periods immediately following the completion by that person of part of a cycle of second level education, where such part finishes on any date between 1 May and 30 June, up to and including the next following 1 September, except where a person completes the final part of a cycle of second level education or where that person terminates second level education.
- (8) For the purposes of sub-article (7) “cycle of second level education” means a cycle of education approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission.
Persons regarded as available for employment
(1) Subject to sub-article (2), a person shall, for the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, be regarded as being available for employment, if he or she can show to the satisfaction of the Minister, that he or she is willing and able, at once, to take up an offer of suitable full-time employment.
- (2) A person shall not be regarded as being available for employment if he or she imposes unreasonable restrictions on—
- (a) the nature of the employment,
- (b) the hours of work,
- (c) the rate of remuneration,
- (d) the duration of the employment,
- (e) the location of the employment, or
- (f) other conditions of employment
he or she is prepared to accept.
- (3) In determining what constitutes suitable full-time employment for the purposes of sub-article (1), regard shall be had to the following—
- (a) the skills, qualifications and experience of the person concerned,
- (b) the period for which the person has been unemployed, and
- (c) the availability of employment vacancies within travelling distance of his or her residence.
Persons regarded as genuinely seeking employment
(1) For the purposes of Chapter 12 of Part 2 and Chapter 2 of Part 3, a person shall be regarded as genuinely seeking employment if he or she can show, to the satisfaction of the Minister, that he or she has, in the relevant period, taken reasonable steps which offer him or her the best prospects of obtaining employment.
- (2) For the purpose of sub-article (1) “steps” shall include—
- (a) applications for employment made to persons—
- (i) who have advertised the availability of employment, or
- (ii) who appear to be in a position to offer employment,
- (b) seeking information on the availability of employment from—
- (i) employers,
- (ii) advertisements,
- (iii) persons who have placed advertisements which indicate that employment is available, or
- (iv) employment agencies,
- (c) availing of reasonable opportunities for training which is suitable in his or her circumstances,
- (d) acting on advice given by an officer of the Minister, An Foras Áiseanna Saothair or other placement service concerning the availability of employment, and
- (e) taking steps towards establishing himself or herself in self-employment.
- (3) For the purpose of this article, the taking of one step on a single occasion during the relevant period shall not be sufficient unless taking that step on that occasion, in that period, is all that is reasonable for the person concerned to do.
- (4) In determining for the purposes of this article whether, in a relevant period, a person has taken the steps which are reasonable in his or her case, regard shall be had to his or her circumstances, including in particular—
- (a) his or her skills, qualifications and experience,
- (b) the steps which he or she has taken previously to seek employment,
- (c) the availability and location of vacancies for employment,
- (d) the duration of his or her period of unemployment, and
- (e) his or her family circumstances.
- (5) For the purposes of this article, “relevant period” means the period in respect of which the person concerned has made a declaration in accordance with articles 52 and 118.
Expenses
The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine, which are incurred by a person who is required to attend for medical or other examination under—
- (a) article 24(2),
- (b) article 34(1),
- (c) article 58(1),
- (d) article 78(1),
- (e) article 135(1), or
- (f) article 171(1).
Conversion of contributions paid under National Health Insurance Acts
In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 61(2) or article 69(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.
Qualified child increase — linked claims
(1) Subject to sub-article (2), for the purposes of section 2(3)(b)(ii), (iii), (iv) and (v), any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant’s last relevant payment.
- (2) Periods referred to in sub-article (1) during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.
- (3) In this article “relevant payment” has the meaning assigned to it by section 2(4).
PART 2 Social Insurance Payments
CHAPTER 1 Illness Benefit
Persons deemed to be incapable of work
(1) For the purposes of Chapter 8 of Part 2, 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 or she 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 or she should abstain from work and he or she does not work, or
- (b) he or she 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 or she 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.
Days not to be treated as days of incapacity for work
For the purposes of Chapter 8 of Part 2, 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 or she is incapable of work, or
- (b) is being paid by her employer in respect of health and safety leave in accordance with section 18(4) of the Act of 1994, or
- (c) does any work other than work of the nature specified in articles 24(3) and (4).
Night workers
(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 8 of Part 2, 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 or she shall be regarded as being employed only on the first day, or
- (b) in any other case, he or she 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 8 of Part 2, 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 8 of Part 2, be deemed to be so incapable of work throughout the first of those 2 days.
Special provision relating to delay or failure in claiming
Notwithstanding anything contained in article 21, a person who, in respect of any period of interruption of employment, would have been entitled to illness benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall for the purposes of section 44 be treated as having been entitled to illness benefit for that day, but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to illness benefit for that day, to avoid the necessity of re-qualifying for benefit under the said section.
Disqualifications
(1) A person shall be disqualified for receiving illness benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she—
- (a) has become incapable of work through his or her own misconduct,
- (b) fails without good cause to attend for, or to submit himself or herself to, medical or other examination in accordance with sub-article (2),
- (c) fails without good cause to—
- (i) comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or to whom he or she attended for medical or other examination,
- (ii) refrain from behaviour which is likely to hinder his or her recovery,
- (iii) see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his or her claim.
- (2)
- (a) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to illness benefit to submit himself or herself 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 or herself to such examination.
- (3) A person may, with the prior written permission of an officer of the Minister, for a specified period of time undertake the following types of work or training—
- (a) having become incapable of following his or her normal occupation, he or she is undergoing a course of training with a view to taking up some other occupation,
- (b) he or she is engaged in part-time work in the nature of rehabilitation or occupational therapy.
- (4) A person may engage in the following limited work without prior written permission or specified period of time—
- (a) light work for which no remuneration is, or would normally be, payable,
- (b) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,
- (c) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.
Reckoning of periods of interruption of employment
For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a person is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work.
Qualifying conditions — illness benefit
(1) For the purposes of section 41(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 illness 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) in the case of a claim where—
- (i) the period of interruption of employment commenced before 29 December 2003, the prescribed amount shall be €88.87, and
- (ii) the period of interruption of employment commenced on or after 29 December 2003, the prescribed amount shall be €149.99.
- (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 €32.00, as calculated in accordance with sub-article (1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.
- (3) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of illness benefit or jobseeker’s benefit in respect of any day in the 13 week period preceding 4 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 illness benefit payable below that to which he or she was previously entitled.
Partial satisfaction of conditions for illness benefit
Where a claimant would be entitled to illness benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 26(1)(c), the following provisions shall apply—
- (a) where, in the case of a claim to illness benefit where the period of interruption of employment commenced before 29 December 2003, 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 5, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
- (b) where, in the case of a claim to illness benefit where the period of interruption of employment commenced on or after 29 December 2003, 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 6, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,
- (c) (i) any increase of illness benefit payable under section 43(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said Schedules 5 or 6 as the case may be, and
- (ii) any increase of illness benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and
- (d) any increase of illness benefit in respect of a qualified child, payable under section 43(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.
Contribution conditions — illness benefit
Where a claimant would be entitled to illness benefit but for the fact that he or she does not satisfy the requirement contained in section 41(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he or she shall be entitled to benefit if he or she—
- (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 illness benefit in receipt of jobseeker’s allowance and was a person to whom section 142(1)(a) applied, or
- (c) was immediately before claiming illness benefit in receipt of—
- (i) pre-retirement allowance, or
- (ii) invalidity pension, or
- (d) was, immediately before claiming illness benefit—
- (i) in receipt of carer’s benefit or carer’s allowance,
- (ii) a prescribed relative within the meaning of section 179 and in respect of whom an allowance is payable,
- (iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance.
CHAPTER 2 Maternity Benefit
Expected week of confinement and duration of maternity benefit in certain cases
(1) The expected week of confinement to be specified in any certificate pursuant to section 47(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 47(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 35, be payable for such 24 week period as may be determined by a deciding officer.
Postponement of maternity benefit in event of hospitalisation of child
(1) Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to the postponement of maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Act of 1994.
- (2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed maternity leave under the provisions of sections 14B or 16B of the Act of 1994.
- (3) For the purposes of sub-article (2), upon resumption of the period of entitlement to maternity leave, maternity benefit shall be paid—
- (a) in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and
- (b) for the duration of the remaining period of maternity benefit to which that person is entitled, subject to a maximum of 12 weeks.
- (4) The maximum period for which maternity benefit may be postponed under the provisions of this article is 6 months.
Volunteer development workers — qualifying conditions
(1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to maternity benefit where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.
- (b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.
- (2)
- (a) Subject to paragraph (b), 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 the person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.
- (b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.
Determination of income tax year and prescribed weekly amount for purposes of maternity benefit
(1) The income tax year prescribed for the purposes of section 49 shall be the second 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 49(1)(c) shall be €207.80.
Calculation of reckonable weekly earnings
For the purposes of section 49(2), the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of a woman in any income tax year shall be calculated as her total reckonable earnings, reckonable emoluments and reckonable income for that income tax year, divided by the number of employment contributions and self-employment contributions in the said income tax year, up to a maximum of €350.
Medical examination to determining validity of certificate
(1) Where any question arises as to the validity 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.
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