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S.I. No. 142/2007 - Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

Type Statutory Instrument

Publication 2007-04-06

Last updated 2026-06-12

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 262

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…

Reform history JSON API

(2) Notice of the time and place of the medical examination referred to in sub-article (1) shall also be sent to the registered medical practitioner (if any) who is attending the woman required to submit herself to such examination.

Disqualifications

35.

(1) Subject to sub-article (2), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person engages in any occupation other than domestic duties in that person’s own household.

(2) A disqualification referred to in sub-article (1) shall—

(a) commence not earlier than the first day on which the person engages in any occupation other than domestic duties in that person’s own household,

(b) not apply for the day on which the confinement occurs where a person engages in such occupation before the confinement, and

(3) Subject to sub-article (4), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person fails without good cause to attend for or to submit herself to medical examination in accordance with article 34(1).

(4) A disqualification referred to in sub-article (3) shall—

(a) commence not earlier than the day on which the failure occurs,

(b) not apply for the day on which the confinement occurs in the event of the person being confined after such failure, and

(c) cease, for any day after the confinement where the person submits herself to medical examination in accordance with article 34(1).

CHAPTER 3 Health and Safety Benefit

Qualifying conditions for benefit

36.

(1) For the purposes of section 53(1)(b)—

(a) the prescribed period shall be the second last complete contribution year before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed,

(b) subject to sub-article (2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period, and

(i) the period of health and safety leave commenced before 29 December 2003, the prescribed amount shall be €88.87, and

(ii) the period of health and safety leave commenced on or after 29 December 2003, the prescribed amount shall be €149.99.

(2) In the case of a claimant whose reckonable earnings, if any, are less than €32.00, as calculated in accordance with sub-article (1), she shall be deemed to have reckonable weekly earnings of €32.00.

Partial satisfaction of conditions for benefit

37.

Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed the amount prescribed in article 36(1)(c), the following provisions shall apply—

(a) in the case of a claim to health and safety benefit where the period of health and safety leave commenced before 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 5 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b) in the case of a claim to health and safety benefit where the period of health and safety leave commenced on or after 29 December 2003 and the reckonable weekly earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 6 there shall be entitlement to health and safety benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(c) any increase of health and safety benefit in respect of a qualified adult, payable under section 56(1) 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

(d) any increase of health and safety benefit in respect of a qualified child, payable under section 56(2) shall be the same as if the condition regarding reckonable weekly earnings had been fully satisfied.

CHAPTER 4 Adoptive Benefit

Definitions

38.

In this Chapter “relevant day” has the meaning assigned to it by section 59(2).

Volunteer development workers — qualifying conditions

39.

(1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 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 relevant day.

(2)
(a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that 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 59 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 relevant day.

Determination of income tax year and prescribed weekly amount

40.

(1) The income tax year prescribed for the purposes of section 60 shall be the second last complete income tax year before the beginning of the benefit year in which the relevant day occurs.

(2) The amount prescribed for the purposes of section 60(1)(c) shall be the amount specified in article 32(2).

Calculation of reckonable weekly earnings

41.

For the purposes of section 60(2) the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of an adopting parent in any income tax year shall be calculated as that parent’s total reckonable earnings, reckonable emoluments and reckonable income for that income tax year divided by the number of employment contributions or self-employment contributions in the said income tax year, up to the amount specified in article 33.

Disqualifications

42.

(1) Subject to sub-article (2), an adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.

(2) A disqualification referred to in sub-article (1) shall not commence earlier than the first day on which the adopting parent engages in any occupation other than domestic activities in that parent's own household.

Postponement of adoptive benefit during hospitalisation of child

43.

(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 adoptive 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 adoptive leave under the provisions of section 11C (as inserted by section 9 of the Adoptive Leave Act 2005 (No. 25 of 2005)) of the Adoptive Leave Act 1995 .

(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 adoptive 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 adoptive leave under the provisions of section 11C of the Adoptive Leave Act 1995 .

(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to adoptive leave, adoptive 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 adoptive benefit to which that person is entitled.

CHAPTER 5 Jobseeker’s Benefit

Days not to be treated as days of unemployment

44.

(1) For the purposes of Chapter 12 of Part 2, a day shall not be treated as a day of unemployment if it is a day in respect of which a person—

(a) fails to prove to the satisfaction of the Minister that he or she is unemployed, capable of work and available for employment, or

(b) follows any occupation from which he or she derives any remuneration or profit, unless such occupation could ordinarily have been followed by him or her in addition to his or her usual employment and outside the ordinary working hours of that employment and either—

(i) the remuneration or profit therefrom for any such day does not exceed €12.70, or, where the remuneration or profit is in respect of a period longer than a day, such remuneration or profit does not on the daily average exceed that amount, or

(ii) not less than 117 employment contributions have been paid in respect of him or her in respect of either the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day.

(2) Where the provisions of sub-paragraph (1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.

(3) For the purposes of Chapter 12 of Part 2 and notwithstanding the provisions of sub-article (1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day.

Night workers

45.

(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 jobseeker’s benefit, as being, by virtue of such employment, employed—

(a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or

(b) in any other case, he or she shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

(2) Where by virtue of the provisions of sub-article (1), a person—

(a) is to be treated as having been employed on 1 day only of 2 days, and

(b) throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment,

that person shall, for the purposes of Chapter 12 of Part 2, be deemed to be so available for employment, throughout that other of those 2 days.

Special provision relating to delay or failure in claiming

46.

Notwithstanding anything contained in article 44, a person who, in respect of any period of interruption of employment, would have been entitled to jobseeker’s 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 67 be treated as having been entitled to jobseeker’s 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 jobseeker’s benefit for that day, to avoid the necessity of requalifying for jobseeker’s benefit under the said section.

Qualifying conditions — jobseeker’s benefit

47.

(1) For the purposes of section 64(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 jobseeker’s 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

(i) the period of interruption of employment commenced before 25 December 2003, the prescribed amount shall be €88.87, and

(ii) the period of interruption of employment commenced on or after 25 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 jobseeker’s benefit or illness 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 jobseeker’s benefit payable below that to which he or she was previously entitled.

Partial satisfaction of conditions for jobseeker’s benefit

48.

Where a claimant would be entitled to jobseeker’s 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 jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in sub-article 47(1)(c), the following provisions shall apply—

(a) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced before 25 December 2003 and 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 jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced on or after 25 December 2003 and 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 jobseeker’s 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 jobseeker’s benefit payable under section 66(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 jobseeker’s 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 jobseeker’s benefit in respect of a qualified child, payable under section 66(2), shall be the same as if the condition as to the reckonable weekly earnings or reckonable weekly income had been fully satisfied.

Substantial loss of employment

49.

Where a claimant’s reckonable earnings or reckonable income are reduced as a consequence of the loss of employment a claimant shall be regarded, for the purposes of section 62(1)(d), as having sustained a substantial loss of employment in any period of 6 consecutive days as an officer of the Minister may determine, where he or she has lost 1 day of insurable employment.

Disqualification

50.

The amount prescribed for the purposes of section 68(6)(e) shall be €50,000.

Casual employment

51.

(1) A person shall be regarded, for the purposes of section 62(1)(d), as being engaged in casual employment where—

(a) he or she is normally employed for periods of less than a week,

(b) the number of days and the days of the week on which he or she is employed in each period varies with the level of activity in the employer’s business, and

(c) on the termination of each period of employment he or she has no assurance of being re-employed with the same employer.

(2) In determining, for the purposes of sub-article (1), whether a person is engaged in casual employment account shall be taken of his or her employment in the 6 months immediately preceding the first day of his or her claim for jobseeker’s benefit.

(3) Where a deciding officer or appeals officer considers that the period referred to in sub-article (2) is not appropriate to determine whether a person is engaged in casual employment, he or she may have regard to such other period which appears to him or her to be appropriate for that purpose.

Prescribed manner for proving unemployment

52.

A person shall prove unemployment for the purposes of section 62(1)(b) by attending at a local office at such time as an officer of the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that—

(a) he or she has been continuously unemployed since the date of his or her claim for jobseeker’s benefit, or

(b) he or she has been unemployed or expects to be unemployed during each day in respect of which jobseeker’s benefit is claimed.

CHAPTER 6 Carer’s Benefit

Interpretation

53.

In this Chapter—

“carer” has the meaning assigned to it by section 99;

“institution” means—

(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto and any other similar establishment providing residence, maintenance or care for the persons therein, or

(b) a private dwelling wherein a person is boarded out under an arrangement with the Executive;

“relevant person” has the meaning assigned to it by section 99.

Conditions to be satisfied by non-resident carer

54.

(1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (b) of the definition of “carer” contained in section 99(1) are that—

(a) a direct system of communication must exist between the carer’s residence and that of the relevant person, and

(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.

(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.

Prescribed manner for certification of disability

55.

The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person’s disability shall be in the form for the time being approved by the Minister.

Circumstances in which carer is to be regarded as providing full-time care and attention

56.

A carer may, for the purposes of Chapter 14 of Part 2, continue to be regarded as providing full-time care and attention to a relevant person where that carer—

(a) would qualify for payment of benefit but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or

(b) the relevant person is attending—

(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or

(ii) a non-residential place of day care approved by the Minister for Health and Children.

Conditions and circumstances under which a carer may engage in employment, self-employment, training and education

57.

(1) Subject to sub-article (2), where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may—

(a) engage, subject to sub-article (3), in employment, or

(b) engage, subject to sub-article (4), in self-employment, or

(2) The aggregate duration of the activities outside the home referred to in paragraphs (a), (b) and (c) of sub-article (1) shall not exceed 15 hours per week.

(3) The earnings derived from employment outside the home under paragraph (a) of sub-article (1) and calculated in accordance with sub-article (5) shall not exceed €290 per week.

(4) The conditions for the purposes of paragraph (b) of sub-article (1) are that the amount of gross income derived from such self-employment, outside the home, reduced by any expenses necessarily incurred, does not exceed €290 per week.

(5) For the purposes of sub-article (3) the earnings shall be calculated as the gross earnings reduced by the aggregate of—

(a) any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ),

(b) any income tax payable under the provisions of the Income Tax Acts as defined in section 1 of the Taxes Consolidation Act 1997 (No. 39 of 1997),

(d) any contributions payable under section 5 of the Health Contributions Act 1979 (No. 4 of 1979),

(e) any payment to a Trade Union,

(f) any health insurance contract premium.

Medical examination and disqualification

58.

(1) An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.

(2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.

(3) Subject to sub-article (4), a carer shall be disqualified for receiving carer’s benefit if and for so long as the person in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or submit to the medical examination in accordance with this article.

(4) A disqualification referred to in sub-article (3) shall not commence earlier than the day on which the failure to attend for or submit to the medical examination occurs.

CHAPTER 7 State Pension (Contributory)

Interpretation

59.

In this Chapter—

“entry into insurance” in the case of a relevant person has the meaning assigned to it by section 108(5);

“relevant period” means the period over which the yearly average of contributions is calculated for State pension (contributory) purposes in accordance with section 108(2);

“relevant person” has the meaning assigned to it by section 108(4);

“yearly average” and “alternative yearly average” have the meanings assigned to them by section 108(2).

Conditions to be satisfied by non-resident homemaker

60.

(1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (c)(iii) of the definition of “homemaker” contained in section 108(2) are that—

(a) a direct system of communication must exist between the homemaker's residence and that of the relevant person, and

(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant.

(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.

(3) For the purposes of this article “relevant person” has the meaning given to it by section 179.

Reckoning of contributions under National Health Insurance Acts

61.

(1) Notwithstanding section 108(4), a person who—

(a) had not attained the age of 60 years before 5 January 1953, and

(b) had not entered into insurance before attaining that age,

shall be deemed to satisfy the condition for State pension (contributory) contained in section 109(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 109(1)(c) shall be calculated in accordance with sub-article (3).

(2) Notwithstanding section 108(5), for the purpose of satisfying the contribution condition for State pension (contributory) contained in section 109(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18 be taken into account, but, in any such case, the yearly average for the purposes of section 109(1)(c) shall be calculated in accordance with sub-article (3).

(3) The yearly average, in the case of a person to whom sub-article (1) or (2) applies, shall be the average per contribution year of contribution weeks in respect of which that person has qualifying contributions, voluntary contributions or credited contributions reckonable for State pension (contributory) purposes in the period commencing—

(a) on 5 January 1953, in case the claimant is a man, or

(b) on 6 July 1953, in case the claimant is a woman,

and ending at the end of the last complete contribution year before the date of the claimant's attaining pensionable age.

Partial satisfaction of contribution conditions for State pension (contributory)

62.

(1) Subject to sub-article (2), where a person would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension at a rate determined in accordance with sub-articles (3), (4) and (6).

(2) Sub-article (1) shall apply in the case of a person—

(a) who has a yearly average of not less than 10, and

(b) where he or she has a yearly average of less than 20, he or she has qualifying contributions in respect of not less than 260 contribution weeks since entry into insurance.

(3) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 8 the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

(4) Subject to sub-article (5), in the case of a person to whom sub-article (3) applies, any increase payable under section 112(1) shall be payable—

(a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule 8, and

(b) in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of the said Schedule 8.

(5) In the case of a person to whom section 109(10) applies, the minimum rate of increase payable in accordance with sub-article (4) shall be—

(a) €129.80 where his or her spouse is over the age of 66 years, and

(b) €113.10 where his or her spouse is under the age of 66 years.

(6) Subject to sub-article (7), in the case of a person to whom sub-article (3) applies, any increase payable in accordance with section 297 shall be payable—

(a) where his or her spouse has attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 2, at the weekly rate shown opposite that amount—

(i) in column (3) where the yearly average of the claimant or beneficiary is 20-47,

(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iv) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and

(b) where his or her spouse has not attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 3, at the weekly rate shown opposite that amount—

(i) in column (3) where the yearly average of the claimant or beneficiary is 20-47,

(ii) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(iii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iv) in column (6) where the yearly average of the claimant or beneficiary is 5-9.

(7) In the case of a person to whom section 109(10) applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 9 the rate payable shall be that shown in—

(a) column (2) of Schedule 9 where his or her spouse has attained pensionable age, and

(b) column (3) of Schedule 9 where his or her spouse has not attained pensionable age.

Entitlement to pro-rata State pension (contributory)

63.

In the case of a relevant person who—

(a) would, but for the fact that the contribution condition set out in section 109(1)(c) is not satisfied, be entitled to State pension (contributory),

(b) is not entitled to pension under article 62,

(c) is not in receipt of an State pension (contributory) by virtue of article 65, Regulation (EEC) 1408/71 ¹ of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and

(d) had periods in which he or she had been—

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in articles 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid, and

(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom—

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of or credited to him or her, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of him or her,

since—

(A) 5 January 1953, as respects a man,

(B) 6 July 1953, as respect a woman, or

whichever is the later,

he or she shall be entitled to a State pension (contributory) at the rate calculated in accordance with article 64.

Calculation of rate of pro-rata State pension (contributory)

64.

(1) The rate of State pension (contributory) payable to a relevant person referred to in article 63 shall be calculated in accordance with the formula—

A X B

where—

A is the rate of State pension (contributory) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (contributory) purposes,

B is the number of—

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

(ii) self-employment contributions paid by him or her, and

(iii) voluntary contributions paid by him or her,

during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), and

C is the total number of—

(i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12(1)(b) only) paid in respect of or credited to the relevant person,

(ii) all of the self-employment contributions paid by him or her, and

(iii) all of the voluntary contributions paid by him or her,

during the relevant period.

(2) Notwithstanding sub-article (1), any increase payable under section 112(2), (4), (5) or (6) shall be the same as if the contribution condition set out in section 109(1)(c) had been fully satisfied.

Special partial State pension (contributory)

65.

(1) In the case of a person who became an employed contributor paying employment contributions reckonable for the purposes of entitlement to State pension (contributory) at the time of and as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and who would be entitled to State pension (contributory) but for the fact that the relevant yearly average contribution condition is not satisfied and that person is not entitled to State pension (contributory) under article 62 he or she shall, where the person has a yearly average of not less than 5, be entitled to State pension (contributory) at a rate determined in accordance with sub-articles (2), (3) and (5).

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 8, fractions of whole numbers being disregarded, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule.

(3) Subject to sub-article (4), in the case of a person to whom sub-article (2) applies, any increase payable under section 112(1) shall be payable—

(a) where his or her spouse has not attained the age of 66 years, at the weekly rate shown in column (3) opposite to the amount in column (2) of Schedule 8, and

(b) in any other case, at the weekly rate shown in column (4) opposite to the amount shown in column (2) of Schedule 8.

(4) In the case of a person who, on 5 April 2001 is entitled to or in receipt of a pension in accordance with this article which includes an increase in respect of a qualified adult, the minimum rate of increase payable in accordance with sub-article (3) shall be—

(a) €129.80 where his or her spouse is over the age of 66 years, and

(b) €113.10 where his or her spouse is under the age of 66 years.

(5) Subject to sub-article (6), in the case of a person to whom sub-article (2) applies, any increase payable in accordance with section 297 shall be payable—

(a) where his or her spouse has attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 2, at the weekly rate shown opposite that amount—

(i) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iii) in column (6) where the yearly average of the claimant or beneficiary is 5-9, and

(b) where his or her spouse has not attained the age of 66 years and that spouse’s weekly income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 3, at the weekly rate shown opposite that amount—

(i) in column (4) where the yearly average of the claimant or beneficiary is 15-19,

(ii) in column (5) where the yearly average of the claimant or beneficiary is 10-14, and

(iii) in column (6) where the yearly average of the claimant or beneficiary is 5-9.

(6) In the case of a person to whom section 109(10) applies, where his or her spouse’s income, calculated in accordance with article 8 is an amount specified in column (1) of Schedule 9 the rate payable shall be that shown in—

(a) column (2) of Schedule 9 where his or her spouse has attained pensionable age, and

(b) column (3) of Schedule 9 where his or her spouse has not attained pensionable age.

Calculation of yearly average

66.

In calculating the yearly average or alternative yearly average for State pension (contributory) purposes in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

Saver

67.

The provisions of this Chapter shall not operate so as to disentitle to a State pension (contributory), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (contributory) contained in section 109(1) by virtue solely of his or her insurance under the Principal Act.

CHAPTER 8 State Pension (Transition)

Interpretation

68.

In this Chapter—

“entry into insurance” in the case of a relevant person has the meaning assigned to it by section 114(5);

“relevant period” means the period over which the yearly average of contributions is calculated for State pension (transition) purposes in accordance with section 114(3);

“relevant person” has the meaning assigned to it by section 114(4);

“yearly average” and “alternative yearly average” have the meanings assigned to them by section 114(3).

Reckoning of contributions under National Health Insurance Acts

69.

(1) Notwithstanding section 114(5), a person who—

(a) had not attained the age of 55 years before 5 January 1953, and

(b) had not entered into insurance before attaining that age,

shall be deemed to satisfy the condition for State pension (transition) contained in section 115(1)(a) if contributions as an employed contributor under the National Health Insurance Acts had been paid by or in respect of him or her, but, in any such case, the yearly average for the purposes of section 115(1)(c) shall be calculated in accordance with section 114(3).

(2) Notwithstanding section 114(5), for the purpose of satisfying the contribution condition for State pension (transition) contained in section 115(1)(b), contributions paid by or in respect of an employed contributor under the National Health Insurance Acts shall, subject to article 18, be taken into account, but, in any such case, the yearly average for the purposes of section 115(1)(c) shall be calculated in accordance with section 114(3).

Period of retirement

70.

For the purposes of section 114, a period of retirement shall be—

(a) where the person has attained the age of 65 years and has not yet attained the age of 66 years, any period subsequent to his or her retirement from employment which is insurable employment or insurable self-employment under the Principal Act (other than employment which is insurable for occupational injuries benefit only) during which he or she does not engage in such employment, or

(b) where the person has attained the age of 66 years, any period subsequent to his or her attainment of that age whether he or she is engaged in employment or not.

Partial satisfaction of contribution conditions for State pension (transition)

71.

(1) Where a person would be entitled to State pension (transition) but for the fact that the relevant yearly average contribution conditions are not satisfied, he or she shall be entitled to pension, where the person’s yearly average is not less than 24, at a rate determined in accordance with sub-article (2).

(2) In the case of a person to whom sub-article (1) applies, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 10, the pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 117 shall be the same as if the contribution condition set out in section 115(1)(c) had been fully satisfied.

Entitlement to pro-rata State pension (transition)

72.

In the case of a relevant person who—

(a) would, but for the fact that the contribution condition set out in section 115(1)(c) is not satisfied, be entitled to State pension (transition),

(b) is not entitled to pension under article 71,

(c) is not in receipt of a State pension (transition) by virtue of Regulation (EEC) 1408/71 of the Council of the European Communities or by virtue of a reciprocal agreement under the provisions of section 287, and

(d) had periods in which he or she had been—

(i) employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid, and

(ii) an employed contributor, or a voluntary contributor in respect of whom—

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of or credited to him or her, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of him or her,

since—

(A) 5 January 1953, as respects a man,

(B) 6 July 1953, as respect a woman, or

whichever is the later,

he or she shall be entitled to a State pension (transition) at the rate calculated in accordance with article 73.

Calculation of rate of pro-rata State pension (transition)

73.

(1) The rate of State pension (transition) payable to a relevant person referred to in article 72 shall be calculated in accordance with the formula—

A X B

where—

A is the rate of State pension (transition) which would be payable to the relevant person if all of the contributions specified at C in respect of that person during the relevant period were reckonable for State pension (transition) purposes,

B is the number of—

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

(ii) voluntary contributions paid by him or her,

during the relevant period, which are reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), and

C is the total number of—

(i) all of the employment contributions (other than employment contributions payable by a person who becomes an insured person by virtue of section 12(1)(b) only) paid in respect of or credited to the relevant person,

(ii) all of the self-employment contributions paid by him or her, and

(iii) all of the voluntary contributions paid by him or her,

during the relevant period.

(2) Notwithstanding sub-article (1), any increase payable under section 117(2), (4), (5) or (6) shall be the same as if the contribution condition set out in section 115(1)(c) had been fully satisfied.

Calculation of yearly average

74.

In calculating the yearly average or alternative yearly average for State pension (transition) purposes, in the case of a claim made on or after 13 July 1992, a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

Saver

75.

The provisions of this Chapter shall not operate so as to disentitle to a State pension (transition), or to reduce the rate of such pension payable to, a person who satisfies the contribution conditions for State pension (transition) contained in section 115(1) by virtue solely of his or her insurance under the Principal Act.

CHAPTER 9 Invalidity Pension

Definition of permanently incapable of work

76.

(1) Subject to sub-article (2), for the purposes of section 118, a person shall be regarded as being permanently incapable of work if immediately before the date of claim for the said pension—

(a) he or she has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year, or

(b) he or she is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

(2) Sub-article (1) shall not apply where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that the person is no longer likely to continue to be incapable of work for at least a further year or for life, as the case may be.

Conditions for receipt of invalidity pension

77.

For the purposes of section 119(2)(b), the “relevant date” means any date subsequent to the commencement of a period of incapacity for work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

Disqualification

78.

(1) A person shall be disqualified for receiving invalidity pension if and so long as he or she fails without good cause to—

(a) attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he or she has been given not less than 7 days notice in writing,

(b) obey any instructions, relating to his or her behaviour or any other matter concerning his or her incapacity, of a medical practitioner attending on him or her or whom he or she has attended for medical or other examination in accordance with paragraph (a),

(2) A person in receipt of or entitled to invalidity pension shall not engage in work whether on his or her own account or on account of another person except as permitted under sub-article (3).

(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 permanently incapable of following his or her usual occupation, a course of training with a view to taking up some other occupation,

(b) work in the nature of rehabilitation or occupational therapy,

CHAPTER 10 Widow’s (Contributory) Pension and Widower’s (Contributory) Pension

Interpretation

79.

In this Chapter—

“existing pensions contributor” means any person who at any time was, or was deemed to be or treated as, an insured person under the Widows’ and Orphans’ Pensions Acts;

“pension” means a widow’s (contributory) pension in the case of a widow and a widower’s (contributory) pension in the case of a widower;

“relevant contribution condition” means the contribution condition set out in section 125(1)(b)(ii);

“relevant period” means the period over which the yearly average of contributions per contribution year is calculated for pension purposes in accordance with section 125(1)(b)(ii);

“yearly average” has the meaning assigned to it by section 123.

Partial satisfaction of contribution conditions for widow’s and widower’s pension

80.

(1) Where a person would be entitled to pension but for the fact that the relevant contribution condition is not satisfied the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article (2).

(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.

(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.

Special partial widow’s and widower’s pension

81.

(1) In the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having earlier ceased to be an employed contributor and where there would be entitlement to pension by virtue of the person’s or the person’s spouse’s insurance record but for the fact that the relevant contribution condition is not satisfied and there is no entitlement to pension under article 80, the person shall be entitled to pension, where the person’s yearly average in the relevant period is not less than 5, at a rate determined in accordance with sub-article (2).

(2) In the case of a person to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.

(3) In the case of a person to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, widow’s (contributory) pension or widower’s (contributory) pension shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 127 shall be the same as if the contribution condition set out in section 125(1)(b)(ii) had been fully satisfied.

Reckoning of contributions paid under Widows’ and Orphans’ Acts

82.

(1) In determining whether the contribution condition for pension contained in section 125(1)(a) has been satisfied in respect of an existing pensions contributor—

(a) entry into insurance under the Widows’ and Orphans’ Pensions Acts shall be treated as entry into insurance under the Principal Act, and

(b) every 2 contributions paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contributions paid under the said Act.

(2) For the purposes of section 125(1)(b) and article 80, the following provisions shall have effect in relation to an existing pensions contributor—

(a) in determining whether the contribution condition for pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts since the date of such contributor’s entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows’ and Orphans’ Pensions Act shall be treated as 2 contributions paid or credited under the said Principal Act,

(b) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor’s entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the said Act but in relation to a male existing pensions contributor the period from 2 July 1951 to the 4 January 1953, shall be treated as one contribution year, and

(c) entry into insurance under the Widows’ and Orphans’ Pensions Acts may be treated as entry into insurance under the Principal Act.

Calculation of yearly average

83.

In calculating the yearly average for pension purposes a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

CHAPTER 11 Deserted Wife’s Benefit

Interpretation

84.

In this Chapter—

“deserted wife’s benefit” means a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1);

“relevant period” means the period over which the yearly average of contributions per contribution year is calculated for the purposes of deserted wife’s benefit in accordance with section 178A(2)(b)(ii);

“yearly average” means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions or credited contributions in the appropriate period specified in section 178A(2)(b).

Conditions for receipt of deserted wife’s benefit

85.

A payment under paragraph (a) in the definition of “relevant payment” in section 178(1) shall be made, subject to the following—

(a) a woman who has been deserted by her husband shall make and continue to make appropriate efforts, in the particular circumstances, to obtain maintenance from her husband, and

(b) she and any person shall not cohabit as husband and wife.

Income limit

86.

(1) The amount prescribed for the purposes of section 178A(1)(a) shall be €12,697.38.

(2) The amount prescribed for the purposes of section 178A(1)(c)(i) shall be €17,776.33.

Partial satisfaction of contribution conditions

87.

(1) Subject to article 89, where a woman would be entitled to deserted wife’s benefit but for the fact that the yearly average contribution conditions are not satisfied, she shall be entitled to deserted wife’s benefit, where the yearly average in the relevant period is not less than 24, at a rate determined in accordance with sub-article (2).

(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.

(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.

Special partial payment

88.

(1) Subject to article 89, in the case of a person who became an employed contributor as a consequence of the coming into operation of section 12 of the Act of 1973 having ceased to be an employed contributor and where there would be entitlement to deserted wife’s benefit by virtue of the person’s or the person’s spouse’s social insurance contribution record but for the fact that the relevant contribution condition set out in section 178A(2)(b)(ii) is not satisfied and there is no entitlement to benefit under article 87, she shall be entitled to deserted wife’s benefit, where the yearly average in the relevant period is not less than 5, at a rate determined in accordance with sub-article (2).

(2) In the case of a woman to whom sub-article (1) applies and who has not attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (2) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.

(3) In the case of a woman to whom sub-article (1) applies and who has attained the age of 66 years, where the yearly average is a number included in one of the groups of numbers specified in column (1) of Schedule 11, fractions of whole numbers being disregarded, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that group of numbers in column (3) of the said Schedule, but any increase payable under section 178A(3) shall be the same as if the contribution condition set out in section 178A(2)(b)(ii) had been fully satisfied.

Application of income limit

89.

(1) In the case of a claim for deserted wife’s benefit made on or after 31 August 1992, where a woman would be entitled to deserted wife’s benefit but for the fact that she has an aggregate of reckonable income and reckonable earnings in excess of €12,697.38 in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, the following provisions shall apply—

(a) (i) in the case of a woman who has not attained the age of 66 years and who satisfies the contribution conditions set out in section 178A(2) and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 12, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2) of the said Schedule,

(ii) in the case of a woman who has attained the age of 66 years and who satisfies the contribution conditions set out in section 178A(2) and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 12, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (3) of the said Schedule,

(b) (i) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 87 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 13, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (5) or (6) as appropriate, of the said Schedule,

(ii) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 87 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 14, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (5) or (6) as appropriate, of the said Schedule,

(c) in the case of a woman who has not attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 88 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 13, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule,

(d) in the case of a woman who has attained the age of 66 years and who qualifies for deserted wife’s benefit by virtue of article 88 and the aggregate of reckonable income and reckonable earnings is an amount included in one of the groups of amounts specified in column (1) of Schedule 14, deserted wife’s benefit shall be payable at the weekly rate shown opposite to that amount in column (2), (3) or (4) as appropriate, of the said Schedule.

(2) In the case of a woman to whom sub-article (1) applies, any increase payable under section 178A(3) shall be the same as if the conditions set out in section 178A(2) had been fully satisfied.

Calculation of yearly average

90.

In calculating the yearly average for the purposes of deserted wife’s benefit (other than benefit under article 88), a fraction of a whole number consisting of one-half or more shall be rounded up to the nearest whole number and a fraction of less than one-half shall be rounded down to the nearest whole number.

CHAPTER 12 Treatment Benefit

Interpretation

91.

In this Chapter—

“afocal goggles” means goggles containing lenses with no optical power;

“afocal sunglasses” means sunglasses with no optical power;

“appliance” means an appliance—

(a) provided as benefit under these Regulations including the repair thereof, and

(b) which complies with Council Directive 93/42/EEC of 14 June 1993 concerning medical devices ² ;

“audiologist” means—

(a) a member of the Irish Society of Hearing Aid Audiologists, or

(b) a member of the British Society of Hearing Aid Audiology, or

(c) a member of the British Society of Audiology Technicians Group having passed the B.A.A.A.T. examinations Parts 1 and 2, or

(d) a member of the International Hearing Society having passed the National Board for Certification in Hearing Instrument Sciences (NBC-HIS) National Competency Examinations in the United States, or

(e) a person who has an equivalent recognised qualification in Hearing Aid Audiology, or

(f) a company being a body corporate employing a person with one of the above qualifications;

“claimant” means a person who has made a claim for dental benefit, optical benefit or medical appliance benefit, as the case may be;

“dental treatment” means the performance of any dental operation and any examination, treatment, advice, opinion or attendance usually performed or given by a dentist, including the fitting, insertion or repair of dentures, which is included in the Schedule of Treatments for the time being fixed by the Minister;

“dentist” means—

(a) a person registered, or

(b) a person entitled to be registered in the Register of Dentists in Ireland;

“dependent spouse” means—

(a) a spouse who is a qualified adult as defined in section 2(2) and by article 6, or

(b) a spouse who is not a qualified adult as so defined in sub-paragraph (a) by virtue of being engaged in insurable employment and who immediately prior to taking up such employment was a qualified adult entitled to treatment benefit, or

(c) a spouse who would be a qualified adult as so defined, but for the receipt by that spouse of carer’s benefit under Chapter 14 of Part 2, State pension (non-contributory) under Chapter 4 of Part 3 or carer’s allowance under Chapter 8 of Part 3 in his or her own right;

“dispensing optician” means—

(a) a person registered, or

(b) a person entitled to be registered in the Register of Dispensing Opticians in Ireland;

“ophthalmologist” means—

(a) (i) a person registered, or

(ii) a person entitled to be registered in the Ophthalmology Specialists Register of the Irish Medical Council, or

(b) a person with a recognised qualification in ophthalmology from the College of Ophthalmologists Ireland, or

“optometrist” means—

(a) a person registered, or

(b) a person entitled to be registered in the Register of Optometrists in Ireland;

“ready made reading spectacles” means spectacles which have two single vision lenses each of which has the same positive spherical power not exceeding four dioptres and the purpose of which is to relieve the condition known as presbyopia;

“Register of Dentists in Ireland” means a register established under Part III of the Dentists Act 1985 (No. 9 of 1985);

“Register of Optometrists in Ireland” means a register established under Part III of the Opticians Act 1956 (No. 17 of 1956) as amended;

“Register of Dispensing Opticians in Ireland” means a register established under Part IV of the Opticians Act 1956 (No. 17 of 1956) as amended;

“relevant contribution year” means the second last complete contribution year before the beginning of the benefit year in which the relevant date occurs or, where the claimant has attained pensionable age, either the second or third last complete contribution year before the relevant date;

“relevant date” means the date on which benefit is claimed or, where the claimant is of or over pensionable age, the date on which he or she attained pensionable age;

“scale of charges” means, as respects any benefit, the scale of fees or charges appropriate to such benefit for the time being fixed by the Minister;

“spectacles” means corrective single vision, bifocal or varifocal lenses and associated frames including contact lenses whether afocal or focal lenses but does not include—

(a) afocal goggles or similar articles,

(b) afocal sunglasses or similar articles, or

“treatment benefit” means, dental benefit, optical benefit or medical appliance benefit, as the case may require.

Treatment Benefit

92.

The treatment benefit to be provided under section 138 shall be—

(a) dental benefit,

(b) optical benefit, and

Entitlement to treatment benefit

93.

Subject to this Chapter, a person shall be entitled to treatment benefit if he or she satisfies the contribution conditions in articles 94 or 95.

Contribution conditions

94.

(1) Subject to this Chapter, the contribution conditions for entitlement to treatment benefit shall be—

(a) in the case of a claimant who is under the age of 21 years, that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, or

(b) in the case of a claimant who is of or over the age of 21 years and under the age of 25 years—

(i) that he or she has qualifying contributions in respect of not less than 39 contribution weeks between the date of his or her entry into insurance and the relevant date, and

(ii) that he or she has—

(I) subject to clause (II), qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or

(II) in the case of a person to whom sub-article (5) applies, qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year, or

(III) in respect of any claim for treatment benefit made on or after 29 May 2006, qualifying contributions in respect of not less than 26 contribution weeks in both the second and third last contribution years before the beginning of the benefit year which includes the relevant date,

(i) that he or she has qualifying contributions in respect of not less than 260 contribution weeks between the date of his or her entry into insurance and the relevant date, and

(ii) that he or she has—

(I) subject to clause (II), qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the relevant contribution year, or

(II) in the case of a person to whom sub-article (5) applies, qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the relevant contribution year, or

(III) in the case of a person who has attained pensionable age on or after 29 May 2006, qualifying contributions in respect of not less than 26 contribution weeks in both the relevant contribution year and the contribution year immediately before the relevant contribution year before the beginning of the benefit year which includes the relevant date.

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