Social Welfare (Consolidation) Act, 1981
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Social Welfare (Consolidation) Act, 1981.
num: 2
paragraphs: —(1) In this Act, save where the context otherwise requires—
“adult dependant” means, in relation to any person—
(a) a wife who is living with or being wholly or mainly maintained by her husband, or
(b) a husband who is incapable of self-support by reason of some physical or mental infirmity and who is being wholly or mainly maintained by his wife, or
(c) a female person over the age of 16 years having the care of one or more than one qualified child who normally resides with that person where that person is—
(i) a single person, or
(ii) a widow, or
(iii) a widower, or
(iv) 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;
“appeals officer” means a person holding office as an appeals officer under section 297 ;
“assistance” means assistance under Part III ;
“beneficiary” means a person entitled to benefit;
“benefit” means benefit under Part II ;
“benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year;
“Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ;
“contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the first day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last two days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year;
“contribution year” means a year of assessment within the meaning of the Income Tax Acts;
“credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 14 ;
“day of incapacity for work” has the meaning assigned in section 18 ;
“day of unemployment” has the meaning assigned in section 29 ;
“deciding officer” means a person holding office as a deciding officer under section 295 ;
“employed contributor” has the meaning assigned in section 5 (1);
“employer's contribution” has the meaning assigned in section 9 (1) (a);
“employment contribution” has the meaning assigned in section 9 (1) (a);
“entry into insurance” means, subject to sections 16 (3), 79 (11) and 93 (6) in relation to any person, the date on which he becomes an insured person;
[1975 SWA, s. 1]
“health board” means a health board within the meaning of the Health Act, 1970 ;
“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable;
“increase” means, in relation to any benefit, an increase under section 21 , 32 , 44 , 45 , 46 , 47 , 50 , 51 , 81 , 86 , 87 , 91 , 95 or 103 ;
“inspector” means a person holding office as an inspector under section 114 ;
“insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor;
“insurable (occupational injuries) employment” has the meaning assigned in section 38 ;
“insured person” means a person insured under Part II ;
“maternity benefit” means maternity allowance or maternity grant, as the case may be;
“the Minister” means the Minister for Social Welfare;
“occupational injuries insurance” has the meaning assigned in section 37 (2);
“the Occupational Injuries Fund” means the Fund to which section 67 relates;
“orphan” means, subject to sections 52 (4) and 97 (3)—
(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a step-parent, does not normally reside with the step-parent or a person married to and living with the step-parent, or
(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband, or
[1980, ss. 12, 22]
(c) a qualified child one of whose parents is dead and whose surviving parent has abandoned him or refused or failed to provide for him;
[1977, s. 13 (2)]
“pensionable age” means the age of 66 years;
“prescribed” means prescribed by regulations;
[1970, ss. 29 (3), 34(2); 1966 OI, s. 1]
“qualified child” means, except in sections 92 (5), 107 (2), 157 , 176 and 223 , a person who—
(a) is under the age of 18 years,
(b) is ordinarily resident in the State, and
(c) is not detained in a reformatory or an industrial school;
“qualifying contribution” means the appropriate employment contribution (or appropriate employment contributions) which was (or were) paid, or would have been paid but for section 10 (1) (c), in respect of any insured person;
[1978 AM, s. 4 (1)]
“reckonable earnings” means, subject to regulations and to section 71 , earnings derived from insurable employment or insurable (occupational injuries) employment;
“regulations” means regulations made by the Minister under this Act;
“the Social Insurance Fund” means the Fund to which section 122 relates;
“the Supplementary Unemployment Fund” means the Fund to which section 269 relates;
“voluntary contribution” has the meaning assigned in section 11 (1) (a);
“voluntary contributor” has the meaning assigned in section 5 (2);
“the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 .
(2) For the purposes of this Act—
(a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age;
(b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age;
(c) a person shall be deemed not to have attained the age of 16 years until the commencement of the 16th anniversary of the day of his birth, and similarly with respect to any other age;
(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week.
(3) Any reference in this Act to contributions shall, where the reference is without qualification, be construed, save where the context otherwise requires, as including both a reference to employment contributions and a reference to voluntary contributions.
[1966 OI, s. 36]
(4) Regulations may, as respects any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.
(5) References in this Act to an employed contributor's employer shall not be construed as including his employer in any employment other than insurable employment or insurable (occupational injuries) employment.
[1974 (No. 1), s. 4]
(6) Any question relating to the normal residence of a qualified child shall, subject to section 224 (2), be decided in accordance with regulations made under this subsection.
[1966 OI, s. 1; 1952 CA, s. 8]
(7) Where a child has been or becomes adopted pursuant to the Adoption Acts, 1952 to 1976, then for the purposes of this Act—
(a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and
(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in subsection (1), “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”.
(8) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.
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paragraphs: —(1) The Minister may make regulations—
(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and
(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
(iii) any such provision either unconditionally or subject to any specified condition.
(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.
(4) The following shall be subject to the sanction of the Minister for Finance—
(a) regulations for the purposes of section 2 (1), 6 , 7 , 11 (1) (d), 13 , 15 , 16 , 19 (4), 30 (4), 38 (8) (9) (10), 73 , 76 (1) (a), 79 (7) (9), 84 (3) (4), 89 (4), 93 (4), 101 (4), 108 (4) (6), 133 , 209 , 210 (3), 269 (6), 286 , 308 or 309 ,
(b) a draft of regulations under section 5 (4) (5), 10 (2), 12 , 19 (3), 25 (2), 30 (3), 79 (6), 84 (2), 89 (3), 93 (3), 97 (2), 101 (3), 105 (3) or 108 (3).
(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —(1) Any expenses (other than expenses to which section 285 relates) incurred by the Minister or any other Minister in carrying this Act into effect and the expenses of the local pension committees under Chapter 3 of Part III up to an amount approved by the Minister shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) There shall be paid to the Minister for Finance out of the Social Insurance Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister which relates to the scheme of social insurance (other than occupational injuries insurance) provided for in Part II and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.
(3) In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.
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paragraphs: —(1) Subject to this Act—
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paragraphs: —Regulations may—
(a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and
(b) determine the circumstances in which a person is to be regarded for the purposes of section 10 (1) (d) as being concurrently employed by two or more employers.
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paragraphs: —(1) Regulations may modify the provisions of this Part in their application in the case of—
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paragraphs: —(1) Regulations may modify the provisions of this Part and the First Schedule in their application in the case of persons who are or have been outside the State while insured under this Part.
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paragraphs: —(1) For the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, are to be made out of the Social Insurance Fund, there shall be—
(a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall, subject to section 10 (7) and section 65 (2), comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor,
(b) contributions in respect of voluntary contributors, and
(c) payments out of moneys provided by the Oireachtas.
[1952, s. 6(3)]
(2) Employment contributions and voluntary contributions shall be paid into the Social Insurance Fund.
num: 10
paragraphs: —(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section.
(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7 , where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising—
(i) a contribution by the employed contributor at the rate of 3.5 per cent., and
(ii) a contribution by his employer at the rate of 8.5 per cent.
of the amount of the reckonable earnings to which such payment relates.
(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £7,000 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.
(d) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 6 ), the provisions of paragraph (c) shall, in relation to contributions mentioned in paragraph (b) (ii), apply to the reckonable earnings from each of the employments separately.
[1978 AM, s. 5(5)]
(2) (a) The Minister may by regulations vary the sum specified in subsection (1) (c) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.
(b) When making regulations under this subsection the Minister shall take into account any changes in the average earnings of workers in the transportable goods industries as recorded by the Central Statistics Office since the date by reference to which the sum specified in subsection (1) (c) was last determined.
(c) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(3) The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.
(4) An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide that—
(a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and
(b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.
(5) Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from the remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.
(6) Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.
[1978 AM, s. 5 (6)]
(7) The employment contribution payable by the employed contributor under subsection (1) (b) or under regulations made under section 7 shall not be payable in the case of an employed contributor who is in receipt of any of the following—
(a) a widow's (contributory) pension,
(b) a widow's (non-contributory) pension,
(c) deserted wife's benefit,
(d) a deserted wife's allowance,
(e) death benefit by way of widow's pension under section 50 ,
(f) a social assistance allowance under section 197 ,
(g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Economic Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.
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paragraphs: —(1) (a) Subject to paragraph (c), a contribution (in this Act referred to as a voluntary contribution) shall be payable by a voluntary contributor, who is under pensionable age, in each contribution year at such time or times and in such manner as the Minister shall prescribe—
(i) at a percentage rate (as set out in paragraph (b)) of the amount of the reckonable income of the contributor in the preceding contribution year, or
(ii) where there was no such income or such income did not exceed such amount as may be prescribed, at a percentage rate of such amount as the Minister shall prescribe.
(b) A percentage rate for the purpose of paragraph (a) (i) shall be—
(i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pensions, 1.8 per cent.,
(ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 4.7 per cent., and
(iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 2.9 per cent.
(c) A contribution under paragraph (a) shall not be payable in respect of reckonable income in any contribution year which exceeds the sum specified in section 10 (1) (c).
(d) “reckonable income” for the purposes of this subsection means, subject to regulations, income derived from any employment, including any trade, business, profession, office or vocation.
[1975, s. 17]
(2) In the case of a person who, on 31st March, 1974, was a voluntary contributor entitled to pay voluntary contributions and who became an employed contributor in respect of whom special rate contributions were payable under section 17 (1) of the Social Welfare Act, 1975 , such a person shall, notwithstanding section 5 (3), continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.
(3) Voluntary contributions paid pursuant to subsection (2) by a person to whom that subsection applies shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, retirement pension or death grant are satisfied.
[1978 AM, s. 8]
(4) Notwithstanding any other provision of this Act, but subject to subsection (5), a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, maternity benefit, invalidity pension or treatment benefit and, if any voluntary contributions paid by him are at the percentage rate for the time being payable under subsection (1) (b) (i), they shall be disregarded in determining whether the contribution conditions for old age (contributory) pension, retirement pension or death grant are satisfied.
[1952, s. 37 (2)]
(5) Notwithstanding subsection (4), any benefit mentioned in that subsection may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.
[1978 AM, s. 13(3)]
(6) A voluntary contribution paid under subsection (1) (a) shall be regarded, where the contribution relates to a full contribution year, as having been paid for each contribution week in that contribution year or, where the contribution relates to a shorter period, as having been paid for each contribution week in that period.
num: 12
paragraphs: —Regulations may alter the rates of employment or voluntary contributions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
num: 13
paragraphs: —(1) So far as may be necessary for the proper administration of this Part, information regarding employers and the employment and reckonable earnings of insured persons which is obtained by the Revenue Commissioners in connection with the collection of income tax may be supplied by them to the Minister.
(2) For the purposes of this Part, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed.
(3) Regulations may provide for the calculation of the amounts payable in respect of employment contributions and voluntary contributions in accordance with prescribed scales, and for adjustments of such amounts to facilitate computation and to avoid fractions of one penny in the amounts.
num: 14
paragraphs: —Regulations may provide for—
(a) making exceptions from the liability to pay contributions for any specified periods, and
(b) crediting contributions to insured persons for any specified periods, including, in particular—
(i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a), and
(ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.
num: 15
paragraphs: —(1) Regulations may provide for—
(a) the time and manner of payment of employment contributions,
(b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions,
(c) the charging of interest on arrears of employment contributions,
(d) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates,
(e) the furnishing of returns by employers in relation to periods of insurable employment,
(f) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and
(g) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection,
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—
(a) the assignment of any function relating to any matter referred to in that subsection to the Collector-General,
(b) the assignment to the Collector-General of any function conferred on the Minister by section 116 and the modification for that purpose of any provision of that section,
(c) the inspection by or on behalf of the Revenue Commissioners of records prescribed under subsection (5),
(d) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid, and
(e) treating as paid, for the purpose of any right to benefit, employment contributions payable by an employer in respect of an insured person which have not been paid, where the failure to pay such contributions is shown not to have been with the consent or connivance of the insured person or attributable to any negligence on the part of the insured person.
(3) Nothing in any regulations under this section shall affect the liability of the employer under section 10 (3) to pay employment contributions.
(4) (a) The provisions of any enactment, regulation or rule of court relating to the inspection of records, the estimation, collection and recovery of, or the furnishing of returns by employers in relation to, income tax, or relating to appeals in relation to income tax, shall, with any necessary modifications, apply in relation to employment contributions which the Collector-General is obliged to collect as they apply in relation to income tax.
(b) In proceedings instituted by virtue of this section, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him.
(c) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this section.
[1978 AM, s. 12]
(5) For the purposes of this Part, regulations may require employers to keep such records as may be prescribed in relation to the earnings of persons employed by them and the periods during which the persons were employed, and to retain the records for prescribed periods.
(6) The powers conferred on an inspector under section 114 may be exercised in relation to records referred to in subsection (5).
num: 16
paragraphs: —(1) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions and of so much of any contribution paid by an employed contributor or a voluntary contributor whose entry into insurance occurred—
(a) after he had attained the age of 60 years;
(b) after he had attained the age of 58 years in the case of a person who attained the age of 57 years on or after 1st July, 1974, and
(c) after he had attained the age of 57 years in the case of a person who attained the age of 56 years on or after 1st April, 1975, and
(d) after he had attained the age of 56 years in the case of a person who attained the age of 55 years on or after 1st October, 1977;
as is determined in accordance with the regulations to have been paid in respect of old age (contributory) pension.
(2) (a) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (b) shall not apply on his attaining the age of 57 years.
(b) In the case of a person who attained the age of 55 years on or after 1st October, 1977, subsection (1) (c) shall not apply on his attaining the age of 56 years and subsection (1) (b) shall not apply on his attaining the age of 57 years.
[1962 MP, s. 10]
(3) For the purposes of this section, the entry into insurance of a contributor, whether an employed contributor or a voluntary contributor, shall be deemed to have occurred after he had attained the appropriate age under subsection (1) if after the time of such attainment he became for the first time an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for an old age (contributory) pension are payable and he had not been an employed contributor under the National Health Insurance Acts, 1911 to 1952, before attaining that age.
[1970, s. 19]
(4) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of section 84 (1) after he had attained the age of 55 years as is determined in accordance with the regulations to have been paid in respect of retirement pension.
num: 17
paragraphs: —(1) Benefits under this Part shall be of the following descriptions and are so described in this Act—
(a) disability benefit,
(b) maternity allowance,
(c) unemployment benefit,
(d) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit,
(e) pay-related benefit,
(f) old age (contributory) pension (including benefit under section 87 ),
(g) retirement pension (including benefit under section 87 ),
(h) invalidity pension,
(i) widow's (contributory) pension,
(j) orphan's (contributory) allowance,
(k) deserted wife's benefit,
(l) maternity grant,
(m) death grant.
(2) Subject to section 110 and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1), also include treatment benefit under that section.
(3) Benefit shall, subject to section 67 (2) (a), be paid or provided for out of the Social Insurance Fund.
num: 18
paragraphs: —(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as a day of incapacity for work) which forms part of a period of interruption of employment, if—
(a) he is under pensionable age on the day for which the benefit is claimed, and
(b) he satisfies the contribution conditions in section 19 .
[1980, s. 17]
(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.
[1974 (No. 2), s. 10]
(3) Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(4) For the purposes of any provision of this Act relating to disability benefit—
(a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work,
(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment,
(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,
[1980, s. 17]
(d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74 (2) applies,
(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.
(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.
(6) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate.
num: 19
paragraphs: —(1) The contribution conditions for disability benefit are—
(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and
(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.
[ S.I. No. 383 of 1980 ]
(2) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3rd January, 1981, or would but for the provisions of section 18 (2) or 23 (1) have been so entitled, then, as respects disability benefit, the benefit year which includes the first such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the condition contained in paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid.
[1952, s. 14]
(3) Regulations may provide for modifications of the contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 28]
(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
num: 20
paragraphs: —Subject to this Act, the weekly rates of disability benefit shall be as set out in column (2) of Part I of the Second Schedule .
num: 21
paragraphs: —(1) The weekly rate of disability benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]
num: 22
paragraphs: —(1) Where a person—
(a) has qualifying contributions in respect of less than 156 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and
(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for 312 days,
he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.
(2) Where a person has exhausted his right to disability benefit—
(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to benefit, and
(b) on his requalifying therefor, subsection (1) shall again apply to him but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
(3) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
num: 23
paragraphs: —(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Part if—
(a) he has become incapable of work through his own misconduct, or
(b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.
(2) Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of disability benefit and restrictions on the rate and duration thereof if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
[1952, s. 29]
(3) Regulations may also provide for disqualifying a person for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.
(4) For the purposes of subsection (3), any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.
num: 24
paragraphs: —(1) Subject to this Act, a woman shall be entitled to a maternity allowance if—
[1952, s. 20]
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as the expected week of confinement), not being more than the prescribed number of weeks after that in which the certificate is given, and
(b) she satisfies the contribution conditions in section 25 .
[1979, s. 23]
(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—
(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,
(b) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to paragraph (a) be payable until the expiration of the 6th week after the week in which that date occurs.
(3) Regulations may modify subsections (1) and (2) in relation to cases where—
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and
(b) no such certificate as is referred to in subsection (1) (a) has been given.
[1974 (No. 2), s. 17]
(4) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to a maternity allowance and, accordingly, the amount payable by way of such allowance for any other day of a week shall be one-sixth of the appropriate weekly rate.
num: 25
paragraphs: —(1) The contribution conditions for maternity allowance are—
(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and
(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time.
In this subsection “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement.
[1952, s. 14]
(2) Regulations may provide for modifications of these contribution conditions but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
num: 26
paragraphs: —Subject to this Act, the weekly rate of maternity allowance shall be as set out in column (2) of Part I of the Second Schedule .
num: 27
paragraphs: —Regulations may provide for disqualifying a woman for receiving a maternity allowance if—
(a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or
(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.
num: 28
paragraphs: —(1) For the purposes of this Chapter—
(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,
(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.
(2) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.
num: 29
paragraphs: —(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Act referred to as a day of unemployment) which forms part of a period of interruption of employment if—
(a) he is under pensionable age on the day for which the benefit is claimed, and
(b) he satisfies the contribution conditions in section 30 .
[1980, s. 17]
(2) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.
[1974 (No. 2), s. 10]
(3) Subject to section 125 , payment of unemployment benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(4) For the purposes of any provision of this Act relating to unemployment benefit—
(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,
(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,
(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,
(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.
(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work.
(6) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate.
num: 30
paragraphs: —(1) The contribution conditions for unemployment benefit are—
(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and
(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.
(2) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 29 (2), 35 (1) or 35 (3) have been so entitled then, as respects unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1) (b), be regarded as continuing so long as the period of interruption of employment continues.
[1952, s. 14]
(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 28]
(4) Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
num: 31
paragraphs: —Subject to this Act, the weekly rates of unemployment benefit shall be as set out in column (2) of Part I of the Second Schedule opposite reference 1 (A) in column (1).
num: 32
paragraphs: —(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]
num: 33
paragraphs: —(1) Subject to subsection (2), the weekly rates of unemployment benefit, including any increases for dependants payable by virtue of section 32 , shall be at the reduced rates set out at reference I (B) of Part I of the Second Schedule after the 156th day for which the beneficiary has been entitled to that benefit.
[1978 AM, s. 13 (4)]
(2) Subsection (1) does not apply in relation to—
(a) a person over 65 years of age who has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which benefit is claimed, or
[1978 AM, s. 14 (2)]
(b) a person who has qualifying contributions in respect of not less than 280 contribution weeks in the period of 7 complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.
num: 34
paragraphs: —(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsections (3) and (6), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.
(2) Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit—
(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and
(b) on his requalifying therefor, subsection (1) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
[1976, s. 11]
(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “390 days” were substituted for “156 days”.
(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—
(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and
(b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
(5) Where in the period of interruption of employment a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband) has exhausted his right to 312 days' unemployment benefit within the period of 78 days ending on 5th April, 1976, he shall be entitled to unemployment benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date up to the 394th day of unemployment in that period of interruption of employment.
[1979, s. 22]
(6) Subsection (1) shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “156 days”.
(7) Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit—
(a) she shall requalify therefor when she has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which she was entitled to that benefit, and
(b) on her so requalifying, subsections (1) and (6) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
(8) Where in a period of interruption of employment a woman referred to in subsection (6) has exhausted her right to 156 days' unemployment benefit within the period of 156 days ending on 31st March, 1979, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment after that date up to the 315th day of unemployment in that period of interruption of employment.
[1952, s. 16]
(9) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
num: 35
paragraphs: —(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:
[1967 MP, s. 8]
Provided that the foregoing provisions of this subsection shall not apply to a person who—
(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and
(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.
(2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
(3) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he—
(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or
(b) has refused an offer of suitable employment, or
[1967 MP, s. 8]
(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle OiliÃºna as suitable in his case, or
(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,
and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.
(4) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
(5) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—
(a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or
(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or
(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.
(6) In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.
num: 36
paragraphs: —(1) In this Chapter, save where the context otherwise requires—
“apprentice” means a person undergoing full-time training for any trade, business, profession, office, employment or vocation;
“approved hospital treatment” has the meaning specified in section 63 (2);
“claimant” means a person claiming occupational injuries benefit and also includes an applicant for a declaration that an accident was or was not an occupational accident, and reference to a claim shall be construed accordingly;
“the deceased” means, in relation to death benefit, the person in respect of whose death the benefit is claimed or payable;
“disablement gratuity” has the meaning specified in section 43 (7);
“disablement pension” has the meaning specified in section 43 (8) or (9);
“injury benefit period” means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day of the accident, or the part of that period for which, under section 43 (2), disablement benefit in respect of the accident is not available to the insured person;
“medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly;
“medical treatment” has the meaning specified in section 63 (1);
“occupational accident” has the meaning specified in section 60 ;
“relevant accident” and “relevant injury” mean respectively, in relation to any benefit, the accident and injury in respect of which the benefit is claimed or payable; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury;
“unemployability supplement” has the meaning specified in section 45 (3).
(2) References in this Chapter to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.
num: 37
paragraphs: —(1) Subject to this Part, every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be insured under this Part against personal injury caused by accident arising out of and in the course of such employment.
(2) Any reference in this Act to occupational injuries insurance shall be construed as a reference to the insurance provided for by this section.
num: 38
paragraphs: —(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule.
num: 39
paragraphs: —(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment.
(2) An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment if—
(a) the accident arises in the course of the employment,
(b) the accident—
(i) either is caused by another person's misconduct, skylarking or negligence, or by steps taken in consequence of any such misconduct, skylarking or negligence or by the behaviour or presence of an animal (including a bird, fish or insect), or
(ii) is caused by or consists in the insured person's being struck by any object or by lightning, and
(c) the insured person did not directly or indirectly induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.
(3) An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—
(a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and
(b) the act is done for the purposes of and in connection with the employer's trade or business.
(4) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed for the purposes of this Part to arise out of and in the course of his employment, if—
(a) the accident would have been deemed for those purposes so to have arisen had he been under such an obligation, and
(b) at the time of the accident, the vehicle—
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of a public transport service.
In this subsection references to a vehicle include references to a ship, vessel or aircraft.
(5) An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
(6) An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.
num: 40
paragraphs: —(1) Where a claim for occupational injuries benefit is made under this Part in respect of any accident or of any disease or injury prescribed for the purposes of section 54 , or an application is made thereunder for a declaration that any accident was an occupational accident or for a corresponding declaration as to any such disease or injury, the Minister may direct that for the purposes of this Part the relevant employment shall, in relation to that accident, disease or injury, be treated as having been insurable (occupational injuries) employment, notwithstanding that, by reason of a contravention of or noncompliance with some provision contained in or having effect under any enactment passed for the protection of employed persons or of any class of employed persons, the contract purporting to govern the employment was void or the employed person was not lawfully employed therein at the time when or in the place where the accident happened or the disease or injury was contracted or received.
(2) In subsection (1) “relevant employment” means, in relation to an accident, the employment out of and in the course of which the accident arises and, in relation to a disease or injury, the employment to the nature of which the disease or injury is due.
num: 41
paragraphs: —Except where regulations otherwise provide, occupational injuries benefit shall not be payable in respect of an accident happening while the insured person is outside the State.
num: 42
paragraphs: —(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, he is incapable of work during the injury benefit period:
Provided that, subject to section 48 (1) (b), an insured person shall not be entitled to injury benefit in respect of the first 3 such days unless, as the result of the injury, he is incapable of work during the said period on not less than 12 days.
[1974 (No. 2), s. 10]
(2) Subject to section 125 , payment of injury benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(3) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded.
num: 43
paragraphs: —(1) Subject to this Part, an insured person who suffers personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit if he suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with the following provisions of this section amounts to not less than one per cent.; and, for the purposes of those provisions, there shall be deemed not to be any relevant loss of faculty when the extent of the resulting disablement, if so assessed, would not amount to one per cent.
(2) Disablement benefit shall not be available to an insured person until after the third day of the period of 156 days (Sundays being disregarded) beginning with the day of the relevant accident nor until after the last day, if any, of that period on which he is incapable of work as a result of the relevant accident:
Provided that, if he is not so incapable on any day, being the 4th or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded, disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.
(3) For the purposes of this section, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles—
(a) save as hereafter provided in this subsection, the disabilities to be taken into account shall be all disabilities (whether or not involving a loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;
(b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that, subject to the provisions of any regulations made under subsection (4), it shall not be so treated in so far as the claimant either—
(i) would in any case have been subject thereto as the result of a congenital defect or of an injury or disease received or contracted before the relevant accident, or
(ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to that accident;
(c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical and mental condition;
(d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly.
(4) Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed, and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in subsection (3) (c) shall be taken as preventing the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.
(5) The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty: provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period—
(a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the said possibility, and
(b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.
(6) An assessment shall state the degree of disablement in the form of a percentage and shall specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:
Provided that—
(a) the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this section the claimant's rights as to disablement benefit, and
(b) a percentage between 20 and 100 which is not a multiple of 10 shall be treated—
(i) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10, and
(ii) if it is not a multiple of 5, as being the nearest percentage which is a multiple of 10.
(7) (a) Where the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent., disablement benefit shall be a gratuity (in this Chapter referred to as a disablement gratuity)—
num: 44
paragraphs: —(1) The weekly rate of injury benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of injury benefit under this subsection in respect of more than one person.
num: 45
paragraphs: —(1) The weekly rate of disablement pension shall be increased by the amount set out in Part IV of the Second Schedule if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.
[1973, s. 19]
(2) (a) For the purposes of this section, a person may be treated as being incapable of work and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to restrict him to earning not more than £234 in a year.
(b) In paragraph (a) the reference to earning includes a reference to receiving any remuneration or profit derived from gainful occupation.
(3) An increase of pension under this section (in this Chapter referred to as an unemployability supplement) shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.
num: 46
paragraphs: —(1) Where a disablement pension is payable in respect of an assessment of 100 per cent., then, if as a result of the relevant loss of faculty the beneficiary requires constant attendance, the weekly rate of the pension shall be increased by an amount determined in accordance with regulations by reference to the extent and nature of the attendance required by the beneficiary, subject to the limitation that such amount shall not exceed the amount specified in Part IV of the Second Schedule .
(2) An increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time: provided that no such increase shall be payable in respect of any period during which the beneficiary is receiving medical treatment as an in-patient in a hospital or similar institution.
num: 47
paragraphs: —Where a person is awarded disablement benefit but the extent of his disablement is assessed for the period taken into account by the assessment at less than 100 per cent., it shall be treated as assessed at 100 per cent. for any part of that period during which he receives approved hospital treatment (whether before or after the making of the assessment or the award of the benefit):
Provided that, where the extent of the disablement is so assessed at less than 20 per cent., this section shall not affect the operation of the provisions relating to disablement gratuities, but, in the case of a disablement pension payable by virtue of this section to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase provided for by this Chapter) shall be reduced by the amount prescribed as being the weekly value of his gratuity.
num: 48
paragraphs: —(1) Where a person suffers two or more successive accidents against which he is insured by occupational injuries insurance—
(a) the person shall not for the same period be entitled (apart from any increase of benefit such as is mentioned in subsection (2)) to receive benefit, either by way of injury benefit and any disablement pension or pensions or by way of two or more disablement pensions, at an aggregate rate exceeding the amount equivalent to the appropriate maximum rate of disablement pension payable under section 43 (8),
(b) the provision of this Chapter excluding the right to injury benefit for the first 3 days of incapacity resulting from the relevant accident unless there are 12 such days during the injury benefit period shall, in relation to two or more accidents happening at intervals not greater than 13 weeks as a result of each of which the person is incapable of work on some day during the injury benefit period, apply so as to permit of there being taken into account, for the purpose of making up the said 12 days in the case of each of those accidents, any days which may be so taken into account in the case of any other of them,
(c) regulations may provide for adjusting—
(i) injury benefit or disablement benefit, or the conditions for the receipt thereof, in any case where the person has received or may be entitled to, a disablement gratuity,
(ii) any increase of benefit such as is mentioned in subsection (2), or the conditions for the receipt thereof.
(2) The increases of benefit referred to in subsection (1) are increases in the rate of injury benefit or of disablement pension under sections 44 , 45 and 46 .
num: 49
paragraphs: —Subject to this Part, where an insured person dies as a result of personal injury caused on or after 1st May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, death benefit shall be payable as provided for in sections 50 to 53 .
num: 50
paragraphs: —(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him.
num: 51
paragraphs: —(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, the parent was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained.
[1977, s. 20]
num: 52
paragraphs: —(1) Death benefit shall be payable in respect of an orphan who is a child or step-child of the deceased and in respect of an orphan who was wholly or mainly maintained by the deceased at the date of his death.
num: 53
paragraphs: —(1) Death benefit by way of a grant in respect of funeral expenses shall be payable in respect of the death of the deceased.
num: 54
paragraphs: —(1) Subject to this section, a person who is insured under this Part against personal injury caused by accident arising out of and in the course of his employment shall be insured also against any prescribed disease and against any prescribed personal injury not so caused, being a disease or injury due to the nature of that employment and developed on or after 1st May, 1967.
(2) A disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, if the Minister is satisfied that—
(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and
(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
(3) Regulations prescribing any disease or injury for the purposes of this section may provide that a person who developed the disease or injury on or at any time after a date specified in the regulations, being a date before the regulations came into force but not before 1st May, 1967, shall be treated for the purposes of this section, subject to any prescribed modifications, as if the regulations had been in force when he developed the disease or injury.
(4) Provision may be made by regulations for determining the time at which a person is to be treated for the purposes of this Part as having developed any disease or injury prescribed for the purposes of this section, and the circumstances in which any such disease or injury is, where the person in question has previously suffered therefrom, to be treated as having recrudesced or as having been contracted or received afresh.
(5) The benefit payable pursuant to this section in respect of a prescribed disease or injury, and the conditions for the receipt of such benefit, shall be the same as in the case of personal injury by accident arising out of and in the course of a person's employment, subject, however, to the power to make different provision by regulations as respects any matter which is to be prescribed and to the following provisions of this section.
(6) Regulations may provide, in relation to prescribed diseases and injuries, for modifying the provisions of this Chapter relating to injury benefit and disablement benefit and for adapting references in this Chapter to accidents, and for modifying the provisions of this Part in their application in relation to claims for benefit and in relation to questions arising in connection therewith or with an award of benefit on any such claim.
(7) Without prejudice to the generality of subsection (6), the said regulations may in particular include provision—
(a) for presuming any prescribed disease or injury—
(i) to be due, unless the contrary is proved, to the nature of a person's employment where he was employed in any prescribed occupation at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury,
(ii) not to be due to the nature of a person's employment unless he was employed in some prescribed employment at the time when, or within a prescribed period or for a prescribed length of time (whether continuous or not) before, he developed the disease or injury; and
(b) for such matters as appear to the Minister to be incidental to or consequential on provisions included in the regulations by virtue of the foregoing provisions of this section.
(8) Nothing in this section shall affect the right of any person to benefit in respect of a disease which is a personal injury by accident within the meaning of this Chapter except that a person shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of any employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in that employment.
num: 55
paragraphs: —(1) Regulations shall provide for conferring on persons who-—
(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and
(b) as the result of the injury or disease are, or could for the purpose of the provisions of this Chapter relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable,
the like right to payments under this Chapter by way of unemployability supplement and the like right to payments under this Chapter in respect of a child or adult dependant as if the injury or disease were one in respect of which a disablement pension were for the time being payable.
(2) Regulations shall also provide for conferring on persons who—
(a) are or have been on or after 1st October, 1965, entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, and
(b) as the result of that injury or disease require constant attendance,
the like right to payments under this Chapter in respect of the need of constant attendance as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.
(3) Such regulations may further provide for applying, in relation to payments under this section, the provisions of this Part relating to benefit and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to an unemployability supplement, to an increase of a disablement pension in respect of a child or adult dependant, or to an increase of a disablement pension in respect of the need of constant attendance, as the case may be, subject to any additions or modifications.
(4) All payments under this section shall be paid out of the Occupational Injuries Fund.
num: 56
paragraphs: —(1) The weekly rate of injury benefit, including any increase thereof, or of disablement pension, including any increase thereof, shall not exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident.
(2) Where, in respect of the whole or part of any week for which a beneficiary is entitled to payment of a disablement pension, any one of the following is also payable to him—
(a) disability benefit,
(b) unemployment benefit,
(c) unemployment assistance,
(d) retirement pension,
(e) invalidity pension,
and the aggregate of the two payments would otherwise exceed the beneficiary's weekly earnings from insurable (occupational injuries) employment at the time of the relevant accident, the weekly rate of the disablement pension, including any increase thereof, shall be reduced in respect of that week by the amount of the excess.
num: 57
paragraphs: —(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, shall be payable out of the Occupational Injuries Fund to the extent that such cost is not met under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or regulations made under section 110 .
(2) Where an insured person is eligible to avail himself of services provided under the Health Acts, 1947 to 1979, or the Mental Treatment Acts, 1945 to 1966, or treatment benefit under regulations made under section 110 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he availed himself of such services or benefit.
(3) Where an insured person receives medical care during any period in which he is an in-patient in a hospital or similar institution, the amount payable under this section in respect of such care shall not exceed—
[ S.I. No. 106 of 1971 ]
(a) the maximum amount which would be chargeable under section 53 of the Health Act, 1970 , to an insured person to whom the institutional services provided under that section are made available for that period, or
(b) the maximum amount which would be chargeable under section 231A of the Mental Treatment Act, 1945 , (inserted by section 71 of the Health Act, 1953 ) to an insured person to whom mental hospital assistance is made available for that period,
as may be appropriate.
[ S.I No. 106 of 1971 ]
(4) The amount payable under this section in respect of medical care provided otherwise than during a period in which the insured person is an in-patient in a hospital or similar institution shall be such sum as is, in the opinion of the Minister, reasonably appropriate to the care afforded, having regard to the reasonable necessity for such care and the customary charge therefor.
(5) Where an insured person requires medical care as a result of an injury or disease against which, when it was sustained or contracted, he was insured under this Part, he or such other person as may be prescribed shall, within such period as may be prescribed, give notice in writing to the Minister of the care required by him, and shall furnish such particulars as may be required of such care, and no payment under this section shall be made unless the notice is given and, where any particulars are required as aforesaid, those particulars are furnished.
(6) Where notice is given under subsection (5), the insured person may be required to submit himself to medical examination for the purpose of establishing that the medical care is necessary as a result of the relevant accident or disease and that it is reasonable in his case, and no payment shall be made under this section if he fails to comply with the requirement.
[1970 HA, s. 6]
(7) Payments under this section shall be made to such persons as the Minister thinks fit and, in particular, where the cost of the medical care payable under this section is due to a health board, payment may be made to that board.
(8) Regulations may provide for applying in relation to payments under this section any of the provisions of this Part relating to benefit and to the making of claims, subject to any additions or modifications.
(9) For the purposes of this section medical care shall comprise, subject to any additions which may be made by regulations—
(a) general practitioner and specialist care, including domiciliary visiting,
(b) nursing care at home except where the cost is met by an increase under section 46 in respect of constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions,
(c) pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary,
(d) dental and optical treatment and appliances,
(e) the care furnished, on the prescription of a registered medical practitioner, by members of professions allied to the medical profession, including physiotherapists and chiropodists, and
[ S.I. No. 234 of 1967 ]
(f) conveyance to and from the place where medical care as specified in this subsection is provided.
num: 58
paragraphs: —(1) Regulations may provide for requiring the prescribed notice of any accident in respect of which occupational injuries benefit or any amount under section 57 may be payable to be given within the prescribed time by the insured person or, where within that time his death results from the accident, by such other person as may be prescribed, to the insured person's employer or another prescribed person.
(2) In a case of failure without good cause to give the prescribed notice referred to in subsection (1) (including, in the case of a claim for death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident), regulations may provide for disqualification for receipt of occupational injuries benefit or any amount under section 57 for such period as may be determined in accordance with the regulations.
num: 59
paragraphs: —Regulations may provide for requiring employers—
(a) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable,
(b) to furnish to the prescribed person any information required for the determination of claims for occupational injuries benefit or of questions arising in connection with claims for or awards of that benefit, and
(c) to take such other steps as may be prescribed to facilitate the giving of notices of accidents in respect of which occupational injuries benefit or any amount under section 57 may be payable, the making of claims for that benefit and the determination of claims for that benefit and of questions arising in connection with claims for or awards of that benefit.
num: 60
paragraphs: —(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.
(2) Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.
(3) Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.
(4) Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.
(5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if—
(a) it arises out of and in the course of his employment,
(b) that employment is insurable (occupational injuries) employment, and
(c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State,
and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.
num: 61
paragraphs: —(1) Regulations may provide for disqualifying a person for receiving injury benefit or disablement benefit for any period not exceeding 6 weeks, or for suspending proceedings on any claim for, or on any payment of, injury benefit or disablement benefit, if the person fails without good cause—
(a) to submit himself from time to time to medical examination for the purpose of determining the effect of the relevant accident, whether the accident has resulted in a loss of faculty, at what degree the extent of disablement resulting from a loss of faculty is to be assessed and what period is to be taken into account by the assessment, or the treatment appropriate to the relevant injury or loss of faculty,
(b) to submit himself from time to time to appropriate medical treatment for the relevant injury or loss of faculty,
(c) to attend at such places and times as may be required for the purposes of the said medical examination or treatment, or
(d) to observe any prescribed rules of behaviour.
(2) Regulations under this section shall provide for payment to any person attending for medical examination or treatment as aforesaid of such amount as may be determined by the Minister as the amount of the reasonable and necessary travelling and other expenses (including any expense consisting of loss of remunerative time) incurred by the person in respect of the attendance.
num: 62
paragraphs: —Regulations may provide for treating a person for the purposes of this Chapter as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision—
(a) as to the days which, in the case of a person who at any time is, or is to be treated as, incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of occupational injuries benefit as days of incapacity for work, and
(b) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of occupational injuries benefit as the day of the accident.
num: 63
paragraphs: —(1) For the purposes of this Chapter “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references in this Chapter to a person receiving or submitting himself to medical treatment shall be construed accordingly.
(2) References in this Chapter to a person receiving approved hospital treatment shall be construed, in relation to any occupational injuries benefit payable to him, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty.
(3) Regulations may provide that where a person receives medical treatment as an in-patient for two or more distinct periods separated by an interval or intervals of less than a specified duration, he shall be treated for the purposes of this Chapter as receiving it continuously from the beginning of the first period until the end of the last.
num: 64
paragraphs: —(1) The Minister may make, towards the cost of rehabilitation services (including rehabilitation services provided under section 68 of the Health Act, 1970 ) for persons entitled to disablement benefit, such contributions as he may, with the consent of the Minister for Finance, determine.
(2) The amounts required for any contributions under this section shall be paid out of the Occupational Injuries Fund.
num: 65
paragraphs: —(1) Every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly.
(2) (a) In relation to an employed contributor who, but for subsection (1), would not be an employed contributor—
(i) in case he is under the age of 16 years, no employment contributions shall be payable,
(ii) in any other case (including a case in which he is over pensionable age) where in any contribution year a payment is made to or for the benefit of the contributor in respect of reckonable earnings of that contributor, the employment contribution shall consist of an employer's contribution only at the rate of 0.45 per cent. of the amount of the contributor's reckonable earnings to which such payment relates.
(b) In relation to an employed contributor who is an employed contributor by virtue of both section 5 and subsection (1) of this section, the employment contribution mentioned in section 10 (1) (b) (ii) shall be increased by an amount calculated at the rate of 0.45 per cent of the amount of the reckonable earnings by reference to which the employment contribution mentioned in section 10 (1) (b) (ii) is determined.
(3) The provisions of sections 10 (1) (c) and 10 (1) (d) shall apply in like manner to contributions under subsection (2) of this section as they apply to contributions by employers under section 10 (1) (b).
[1970, s. 20; 1973, s. 19]
(4) An employment contribution payable by virtue of subsection (2) (a) (ii) shall not be reckoned for the purposes of qualifying or requalifying any person for any of the benefits referred to in section 17 .
(5) The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.
num: 66
paragraphs: —(1) The Minister may promote research into the causes, incidence and methods of prevention of—
(a) accidents and injuries against which occupational injuries insurance is provided, or
(b) diseases against which such insurance is provided or which it is contemplated may be prescribed for the purposes of section 54 ,
either by himself employing persons to conduct the research or by contributing to the expenses of, or otherwise assisting, other persons engaged in the research.
(2) The Minister may pay to persons so employed such salaries or other remuneration, and such travelling or other allowances, as he may, with the consent of the Minister for Finance, determine.
(3) The amounts required for any payments under this section shall be paid out of the Occupational Injuries Fund.
num: 67
paragraphs: —(1) The Occupational Injuries Fund established under the Social Welfare (Occupational Injuries) Act, 1966 , shall continue in being and to comprise a current account, to be managed and controlled by the Minister, and an investment account, to be managed and controlled by the Minister for Finance.
(2) (a) Notwithstanding any provision to the contrary, occupational injuries benefits, together with any other payments which under this Chapter are payable out of the Occupational Injuries Fund, shall be paid out of the current account of that Fund, and, for the purpose of providing the moneys for meeting the expenditure on such benefits and other payments, employment contributions paid into the Social Insurance Fund consequent upon section 65 (2) (a) and increases of employment contributions so paid consequent upon section 65 (2) (b) shall be paid out of that Fund to the current account of the Occupational Injuries Fund.
(b) The following sums paid out of the Social Insurance Fund shall be repaid to that Fund out of the Occupational Injuries Fund—
[1970, s. 20]
(i) sums paid by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an occupational accident, or a disease or injury prescribed for the purposes of section 54 , to a person who is entitled to disablement benefit in respect of such accident, disease or injury,
[1970, s. 20]
(ii) sums paid, in respect of any period by way of disability benefit or invalidity pension in respect of incapacity for work arising out of an injury or disease, being sums paid to a person who is or has been on or after 1st October, 1965, entitled to weekly payments of compensation under the Workmen's Compensation Acts in respect of such injury or disease.
(3) Moneys standing to the credit of the current account of the Occupational Injuries Fund and not required to meet current expenditure shall be transferred to the investment account of that Fund.
(4) Whenever the moneys in the current account of the Occupational Injuries Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of that Fund such sums as may be necessary for the purpose of discharging those liabilities.
(5) Subject to subsection (4), moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.
(6) An investment pursuant to subsection (5) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.
(7) Accounts of the Occupational Injuries Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.
(8) There shall be recoverable from the Occupational Injuries Fund at such times and in such manner as may be directed by the Minister for Finance—
(a) expenses of the Minister (determined on such basis as he considers proper) pursuant to this Chapter, and
(b) expenses of any other Minister (determined on such basis as may be agreed upon between him and the Minister) relating to this Chapter.
(9) Moneys received pursuant to subsection (8) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(10) In estimating expenses for the purposes of subsection (8), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump-sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Chapter.
(11) (a) The Minister shall cause actuarial reviews to be made into the financial condition of the Occupational Injuries Fund, having regard, in particular, to the adequacy or otherwise of the contributions to support the benefits and other payments, and shall cause a copy of every report of the actuary under this subsection to be laid before each House of the Oireachtas.
[ S.I. No. 215 of 1974 ]
(b) A review under this subsection shall be made in respect of the five-year period ending with 31st December, 1983, and thereafter in respect of the period ending with 31st December in every fifth year, subject to the proviso that the Minister may vary the period to be covered by any such review.
num: 68
paragraphs: —(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 306 of this Act, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 42 (2), after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.
(2) The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.
(3) Notwithstanding section 50 of the Civil Liability Act, 1961 , in assessing damages in respect of a person's death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person's death.
num: 69
paragraphs: —The Workmen's Compensation Acts, 1934 to 1955, as amended by Part V of the Civil Liability Act, 1961 , shall continue to apply to cases to which they would have applied if the Social Welfare (Occupational Injuries) Act, 1966 , had not been passed, being cases where a right to compensation arose in respect of employment before 1st May, 1967, except where, in the case of a disease or injury prescribed for the purposes of section 54 , the right did not arise before that date and the workman, before it arose, has been insured under this Chapter against that disease or injury.
num: 70
paragraphs: —The references to the Social Welfare (Occupational Injuries) Act, 1966 , in—
(a) the definitions of “service day” and “wages” in section 2 of the Local Government (Superannuation) Act, 1956 , as amended by section 42 of the first-mentioned Act, and
(b) section 43 of the said Local Government (Superannuation) Act, 1956 , as so amended,
shall be construed as references to this Chapter.
num: 71
paragraphs: —In this Chapter—
“reckonable earnings” means, subject to regulations under this Chapter, earnings derived from insurable employment in respect of which employment contributions are payable in accordance with section 10 (1);
“reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week;
“relevant income tax year” means, in relation to pay-related benefit payable in respect of any particular day, such year of assessment within the meaning of the Income Tax Acts as may be prescribed in relation to such benefit.
num: 72
paragraphs: —(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—
(a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under Chapter 5 in respect of that day, or
(b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit,
and which is not earlier than the 13th day of incapacity for work or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment.
(2) Any day in respect of which a person is entitled to maternity allowance shall be treated, for the purposes of this section, as a day of incapacity for work.
num: 73
paragraphs: —The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to—
(a) for any part of that period up to the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent.,
(b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent.,
(c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 per cent., and
(d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent.,
of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £14 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.
num: 74
paragraphs: —(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the 393rd day of incapacity for work in that period or in respect of any day of unemployment after the 393rd day of unemployment in that period.
[1980, s. 17]
(2) In calculating for the purposes of this Chapter whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken only of—
(a) any day or days of incapacity for work in that period in respect of which that person was paid disability benefit, maternity allowance or injury benefit and any such day or days in the first period of incapacity for work in that period of interruption of employment to which section 18 (2) applies,
(b) any day or days of unemployment in that period in respect of which that person was paid unemployment benefit and any such day or days to which section 29 (2) applies.
num: 75
paragraphs: —(1) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 316th day of incapacity for work in that period of interruption of employment.
(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th June, 1975, a person has, before that date, received pay-related benefit and had not less than 159 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 316th day of unemployment in that period of interruption of employment.
[1976, s. 12]
(2) (a) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date, received pay-related benefit and had not less than 315 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after that date but before the 394th day of incapacity for work in that period of interruption of employment.
(b) Notwithstanding section 74 (1) but subject to section 72 (1), where, in a period of interruption of employment which began before 5th April, 1976, a person has, before that date received pay-related benefit and had not less than 315 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date but before the 394th day of unemployment in that period of interruption of employment.
num: 76
paragraphs: —(1) The Minister may by regulations provide for—
(a) the calculation or estimation of the amount of the reckonable earnings and the amount of the reckonable weekly earnings of a person or class of persons for the purposes of this Chapter, in such manner, by reference to such matters and on such basis as may be specified;
[1973 PRB, s. 9; 1978 AM, s. 18 (3)]
(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid fractions of a penny in the amounts;
[1973 PRB, s. 10]
(c) the application of this Chapter to persons employed in such class or classes of employment as may be specified in the regulations and may by such regulations make such modifications in the provisions of this Chapter as may appear to him to be necessary for that purpose;
(d) the exclusion from the application of this Chapter of persons employed in employment of such class or classes as may be specified in the regulations;
[1973 PRB, s. 11]
(e) the modification of any of the conditions for receipt of pay-related benefit in the case of any claim to such benefit arising during the period which began on 8th April, 1974, and ending on such date as may be specified in the regulations;
[1973 PRB, s. 13]
(f) requiring employers, for the purposes of pay-related contributions and pay-related benefit, to keep such records as may be specified in the regulations of the earnings of persons employed by them and to retain the records for such periods as may be prescribed and any records so specified shall be deemed to be documents for the purposes of section 114 .
[1973 PRB, s. 10]
(2) A class of employment may be specified in regulations under subsection (1) (c) or (d) in such manner and by reference to such matters as the Minister thinks appropriate.
(3) Where regulations modifying the provisions of this Chapter are proposed to be made under subsection (1) (c) or (d), a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
num: 77
paragraphs: —The Revenue Commissioners may give to the Minister such information in relation to reckonable earnings as may be necessary for the purpose of pay-related benefit.
num: 78
paragraphs: —(1) Subject to this Act, a person shall be entitled to an old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 79 .
[1974 (No. 2), s. 10]
(2) Subject to section 125 , payment of old age (contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
[1978 AM, s. 13 (2)]
(3) For the purposes of this Chapter “yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the date of his attaining pensionable age.
num: 79
paragraphs: —(1) The contribution conditions for an old age (contributory) pension are—
(a) subject to subsection (2), that the claimant has entered into insurance before attaining the age of 56 years,
(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and
(c) that the claimant has a yearly average of not less than 48.
[1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]
(2) (a) In the case of a person who attained the age of 57 years before 1st July, 1974, subsection (1) (a) shall be construed as if “60” were substituted for “56”.
(b) In the case of a person who attained the age of 57 years on or after 1st July, 1974, subsection 1 (a) shall be construed as if “58” were substituted for “56”.
(c) In the case of a person who attained the age of 56 years on or after 1st April, 1975, subsection (1) (a) shall be construed as if “57” were substituted for “56” and paragraph (b) of this subsection shall not apply on his attaining the age of 57 years.
(d) In the case of a person who attained the age of 55 years on or after 1st October, 1977, paragraph (c) shall not apply on his attaining the age of 56 years and paragraph (b) shall not apply on his attaining the age of 57 years.
[1974 (No. 2), s. 11]
(3) (a) A person who attained the age of 69 years on or after 1st July, 1974, but before 5th January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if that would be to his advantage.
(b) A person who attained the age of 69 years before 1st July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.
[1975, s. 10]
(4) (a) A person who attained the age of 68 years on or after 1st April, 1975, but before 3rd January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if that would be to his advantage.
(b) A person who attained the age of 68 years before 1st April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.
[1977, s. 13]
(5) (a) A person who attained the age of 67 years on or after 1st October, 1977, but before 1st January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if that would be to his advantage.
(b) A person who attained the age of 67 years before 1st October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.
[1952, s. 14]
(6) Regulations may provide for modifications of the meaning of yearly average contained in section 78 (3) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 28A; 1960 AM, s. 10]
(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.
[1960 AM, s. 10; 1964 MP, s. 9]
num: 80
paragraphs: —Subject to this Part, the weekly rates of old age (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule .
num: 81
paragraphs: —(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—
(a) the beneficiary is living with or wholly or mainly maintaining his wife, or
(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,
and which is not a period in respect of which the spouse of the beneficiary is in receipt of old age (contributory) pension.
[1952, s. 27; 1960 AM, s. 9; 1964 MP, s. 8; 1976, s. 18]
num: 82
paragraphs: —(a) Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, and
(b) any such scheme or arrangement other than a scheme or arrangement for the provision of compensation for redundancy may be wound-up,
in connection with the provision under this Chapter of a scheme of old age (contributory) pensions either—
(i) by agreement between the different parties concerned in the scheme or arrangement, or
(ii) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme or arrangement, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or arrangement or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry, Commerce and Tourism.
num: 83
paragraphs: —(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 84 .
[1974 (No. 2), s. 10]
(2) Subject to section 125 , payment of retirement pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(3) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.
[1978 AM, s. 13]
(4) For the purposes of this Chapter—
“yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—
(i) on 5th January, 1953, in case the claimant is a man or on 6th July, 1953, in case the claimant is a woman, or
(ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after 5th January, 1953, in the case of a man or 6th July, 1953, in the case of a woman),
(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of 65 years.
num: 84
paragraphs: —(1) The contribution conditions for retirement pension are—
(a) that the claimant has entered into insurance before attaining the age of 55 years,
(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and
(c) that the claimant has a yearly average of not less than 48.
[1952, s. 14]
(2) Regulations may provide for modifications of the meaning of yearly average contained in section 83 (4) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 66B; 1970, s. 16]
(3) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.
[1952, s.28B; 1970, s. 10]
(4) Subject to subsection (5), regulations may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.
num: 85
paragraphs: —Subject to this Part, the weekly rates of retirement pension shall be as set out in column (2) of Part I of the Second Schedule .
num: 86
paragraphs: —(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—
(a) the beneficiary is living with or wholly or mainly maintaining his wife, or
(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.
[1952, s. 27; 1970, s. 9; 1976, s. 18]
num: 87
paragraphs: —(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 81 (1) or 86 (1) in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Part if he were a widow.
(2) Benefit under this section shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity.
(3) A man shall be disqualified for receiving benefit under this section if and so long as he and any other person are cohabiting as man and wife.
(4) Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period—
(i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension,
(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section.
num: 88
paragraphs: —(1) Subject to this Act, a person shall be entitled to invalidity pension if—
(a) he is permanently incapable of work, and
(b) he satisfies the contribution conditions in section 89 .
[1974 (No. 2), s. 10]
(2) Subject to section 125 , payment of invalidity pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.
(3) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.
(4) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.
num: 89
paragraphs: —(1) The contribution conditions for invalidity pension are—
(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and
(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date.
(2) In this section “relevant date” means any date subsequent to the completion of one year of continuous incapacity for work where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work.
[1952, s. 14]
(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 66B; 1970, s. 16]
(4) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension.
num: 90
paragraphs: —Subject to this Part, the weekly rates of invalidity pension shall be as set out in column (2) of Part I of the Second Schedule .
num: 91
paragraphs: —(1) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.
[1952, s. 27; 1960 AM, s. 9; 1970, s. 9; 1976, s. 18]
num: 92
paragraphs: —(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death.
(2) A widow's (contributory) pension shall not be payable for any period after her remarriage.
(3) A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife.
[1979, s. 24]
(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.
[1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]
(5) In this Chapter—
“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;
“husband”, in relation to a woman who has been married more than once, refers only to her last husband.
(6) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 93 (1)(b).
num: 93
paragraphs: —(1) The contribution conditions for a widow's (contributory) pension are—
(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—
(i) the yearly average for the 3 contribution years, or(if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
but, if those conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).
[1960 AM, s. 16]
(2) In this section—
“relevant time” means—
(a) the date of the husband's attaining pensionable age or dying under that age, or
(b) if the conditions are being satisfied on the widow's insurance record—
(i) the date of the husband's death, or
(ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age.
[1952, s. 14]
(3) Regulations may provide for modifications of the meaning of yearly average contained in section 92 (6) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 28A; 1960 AM, s. 10; 1966 MP, s. 6]
(4) Subject to subsection (5), regulations may provide for entitling to widow's (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
[1966 MP, s. 6]
num: 94
paragraphs: —Subject to this Part, the weekly rates of widow's (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule .
num: 95
paragraphs: —(1) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.
[1952, s. 26; 1974 (No. 2), s. 19]
num: 96
paragraphs: —Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.
num: 97
paragraphs: —(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—
(a) a parent of the orphan,
(b) a step-parent of the orphan.
[1952, s. 14]
(2) Regulations may provide for modifications of this contribution condition but where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1969 MP, s. 9; 1970, s. 29]
(3) In deciding whether an orphan's (contributory) allowance is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.
num: 98
paragraphs: —Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the Second Schedule .
[1952, s. 14]
num: 99
paragraphs: —(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.
(2) An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.
num: 100
paragraphs: —(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who—
(a) has been deserted by her husband,
(b) if she is less than 40 years of age, has at least one qualified child residing with her,
(c) satisfies the contribution conditions in section 101 , and
(d) satisfies such other conditions as may be prescribed.
(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195 (4) (a).
(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.
(4) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101 (1) (b).
num: 101
paragraphs: —(1) The contribution conditions for deserted wife's benefit are—
(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—
(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).
(2) In this section “relevant time” means—
(a) the date on which the husband attained pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or
(b) if the conditions are being satisfied on the woman's insurance record—
(i) if she attained pensionable age before the date on which she is determined to have been deserted by her husband, the date on which she attained that age, or
(ii) the date on which she is determined to have been deserted by her husband.
[1952, s. 14]
(3) Regulations may provide for modifications of the meaning of yearly average contained in section 100 (4) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, S.28C; 1973, s, 17]
(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
num: 102
paragraphs: —Subject to this Part, the weekly rates of deserted wife's benefit shall be as set out in column (2) of Part I of the Second Schedule .
num: 103
paragraphs: —(1) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.
[1952, s. 26; 1974 (No. 2), s. 19]
num: 104
paragraphs: —(1) Subject to this Act, a woman who has been confined shall be entitled—
(a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and
(b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.
(2) For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.
[1952, s. 21]
(3) In this Chapter, for the purpose of determining entitlement to maternity grant—
(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,
(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.
(4) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a maternity grant.
num: 105
paragraphs: —(1) The contribution conditions for a maternity grant are—
(a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and
(b) that the relevant person has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.
(2) In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age.
[1952, s. 14]
(3) Regulations may provide for modifications of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
num: 106
paragraphs: —Subject to this Part, the amount of a maternity grant shall be as set out in Part VI of the Second Schedule .
num: 107
paragraphs: —(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—
(a) an insured person,
(b) the wife or husband of an insured person,
(c) the widow or widower of a deceased insured person, or
(d) a qualified child,
if the contribution conditions in section 108 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.
num: 108
paragraphs: —(1) The contribution conditions for a death grant are—
(a) that before the relevant date the relevant insured person has qualifying contributions in respect of not less than 26 contribution weeks since his entry into insurance or since 1st October, 1970, (whichever is the later), and
(b) that either—
(i) the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or
(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred or the beginning of the contribution year next following 1st October, 1970, (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than 48.
[1974(No, 1), s. 7]
(2) In this Chapter “relevant insured person” means—
(a) in case the deceased person was a qualified child—
(i) the father or mother of such deceased person, or
(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 2 (6), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or
(iii) the spouse of the person referred to in subparagraph (ii),
(b) in any other case, the deceased person or the spouse of the deceased person;
“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;
“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (1) (b)(ii).
[1952, s. 14]
(3) Regulations may provide for modifications of the contribution conditions for receipt of a death grant but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
[1952, s. 28B; 1970, s. 10]
(4) Subject to subsection (5), regulations may provide for entitling to a death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.
num: 109
paragraphs: —Subject to this Part, the amount of a death grant shall be as set out in column (2) of Part VI of the Second Schedule .
num: 110
paragraphs: —(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.
(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following—
(a) dental treatment,
(b) hospital and convalescent home treatment,
(c) medical and surgical appliances,
(d) optical treatment and appliances,
(e) specialist medical and specialist surgical treatment,
(f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.
(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.
(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.
(5) The Minister may by order appoint a day to be the day on which this section expires.
num: 111
paragraphs: —(1) Every question arising—
(a) in relation to a claim-for benefit,
(b) as to whether a person is or was disqualified for benefit,
(c) as to the period of any disqualification for benefit,
[1966 OI, s. 36]
(d) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,
(e) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,
(f) as to what rate of employment contribution is or was payable by an employer in respect of an employed contributor,
(g) as to who is or was the employer of an employed contributor,
(h) as to whether a person is or was entitled to become a voluntary contributor, or
(i) on any such other matter relating to this Part as may be prescribed,
shall be decided by a deciding officer in accordance with Part VIII .
(2) A reference in this section to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.
num: 112
paragraphs: —(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.
(2) Regulations made under this section as to the time of payment of benefit may—
(a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf,
[1960 AM, s. 12; 1966 OI, s. 30; 1970, s. 15; 1973, s. 17]
(b) in respect of old age (contributory) pension, retirement pension invalidity pension, widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit or occupational injuries benefit (other than injury benefit) provide, notwithstanding anything in this Part, for adjusting the commencement and termination of benefit, or for changes in the rate of benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,
(c) provide for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.
(3) Regulations may also provide—
(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Part and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,
[1972, s. 9]
(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—
(i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the benefit or pension as is payable by virtue of sections 21 , 32 , 81 , 86 and 91 respectively,
(ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 95 (1),
(iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 44 ,
(c) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.
(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.
num: 113
paragraphs: —(1) Regulations may make provision in relation to matters arising—
(a) pending the decision under this Part or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit or of any question affecting any person's right to benefit or to receipt thereof or any person's liability for contributions, or
(b) out of the effect of any appeal or revision of any decision under this Part or Part VIII on any such claim or question.
(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision—
(a) for the suspension of benefit where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,
[1961, MP, s. 17; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]
(b) for treating any benefit paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or children's allowance) as may be specified, or otherwise.
num: 114
paragraphs: —(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be inspectors for the purposes of this Part.
(2) An inspector shall, for the purposes of the execution of this Part, have power to do all or any of the following things—
(a) to enter at all reasonable times any premises or place liable to inspection under this section;
(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are being or have been complied with in any such premises or place;
(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Part on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;
(d) to exercise such other powers as may be necessary for carrying this Part into effect.
[1966 OI, s. 36]
(3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person in insurable employment or insurable (occupational injuries) employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.
[1976 (No. 2). s. 3]
(4) If any person—
(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or
(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or
(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,
he shall be guilty of an offence under this section and shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment,
but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.
(5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Part shall, if so required, produce the said certificate.
[1976 (No. 2), s. 3]
(6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed and any premises or places where an inspector has reasonable grounds for believing that any insurance cards or any other documents relating to persons in employment are kept.
(7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, another Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.
num: 115
paragraphs: —(1) (a) If any person—
(i) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp,
(ii) affixes any used insurance stamp to any insurance card, or
(iii) affixes to any insurance card a forged or counterfeit stamp,
he shall be guilty of an offence.
(b) If any person, for the purpose of obtaining any benefit or other payment under this Part, whether for himself or some other person, or for any purpose connected with this Part—
(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence.
(c) Where a person aids, abets, counsels or procures an employee of his to commit any offence under paragraph (a) or (b) or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence.
(d) A person who is guilty of an offence under this subsection shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(e) In any proceedings under this subsection in respect of used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a contribution.
(f) (i) A person convicted of an offence under this subsection in relation to a benefit other than orphan's (contributory) allowance, maternity benefit, death grant or death benefit under section 52 or 53 , shall be disqualified for the receipt of that benefit for a period of 6 months immediately following the date of the conviction.
(ii) Subparagraph (i) shall not have effect in relation to an offence (other than an offence relating to unemployment benefit) committed before 12th July, 1976.
(2) (a) If any employer fails to pay at or within a prescribed time any employment contribution which he is liable under this Part to pay, he shall be guilty of an offence.
(b) If any employer deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, the employer shall be guilty of an offence.
(c) If any employer makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under this Part to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, the employer shall be guilty of an offence.
(d) A person who is guilty of an offence under this subsection shall be liable—
(i) on summary conviction to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(3) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court—
(a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or
(b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £2,000 or of imprisonment for terms not exceeding two years or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued.
[1966 OI, s. 37]
(4) (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under this Part to pay, he shall be liable to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the amount which he has failed to pay and, on such a conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the three years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.
(b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid employment contributions, and the insured person's portion of those employment contributions shall not be recoverable by the employer from the insured person.
[1966 OI, s. 37]
(5) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Social Insurance Fund or the Occupational Injuries Fund.
[1976 (No. 2), s. 6]
(6) Where an offence under this Part or under regulations made under this Part is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.
(7) It shall be a good defence to a prosecution for an offence under subsection (6) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
(8) Any summons or other document required to be served for the purpose of proceedings under this Part on a body corporate may be served—
(a) by leaving it at or sending it by post to the registered office of the body corporate,
(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.
num: 116
paragraphs: —(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.
(2) A prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.
[1976 (No. 2), ss. 5, 11]
(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
(5) In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person.
(6) Where in a prosecution for an offence under this Part, or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for benefit under this Part, and
(b) that as a result of that application benefit under this Part has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
num: 117
paragraphs: —All sums due to the Social Insurance Fund or the Occupational Injuries Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent proceedings jurisdiction.
num: 118
paragraphs: —Where—
(a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and
(b) the court proposes to make an order under section 1 (1) of the Probation of Offenders Act, 1907 ,
the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.
num: 119
paragraphs: —In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Social Insurance Fund or the Occupational Injuries Fund, a decision on any question relevant to the proceedings given in accordance with this Part or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—
(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Part and Part VIII , and
(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
num: 120
paragraphs: —(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.
(2) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution shall not form part of the assets of a limited company in a winding-up under the Companies Act, 1963 , and in such a winding-up a sum equal in amount to the sum so deducted shall, notwithstanding anything in that Act, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of that Act.
(3) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution before the date of the order of adjudication or the filing of the petition for arrangement (as the case may be) shall not form part of the property of the bankrupt or arranging debtor so as to be included among the debts which under section 4 of the Act of 1889 are in the distribution of such property to be paid in priority to all other debts, but shall, before such distribution and notwithstanding anything in the Act of 1889, be paid to the Social Insurance Fund in priority to the debts specified in section 4 of the Act of 1889.
(4) Formal proof of a debt to which priority is given by this section shall not be required except where required by or under the Act of 1889 or the Companies Act, 1963 .
[1952, s. 58 (3); 1972, s. 10]
(5) There shall be included among the debts which under section 4 of the Act of 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all employment contributions payable by the bankrupt or arranging debtor during the twelve months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.
num: 121
paragraphs: —A married woman shall, in respect of employment contributions—
(a) be capable of suing and being sued (including suing and being sued under section 132 ), and
(b) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,
in all respects as if she were unmarried.
num: 122
paragraphs: —(1) The Social Insurance Fund (in this section and in section 123 referred to as the Fund) established under the Social Welfare Act, 1952 , shall continue in being and to comprise a current account and an investment account.
(2) The Minister shall manage and control the current account of the Fund.
(3) The Minister for Finance shall manage and control the investment account of the Fund.
(4) Save where otherwise specifically provided—
(a) sums payable into the Fund shall be paid into the current account of the Fund, and
(b) sums payable out of the Fund shall be paid out of that account.
(5) Moneys standing to the credit of the current account of the Fund and not required to meet current expenditure shall be transferred to the investment account of the Fund.
(6) Whenever the moneys in the current account of the Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of the Fund such sums as may be necessary for the purpose of discharging those liabilities.
(7) Subject to subsection (6), moneys standing to the credit of the investment account of the Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.
(8) An investment under subsection (7) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.
(9) (a) The amount by which the income of the Fund for any financial year is less than its expenditure shall be paid into the Fund out of moneys provided by the Oireachtas.
(b) The income and expenditure of the Fund for a financial year shall be determined for the purposes of this subsection by the Minister on such basis as may be agreed upon between him and the Minister for Finance.
(10) Any sum payable into the Fund under subsection (9) (a) shall be paid in such manner and at such times as the Minister for Finance may determine.
(11) Accounts of the Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.
num: 123
paragraphs: —(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.
(2) A payment shall not be made under subsection (1) save with the consent of the Minister for Finance.
(3) There shall be an investment return in respect of payments made out of the Fund under subsection (1) and such return shall be in the form of contributions to the Fund in respect of the payments made out of the Fund.
(4) The contributions to be made under subsection (3) shall be at rates to be agreed upon from time to time between the Minister and the Minister for Finance and shall be paid into the Fund out of moneys provided by the Oireachtas.
(5) The Minister may dispose of any lands, premises, furniture or equipment which he has acquired, constructed or reconstructed under this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.
(6) A disposal shall not be effected under subsection (5) save with the consent of the Minister for Finance.
num: 124
paragraphs: —Notwithstanding sections 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a), 195 (2), 196 (2) and 197 (2), only one increase of pension, benefit or allowance shall be payable in respect of a prescribed relative.
num: 125
paragraphs: —(1) In this section “benefit” means—
(a) disability benefit (including any amount payable by way of pay-related benefit where appropriate),
(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),
(c) injury benefit (including any amount payable by way of pay-related benefit where appropriate),
(d) old age (contributory) pension,
(e) retirement pension,
(f) invalidity pension,
(g) unemployment assistance under Part III ,
(h) pension under Chapter 3 of Part III .
(2) Notwithstanding any provisions to the contrary in this Part or Part III or regulations made thereunder—
(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by the adult dependant of benefit in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and
(b) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87 or death benefit under section 50 or 52 shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) except and to the extent that regulations otherwise provide.
num: 126
paragraphs: —Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part to be wholly or mainly maintaining another person.
num: 127
paragraphs: —(1) The Minister may arrange for the issue for the purposes of this Part of medical certificates or certificates of expected or actual confinement free of charge.
(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.
num: 128
paragraphs: —(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.
(2) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.
(3) For the purposes of this Part, any claim made by post shall be deemed to have been made on the day on which it was posted.
num: 129
paragraphs: —(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that person—
(a) is absent from the State, or
(b) is undergoing penal servitude, imprisonment or detention in legal custody.
(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 21 (1), 32 (1), 44 , 81 (1), 86 (1) or 91 (1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—
(a) is absent from the State, or
(b) is undergoing penal servitude, imprisonment or detention in legal custody.
(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.
(4) Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.
[1970, s. 12]
(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 83 as periods of retirement.
num: 130
paragraphs: —(1) Regulations may, in respect of cases in which—
(a) more than one benefit, or
(b) more than one assistance (other than supplementary welfare allowance), or
(c) any combination of the following—
(i) any benefit,
(ii) any assistance (other than supplementary welfare allowance), and
(iii) children's allowance
is payable to a person, provide for adjusting any such benefit, assistance or allowance (including disallowing payment thereof either wholly or partly) that may be payable to such person or for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received, or of sums payable by way of widow's (contributory) pension in respect of periods for which the person elects to receive widow's (non-contributory) pension.
(2) For the purposes of subsection (1), an increase of benefit may be regarded as a separate benefit, and any benefit, pension, allowance or assistance, as the case may be, payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to that person.
[ S.I. No. 168 of 1977 ]
(3) Regulations may provide—
(a) for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which benefit was not received, and
(b) for recoupment from moneys provided by the Oireachtas to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which unemployment assistance, old age or blind pension, or children's allowance was not received.
num: 131
paragraphs: —(1) Regulations may, in respect of cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—
(a) adjusting conditions for receipt of benefit,
(b) suspending the payment of benefit,
(c) reducing rates of benefit, or
(d) paying benefit otherwise than to that person
[1970, s. 13]
(2) Regulations may provide for adjusting any disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.
(3) Regulations may, in respect of cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—
(a) for adjusting disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or
(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.
(4) In subsection (3), the reference to a person being or having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.
[1960 AM, s. 19]
(5) Where a person who has attained pensionable age and is in receipt of a pension under Chapter 3 of Part III is awarded an old age (contributory) pension or a widow's (contributory) pension, any payment on foot of such first-mentioned pension in respect of a period in respect of which the old age (contributory) pension or the widow's (contributory) pension, as the case may be, is payable shall be treated as a payment on account of the old age (contributory) pension or the widow's (contributory) pension, as the case may be.
(6) Where a person who is in receipt of a pension under Chapter 3 of Part III is a person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1), any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension is so increased shall be treated as a payment on account of the old age (contributory) pension.
num: 132
paragraphs: —(1) Where an employer has failed or neglected—
(a) to pay any employment contribution which under this Part he is liable to pay in respect of an employed contributor in his employment, or
(b) to comply, in relation to any such employed contributor, with any requirement of this Part or regulations which relates to the payment or collection of employment contributions,
and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.
(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.
[1971, s. 9]
(3) Where, by virtue of regulations made under section 14 —
(a) employment contributions which have not been paid have been treated as paid, or
(b) employment contributions which have been paid late have been treated as paid on the due dates,
and by reason thereof benefit which would otherwise have been lost was paid, there shall be due to the Social Insurance Fund by the employer the amount of the benefit which would have been so lost.
(4) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Part in respect of the same failure or neglect.
[1966 MP, s. 8]
(5) In ascertaining, for the purposes of this section, the amount of benefit lost by an employed contributor or other person by reason of a failure or neglect referred to in subsection (1), account shall not be taken of any assistance paid to such contributor or other person during a period when he was losing benefit by reason of such failure or neglect.
(6) The amount of assistance paid to an employed contributor or other person during a period when he was losing benefit by reason of a failure or neglect referred to in subsection (1) may be recovered by the Minister—
(a) in case the full amount of the benefit which was lost has been recovered by such contributor or other person, from such contributor or other person—
(i) by deduction from any benefit or assistance to which such contributor or other person may be or become entitled, or
(ii) as a simple contract debt in any court of competent jurisdiction, or
(b) in any other case, from the employer guilty of the failure or neglect as a simple contract debt in any court of competent jurisdiction,
and, if the amount of the assistance is recovered by the Minister from the employer, the sum recoverable by such contributor
or other person from the employer under this section shall be reduced by the amount of such assistance.
(7) Any sums recovered by the Minister under subsection (6) shall be paid into the Exchequer.
(8) In this section “assistance” means an old age or blind pension, unemployment assistance or a widow's (non-contributory) pension; or an orphan's (non-contributory) pension under Part III .
num: 133
paragraphs: —(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before 5th January, 1953, under the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, (or any scheme under that Act) or the Widows' and Orphans' Pensions Act, 1935 , may continue to be insured under the provisions of this Part or otherwise to preserve the rights conferred on them by virtue of those enactments.
(2) Regulations under subsection (1) shall, in such manner and subject to such conditions as may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under this Part to take account of contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder.
[1952, s. 69]
(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act, 1952 , including, in particular, regulations providing—
(a) for modifying, as respects the period before 5th January, 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or
(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.
num: 134
paragraphs: —(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—
(a) unemployment assistance,
(b) old age pension,
(c) blind pension,
(d) widow's (non-contributory) pension,
(e) orphan's (non-contributory) pension,
(f) deserted wife's allowance,
(g) prisoner's wife's allowance,
(h) social assistance allowance,
(i) single woman's allowance,
(j) supplementary welfare allowance.
(2) Assistance, except supplementary welfare allowance, shall be paid out of moneys provided by the Oireachtas.
num: 135
paragraphs: —(1) For the purposes of this Chapter—
references to dependants shall, in relation to any person, be construed as references to adult dependants or to qualified children who normally reside with that person, as the case may require;
[1935 UA, s. 2]
“day” means a period of 24 hours from midnight to midnight or such other period of 24 hours as may, for any general or special purpose, be prescribed;
[1940 UA, s. 1]
“hereditaments” includes all lands, tenements, buildings, and other properties, corporeal or incorporeal, which are required by the Valuation Acts to be valued under those Acts, and also includes a part of any such property which is separately valued under those Acts;
“recipient” means a person entitled to unemployment assistance.
[1948, s. 31]
(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 20 weeks shall be treated as one continuous period of unemployment, and “continuously unemployed” shall be construed accordingly.
[1933 UA, s. 2]
(3) Subject to section 156 , each of the following shall be an urban area for the purposes of this Chapter—
(a) every county borough,
(b) the borough of Dun Laoghaire,
(c) every urban district the population of which (as shown by the census of population which is for the time being the latest such census) exceeds 7,000.
[1952, s. 100]
(4) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall be deemed to be resident or ordinarily resident in such urban area.
[1933 UA, s. 4]
(5) A person shall not be deemed to be unemployed within the meaning of this Chapter—
(a) on any day on which he works for wages or other remuneration, whether paid in money or in goods or otherwise howsoever, nor
(b) during any period which is in respect of such person an employment period within the meaning of this section.
(6) The Minister may by regulations made by him under this Chapter prescribe, either generally or in respect of any particular class or classes of persons or any particular district or districts, any period to be an employment period and accordingly no person of such class or resident in such district shall during such employment period be regarded as unemployed within the meaning of this Chapter.
num: 136
paragraphs: —(1) Any person may, subject to this section, apply in the prescribed manner for a qualification certificate.
(2) Where an application for a qualification certificate is duly made by a person and he shows in the prescribed manner that he fulfils the conditions, so far as they are applicable, stated in subsection (3), he shall be entitled to receive a certificate (in this Chapter referred to as a qualification certificate) certifying that he fulfils those conditions.
[1933 UA, s. 10; 1980, s. 8]
(3) The conditions referred to in subsection (2) as the conditions to be fulfilled by a person applying for a qualification certificate are—
(a) that he is at the date of the application resident in the State;
(b) that he has attained the age of 18 years and has not attained pensionable age;
(c) that his means, calculated in accordance with this Chapter, do not exceed an amount per annum equal to 52 times—
num: 137
paragraphs: —(1) Any person who is the holder of a qualification certificate may, subject to this section, apply in the prescribed manner for unemployment assistance.
(2) Where an application for unemployment assistance is duly made by a person for the time being entitled under subsection (1) to make such application and the person delivers to a deciding officer his qualification certificate and satisfies such officer in the prescribed manner that he complies with the statutory conditions, the person shall, so long as he continues to comply with the statutory conditions and is not disqualified under this Chapter for receiving unemployment assistance, be entitled, subject to the provisions of this Chapter, to receive payments (in this Chapter referred to as unemployment assistance) at such times, in such manner and at such rate as is or are or shall be appointed by or under this Chapter.
(3) When a person is for the time being in receipt of unemployment assistance, his qualification certificate shall be retained at the prescribed place, during the prescribed time and in the prescribed manner.
[1974 (No. 2), s. 10]
(4) Subject to section 125 , payment of unemployment assistance shall continue to be made for a period of 6 weeks after the date of death of a recipient who had an adult dependant.
num: 138
paragraphs: —(1) The following conditions are referred to in this Chapter as the statutory conditions and shall, subject to this Chapter (including this section) be the conditions to be complied with by the holder of a qualification certificate in order to entitle him to receive unemployment assistance—
(a) that he has made application for unemployment assistance in the prescribed manner and proves in the prescribed manner that since the date of his application for unemployment assistance he has been continuously unemployed;
(b) that he is capable of work and is available for and genuinely seeking but is unable to obtain employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances;
(c) that since his qualification certificate was issued to him he has not done anything and no change of circumstances or other event has occurred which would invalidate such certificate or would disentitle him to hold such certificate;
(d) if he has been duly required by a deciding officer to attend a course of instruction appointed or approved by regulations made under this Chapter, that he has duly attended the course in accordance with the requirement.
[1962 MP, s. 6]
(2) A person shall not be deemed to have failed to comply with the conditions set out at subsection (1) (a) and subsection (1) (b) by reason only of the fact that he is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) whether or not the course is a course in respect of which he is in receipt of a monetary training allowance paid by the organisation.
[1933 UA, s. 15]
(3) A person shall not be deemed to have failed to comply with the statutory conditions by reason only that he has declined an offer of employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.
num: 139
paragraphs: —Subject to section 140 , the rate (in this Chapter referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule , increased by—
(a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and
(b) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.
num: 140
paragraphs: —(1) Whenever a person is entitled under this Chapter to receive unemployment assistance, such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—
num: 141
paragraphs: —(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in the certificate or his means have increased in amount beyond the figure specified in the certificate as his means, the following provisions shall have effect—
(a) he shall within 7 days after such cesser or the date from which his means became so increased, inform a deciding officer of such cesser and the reason therefor or the increase (as the case may be), and
(b) if he fails or neglects to comply with the provisions of paragraph (a) he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.
(2) Whenever it is determined that any person was not entitled to receive his qualification certificate or hold a qualification certificate of the kind held by him, the holder of the certificate shall on demand by a deciding officer forthwith deliver the certificate to such officer.
(3) Every person who on demand being made to him by a deciding officer under subsection (2) for delivery of his qualification certificate fails to deliver forthwith the certificate to such officer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.
(4) Where a person is convicted of an offence under subsection (3) the court by which he is convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the qualification certificate in respect of which such offence was committed to a deciding officer.
num: 142
paragraphs: —(1) A person shall be disqualified for receiving unemployment assistance—
(a) while he is resident, whether temporarily or permanently, outside the State, or
(b) while he is undergoing penal servitude, imprisonment or detention in legal custody, or
(c) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or
(d) while he is in receipt of or entitled to a blind pension under section 175 , or any disability benefit, maternity allowance or unemployment benefit under Part II .
[1948, s. 35; 1967 MP, s. 15]
(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle OiliÃºna as suitable in his case shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Chapter from the date when he so lost or left his employment or so refused or failed.
[1933 UA, s. 16 (5); 1967 MP, s. 15 (a)]
(3) (a) A person who loses employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop or other premises at which he was employed, shall be disqualified for receiving unemployment assistance so long as the stoppage of work continues, except in the case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation.
(b) Paragraph (a) shall not apply to a person who—
(i) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and
(ii) does not belong to a grade or class of workers of which immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.
(4) Where separate branches of work which are commonly carried on as separate businesses in separate premises are in any case carried on in separate departments of the same premises, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory or workshop or separate premises, as the case may be.
[1935 UA, s. 10]
(5) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.
num: 143
paragraphs: —(1) Where a person applies in the prescribed manner for a qualification certificate and it is decided by a deciding officer or an appeals officer that the person is entitled to hold a qualification certificate—
(a) the decision shall, for the purposes of this Chapter, be deemed to have had effect as on and from the date of the making of the application or such subsequent date as may be appropriate, and
(b) the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision came into effect.
(2) The application for unemployment assistance of a person who becomes entitled to a qualification certificate may be deemed to have been made on the date from which the decision in relation to the application of the person for the certificate came into effect or such subsequent date as may be appropriate.
[1964 MP, s. 11]
(3) Where, as a result of a reversal or revision of a decision, a person becomes entitled to hold a qualification certificate under this Chapter, the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.
(4) Where, as a result of a reversal or revision of a decision, a qualification certificate issued to a person under this Chapter is revoked, the person shall, for the purposes of this Chapter, be deemed not to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.
(5) Where, as a result of a reversal or revision of a decision, the statement of the weekly rate of means contained in a qualification certificate issued to a person under this Chapter, is varied, the person shall, for the purposes of this Chapter, be deemed to have been the holder of such certificate as he is entitled to hold under the decision as so reversed or revised as on and from the date on which the decision as so reversed or revised came into effect.
(6) The application for unemployment assistance of a person who becomes entitled to a qualification certificate as a result of a reversal or revision of a decision may be deemed to have been made on the date from which the decision as so reversed or revised came into effect or on any subsequent date.
(7) In this section “decision” means a decision of a deciding officer or an appeals officer in relation to a qualification certificate under this Chapter.
[1935 UA, s. 12]
(8) Where it has been determined that the holder of a qualification certificate has not complied with the statutory condition contained in section 138 (1) (b) any subsequent application for unemployment assistance made by him before the expiration of 6 weeks from the date on which he so failed to comply with such statutory condition need not be determined under section 296 .
num: 144
paragraphs: —(1) If, for the purpose of obtaining for himself or any other person a qualification certificate or any payment of unemployment assistance or of avoiding the making by himself or any other person of any repayment under this Chapter, any person makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or conceals any material fact, he shall be guilty of an offence under this section and shall be liable—
(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
[1938 UA, s. 8; 1976 (No. 2), s. 9]
(2) Where a person (in this section referred to as the employer) aids, abets, counsels or procures a person (in this section referred to as the employee) employed by him to commit an offence under subsection (1) or conspires with the employee for the commission by the employee of an offence under that subsection, the employer shall be guilty of an offence under this section and shall be liable—
(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
[1961 MP, ss. 10, 14]
(3) A person convicted of an offence under this section shall—
(a) if the offence is in relation to the payment or repayment of unemployment assistance, be disqualified for the receipt of unemployment assistance for a period of six months immediately following the date of the conviction, and
(b) if the offence is in relation to a qualification certificate, be disqualified for obtaining or holding a qualification certificate for a period of six months immediately following the date of the conviction.
[1976 (No. 2), s. 12]
(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.
num: 145
paragraphs: —(1) Proceedings for an offence under any section of this Chapter shall not be instituted except by or with the consent of the Minister.
(2) A prosecution for an offence under any section of this Chapter may be brought at the suit of the Minister.
(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
[1935 UA, s. 18]
(4) The wife or husband of a person charged with an offence under this Chapter may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924 , be called as a witness either for the prosecution or the defence and without the consent of the person charged.
[1976 (No. 2), s.11]
(5) Where, in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for unemployment assistance, and
(b) that as a result of that application unemployment assistance has been paid to any person (whether or not such assistance was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
num: 146
paragraphs: —(1) In the calculation of the means of a person for the purpose of this Chapter, the following things and no others shall be deemed to constitute the means of the person—
(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;
(b) all income which he may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—
(i) any income or money coming within any other paragraph of this subsection,
(ii) all moneys earned by him in respect of current personal employment under a contract of service,
(iii) any moneys received by way of unemployment assistance under this Chapter,
[ S.I. No. 168 of 1977 ]
(iv) any moneys received by way of supplementary welfare allowance,
[1952, Sch. 6; 1944 CA, s. 15; 1973, s. 18]
(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit or children's allowance,
[1960 MP, s. 10]
(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools.
(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,
[1968 MP, s. 13]
(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from 23rd April, 1916, to 30th September 1923,
[1962 MP, s. 7]
(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),
num: 147
paragraphs: —(1) Subject to subsection (5), the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 146 (1) (c), be deemed to be an amount calculated—
(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of £1 of the valuation,
(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of £1 of the valuation,
(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of £1 of the valuation,
[1977, s. 5]
(d) in accordance with the provisions of Regulation 3 (3) of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934) in any case where the valuation exceeds £20.
[1976, s. 4]
(2) (a) The Government may from time to time by order vary a rate specified in subsection (1) or a rateable valuation so specified in relation to such a rate, and may by order provide for a further rate or rates in addition to those provided for in that subsection and specify a further valuation or further valuations in relation to such rate or rates.
(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.
(3) (a) The Government may from time to time by order specify areas for the purposes of subsection (1).
(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.
(4) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of any thing previously done thereunder.
[1979, s. 5]
(5) Notwithstanding subsections (1) to (4), a person residing in an area standing specified in an order under subsection (3) may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 146 (1) (c), in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934, (S.R. & O., No. 34 of 1934).
num: 148
paragraphs: —(1) The Minister may make regulations prescribing any matter or thing which is expressly authorised by this Chapter to be prescribed by regulations made by him under this Chapter.
(2) Regulations made by the Minister under this section prescribing a form of application for any purpose under this Chapter may require that all or any of the statements made by the applicant in such form be verified by statutory declaration.
[1933 UA, s. 8]
(3) Where any regulations made under this section require all or any of the statements made by an applicant in a form of application prescribed by such regulations for any purpose under this Chapter to be verified by statutory declaration, such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister authorised by the Minister in that behalf.
[1952, s. 101]
(4) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 295 , 296 , 297 , 298 , 299 and 300 to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .
num: 149
paragraphs: —The Minister may—
(a) by regulations provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of such applicant;
[1933 UA, s. 22]
(b) by regulations make provision after consultation with the Minister for Education for the attendance of unemployed persons at courses of instruction in pursuance of requisitions by deciding officers and may by such regulations appoint or approve of courses of instruction for that purpose;
[1940 UA, s. 6]
(c) prescribe either generally or in respect of any particular class or classes of persons or any particular district or districts that, where a person is employed to work continuously from a time on one day until a time on the next following day, that person shall be regarded, for the purposes of this Chapter as being, by virtue of such employment, employed only on such one of those days as shall be prescribed.
num: 150
paragraphs: —(1) The following provisions shall have effect in relation to the payment of unemployment assistance—
(a) no unemployment assistance shall be payable in respect of the first 3 days of continuous unemployment in any continuous period of unemployment;
(b) no unemployment assistance shall be paid for any period less than one day;
(c) for the purposes of this section, no time prior to the relevant application for unemployment assistance shall be reckoned as, or as part of, a period of unemployment;
(d) no time during which a person is disqualified for receiving unemployment assistance shall be reckoned in the computation of any period of unemployment of such person;
(e) subject to the provisions of this Chapter (including this section), unemployment assistance shall be paid at the prescribed times and in the prescribed manner.
[1960 MP, s. 11; 1974 (No. 2), s. 25]
(2) Subsection (1) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 20 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—
(a) by reason of having, by virtue of section 34 (1), exhausted his title to such benefit, or
(b) if the person is over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 30 (1) (b).
num: 151
paragraphs: —(1) Every payment of unemployment assistance received by any person while he was disqualified for receiving unemployment assistance or the statutory conditions were not complied with by him or which he was otherwise disentitled to receive shall be repayable by such person to the Minister on demand made in that behalf by a deciding officer and, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of unemployment assistance to which such person subsequently becomes entitled.
(2) Every sum repaid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
num: 152
paragraphs: —Where—
(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to unemployment assistance, is not at that time receiving payments on account thereof, and
(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of unemployment assistance, and
(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of unemployment assistance subsequently becomes payable to that person, and
(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,
the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to the health board the amount so deducted.
num: 153
paragraphs: —(1) In every financial year there shall be paid to the Minister, in such manner as he may direct, the following sums—
(a) by the corporation of every county borough and of the borough of DÃºn Laoghaire, a sum equal to one-sixth of 49p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such county borough or the borough of DÃºn Laoghaire, as the case may be;
(b) by the corporation or council, as the case may be, of every urban area (other than an urban area which is a county borough or the borough of DÃºn Laoghaire) a sum equal to one quarter of 15p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such urban area.
[1940 UA, s. 2; 1971 LG, s. 1]
(2) (a) In subsection (1) “rateable value” means in relation to any urban area the aggregate amount of the valuations under the Valuation Acts of all hereditaments situate in that urban area in respect of which any rate is payable or, in the case of an unoccupied hereditament, would be payable if the hereditament were occupied, whether such rate is payable to the corporation or the council of the said urban area or to some other authority having power by statute to make and levy rates, and whether such rate is, in the case of any particular hereditament, payable on the valuation thereof under the said Acts or on a fraction of that valuation.
[ S.I. No. 215 of 1974 ]
(b) Whenever the rateable value of an urban area at the beginning of a financial year is being calculated for the purposes of this section, regard shall be had to all appeals under the Valuation Acts determined on or before the 31st day of March in the next following financial year and no regard shall be had to any such appeal determined after that date.
[ S.I. No. 215 of 1974 ]
(3) It shall be the duty of every corporation or council, as the case may be, by whom money is payable to the Minister under this section in a local financial year to pay such money to the Minister in four equal instalments, on 31st March, 30th June, 30th September, and 31st December in such year.
(4) Any money payable to the Minister under this section shall be raised by means of the municipal rate.
[1933 UA, s. 26]
(5) Where, under this section, any money is due and payable to the Minister by a local authority, the amount thereof may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.
[1933 UA, s. 27]
(6) Any moneys transferred or paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
num: 154
paragraphs: —(1) The Commissioner of Valuation shall, whenever so requested by the Minister, furnish to the Minister a certificate stating, with due regard to the provisions of this Chapter, the rateable value for the purposes of section 153 at the beginning of any particular financial year specified in such request of any particular urban area so specified.
(2) A certificate furnished by the Commissioner of Valuation to the Minister in pursuance of this section shall be conclusive evidence for the purposes of this Chapter of the rateable value of the urban area to which such certificate relates at the beginning of the financial year specified in that behalf in such certificate.
[1960 MP, s. 12]
(3) Where the Commissioner of Valuation is satisfied that any certificate furnished by him under this section or amended by him under this subsection is erroneous, by reason of a mistake in relation to any matter of law or fact to which regard was had by the Commissioner in the drawing up of the certificate, or in the light of any matter of fact which has come to his notice since the furnishing of the certificate, the Commissioner may amend the certificate for the purpose of correcting the error therein and subsection (2) shall have effect in relation to a certificate amended under this subsection as if the references therein to a certificate were references to a certificate amended under this subsection.
num: 155
paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, by order, made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of any urban district the population of which (as shown by the census of population which is for the time being the latest such census) does not exceed 7,000, direct that such urban district shall be an urban area on the 1st day of January next after the date of such order for the purposes of this Chapter, and upon such order being so made such urban district shall be and continue to be an urban area for those purposes until otherwise provided by an order under subsection (2).
(2) Whenever the Minister has made an order under subsection (1) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of such urban district, direct that such urban district shall on the 1st day of January next after the date of such order cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.
num: 156
paragraphs: —(1) For the purpose of determining the census of population which is the latest such census for the purposes of sections 135 (3) (c) and 155 the Minister shall, whenever a census of population has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for those pur poses, but not further or otherwise, to have been taken on the date of publication so certified in respect thereof.
(2) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census to exceed 7,000 does not exceed 7,000, the following provisions shall have effect—
(a) such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) cease on the said 1st day of January to be an urban area for those purposes;
(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue to be an urban area for those purposes until otherwise provided by an order under paragraph (c);
(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.
(3) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census not to exceed 7,000 exceeds 7,000, the following provisions shall have effect—
(a) such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) become on the said 1st day of January an urban area for those purposes;
(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue not to be an urban area for those purposes until otherwise provided by an order under paragraph (c);
(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, become an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall become on the said 1st day of January an urban area for those purposes.
num: 157
paragraphs: —For the purposes of this Chapter—
“qualified child” in relation to a claimant or pensioner means—
(a) a qualified child, as defined in section 2 (1), who normally resides with the claimant or pensioner, or
(b) where the claimant or pensioner is a woman who is not a widow, a qualified child, as so defined, who normally resides with the husband of the claimant or pensioner or with the head of the household in which she resides, or
(c) where the claimant or pensioner is a widow—
(i) a qualified child, as so defined, or
(ii) a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child, as so defined,
who normally resides with her;
[1952, s. 77]
“weekly means” shall be the yearly means divided by 52.
num: 158
paragraphs: —(1) Every person in whose case the conditions laid down by this Chapter for the receipt of an old age pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.
[1974 (No. 2), s. 10]
(2) Subject to section 125 , payment of the pension shall continue to be made for a period of 6 weeks after the date of death of a pensioner who had an increase under section 162 (1) (d).
num: 159
paragraphs: —(1) The statutory conditions for the receipt of an old age pension by any person are—
(a) the person must have attained pensionable age;
(b) the person must satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years; and
[1924 OAP, s. 8; 1980, s. 3]
num: 160
paragraphs: —Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 81 (1) and would but for section 163 (4), (5) and (6) be qualified for the receipt of an old age pension—
(a) the person may, notwithstanding anything contained in the said section 163 (4), (5) and (6), be paid the old age pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and
(b) in any case where the old age pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—
(i) shall not be paid to or in respect of the person, and
(ii) shall be paid out of the Social Insurance Fund to the Exchequer.
num: 161
paragraphs: —(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.
(2) The pension shall be payable—
num: 162
paragraphs: —(1) The weekly rate of old age pension payable in accordance with section 161 shall be increased—
num: 163
paragraphs: —(1) A sum shall not be paid on account of an old age pension—
(a) to any person while absent from the State, or
(b) if payment of the sum is not obtained within 3 months or, in any case where the Minister so thinks fit, 6 months after the date on which it has become payable.
[1960 MP, s. 6]
(2) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age pension, payment of the pension may, notwithstanding anything contained in subsection (1) (a) but subject to subsection (1).(b), be made until either—
(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or
(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,
whichever should first occur.
[1908 OAP, s. 3; 1919 OAP, s. 10]
(3) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age pension while he is detained in prison in consequence of the order.
[1960 AM, s. 20]
(4) Except as provided in section 160 , receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age pension.
(5) A person to whom benefit under section 87 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1) shall, except as provided in section 160 , be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age pension.
[1974 (No. 2), s. 22]
(6) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 160 , be disqualified for receiving old age pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.
num: 164
paragraphs: —(1) All claims for old age pensions and all questions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or continuing to receive a pension, shall be considered and determined as follows—
(a) any such claim or question shall stand referred to the appropriate local pension committee within the meaning of section 165 (1), and the committee shall (except in the case of a question which has been originated by the social welfare officer and on which the committee have already received his report), before considering the claim or question, refer it for report and inquiry to the social welfare officer;
(b) the appropriate social welfare officer appointed under section 165 (4) shall inquire into and report upon any claim or question so referred to him, and the local pension committee shall, on the receipt of the report of the said officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question.
(2) The decision of the local pension committee on any claim or question which is not referred to an appeals officer shall be final and conclusive.
[1978, s. 21]
(3) Notwithstanding anything in this Chapter, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer.
num: 165
paragraphs: —(1) The local pension committee shall be a committee appointed for every borough and urban district, having a population according to the last published census for the time being of 10,000 or over, and for every county (excluding the area of any such borough or district), by the council of the borough, district or county. The persons appointed to be members of a local pension committee need not be members of the council by which they are appointed.
(2) A local pension committee may appoint such and so many sub-committees, consisting either wholly or partly of the members of the committee as the committee think fit, and a local pension committee may delegate, either absolutely or under such conditions as they think fit, to any such sub-committee any powers and duties of the local pension committee under this Chapter.
(3) Any reference in this Chapter to pension authorities shall be construed as a reference to the social welfare officer, the local pension committee and the appeals officer, or to any one of them, as the case requires.
[1908 OAP, s. 8 (4); S.R. & O. No. 18 of 1947; 1960 MP, s. 24]
(4) Social welfare officers shall be appointed by the Minister and the Minister may appoint such number of those officers as he thinks fit to act for such areas as he directs.
num: 166
paragraphs: —(1) An application may be made at any time to alter or revoke a provisional allowance of a claim for an old age pension, and the following questions may be raised at any time—
(a) whether at any time or during any period a person has been in receipt of old age pension when the statutory conditions were not fulfilled, or when he was disqualified for receiving the pension; and
(b) whether a person has been at any time or during any period in receipt of old age pension at a certain rate when his means exceeded the amount which justified the payment of a pension at that rate, and, if so, at what rate the pension (if any) should have been paid, and
(c) whether a person who is in receipt of old age pension at a certain rate is, having regard to his means, entitled to pension at a higher or a lower rate, and, if so, at what rate the pension (if any) should be paid.
(2) Section 164 shall apply to any such question or application as it applies to the questions mentioned in that section.
(3) Any such question may be raised notwithstanding that the deciding of the question involves a decision as to the correctness of a former decision of the local pension committee or the appeals officer, as the case may be, but, where by a later decision a former decision is reversed, a person who has received any sums on account of an old age pension in accordance with the former decision shall, not-withstanding anything in section 169 (3), in the absence of any fraud on his part, be entitled to retain any sum so received up to the date of the later decision which he would have been entitled to retain but for the reversal of the former decision.
(4) Where a question is raised as to the disqualification of a person to receive old age pension and it is alleged that the disqualification has arisen since the person has been in receipt of the pension, and that the disqualification is continuing at the time the question is raised, or, if it has ceased, has ceased less than three weeks before that time, the payment of the pension shall be discontinued, and no sum shall be paid to the pensioner on account of the pension after the date on which the question is raised: provided that, if the question is decided in favour of the pensioner, he shall be entitled to receive all sums which would have been payable to him if the question had not been raised.
(5) If the decision on any question involves the discontinuance of old age pension, or the reduction of the rate at which the pension is paid, or if, in a case where the payment of the pension has been discontinued on the raising of the question, the question is not decided in favour of the pensioner, the person in respect of whose pension the decision is given shall not be entitled to receive a pension or to receive a pension at a rate higher than that determined by the committee or the appeals officer, as the case may be, notwithstanding any change of circumstances, unless he makes a fresh claim for the purpose and the claim is allowed or, in a case where he alleges that he is entitled to receive a pension at a higher rate, raises a question for the purpose and the pension is allowed at a higher rate.
num: 167
paragraphs: —(1) Old age pension, subject to any directions of the Minister in special cases, shall be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.
[1919 OAP, s. 6]
(2) Subject to regulations under section 170 (4) where old age pension is first allowed, the pension shall commence to accrue, and where, by virtue of a decision on any question which has been raised, a pension becomes payable at an increased rate, the pension shall become payable at the increased rate, on the first Friday after the date on which the claim for the pension is received by the social welfare officer or on which the notice of the question is received by the said officer, as the case may be, or on the first Friday after the date on which the claimant or the pensioner first becomes entitled to the pension or on which the pension first becomes payable at the increased rate, whichever is the later, or, if the later of those two dates is a Friday, on that Friday.
(3) Where a public holiday within the meaning of the Holidays (Employees) Act, 1973 , falls on a Friday, the Minister may, if he thinks fit, direct that sums payable by way of old age pensions on that Friday shall be paid on some other day, whether earlier or later.
num: 168
paragraphs: —(1) Proceedings for an offence under this Chapter or under regulations made under this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.
(2) A prosecution for an offence under this Chapter or under regulations made under this Chapter may be brought at the suit of the Minister.
(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof.
(5) Where in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for old age pension, and
(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
num: 169
paragraphs: —(1) Every person—
(a) who for the purpose of obtaining or continuing old age pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension, either for himself or for any other person, which is of an amount in excess of the amount appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any fact which is to his knowledge material, or
(b) who knowingly obtains payment of, or continues to receive, a pension which he is not entitled to receive or which is of an amount in excess of the amount which he is entitled to receive,
shall be guilty of an offence under this section and shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(2) A person convicted of an offence under subsection (1) shall be disqualified for receipt of old age pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.
[1908 OAP, s. 9]
(3) If it is found at any time that a person has been in receipt of old age pension while the statutory conditions were not fulfilled in his case or while he was disqualified for receiving the pension, he or, in the case of his death, his personal representative, shall be liable to repay to the Minister any sums paid to him in respect of the pension while the statutory conditions were not fulfilled or while he was disqualified for receiving the pension, and the amount of those sums may be recovered as a debt due to the State.
[1976 (No. 2), s. 12]
(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.
[1911 OAP, s. 7]
(5) Subsection (3) shall apply, with the necessary modifications, to cases where an old age pension is received at a higher rate than that appropriate to the case as it applies to cases where a person has been in receipt of an old age pension while the statutory conditions were not fulfilled.
(6) For the purposes of subsections (3), (5), (7) and this subsection, any decision of the local pension committee under section 164 on any question which is not referred to an appeals officer and the decision of the said appeals officer on any question which is referred to him in accordance with section 298 shall be conclusive proof of any matters decided by the committee or the said officer. A copy of any decision of the local pension committee or an appeals officer, if authenticated as provided by regulations made for the purpose under section 170 , shall be received in evidence.
(7) Where any person who is in receipt of old age pension is liable to repay to the Minister any sums under subsection (3) in consequence of the finding of a local pension committee, or an appeals officer in the case of a question referred to him, the Minister shall be entitled, without prejudice to his powers under that subsection, to direct the deduction of those sums from any sums to which that person becomes entitled on account of old age pension, as provided by regulations made for the purpose under section 170 : provided that, in the case of a personal representative, the deduction shall only be made from any sums to which that person becomes entitled as a personal representative.
[1961 MP, s. 7]
(8) The power conferred on the Minister by subsection (7) may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to repay to the Minister as aforesaid, and any costs required by the order aforesaid to be paid to the Minister shall be deemed, for the purposes of the said subsection (7), to be sums which the person is liable to repay to the Minister under subsection (3).
[1960 MP, s. 21]
(9) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person old age pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.
[1960 MP, s. 23]
(10) Any debt due to the State or the Minister under this Chapter in respect of payments of old age pensions to persons at times when they were not entitled to receive them or payments of pensions to persons of amounts in excess of the amounts which they were entitled to receive may, without prejudice to any other remedy, be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
num: 170
paragraphs: —(1) The Minister, in conjunction with the Minister for Posts and Telegraphs (so far as relates to the Post Office), may make regulations for the purposes of this Chapter—
(a) specifying the evidence to be required as to the fulfilment of statutory conditions;
(b) specifying the manner in which claims to pensions may be made, and the procedure to be followed on the consideration and determination of claims and questions to be considered and determined by social welfare officers and local pension committees or by an appeals officer, and the mode in which any question may be raised as to the continuance, in the case of a pensioner, of the fulfilment of the statutory conditions, and as to the disqualification of a pensioner; and
(c) as to the number, quorum, term of office and proceedings generally of the local pension committee and the use by the committee, with or without payment, of any offices of a local authority, and the provision to be made for the immediate payment of any expenses of the committee which are ultimately to be paid by the Minister.
[1961 MP, s. 6]
(2) The regulations shall provide for enabling claimants for pensions to make their claims and obtain information as respects old age pensions under this Chapter through the Post Office, and for provisionally allowing claims to pensions before the date on which the claimant will become actually entitled to the pension, in such manner and subject to such conditions as may be laid down by the regulations, and for making the procedure for considering and determining on any claim for a pension or question with respect to an old age pension under this Chapter as simple as possible.
[1919 OAP, s. 7]
(3) Regulations may also be made for enabling a local pension committee to appoint a person to exercise on behalf of any claimant or pensioner who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or pensioner may be entitled under this Chapter and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or pensioner any sums payable by way of old age pension.
[1952, s. 84]
(4) Regulations may apply any of the provisions of or made under sections 112 , 113 , 128 , 297 , 298 , 299 and 300 to pensions under this Chapter, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .
num: 171
paragraphs: —(1) Subject to subsection (2), the whole of any amounts payable on foot of old age pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 , or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.
[1965 MP, s. 11; 1969 MP, s. 17]
(2) Where the old age pension of a person is appropriated under subsection(1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—
(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,
(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.
num: 172
paragraphs: —(1) Where—
(a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and
(b) (i) the income in cash of the person, or
(ii) the amount of property belonging to or personally used or enjoyed by the person,
has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim, the person shall, before the expiration of the period of 3 months after the end of the month in which such increase occurred, give, or cause to be given, to a social welfare officer notification of the increase.
(2) A person who contravenes subsection (1) or, in case he is dead, his personal representative shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in section 166 (3), be liable to pay the Minister on demand—
(a) if, by reason of the contravention, the person was in receipt of old age pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and
(b) if, by reason of the contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.
(3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.
[1979, s. 27]
(4) Where a person has contravened subsection (1) and the Minister is satisfied that there was, in relation to the contravention, no fraudulent intent on the part of the person and that there are no significant resources available to that person, subsections (2) and (3) shall not apply in relation to the increase referred to in subsection (1).
num: 173
paragraphs: —(1) A person who is in receipt of old age pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than 30 days) as may be specified in the request—
(a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and
(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.
(2) Where a person who is in receipt of old age pension fails to comply with a request under subsection (1), the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and
(a) the suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—
(i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,
(ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and
(iii) that, if the authorisation referred to in subsection (1) (b) was requested, such authorisation has been given,
(b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c), such payment (if any) as may be made to him under that paragraph, and
(c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.
num: 174
paragraphs: —(1) The personal representative of a person who at any time was in receipt of old age pension, shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than 30 days) as may be specified in the request—
(a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and
(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.
(2) A person who fails to comply with a request under subsection (1) shall be guilty of an offence under this section and shall be liable—
(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
[1960 MP, s. 19]
(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person inform the Minister, by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.
(4) A personal representative who contravenes subsection (3) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—
(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or
(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,
shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.
num: 175
paragraphs: —(1) Every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as a blind pension) as under this Chapter he would be entitled to receive if he had attained pensionable age, and the provisions of this Chapter and of section 4 as to expenses shall apply in all respects in the case of such person subject to the following modifications—
(a) for the statutory condition contained in section 159 (1) (a) there shall be substituted the condition that the person must be a person who has attained the age of 18 years and satisfies the pension authorities that he is so blind that either he cannot perform any work for which eyesight is essential or that he cannot continue his ordinary occupation; and
(b) for the statutory condition contained in section 159 (1) (b) there shall be substituted the condition that the person shall satisfy the pension authorities that, since reaching the age of 10 years, he has had his residence in the State for an aggregate period of 5 years, and the provisions of section 159 (2) in relation to the interpretation of section 159 (1) shall apply to the interpretation of the condition imposed by this paragraph.
(2) A blind person in respect of whom a pension is payable under this section shall not be a qualified child for the purposes of this Act.
num: 176
paragraphs: —(1) For the purposes of this Chapter—
“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;
“husband”, in relation to a woman who has been married more than once, refers only to her last husband;
“pension” means a widow's (non-contributory) pension or an orphan's (non-contributory) pension under this Chapter as the case may require;
[1952, s. 105 (2); 1980, s. 11]
num: 177
paragraphs: —(1) Subject to this Act, a widow's (non-contributory) pension shall be payable to a widow.
(2) A woman whose husband dies while she is in receipt of or entitled to deserted wife's allowance shall, subject to the provisions of this Chapter, in lieu of that allowance, be entitled to a widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.
[1935 WOPS, s. 22; 1979, s. 7]
(3) A widow's (non-contributory) pension payable to a widow shall, subject to this Chapter, continue to be payable unless she remarries and in such a case the pension shall cease as on and from her remarriage.
num: 178
paragraphs: —(1) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the widow.
(2) A widow's (non-contributory) pension shall be payable—
num: 179
paragraphs: —The weekly rate of pension payable in accordance with section 178 shall be increased—
num: 180
paragraphs: —(1) Except where regulations otherwise provide, a widow shall be disqualified for receiving a widow's (non-contributory) pension (including any increase for a qualified child) for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.
(2) Regulations may provide for the suspension of payment of pension to or in respect of any widow during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.
(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a pension which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.
(4) A widow shall not, if and so long as she and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of a widow's (non-contributory) pension.
num: 181
paragraphs: —(1) Where, under this Chapter, a widow would, but for this subsection, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, the widow's (non-contributory) pension shall not be payable except insofar as is provided by regulations under section 130 .
(2) Not more than one widow's (contributory) pension or widow's (non-contributory) pension shall be payable to any one widow.
num: 182
paragraphs: —(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.
(2) Not more than one pension shall be payable in respect of any one orphan.
(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 95 (1) or 178 (1) is claimable.
num: 183
paragraphs: —The weekly rate of orphan's (non-contributory) pension shall be—
num: 184
paragraphs: —For the purpose of this Chapter, any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.
num: 185
paragraphs: —(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of this Chapter.
(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a pension and any question arising on or in relation to a pension which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a claimant for a pension or a pensioner or any employer of the claimant or pensioner to furnish him with such information and to produce to him for inspection such documents relative to that claimant or pensioner as he may reasonably require.
(3) If a person, being a claimant for a pension or a pensioner or the employer of a claimant for a pension or a pensioner, fails to furnish to a social welfare officer such information as he is required by this section to furnish to him or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to him, the person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.
num: 186
paragraphs: —(1) Where during any period a person is resident outside the State, the following provisions shall have effect—
(a) a pension shall not be granted to or in respect of that person,
(b) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.
(2) Nothing contained in subsection (1) shall operate to prevent, in the case of a person resident for any period outside the State—
(a) a pension being granted to or in respect of that person if a claim for that pension was made prior to that person becoming so resident, or
(b) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or
(c) any arrears of a pension granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid.
num: 187
paragraphs: —(1) Subject to regulations under section 189 (3), where a person becomes entitled to a pension, the following provisions shall have effect—
(a) in case a claim thereto is made before the expiration of three months after the date on which the person becomes entitled thereto, the pension shall commence to accrue on that date,
(b) in any other case, the pension shall commence to accrue on the date on which the claim is made.
(2) Where the date on which a pension would begin to accrue under subsection (1) is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions of that class are to be made, the pension shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned day.
num: 188
paragraphs: —(1) Every person—
(a) who, for the purpose of obtaining or continuing a pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or
(b) who knowingly obtains payment of, or continues to receive, a pension which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or
(c) who knowingly obtains or receives any payment on account of a pension which for any reason whatsoever is not payable to him,
shall be guilty of an offence under this section and shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(2) A person convicted of an offence under subsection (1) in relation to a widow's (non-contributory) pension shall be disqualified for receipt of such pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.
(3) This section shall apply with the necessary modification in the case of a person to whom a pension or an increase in respect of a qualified child is paid under any of the provisions of this Chapter for or for the benefit of any person.
[1976 (No. 2), s. 5]
(4) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
[1976 (No. 2), s. 11]
(5) Where in a prosecution for an offence under this Chapter, or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for pension, and
(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
[1960 MP, s. 21]
(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.
[1976 (No. 2), s. 12]
(7) Regulations under this Chapter may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.
num: 189
paragraphs: —(1) The Minister may make regulations—
(a) specifying the manner in which claims to pensions may be made, and the manner in which pensions are to be paid;
(b) specifying the procedure to be followed on references under this Chapter, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856 , and for excluding the application of any of the other provisions of that Act;
(c) authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;
(d) enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under this Chapter, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension;
(e) providing that, notwithstanding anything contained in section 190 or 191 relating to time limit for obtaining payments on account of pensions, but subject to the regulations—
(i) in the case of the death of a person who was in receipt of a pension, payment may be made of any sum which became payable within three months before the date of his death on account of the pension, but has not been paid; and
(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension up to the date of his death;
(f) providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e) and that any such sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.
(2) Regulations under this section specifying the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs.
[1952, s. 121]
(3) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 129 , 295 , 296 , 297 , 298 , 299 and 300 to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .
num: 190
paragraphs: —(1) Subject to subsection (2), a widow's (non-contributory) pension shall be paid to the pensioner.
(2) The Minister may, in his discretion, from time to time, direct either—
(a) that a pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner, and that any increase in respect of a qualified child, being part of such pension, shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that increase is payable, or
(b) that any amount in respect of a qualified child shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom that amount is payable.
[1935 WOPS, s. 37]
(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.
[1935 WOPS, s. 36; 1979, s. 7]
(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, the pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.
[1935 WOPS, s. 31; S.I. No. 25 of 1953 ]
(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O, No. 678 of 1935).
num: 191
paragraphs: —(1) Subject to this section, an orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom such pension is payable.
(2) The Minister may, if he considers it advisable so to do, direct that a pension shall, in lieu of being paid to the guardian of the orphan in respect of whom such pension is payable, be paid to some other person for the benefit of the orphan.
[1935 WOPS, s. 37]
(3) A pension shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.
[1935 WOPS, s. 36; 1937 WOPS, s. 20]
(4) Where the date on which a pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, such pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.
[1935 WOPS, s. 31; S.I. No. 25 of 1953 ]
(5) The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within 3 months or, where in any particular case the Minister so approves, 6 months from the date on which that sum is receivable under Article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O., No. 678 of 1935).
num: 192
paragraphs: —(1) If it is found at any time that a person has been in receipt of a pension during any period during which that person was not entitled thereto, or has been in receipt of a pension at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the pension during such period or, as the case may be, a sum representing the difference between a pension at the rate actually paid and a pension at the rate appropriate to the case.
(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension to which the person subsequently becomes entitled.
[1952, s. 61]
(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(4) This section shall apply with the necessary modifications in the case of a person to whom a pension is paid under any of the provisions of this Chapter for or for the benefit of any person.
[1961 MP, s. 12]
(5) The power conferred on the Minister by this section to deduct from any payments on account of a pension to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.
num: 193
paragraphs: —Where—
(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and
(b) the unemployment assistance would not have been paid if that person had then been receiving payment on account of the pension, and
(c) any sum (in this section referred to as the arrears) accruing in respect of any part of the said period on account of the pension subsequently becomes payable to that person, the Minister may reduce the arrears by an amount not exceeding the amount paid by way of unemployment assistance.
num: 194
paragraphs: —(1) Where—
(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and
(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and
(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and
(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred (to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,
[1952, s. 61]
the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.
(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under this Chapter or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.
num: 195
paragraphs: —(1) A deserted wife's allowance shall, subject to regulations, be paid to a woman—
(a) who has been deserted by her husband,
(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and
(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.
(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.
(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .
(4) The Minister may make regulations in relation to deserted wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—
(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,
(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and
(c) in applying the provisions of section 300 , provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.
num: 196
paragraphs: —(1) A prisoner's wife's allowance shall, subject to regulations, be paid to a woman—
(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,
(b) who, if she is less than 40 years of age, has at least one qualified child residing with her, and
(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.
(2) The rate of a prisoner's wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.
[1979, s. 8]
(3) A prisoner's wife's allowance shall continue to be paid for a period of 4 weeks after the release of the prisoner from a prison or place of detention.
(4) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .
(5) The Minister may make regulations in relation to prisoner's wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I II and VIII .
num: 197
paragraphs: —(1) A social assistance allowance shall, subject to regulations, be paid to a woman—
(a) who is unmarried,
(b) who has at least one qualified child residing with her, and
(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.
(2) The rate of a social assistance allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.
(3) A child shall be a qualified child for the purposes of this section in relation to a woman if she is the mother of the child and if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .
(4) The Minister may make regulations in relation to a social assistance allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—
(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as being an unmarried mother,
(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and
(c) in applying the provisions of section 300 provide, notwithstanding anything contained in that section, that in any case in which a social assistance allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.
num: 198
paragraphs: —(1) A single woman's allowance shall, subject to regulations, be paid to a woman—
(a) who is single,
(b) who has attained the age of 58 years but has not attained pensionable age, and
(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.
[1980, s. 13]
(2) A single woman's allowance shall be payable—
num: 199
paragraphs: —In this Chapter—
“the Act of 1939” means the Public Assistance Act, 1939 ;
“child dependant” means, in relation to a recipient, any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent on that recipient for support;
“home assistance” means home assistance within the meaning of the Act of 1939;
“public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960 , and section 84 of the Health Act, 1970 ;
“recipient” means a person entitled to supplementary welfare allowance;
“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.
num: 200
paragraphs: —Subject to this Chapter, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.
num: 201
paragraphs: —(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.
(2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.
(3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.
num: 202
paragraphs: —(1) Subject to subsections (2) and (3), a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.
(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.
(3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.
num: 203
paragraphs: —(1) In any case where, by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.
(2) Subsection (1) shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.
(3) In this section—
“place of employment” in relation to any person, means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be;
“trade dispute” has the meaning assigned by section 35 (6).
num: 204
paragraphs: —(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of the functions relating to supplementary welfare allowance and other functions performable under this Chapter.
(2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with this Chapter, to be due to such person.
(3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.
(4) Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 205 , be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board.
num: 205
paragraphs: —(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.
(2) The Minister may by regulations made under section 219 provide for the making and determination of appeals under this section.
num: 206
paragraphs: —A health board may, subject to regulations made by the Minister under section 219 , determine that a person shall not be entitled to supplementary welfare allowance unless—
(a) he is registered for employment in such manner as the Minister may prescribe, and
(b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.
num: 207
paragraphs: —(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—
(a) the weekly needs of a person shall, subject to any payment pursuant to section 209 , be taken to be—
(i) in the case of a person who has no means, the amount calculated in accordance with section 208 , or
(ii) in the case of a person who has means, the amount calculated in accordance with section 208 which would be appropriate in his case if he had no means, reduced by 5p per week for every 5p or part of 5p of his weekly means,
(b) the weekly means of any person shall be calculated in accordance with section 210 .
(2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—
(a) where a husband and wife are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the husband, or of the wife, if she is the claimant;
(b) in the case of a person with a child dependant his needs shall be taken to include the needs of that child dependant;
(c) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.
num: 208
paragraphs: —(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 209 , the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) of Part I of the Fourth Schedule , increased by—
(a) the amount set out in column (3) of that Part for any period during which the recipient has an adult dependant, and
(b) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.
num: 209
paragraphs: —(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 207 , and any other income, including any payment under this Act or under any other statute, of that person, is not sufficient to meet his needs, then—
(a) in any case where that person is in receipt of supplementary welfare allowance, the weekly amount of such allowance payable to that person may, subject to this section, be increased, or
(b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to this section, to supplement that person's other income.
(2) The Minister may prescribe—
(a) the circumstances under which a payment may be made to any person pursuant to subsection (1), and
(b) the amounts of payments to be made either generally or in relation to a particular class of persons.
(3) Regulations under subsection (2) may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.
num: 210
paragraphs: —(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).
(2) In calculating the weekly means of a person, account shall be taken of the following—
(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—
(i) any sums received by way of children's allowance under Part IV ,
(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 , and
(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);
(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;
[1979, s. 18]
(c) the value of any advantage accruing to such person from the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person;
(d) the value of any benefit or privilege enjoyed by such person;
(e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.
(3) The Minister may by regulations vary the provisions of subsection (2).
num: 211
paragraphs: —(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Chapter, the health board may determine that such goods or services be provided for him under arrangements made by the board.
(2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.
(3) In relation to any goods or services provided by a health board pursuant to subsection (1), references in this Chapter to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.
num: 212
paragraphs: —A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.
num: 213
paragraphs: —(1) Nothing in section 201 , 202 or 203 shall prevent the payment of supplementary welfare allowance in an urgent case and in determining whether an allowance is payable by virtue of this section and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 206 to 210 or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.
(2) Where pursuant to subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.
num: 214
paragraphs: —(1) For the purposes of this Chapter and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—
(a) every man shall be liable to maintain such of his legitimate children as are under the age of 16 years;
(b) every woman shall be liable to maintain such of her children as are under the age of 16 years;
(c) every married man shall be liable to maintain his wife and any child of his wife who was born before her marriage to him and is under the age of 16 years; and
(d) every married woman shall be liable to maintain her husband.
(2) Every reference in this Chapter to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) is liable to maintain such other person.
num: 215
paragraphs: —(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.
(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.
(3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.
(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.
(5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.
num: 216
paragraphs: —(1) A health board may provide for the burial of any of the following persons—
(a) a person who died within the functional area of the health board and in respect of whose burial suitable arrangements are not otherwise being made,
(b) a person who has been drowned and cast ashore within its functional area or who has otherwise perished and been found dead within that area and (in either case) whose body has not been claimed for burial.
(2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.
(3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial
(4) Where a health board incurs under this section expenses in relation to the body of a deceased person, it may obtain repayment of such expenses from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death.
num: 217
paragraphs: —A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.
num: 218
paragraphs: —(1) Every local authority which, immediately before 1st July, 1977, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included in respect of each year a sum representing—
(a) the total expenditure by such local authority on home assistance in the year ending on 31st December, 1975, and
(b) a proportion of 40 per cent, of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on 31st December, 1975, the said proportion of 40 per cent, payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on 31st December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.
(2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1), the costs of administration shall be excluded.
(3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before 1st July, 1977, were public assistance authorities having their functional areas in the functional area of the health board.
(4) Section 32 of the Health Act, 1970 , which relates to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities, shall with any necessary modifications apply to payments under subsection (3) in like manner as it applies to contributions under the said section 32.
(5) The Minister may by regulations specify the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 217 .
(6) (a) Where any sum is due and payable under this Chapter to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.
(b) Every amount deducted pursuant to paragraph (a) shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.
(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 216 .
(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance as is not met by income under this section.
num: 219
paragraphs: —(1) The Minister may make regulations—
(a) in relation to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and
(b) for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.
(2) Without prejudice to any specific provision in this Chapter, any regulations made under this Chapter may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.
num: 220
paragraphs: —(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , to a health board and which, immediately before 1st July, 1977, was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board, be transferred in the books by the bank, corporation or company into the name of the health board.
(2) Every chose-in-action transferred by the said section 22 to a health board may be sued on, recovered or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that section.
(3) Every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1st July, 1977, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.
num: 221
paragraphs: —(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.
(2) Every contract of service, express or implied, which—
(a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and
(b) was continued in force by subsection (6) of that section and is in force immediately before the commencement of this Act,
shall continue in force and shall continue to be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.
(3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate.
num: 222
paragraphs: —(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on 1st July, 1977, and relating to any matter or thing dealt with or affected by this Chapter, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Chapter.
(2) Any proceedings for the recovery of a sum which, if the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before 1st July, 1977.
(3) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 220 is payable to a health board may be brought and maintained by the health board.
num: 223
paragraphs: —(1) A child shall be a qualified child (in this Part referred to as a qualified child) for the purposes of children's allowances if—
(a) he is under the age of 16 years, or
(b) having attained the age of 16 years he is under the age of 18 years and—
(i) is receiving full-time instruction by day at any university, college, school or other educational establishment, or
(ii) is an apprentice, or
(iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period, and
(c) he is ordinarily resident in the State, and
(d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.
[1965 MP, s. 17]
(2) Notwithstanding subsection (1), a child who resides with his father while the father (being a member of the Defence Forces or the civil service of the Government or the State) is in the service, outside the State, of the Government, the State or an international organisation shall be a qualified child for the purposes of this Part.
num: 224
paragraphs: —(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child and is in this Part referred to as a qualified person.
(2) For the purpose of subsection (1)—
(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,
(b) a qualified child shall not be regarded as normally residing with more than one person, and
[1974 (No. 1), s. 8]
(c) where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution.
[1946 CA, s. 5]
(3) Rules made under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent 21 days on which that House has sat after the rules are laid before it annulling the rules, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under the rules.
[1974 (No. 1), s. 9; S.I. No. 196 of 1974 ]
(4) Where, immediately before 3rd July, 1974, the mother or stepmother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.
(5) Where, immediately before 3rd July, 1974, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he had ceased to be a qualified person at that date shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.
num: 225
paragraphs: —(1) Subject to this Part and the regulations there-under, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of one qualified child, and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of one.
[1965 MP, s. 18]
(2) Notwithstanding anything in this Part, the monthly allowance payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this subsection had not been enacted.
[1969 MP, s. 8; 1980, s. 25]
(3) A person who is qualified for a children's allowance under this Part shall, subject to this Part and the regulations made there-under, be paid children's allowances by way of a grant in respect of three or more qualified children where the birth of each of them was part of the same multiple birth, and the amount of the grant shall be £300 if such qualified children are three in number and £400 if they exceed three in number.
(4) A grant under subsection (3) shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.
(5) Payment of a grant under subsection (3) shall be in addition to any children's allowance payable by way of a monthly allowance under this Part in respect of the children concerned.
num: 226
paragraphs: —A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within 3 months (or, where the Minister so thinks fit, 6 months) after the date on which it has become payable.
num: 227
paragraphs: —(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be social welfare officers for the purposes of this Part.
(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a children's allowance and any question arising on or in relation to a children's allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for a children's allowance or any person in charge of a child in respect of whom the claim is based to furnish him with such information and to produce to him for inspection such documents relative to the claim as such officer may reasonably require.
(3) If any person, being a claimant for a children's allowance or a person in charge of a child in respect of whom the claim is based, fails to furnish to a social welfare officer such information as he is required by this section to furnish to such officer or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to such officer, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.
num: 228
paragraphs: —Income from a children's allowance shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.
num: 229
paragraphs: —(1) If it is found at any time that a person has been in receipt of a children's allowance to which he was not entitled or has been in receipt of a children's allowance at a higher rate than that appropriate to the case, then he or, in case he is dead, his personal representative, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the children's allowance or, as the case may be, a sum representing the difference between a children's allowance at the rate actually paid and a children's allowance at the rate appropriate to the case.
(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a children's allowance to which such person subsequently becomes entitled.
(3) Every sum repaid or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(4) This section shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom such children's allowance is granted.
num: 230
paragraphs: —(1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with a children's allowance on behalf of an applicant.
(2) The Minister may at any time revoke an appointment made under subsection (1) and any person appointed under that subsection may resign on giving to the Minister one month's notice of his intention to do so.
(3) A person appointed under subsection (1) may receive and deal with a children's allowance on behalf of the applicant and the receipt by such person for any sums paid to him on behalf of the applicant shall be a good discharge to the Minister.
(4) Where a qualified person is for the time being absent from the State, an application on his behalf in respect of a children's allowance may be accepted from such person as the Minister thinks fit.
(5) A children's allowance shall be paid only within the State.
num: 231
paragraphs: —(1) Every person—
(a) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or
(b) who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or
(c) who knowingly obtains or receives any payment on account of a children's allowance which for any reason whatsoever is not payable to him,
shall be guilty of an offence under this section and shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(2) A person convicted of an offence under subsection (1) shall be disqualified for the receipt of the children's allowance in respect of which the offence was committed for a period of 6 months immediately following the date of the conviction. This subsection shall not have effect in relation to offences committed prior to 12th July, 1976.
(3) Subsection (1) shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom the children's allowance is granted.
(4) Where, in a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for a children's allowance, and
(b) that as a result of that application an allowance has been paid to any person (whether or not such allowance was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
[1976 (No. 2), s. 5]
(5) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
[1976 (No. 2), s. 12]
(6) Regulations under this Part may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.
num: 232
paragraphs: —(1) The Minister may—
(a) prescribe the manner in which and the times at which children's allowances are to be paid;
(b) prescribe the procedure to be followed on references (which relate to children's allowances) under section 298 and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act(Ireland) 1856 and for excluding the application of any of the other provisions of that Act;
(c) make regulations for enabling a person to whom a children's allowance is payable to nominate another person to receive that allowance on behalf of the first-mentioned person;
(d) make regulations for authorising in such cases as may be specified the payment of any sum by way of children's allowance during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;
(e) make regulations for providing that, notwithstanding anything contained in section 226 —
[1952 CA, s. 6]
(i) in the case of the death of a person who was in receipt of a children's allowance, payment may be made of any sum which became payable within 3 months (or, where the Minister so thinks fit, 6 months) before the date of his death on account of the children's allowance, but has not been paid, and
[1946 CA, s. 12]
(ii) in the case of the death of a person who was qualified for a children's allowance, payment may be made of any sum which, if a claim for the children's allowance had been allowed immediately before his death, would have become payable on account of the children's allowance up to the date of his death;
[1944 CA, s. 20]
(f) make regulations for providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e), and that any such sum may be paid or distributed to or among the persons appearing in manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations;
[1952 CA, s. 5]
(g) prescribe the manner in which claims for children's allowances are to be made;
(h) prescribe the dates on which children's allowances, as awarded originally, are to commence to accrue;
(i) prescribe the dates on which children's allowances, as revised from time to time on account of changes of circumstances, are, notwithstanding anything contained in section 300 , to take effect;
(j) make regulations for applying any of the provisions of or made under sections 111 , 112 , 113 , 128 , 295 , 296 , 297 , 298 , 299 and 300 to children's allowances, whether such application is with or without modifications and whether in addition to or in substitution for any provisions of this Part or Part VIII .
(2) Regulations under this section which provide for the payment of children's allowances through the Post Office shall be made with the consent of the Minister for Posts and Telegraphs.
num: 233
paragraphs: —(1) In this Part—
“calendar week” means the period of 7 days commencing from midnight between Sunday and Monday;
“the Fund” means the Supplementary Unemployment Fund established under the Insurance (Intermittent Unemployment) Act, 1942 ;
“inclement weather” means weather that, owing to rain, storm, snow, hail, frost, flood or other adverse climatic condition, renders temporarily unsafe or impracticable the performance of work in an insurable employment, having regard to the health or safety of the persons engaged therein or to the nature or technical requirements of the work;
“insurable employment” has the meaning assigned by section 234 ;
“insurance year” means such period as may be prescribed;
“insured person” means any person of the age of 16 years or upwards who is employed in insurable employment under a contract of service or apprenticeship, written or oral, whether expressed or implied and whether such person is paid by the employer or some other person, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment, but does not include a person employed under a contract of apprenticeship under which no money is payable by the employer, or a person who is for the time being an excepted person within the meaning of section 236 (2);
“intermittent unemployment” means unemployment and consequent loss of wages due to stoppage of work which is unavoidable owing to inclement weather, in an insurable employment and the expression “intermittently unemployed” shall be construed accordingly;
“local office” means an employment exchange or other place appointed by the Minister as a local office;
“local officer” means an officer who for the time being is in charge of a local office; “skilled worker” means—
[ S.I. No. 82 of 1955 ]
(a) as respects employment in the building, civil engineering or painting trades, an insured person who is employed under a contract of service or apprenticeship in—
(i) the capacity of carpenter, joiner, wood-cutting machinist, bricklayer, mason, stonecutter, stonelayer, terrazzo and mosaic worker; floor and wall tiler, plasterer, slater, roof-tiler, painter, paperhanger, decorator, glazier, plumber, heating-fitter, gas-fitter, french-polisher or electrician, or
(ii) such other capacity as the Minister may decide generally or in a particular case to be employment as a skilled worker,
(b) as respects employment in any other trade that is declared by an order made by the Minister under this Part to be insurable employment for the purposes of this Part, an insured person who is employed under a contract of service or apprenticeship in—
(i) a capacity which constitutes such person as a skilled worker as defined by such order, or
(ii) such other capacity as the Minister may decide generally or in a particular case to be employment as a skilled worker;
“unskilled worker” means an insured person who is not a skilled worker;
[1963 MP, s. 17]
“young person” means an insured person who has attained the age of 16 years but has not attained the age of 18 years.
[1942 IU, s. 7; 1963 MP, s. 17]
(2) A person shall not be regarded as a skilled worker or an unskilled worker until the first day after the termination of the insurance year in which he attains the age of 18 years.
[1963 MP, s. 17]
(3) A person who attains the age of 18 years shall be regarded as a young person until the last day of the insurance year in which he attains that age.
[1942 IU, s. 7]
(4) An insured person who is a skilled worker and whose normal occupation alters in such a way as to make him an unskilled worker shall be regarded as a skilled worker until such date as it is proved to the satisfaction of the Minister that the normal occupation of the insured person has so altered.
(5) An insured person who is an unskilled worker and whose normal occupation alters in such a way as to make him a skilled worker shall be regarded as an unskilled worker until such date as it is proved to the satisfaction of the Minister that the normal occupation of the insured person has so altered.
num: 234
paragraphs: —In this Part “insurable employment” means employment by way of manual labour that is either employment in the building, civil engineering or painting trades or employment (in any other trade that is declared by an order made by the Minister under this Part to be insurable employment for the purposes of this Part and is not—
(a) employment in the building trade which is—
(i) under any local or other public authority, in any pensionable office, situation or employment in a permanent capacity, or
(ii) in the military service of the State, or
(iii) employment of unskilled workers and of young persons on works undertaken by or on behalf of the Irish Land Commission for the improvement of lands purchased or agreed to be purchased under the Land Purchase Acts, or
(b) employment in the civil engineering or painting trades which is—
(i) under any local or other public authority, or
(ii) employment of unskilled workers and of young persons on work undertaken for the development of bogs or in the course of the establishment and maintenance of forests, or
(iii) employment by the State on work in the construction, reconstruction, maintenance, alteration, repair or demolition of public roads, or
(iv) employment on works undertaken under the Arterial Drainage Act, 1945 , or under the Land Reclamation Act, 1949 , or any Acts for the time being in force replacing or amending those Acts, or
(v) employment by the Minister for Posts and Telegraphs on all work in the erection or laying, alteration, repair, painting, decoration or demolition of poles, masts, standards, pylons, wires or cables for telephone, telegraph or radio communication or for broadcasting, or
(vi) employment by CÃ³ras Iompair Ãireann where no deductions are made from the wages of employed persons on account of time lost owing to inclement weather, or
(vii) employment by the Electricity Supply Board on work carried out directly by the Board in accordance with its statutory functions.
num: 235
paragraphs: —(1) In this Part “employment in the building trade” means employment on work of a kind commonly undertaken or carried out by builders or building contractors, and includes employment on work of the following descriptions—
(a) all work in the construction, reconstruction, alteration, repair, painting, decoration or demolition of buildings;
(b) all work in the installation, alteration, fitting, repair, painting, decoration, maintenance or demolition in any building or its site of articles, fittings, pipes, containers, tubes, wires or instruments (including central heating apparatus or machinery or fuel containers connected thereto), for the heating, lighting, power or water supply of such building but excluding work in the construction or laying of public mains for the supply of water, gas or electricity or the connection of buildings and their sites with such mains.
(c) all work usually carried out or undertaken by a builder or building contractor—
(i) in the clearing and laying out of sites for buildings,
(ii) in the construction of foundations on such sites,
(iii) in the construction, reconstruction, repair and maintenance within such sites of all sewers, drains or other works for use in connection with the sanitation of buildings or the disposal of waste,
(iv) in the erection on such sites of boundary walls or fences for the use, protection or ornamentation of buildings, and
(v) in the making of roads and paths within the boundaries of such sites;
(d) all work in the manufacture, alteration, fitting or repair of articles of wood, worked stone, marble, slate, plaster, cement (including concrete blocks) or of cement-like material, for use in the construction, reconstruction, alteration, fitting, repair, decoration or maintenance of buildings and of a type commonly made in builders' workshops or yards, but excluding—
(i) the manufacture, alteration or repair of any article or monument designed as a memorial to living or dead persons,
(ii) the quarrying and cutting of slate at a quarry,
(iii) the quarrying in rough blocks of marble or stone,
(iv) the manufacture of articles of movable furniture,
(v) the manufacture of articles requiring treatment in an oven or kiln in the process of manufacture,
(vi) the manufacture of sewer pipes, drain pipes, bricks, floor tiles, roof tiles, and
(vii) the manufacture of articles composed wholly or mainly of a combination of cement and asbestos.
(2) “Employment in the civil engineering trade” means employment on work of a kind commonly undertaken or carried out by civil engineering or public works contractors and includes employment on work of the following descriptions—
(a) the construction, reconstruction, alteration, repair, painting, decoration or demolition of—
(i) roads, paths, kerbs, bridges, viaducts, aqueducts, harbours, docks, wharves, piers, jetties, quays, promenades, landing places, lighthouses, beacons, sea defences, airports, railroads, tunnels, tramways or canals,
(ii) waterworks, reservoirs, filter beds, wells, works for the production of gas or electricity, sewage works, public mains for the supply of water, gas or electricity or for the disposal of sewage and all work in the connection of buildings and their sites with such mains,
(iii) river works, dams, weirs, embankments, breakwaters, moles, works for the purpose of land or road or river drainage, land reclamation or the prevention of coastal erosion, and
(iv) sports-grounds, playgrounds, tennis courts, ball alleys, swimming pools and public baths or bathing places in concrete, stone, tarmacadam, asphalt, or such like material;
(b) the erection or laying, alteration, repair, painting, decoration or demolition of poles, masts, standards, pylons, wires or cables for telephone, telegraph or radio communication or for broadcasting; and
(c) ground levelling, ground formation or drainage in connection with the construction or reconstruction of grass sports-grounds, public parks, playing fields, tennis courts, golf links, playgrounds, race courses and greyhound racing tracks, but excluding the sowing of grass seed on such grounds,
(3) “Employment in the painting trade” means employment on work of a kind commonly undertaken or carried out by painting contractors.
num: 236
paragraphs: —(1) Whenever the Minister is satisfied, in respect of any class of persons employed by a particular employer in an insurable employment, that—
(a) having regard to the normal practice of the employer, the employment of such class of persons is permanent in character, and
(b) no deductions are made on account of time lost owing to inclement weather from the wages of such class of persons, and
(c) the other circumstances of the employment of such class of persons render it unnecessary that persons belonging to such class should be insured under this Part,
he may issue to the employer a certificate (in this Part referred to as a certificate of exception) that he is so satisfied.
(2) Where a certificate of exception in respect of a class of persons has been issued to an employer, then, any person employed by the employer who belongs to such class and who has completed three years or more permanent service with the employer shall, so long as such certificate is in force and he remains in the employment of the employer, be an excepted person for the purposes of this Part, and “excepted persons” shall in this Part be construed accordingly.
(3) The Minister may at any time revoke any certificate of exception.
num: 237
paragraphs: —This Part shall apply to persons employed in insurable employment by the State to whom this Part would apply if the employer were a private person, except to such of those persons as are serving in an established capacity in the permanent service of the State or having been granted certificates by the Civil Service Commissioners are serving a probationary period preliminary to establishment.
num: 238
paragraphs: —(1) The Minister, with the consent of the Minister for Finance, may, whenever and so often as he thinks fit, by order—
(a) declare that employment in any trade (defined in such manner as the Minister thinks fit) shall be insurable employment for the purposes of this Part, and
(b) define, by reference to employment in such capacities as the Minister thinks proper and specifies in the order, the expression “skilled worker” in relation to the employment declared by the order to be insurable employment.
(2) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House.
num: 239
paragraphs: —Every insured person shall be insured in the manner provided by this Part against intermittent unemployment.
num: 240
paragraphs: —The funds required for providing supplementary benefit (within the meaning of section 251 (1)) and for making any other payments that under this Part are to be made out of the Fund shall be derived partly from weekly contributions by insured persons and partly from weekly contributions by the employers of those persons.
num: 241
paragraphs: —(1) Every insured person of the classes set out in column (1) of Part I of the Fifth Schedule and every employer of any such insured person shall be liable to pay contributions (in this Part referred to as weekly contributions) weekly at the respective rates set out in columns (2) and (3) of that Part of that Schedule.
(2) Except where otherwise prescribed under this Part, the employer of an insured person shall in the first instance be liable to pay both the weekly contribution payable by himself (in this Part referred to as the employer's contribution) and also on behalf of and to the exclusion of the insured person, the weekly contribution payable by the insured person (in this Part referred to as the insured person's contribution), and for the purposes of this Part weekly contributions paid by an employer on behalf of an insured person shall be deemed to be weekly contributions by the insured person.
(3) A weekly contribution shall be payable for each calendar week during the whole or any part of which an insured person has been employed by an employer, subject however as follows—
(a) where one weekly contribution has been paid in respect of an insured person in any calendar week, no further weekly contribution shall be payable in respect of him for the same calendar week, and
(b) where no services are rendered by an insured person during any calendar week and no remuneration is paid in respect of that calendar week, the employer shall not be liable to pay any weekly contribution either on his own behalf or on behalf of the insured person in respect of that calendar week.
(4) Where a person is employed in any calendar week under the same employer partly in insurable employment and partly in other employment, then, notwithstanding subsection (3), no weekly contribution shall be payable in respect of that person for that calendar week unless half or more than half of the time during which he is so employed is in the insurable employment.
num: 242
paragraphs: —Notwithstanding any contract to the contrary, the employer of an insured person shall not be entitled to deduct from the wages of, or otherwise to recover from, the insured person the employer's contribution.
num: 243
paragraphs: —(1) Subject to this section and any regulations which the Minister may make under this Part, the employer of an insured person shall be entitled to recover from the insured person in accordance with this section the amount of any weekly contributions paid by him on behalf of the insured person.
(2) Where an insured person receives wages or other pecuniary remuneration from his employer, the amount of any weekly contribution paid by the employer on behalf of the insured person shall, notwithstanding the provisions of any Act or any contract to the contrary, be recoverable by means of deductions from the wages of the insured person or from any other remuneration due from the employer to the insured person and not otherwise, but no such deductions may be made from any wages or remuneration other than such as are paid in respect of the period or part of the period in respect of which the weekly contribution is payable, or in excess of the sum which represents the amount of the weekly contributions for the period in respect of which the wages or other remuneration are paid.
(3) Where a weekly contribution paid by the employer of an insured person on behalf of the insured person is recoverable from the insured person, but is not recoverable by means of deductions under subsection (2), it shall (without prejudice to any other means of recovery) be recoverable as a simple contract debt in a court of competent jurisdiction but no such weekly contribution shall be recoverable unless proceedings for the purpose are instituted within three months from the date when the contribution was payable.
(4) Where an insured person is not paid wages or other money payments by his employer or any other person, the employer shall be liable to pay the weekly contributions payable both by himself and the insured person and shall not be entitled to recover any part thereof from the insured person.
(5) Any sum deducted by an employer from wages or other remuneration under this section shall be deemed to have been entrusted to him for the purpose of paying the weekly contribution in respect of which it was deducted.
num: 244
paragraphs: —Where an insured person is employed by more than one person in any calendar week, the first person employing him in that week shall be deemed to be the employer of the insured person for the purposes of the provisions of this Part relating to the payment of weekly contributions.
num: 245
paragraphs: —(1) Where it has been decided in accordance with section 271 that weekly contributions under this Part are not payable in respect of any person or class of persons and that decision is subsequently revised or reversed in accordance with sections 295 to 300 or, on appeal, by the High Court, so as to make weekly contributions payable in respect of that person or that class of persons, weekly contributions shall be so payable only as from the date on which the decision was revised or reversed.
(2) Where it has been decided in accordance with section 271 that weekly contributions in respect of a person or class of persons are payable at a particular rate under this Part and that decision is subsequently revised or reversed in accordance with sections 295 to 300 or, on appeal, by the High Court, so as to make weekly contributions payable at another rate in respect of that person or class of persons, weekly contributions shall be so payable at such other rate only as from the date on which the decision was revised or reversed.
num: 246
paragraphs: —Any weekly contributions paid by a person and his employer respectively under the erroneous belief that the weekly contributions were payable in respect of that person under this Part may be returned to them by the Minister on application being made to him in that behalf in such form as he may require before the expiration of 12 months from the date the weekly contributions were paid, subject, in the case of the insured person's contributions, to the deduction of any amount of supplementary benefit received by him to which he would not have been entitled if these weekly contributions had not been paid.
num: 247
paragraphs: —(1) The Minister may make regulations providing for any matters incidental to the payment and collection of weekly contributions and in particular for—
(a) the payment of weekly contributions by means of adhesive stamps (in this Part referred to as supplementary insurance stamps) affixed to books or cards (in this Part respectively referred to as supplementary unemployment books and supplementary unemployment cards) or otherwise, and for regulating the manner, times and conditions in, at and under which supplementary insurance stamps are to be affixed or payments are otherwise to be made;
(b) the entry in or upon supplementary unemployment books or cards of particulars of weekly contributions paid in respect of any specified period or of such other particulars as may be required in the case of the persons to whom the supplementary unemployment books or cards relate, and for the acceptance of such entry as sufficient evidence of the number of weekly contributions so paid or of the other particulars so entered;
(c) the application for, and the issue, sale, custody, production and delivery up of supplementary unemployment books or cards and the replacement of supplementary unemployment books or cards which have been lost, destroyed or defaced;
(d) the rendering by employers to the Minister of such particulars relating to persons employed by them as the Minister may require or prescribe.
[1952, s. 122]
(2) Regulations under this section providing for the payment of weekly contributions, at the option of the persons liable to pay, either—
(a) by means of supplementary insurance stamps, or
(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of supplementary insurance stamps,
may, with the consent of the Minister for Finance, include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees. The Public Offices Fees Act, 1879, shall not apply in respect of such fees and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.
num: 248
paragraphs: —Supplementary insurance stamps shall be prepared and issued in such manner as the Revenue Commissioners, with the consent of the Minister for Finance, may direct and the said Commissioners may, by regulations, provide for applying, with the necessary adaptations, as respects supplementary insurance stamps, all or any of the provisions, including penal provisions, of sections 21, 35 and 36 of the Inland Revenue Regulation Act, 1890 , the Stamp Duties Management Act, 1891, section 9 of the Stamp Act, 1891, and section 65 of the Post Office Act, 1908 , and may, with the consent of the Minister for Posts and Telegraphs, provide for the sale of supplementary insurance stamps at Post Offices.
num: 249
paragraphs: —The Government may by order provide that any powers and duties of the Revenue Commissioners with reference to supplementary insurance stamps shall be exercised and performed by the Minister for Posts and Telegraphs, either to the exclusion of the Revenue Commissioners or concurrently with the Revenue Commissioners, and any such order may contain such provisions as appear to the Government to be necessary or expedient for giving full effect to the exercise and performance of the duties to which the order relates in the manner provided by such order.
num: 250
paragraphs: —(1) In this section—
“the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.
(2) Any sum deducted by an employer from the remuneration of an employee of his and so deducted under section 243 in respect of a weekly contribution under this Part and unpaid by the employer in respect of such contribution shall not form part of the assets of a limited company in a winding-up under the Companies Act, 1963 , and in such a winding-up a sum equal in amount to the sum so deducted shall, notwithstanding anything in that Act, be paid to the Fund in priority to the debts specified in section 285 (2) of that Act.
(3) Any sum deducted by an employer from the remuneration of an employee of his and so deducted under section 243 in respect of a weekly contribution under this Part and unpaid by the employer in respect of such contribution before the date of the order of adjudication or the filing of the petition for arrangement (as the case may be) shall not form part of the property of the bankrupt or arranging debtor so as to be included among the debts which under section 4 of the Act of 1889 are in the distribution of such property to be paid in priority to all other debts, but shall, before such distribution and notwithstanding anything in the Act of 1889, be paid to the Fund in priority to the debts specified in section 4 of that Act.
(4) Formal proof of a debt to which priority is given by this section shall not be required except where required by or under the Act of 1889 or the Companies Act, 1963 .
[1942 IU, s. 27 (3)]
(5) There shall be included among the debts which, under section 4 of the Act of 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts all weekly contributions payable by the bankrupt or arranging debtor in respect of insured persons during the 4 months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor and that Act shall have effect accordingly and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.
num: 251
paragraphs: —(1) Every insured person who is intermittently unemployed on any day (other than a Sunday or a public holiday within the meaning of the Holidays (Employees) Act, 1973 , or the first day of a spell of insurable employment with the person who was his employer when such intermittent unemployment occurred) and in whose case the conditions in section 253 are fulfilled shall, subject to this Part, be entitled to receive payment (in this Part referred to as supplementary benefit) in respect of each hour of intermittent unemployment occurring on such day during working hours.
(2) Where the duration of a period of intermittent unemployment occurring during working hours on any day is a fraction of an hour only or is one or more hours and a fraction of an hour, supplementary benefit shall not be payable in respect of such fraction of an hour and, for the purposes of this subsection, where two or more periods of intermittent unemployment occur during working hours on any day such periods shall be deemed to be one continuous period:
[1963 MP, s. 18]
Provided that, where the working hours on any day consist of a number of hours and a fraction of an hour (not being less than half-an-hour) supplementary benefit shall be payable in respect of such fraction of an hour where intermittent unemployment occurs during the working hours on that day and extends over the whole of such hours.
(3) In this section “working hours” means, in relation to an insured person, the hours, exclusive of overtime and mealtime, during which, if there was not inclement weather, work in an insurable employment would have been performed by the insured person.
num: 252
paragraphs: —Subject to this Part, supplementary benefit in the case of an insured person of any class set out in column (1) of Part II of the Fifth Schedule shall be at the hourly rate set out in column (2) of that Part opposite the mention of that class: provided that, where supplementary benefit is payable in respect of a fraction of an hour, the amount of supplementary benefit so payable shall be half the appropriate hourly rate.
num: 253
paragraphs: —(1) The first condition for the receipt of supplementary benefit in respect of intermittent unemployment by an insured person in any insurance year is that prior to the week in which such intermittent unemployment occurs at least 12 weekly contributions have been paid in respect of him as an insured person since—
(a) in case such insurance year is the first insurance year, the beginning of that insurance year, and
(b) in any other case, the beginning of the insurance year next preceding the insurance year in which the intermittent unemployment occurs.
(2) The second condition for the receipt by an insured person of supplementary benefit in respect of any period of intermittent unemployment is that the person to whom a report relating to that period is sent under section 254 has received the report within three days (or such longer period as the Minister may in a particular case accept) after the day on which the intermittent unemployment occurred and that that person has acknowledged the receipt of such report.
num: 254
paragraphs: —(1) Where a stoppage of work has occurred on any day and the employer of an insured person or the insured person claims that such stoppage constitutes intermittent unemployment, the employer shall on that day transmit to such person as the Minister may in any particular case direct or, in the absence of such direction, to a local officer a report stating that the stoppage has occurred, the duration thereof and the nature of the weather conditions alleged to have caused it.
(2) Where an insured person claims that he has been intermittently unemployed on any day, he may send to such person as the Minister may in any particular case direct or, in the absence of such direction, to a local officer a report stating that such intermittent unemployment has occurred, the duration thereof and the nature of the weather conditions alleged to have caused it, but this provision shall not be construed as relieving the employer of the insured person of the obligation imposed on him by subsection (1).
(3) Where a person receives a report under this section he shall as soon as may be acknowledge the receipt thereof.
num: 255
paragraphs: —(1) Subject to this Part and to such directions as may be given by the Minister either generally or in any particular case, any amount or amounts of supplementary benefit to which an insured person becomes entitled shall be paid to him by his employer, and the insured person and his employer shall, in respect of each such payment, supply to the Minister such particulars, and complete and transmit such forms, including the insured person's acknowledgment of the amount received by him, as may be prescribed.
(2) An insured person who is not satisfied that the amount of supplementary benefit paid to him by his employer is the amount which he is entitled to receive under this Part or his employer, at his request, shall be entitled to apply to a deciding officer to determine, in accordance with the provisions of this Part relating to the determination of questions as to payment of supplementary benefit, the amount of supplementary benefit to which he is entitled.
(3) Where a local officer or other person to whom a report in relation to the intermittent unemployment of an insured person has been sent in accordance with section 254 sends to the employer of the insured person a notification that he is not satisfied that the stoppage of work to which the report relates was due to inclement weather or that the other provisions of this Part governing the payment of supplementary benefit are fulfilled, or where in any case an employer is in doubt whether supplementary benefit is payable or as to the amount or rate of supplementary benefit payable, the employer shall forthwith apply to a deciding officer to determine the question in accordance with the provisions of this Part relating to determination of questions as to payment of supplementary benefit.
(4) If in any case an insured person has not received payment of any supplementary benefit to which he believes he is entitled under this Part and is not satisfied that the question of his title to receive such benefit has been referred to a deciding officer under subsection (3), he shall be entitled either to request his employer so to refer it or himself to refer the question to a deciding officer for determination.
(5) An employer who receives an insured person's request to refer a question of his title to supplementary benefit for a deciding officer's determination shall, unless he has already done so, forthwith refer the question to a deciding officer for determination.
(6) Where in accordance with subsection (3) or subsection (4) any question has to be referred to a deciding officer, the insured person shall not be entitled to receive payment from his employer under subsection (1) unless and until it is determined by the deciding officer that he is so entitled, and the employer shall not make such payment pending such determination or except in accordance therewith.
num: 256
paragraphs: —In any special case in which the Minister is of opinion that it would be impossible or unduly burdensome for an employer to pay under this Part the amount of supplementary benefit due to an insured person, the Minister may excuse the employer from the duty of so paying and where an employer is so excused the Minister shall pay or cause to be paid from the Fund any amount of supplementary benefit payable to the insured person by the employer if he were not so excused.
num: 257
paragraphs: —The amount of any supplementary benefit duly paid in accordance with this Part by an employer shall be repaid to him by the Minister out of the Fund on application being made, in such manner as may be prescribed, by the employer for such repayment.
num: 258
paragraphs: —Whenever an employer makes a payment of supplementary benefit to a person not entitled to receive supplementary benefit under this Part or in excess of the amount to which he was entitled, the amount or the excess so paid shall not be repayable to the employer out of the Fund.
num: 259
paragraphs: —(1) Any amount of supplementary benefit received by an insured person from his employer that is not repayable to the employer out of the Fund by reason of section 258 shall be repayable by the insured person to the employer on demand made in that behalf by the employer and, if not so repaid, may be recovered by the employer as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled.
(2) Every payment of supplementary benefit received by an insured person from the Minister that he was not entitled to receive under this Part shall be repayable by him to the Minister on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled.
(3) Where under subsection (2) an amount may be deducted from the supplementary benefit to which an insured person becomes entitled, it shall be the duty of an employer to make such deduction as the Minister may direct from any supplementary benefit payable to the insured person by that employer under this Part and to pay to the Minister any amount or amounts so deducted.
(4) Any amount paid to an employer out of the Fund to which, under this Part, he was not entitled shall be repayable by the employer on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any amount or amounts that subsequently become payable to that employer out of the Fund.
(5) Every sum recovered by or repaid to the Minister under this section shall be paid into the Fund.
num: 260
paragraphs: —Where it has been determined in accordance with this Part that an amount paid by an employer is not repayable out of the Fund, the employer who paid the amount and the person who received it shall be informed by the deciding officer of the determination.
num: 261
paragraphs: —(1) The Minister may—
(a) prescribe the evidence to be required as to the fulfilment of the conditions set out in section 253 and the other provisions of this Part relating to an insured person's title to supplementary benefit, and for that purpose require the attendance of insured persons at such offices or places and at such times as may be required, and require employers to answer inquiries relating to any matters in connection with which information is required to enable an insured person's title to supplementary benefit to be determined;
(b) prescribe the time, manner and form of—
(i) the payment by employers to insured persons of supplementary benefit due to them,
(ii) the repayment out of the Fund to employers of amounts of supplementary benefit paid by them,
(iii) raising questions for determination by deciding officers, and
(iv) the doing of any other thing incidental to the reporting of intermittent unemployment, the acknowledgment of the receipt of reports of intermittent unemployment and the paying of supplementary benefit and the repayment out of the Fund of supplementary benefit paid by employers;
(c) by regulations require employers, insured persons and others to furnish such information as the Minister may consider desirable in connection with payments of supplementary benefit and the occurrence of intermittent unemployment;
(d) prescribe the practice and procedure to be followed on the consideration and examination of questions to be considered and determined by appeals officers and deciding officers;
(e) by regulations provide for the appointment of a person to receive, on behalf of or as representative of a person who becomes of unsound mind or dies, any sums payable out of the Fund to or in respect of him.
(2) Regulations made by the Minister by virtue of subsection (1) (a) shall not be construed as affecting the operation of section 262 .
num: 262
paragraphs: —(1) Where supplementary benefit has been paid to an insured person, in respect of any day or part thereof a certificate, in the prescribed form, signed by the insured person or the person who was the employer of the insured person on such day certifying any one or more of the following matters—
(a) that the insured person was intermittently unemployed on such day,
(b) that the hours during which the insured person was intermittently unemployed on such day were working hours,
(c) that such day was not a Sunday or a public holiday within the meaning of the Holidays (Employees) Act, 1973 , and
(d) that such day was not the first day of a spell of insurable employment with the person who was the employer of the insured person,
shall, for the purposes of this Part, be sufficient evidence of the facts so certified, unless and until the contrary is shown to be the case.
(2) Where supplementary benefit has been paid to an insured person a certificate, in the prescribed form, by the insured person that he is the rightful holder of a particular supplementary unemployment book or a certificate, in the prescribed form, by the person who was the employer of that person at the time such supplementary benefit was paid that he is satisfied that the insured person is the rightful holder of such book shall, for the purposes of this Part, be sufficient evidence of the identity of that insured person, unless and until the contrary is shown to be the case.
[1952, s. 122]
(3) Where weekly contributions in respect of an insured person are paid by affixing supplementary insurance stamps to his supplementary unemployment book or otherwise, and supplementary benefit has been paid to the insured person in any insurance year, the following provisions shall, for the purposes of the first condition in section 253 , have effect—
(a) a certificate, in the prescribed form and containing the prescribed particulars, by the person (in this subsection referred to as the employer) who was the employer of the insured person at the time such supplementary benefit was paid that, prior to the week in which occurred the intermittent unemployment for which such supplementary benefit was paid, a specified number of weekly contributions had been paid for that insured person in respect of such insurance year shall be sufficient evidence of the facts so certified, unless and until the contrary is shown to be the case;
(b) a certificate, in the prescribed form and containing the prescribed particulars, by the employer that there was entered, in accordance with regulations made under section 247 on the current supplementary unemployment book of the insured person a statement that a specified number of weekly contributions had been paid for that insured person in respect of the immediately preceding insurance year shall, unless and until the contrary is shown to be the case, be sufficient evidence that there were paid the number of weekly contributions so certified to be so entered.
num: 263
paragraphs: —Unemployment benefit or unemployment assistance shall not be payable for a day in respect of which or part of which supplementary benefit is paid or payable under this Part.
num: 264
paragraphs: —(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks fit to be inspectors for the purposes of this Part.
(2) In this Part “inspector” means a person who is either—
(a) a person appointed to be an inspector under subsection (1), or
(b) a person who is an inspector appointed under section 114 .
(3) An inspector shall, for the purposes of this Part, have power to do all or any of the following things—
(a) to enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any persons employed in an insurable employment are employed or any records in relation to any such persons are kept;
(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are complied with in any such premises or place;
(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Part every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an employed person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;
(d) to exercise such other powers as may be necessary for carrying this Part into effect.
(4) The occupier of any such premises or place and any other person employing any insured person, and the servants and agents of any such occupier or other person, and any employed person shall furnish to any inspector all such information and shall produce for inspection all such registers, books, cards, wages sheets, records of wages and other documents as the inspector may reasonably require.
(5) If any person wilfully delays or obstructs an inspector in the exercise of any power under this section or fails to give such information or to produce such documents as aforesaid, or conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by an inspector, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.
(6) No one shall be required under this section to answer any question or give any evidence tending to incriminate himself.
(7) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Part shall, if so required, produce the certificate to the occupier.
num: 265
paragraphs: —Where a person (in this section referred to as the employer) terminates the employment in an insurable employment of a person (in this section referred to as the employee) who immediately before such termination was an excepted person, the following provisions shall have effect—
(a) in case the employee was an excepted person during the 12 weeks immediately preceding such termination, the employer shall pay to the Minister, in respect of those 12 weeks, a sum equal to the amount of the weekly contributions which would, if the employee had not been an excepted person during those 12 weeks, have been payable in respect of the employee under this Part for those 12 weeks;
(b) in case the employee was not an excepted person during the 12 weeks immediately preceding such termination, the employer shall pay to the Minister, in respect of the weeks immediately preceding such termination during which the employee was an excepted person, a sum equivalent to the amount of the weekly contributions which would, if the employee had not been an excepted person during those weeks, have been payable under this Part in respect of the employee for those weeks;
(c) no part of any sum paid by the employer under this section shall be recoverable by the employer from the employee;
(d) any sum payable to the Minister by the employer under this section shall, for the purposes of the other provisions (including penal provisions) of this Part, be deemed to be weekly contributions, and those provisions shall apply accordingly;
(e) any sum recovered by or paid to the Minister under this section shall be paid into the Fund;
(f) any sums recovered by or paid to the Minister under this section in respect of any weeks shall, for the purposes of the first condition in section 253 , be deemed to be weekly contributions paid under this Part in respect of the employee for those weeks.
num: 266
paragraphs: —(1) (a) If any person—
(i) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any supplementary unemployment card, supplementary unemployment book or any used supplementary insurance stamp,
(ii) affixes any used supplementary insurance stamp to any supplementary unemployment card or supplementary unemployment book, or
(iii) affixes to any supplementary unemployment card or supplementary unemployment book a forged or counterfeit supplementary insurance stamp,
he shall be guilty of an offence.
(b) If any person, for the purpose of obtaining any supplementary benefit or payment or repayment under this Part, whether for himself or some other person, or for any purpose connected with this Part—
(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence.
(c) Where a person aids, abets, counsels or procures an employee of his to commit any offence under paragraph (a) or (b) or conspires with the employee for the commission by the employee of any such offence, that person shall be guilty of an offence.
(d) A person who is guilty of an offence under this subsection shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(e) In any proceedings under this subsection in respect of used supplementary insurance stamps, a supplementary insurance stamp shall be deemed to have been used if it has been affixed to a supplementary unemployment card or supplementary unemployment book or has been cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a weekly contribution.
(2) (a) If any employer fails to pay at or within a prescribed time any weekly contribution which he is liable under this Part to pay, he shall be guilty of an offence.
(b) If any employer deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, the employer shall be guilty of an offence.
(c) If any employer makes a deduction from the remuneration of a person in respect of any weekly contribution which the employer is liable under this Part to pay, and fails to pay at or within a prescribed time the weekly contribution in respect of which the deduction was made, the employer shall be guilty of an offence.
(d) A person who is guilty of an offence under this subsection shall be liable—
(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £2,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(3) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court—
(a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or
(b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £2,000 or of imprisonment for terms not exceeding two years, or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued.
(4) (a) Where an employer has been convicted under this section of the offence of failing to pay any weekly contributions which he is liable under this Part to pay, he shall be liable to pay to the Fund a sum equal to the amount which he has so failed to pay and, on such a conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other weekly contributions in respect of the same person during the three years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Fund a sum equal to the total of all the weekly contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.
(b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid weekly contributions, and the insured person's portion of these weekly contributions shall not be recoverable by the employer from the insured person.
(5) (a) In any proceedings under this section or under regulations made under this section or involving any question as to the payment of weekly contributions under this Part or the recovery of any sums due to the Fund, section 119 shall apply in like manner, but with the necessary modifications, in relation to a decision under this Part which is relevant to such proceedings.
(b) Section 301 shall apply in relation to a decision made pursuant to this Part or regulations made thereunder.
(6) Any sum that an employer is liable to pay under subsection (4) or any sum due to the Fund for which a court has made an order for payment may, without prejudice to other methods of recovery, be deducted by the Minister from any sums payable out of the Fund to that employer under this Part and any amounts so deducted shall be paid by the Minister into the Fund.
(7) Nothing in this section or in regulations made under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Fund and all such sums shall be recoverable as debts due to the State and without prejudice to any other remedy may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
[1976 (No. 2), s. 6]
(8) Where an offence under this Part or under regulations made under this Part is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.
(9) It shall be a good defence to a prosecution for an offence under subsection (8) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
(10) Any summons or other document required to be served for the purpose of proceedings under this Part on a body corporate may be served—
(a) by leaving it at or sending it by post to the registered office of the body corporate,
(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.
num: 267
paragraphs: —(1) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Minister or by an inspector or other officer appointed for the purpose of this Part and authorised in that behalf by special or general directions of the Minister.
(2) A prosecution for an offence under any section of this Part may be brought at the suit of the Minister.
[1976 (No. 2), s. 5]
(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
(b) the period of two years commencing on the date on which the offence was committed.
[1976 (No. 2), s. 11]
(4) Where in a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as the defendant) for supplementary benefit, and
(b) that as a result of that application such benefit has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
num: 268
paragraphs: —(1) Where any employer has failed or neglected to pay any weekly contributions which under this Part he is liable to pay in respect of any insured person in his employment or has failed or neglected to comply in relation to any such person with any other requirements of this Part and the regulations made thereunder and by reason thereof that person has lost in whole or in part the supplementary benefit to which he would have been entitled under this Part, he shall be entitled to recover from the employer as a simple contract debt a sum equal to the amount of the supplementary benefit so lost.
(2) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Part in respect of the same failure or neglect.
num: 269
paragraphs: —(1) The Fund shall continue in being under the control and management of the Minister. There shall be paid into the Fund all weekly contributions payable by employers and insured persons and any other moneys required to be so paid under this Part and there shall be paid out of the Fund all payments required to be so made under this Part.
(2) The accounts of the Fund shall be kept in such form as the Minister for Finance may direct or approve.
(3) The accounts of the Fund for every year of account shall be submitted for audit to the Comptroller and Auditor General and when examined and certified shall be laid before each House of the Oireachtas.
(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund in all or any of the following ways, that is to say, in the purchase of any stock, fund or security in which trustees are authorised by the law for the time being in force to invest trust funds or in the purchase of any stock, shares or security the principal and interest of which are guaranteed under statutory authority by the Government and any interest received from such investment shall be paid into the Fund.
(5) Moneys available for investment under subsection (4) shall be Government moneys within the meaning of the Approved Investments Act, 1933 , and that Act shall apply in regard thereto accordingly.
[1942 IU, s. 46]
(6) Whenever and so often as it appears to the Minister that the Fund is or is likely to be either insufficient or more than sufficient to discharge the liabilities imposed or about to be imposed upon the Fund under this Part or that the rates of weekly contributions are or are likely to be excessive or deficient the Minister may by regulations do either or both of the following things—
num: 270
paragraphs: —(1) The Minister for Finance may out of the Central Fund or the growing produce thereof advance any sums required for the purpose of discharging the liabilities of the Fund, and for the purpose of providing the sums to be so advanced the Minister for Finance may borrow money in such manner as he may think proper and all moneys so borrowed shall be paid into the Exchequer.
(2) Any sums advanced under subsection (1) together with interest (if any) thereon at such rate as may be fixed by the Minister for Finance shall be charged on and be repayable out of the Fund and when so repaid shall be paid into the Exchequer.
(3) The principal of and interest on any securities issued by the Minister for Finance for the purpose of borrowing under subsection (1) and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.
num: 271
paragraphs: —Every question arising—
(a) as to whether a stoppage of work in an insurable employment was due to inclement weather; or
(b) as to the fulfilment of the conditions for the receipt of supplementary benefit by an insured person; or
(c) as to the title to supplementary benefit of an insured person or as to the rate or the amount of such benefit; or
(d) as to the title of an employer to repayment from the Fund; or
(e) as to the fulfilment of any provision of sections 251 to 263 relating to payment of supplementary benefit or to repayment from the Fund; or
(f) as to whether any employment or any class of employment is, was or will be such employment as to make the person employed therein an insured person within the meaning of this Part or whether a person is or was an insured person within the meaning of this Part; or
(g) as to whether an insured person is or was a skilled worker or an unskilled worker or a young person within the meaning of this Part; or
(h) as to who is or was the employer of any insured person; or
(i) as to the rate of weekly contribution to be paid under this Part in respect of an insured person; or
(j) on any such other matter relating to this Part as may be prescribed,
shall be decided by a deciding officer.
num: 272
paragraphs: —Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 295 , 296 , 297 , 298 , 299 and 300 to insurance against intermittent unemployment, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Part and sections 295 to 300 .
num: 273
paragraphs: —In this Chapter—
“local authority” means any body which is—
(a) the corporation of a county borough,
(b) the corporation of a borough other than a county borough,
(c) the council of an urban district, or
(d) the commissioners of a town;
[1914 PM, s. 5]
“child” includes any child in attendance at a national school.
num: 274
paragraphs: —(1) A local authority may take such steps as it thinks fit for the provision of meals for children in attendance at any national school in its area, and for that purpose—
(a) may associate with itself any committee on which the local authority is represented which will undertake to provide food for those children (in this Chapter called a “school meals committee”); and
(b) may aid that committee by furnishing such building, furniture and apparatus and such officers and servants as may be necessary for the organisation, preparation and serving of such meals;
but, save as hereinafter provided, the local authority shall not incur any expense in respect of the purchase of food to be supplied at such meals.
[1975, s. 18]
(2) Where a local authority is satisfied that not less than one-half of the children attending a national school situated outside the authority's functional area reside either in that area or outside that area but in dwellings owned or provided by the authority, the local authority may determine that this Chapter shall apply to that national school as if it were situated in the authority's functional area.
(3) A local authority may revoke a determination under subsection (2).
(4) The making or revoking of a determination under subsection (2) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and for the purposes of the Acts relating to the management of county boroughs.
num: 275
paragraphs: —(1) There shall be charged to the parent of every child in respect of every meal furnished to that child under this Chapter such an amount as may be determined by the local authority and, in the event of payment not being made by the parent, it shall be the duty of the authority, unless it is satisfied that the parent is unable by reason of circumstances other than his own default to pay the amount, to require the payment of that amount from that parent, and any such amount may be recovered as a simple contract debt in any court of competent jurisdiction.
(2) The local authority shall pay over to the school meals committee so much of any money paid to it by, or recovered from, any parent as may be determined by the authority to represent the cost of the food furnished by the committee to the child of that parent, less a reasonable deduction in respect of the expenses of recovering such money.
num: 276
paragraphs: —(1) Where a local authority resolves that any of the children attending a national school within its area are unable by reason of lack of food to take full advantage of the education provided for them, and has ascertained that funds other than public funds are not available or are insufficient in amount to defray the cost of food furnished in meals under this Chapter, it may apply to the Minister, and he may, notwithstanding anything in section 274 (1) or 275 , authorise it to provide free of charge, or to meet the whole or part of the cost of the provision free of charge of, meals for those children attending that school.
[1917 PM, s. 1; 1957 MP, s. 3]
(2) A local authority may be authorised to spend out of the rates such sums as may be necessary to meet expenses incurred pursuant to an authorisation under subsection (1).
[S.R. & O. No. 329 of 1947]
(3) Where a local authority in any area spends out of the rates any sums for expenses incurred pursuant to an authorisation under subsection (1), an amount not exceeding one-half of the sums so expended shall be paid to the local authority out of moneys provided by the Oireachtas, subject to regulations to be made by the Minister for the purpose of securing that the arrangements for the provision of meals are adequate and are carried out efficiently.
num: 277
paragraphs: —The powers of a local authority under this Chapter shall be exercisable in respect of children attending a national school within its area both on days when the school meets and on other days.
num: 278
paragraphs: —A teacher employed in a national school shall not be required as part of his duties to supervise or assist, or to abstain from supervising or assisting, in the provision of meals, or in the collection of the cost thereof.
num: 279
paragraphs: —(1) The corporation of a county borough may provide meals (other than meals in national schools) for such persons as they think fit and for that purpose may—
(a) provide food for the meals,
(b) provide such depots, accommodation, apparatus, equipment and service as may be necessary for the preparation cooking and distribution of the food, and
(c) take such other steps as in their opinion are necessary for or incidental to the provision of the meals.
(2) The corporation of a county borough may exercise the powers conferred on them by this section either directly or in association or by arrangement with any other person or body.
(3) The corporation of a county borough may charge such amounts as they think proper for meals provided by them under this section.
(4) The corporation of a county borough shall not provide meals under this section save during such period or periods as the Minister may direct in relation to the corporation.
(5) The powers conferred by this section on the corporation of a county borough shall not be exercised save in accordance with a scheme or schemes made by the corporation and approved of by the Minister.
(6) Any such scheme may, in particular, contain provisions specifying the persons for whom meals may be provided and the circumstances in which meals may be supplied.
num: 280
paragraphs: —In this Chapter—
“county council” means a county council established under section 1 of the Local Government (Ireland) Act, 1898 ;
“Gaeltacht area” when used in relation to a county council means such portions of the Gaeltacht as are included in the county health district of such council;
“food” has the meaning assigned to it by the Sale of Food and Drugs Acts, 1875 to 1936;
[1930 SMG. s.2]
the Gaeltacht comprises the district electoral divisions set out in section 288 .
num: 281
paragraphs: —This Chapter applies to every county council whose county health district is wholly or partly situate in the Gaeltacht, as set out in section 288 .
num: 282
paragraphs: —Every county council to which this Chapter applies may, subject to this Chapter, provide meals for children attending national schools in the Gaeltacht area of such council and for that purpose may do the following things—
(a) provide food for such meals;
(b) provide such accommodation, apparatus, equipment and service as may be necessary for the preparation and distribution of such food;
(c) take such other steps as in the opinion of such council are necessary for or incidental to the provision of such meals.
num: 283
paragraphs: —(1) A county council to which this Chapter applies may from time to time appoint such and so many committees as it thinks proper for the exercise and performance of the powers and duties conferred and imposed on it by this Chapter which in the opinion of such council can be better or more conveniently exercised and performed by a committee.
(2) A committee appointed under this section by a county council may, at the discretion of such council, consist exclusively of persons who are members of such council or partly of persons who are and partly of persons who are not members of such council.
(3) The acts of every committee of a county council appointed under this section shall be subject to confirmation by such council save where such council, with the sanction of the Minister, dispenses with the necessity for such confirmation.
num: 284
paragraphs: —A teacher employed in a national school in the Gaeltacht shall not, as part of his duties as such teacher, be required to supervise or assist, or to abstain from supervising or assisting, in the provision of any meals under this Chapter.
num: 285
paragraphs: —(1) The Minister may, out of moneys to be provided by the Oireachtas, pay, in respect of any local financial year and in accordance with regulations made under this Chapter, to a county council to which this Chapter applies and which provides meals during such year under and in accordance with this Chapter and regulations made thereunder, a sum not exceeding whichever of the following amounts is the less towards the expenses incurred by such council in such year in providing food under this Chapter—
(a) one-half of such expenses, or
(b) a sum which bears to the sum of £10,000 the same proportion as the number of children certified by the Minister for Education under this section to have attended national schools in the Gaeltacht area, of such council during the prescribed period for such year bears to the number of children certified by that Minister to have attended national schools in the Gaeltacht during that period.
(2) For the purposes of the certificates of the Minister for Education referred to in subsection (1) (b) the following provisions shall have effect—
(a) that Minister shall prescribe in relation to every local financial year a period of 12 months which shall be the prescribed period for such year, and
(b) the number of children attending any school or schools shall be ascertained and calculated in such manner as that Minister shall think proper.
[1933 SMG, s.2]
(3) Where the sum of £10,000 exceeds the total grants made under subsection (1) in respect of any local financial year, and there is in relation to any council a deficiency in respect of such year, the following provisions shall have effect—
(a) in case there is a deficiency in relation to one council only in respect of such year, the Minister may, out of moneys provided by the Oireachtas, pay to that council a sum not exceeding whichever of the following amounts is the less—
(i) an amount equal to the excess, or
(ii) an amount equal to the deficiency;
(b) in case there are deficiencies in relation to two or more councils in respect of such year, and the excess is not less than the total of the deficiencies, the Minister may, out of moneys provided by the Oireachtas, pay to each such council a sum not exceeding the amount of the deficiency in relation to such council in respect of such year;
(c) in case there are deficiencies in relation to two or more councils in respect of such year and the excess is less than the total of the deficiencies, the Minister may, out of moneys provided by the Oireachtas, pay to each such council a sum which bears to the excess the same proportion as the deficiency in relation to such council in respect of such year bears to the total of the deficiencies in relation to all such councils in respect of such year.
(4) Any moneys paid under subsection (3) to a council in respect of a local financial year shall be so paid by way of increase of the grant made under subsection (1) to that council in respect of such year.
[1933 SMG, s. 1]
(5) Where a grant has been made under subsection (1) to a council in respect of any local financial year and the amount of the grant is less than one-half of the expenses incurred by the council in such year in providing food under this Chapter, the difference between the grant and such one-half shall for the purposes of this Chapter be the deficiency in relation to the council in respect of such year.
num: 286
paragraphs: —The Minister may make regulations for all or any of the following purposes—
(a) securing the adequacy and efficiency of the arrangements made by county councils for providing meals under this Chapter;
(b) fixing the manner of accounting by county councils in relation to expenses incurred by them in providing food under this Chapter;
(c) fixing the times at which and the manner in which sums payable under this Chapter by the Minister to county councils are to be paid.
num: 287
paragraphs: —All expenses incurred by a county council to which this Chapter applies in carrying this Chapter into effect shall, so far as such expenses are not met by grants by the Minister under this Chapter, be deemed to be expenses incurred by it under the Local Government (Sanitary Services) Acts, 1878 to 1964.
num: 288
paragraphs: —The following district electoral divisions shall comprise the Gaeltacht for the purposes of this Chapter—
IN THE COUNTY OF CORK.
Adrigole
Kilcaskan
IN THE COUNTY OF DONEGAL.
Annagary
Dunlewy
Largymore
Aran
Fintown
Lettermacaward
Ardara
Glencolumbkille
Maas
Binbane
Glengesh
Magheraclogher
Bonnyglen
Glenleheen
Maghery
Cross Roads
Glenties
Malinbeg
Crovehy
Gortahork
Meenaclady
Crowkeeragh
Graffy
Mulmosog
Crownarad
Inishkeel
Rutland
Dawros
Kilcar
Tieveskeelta
Doocharry
Kilgoly
Dunglow
Killybegs
IN THE COUNTY OF GALWAY.
Ballynakill (Clifden R.D)
Derrylea
Doonloughan
Letterbrickaun
Letterfore
Bencorr
Errislannan
Lettermore
Bunowen
Gorumna
Moyrus
Camus
Illion
Owengowla
Cleggan
Inishbofin
Rinvyle
Clifden
Inishmore
Ross
Cloonbur
Cong
Kilcummin (Galway R.D)
Roundstone
Selerna
Crumpaun
Cur
Kilcummin (Oughterard R.D)
Sillerna
Skannive
Cushkillary
Killannin
Spiddle
Derrycunlagh
Knockboy
Turlough
IN THE COUNTY OF KERRY.
Bahaghs
Darrynane
Lickeen
Ballinskelligs
Derriana
Loughcurrane
Ballybrack
Dunquin
Marhin
Brandon
Dunurlin
Mastergeehy
Caher
Emlagh
Portmagee
Caherdaniel
Glanbehy
St. Finan's
Canuig
Killinane
Teeranearagh
Castlequin
Kilmalkedar
Valencia
Cloghane
Kilquane
Ventry
IN THE COUNTY OF MAYO.
Achill
Belmullet
Knockadaff
An Geata MÃ³r Thuaidh
Clare Island
Knocknalower
An Geata MÃ³r Theas
Corraun Achill
Muingnabo
Ballycroy North
Dooega
Muings
Ballycroy South
Glenamoy
Rath Hill
Bangor
Glencastle
Sheskin
Barroosky
Glenco
Slievemore
Beldergmore
Goolamore
num: 289
paragraphs: —(1) In this Chapter—
“cheap fuel scheme” means a scheme approved of by the Minister for the provision of fuel for specified categories of persons;
“timber” means timber (including growing timber) suitable for use as, or for conversion into, firewood;
“urban authority” means any body which is—
(a) the corporation of a county borough,
(b) the corporation of a borough other than a county borough,
(c) the council of an urban district, or
(d) the commissioners of a town.
(2) For the purposes of a cheap fuel scheme made by an urban authority, that authority may—
(a) acquire by agreement any timber or turf,
(b) by direct labour or contract, fell any timber so acquired,
(c) by direct labour or contract, convert or partly convert any timber so acquired into firewood, and
(d) transport, store, sell or dispose of any timber or turf so acquired.
(3) Nothing in subsection (2) shall be construed as restricting the operation of the Forestry Acts, 1946 to 1976.
num: 290
paragraphs: —In this Part “a document to which this Part applies” means every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any benefit, assistance or a children's allowance under this Act is payable to him.
num: 291
paragraphs: —Every person who buys, takes in exchange or takes in pawn any document to which this Part applies shall be guilty of an offence under this section.
num: 292
paragraphs: —Every alienation or purported alienation of a document to which this Part applies, whether made by way of sale, exchange or hypothecation shall be and be deemed always to have been void and of no effect.
num: 293
paragraphs: —(1) Every person who, by virtue of an alienation or purported alienation declared by this Part to be void, has in his possession a document to which this Part applies shall, in the case of any such document issued in respect of any benefit, assistance or a children's allowance payable under this Act, on demand by a social welfare officer forthwith deliver such document to such officer or, where no such demand is made by a social welfare officer, on demand by the owner of such document or his duly authorised agent, forthwith deliver such document to such owner or agent.
(2) Every person who, on a demand being made on him under this section, fails to deliver in accordance with this section a document which he is required by this section so to deliver shall be guilty of an offence under this section.
(3) Where a person is convicted of an offence under this section the court by which he is so convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the document in respect of which the offence was committed to the owner thereof or, where appropriate, to a social welfare officer.
num: 294
paragraphs: —Every person who is guilty of an offence under any section of this Part shall be liable—
(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
num: 295
paragraphs: —The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.
num: 296
paragraphs: —(1) Subject to this Part and in accordance with any relevant regulations, every question to which this section applies shall be decided by a deciding officer.
(2) This section applies to every question arising under—
(a) Part II (social insurance), being a question referred to in section 111 ,
(b) Part III (social assistance) other than Chapter 3 (old age pension) except as provided by section 162 (2) and Chapter 6 (supplementary welfare allowance),
(c) Part IV (children's allowance), and
(d) Part V (intermittent unemployment insurance), being a question referred to in section 271 .
num: 297
paragraphs: —(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of this Act, except the provisions relating to supplementary welfare allowance, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister.
(2) One of the appeals officers shall be designated by the Minister to be the Chief Appeals Officer and another of them shall be designated by the Minister to act as the deputy for the Chief Appeals Officer when that Officer is not available.
(3) The Chief Appeals Officer shall be responsible for the distribution amongst the appeals officers of the references to them and for the prompt consideration of such references.
num: 298
paragraphs: —(1) If any person is dissatisfied with the decision given by a deciding officer or by a local pension committee the question shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.
[1908 OAP, s. 7(1) (d); S.I. No. 9 of 1953 ]
(2) If any person, including a social welfare officer, is aggrieved by the refusal or neglect of a local pension committee to consider a claim for an old age pension or a blind pension or to determine any question referred to them, that person may submit the matter to the Minister who may, if he considers that the local pension committee have refused or neglected to consider and determine the claim or question within a reasonable time, refer the claim or question to the Chief Appeals Officer to be determined in the same manner as on an appeal from the decision of the local pension committee.
(3) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.
(4) Regulations may provide for the procedure to be followed on appeals and references under this section.
(5) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.
[1966 OI, s. 38]
(6) The decision of an appeals officer on any question—
(a) specified in section 111 (1) (a) (b) or (c), other than a question arising under Chapter 5 of Part II as to whether an accident arose out of and in the course of employment, or
(b) arising under Part III or IV, or
(c) specified in section 271 (a) (b) (c) (d) or (e),
shall, subject to section 300 (3) and 300 (4), be final and conclusive.
(7) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.
(8) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.
(9) A notice under subsection (8) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides.
[1976 (No. 2), s. 2]
(10) A person to whom a notice under subsection (8) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.
(11) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.
(12) (a) The Minister may appoint any person whom he considers suitable to sit as an assessor with an appeals officer when any question which appears to the Minister to require the assistance of assessors is heard.
(b) The Minister may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the prescribed manner from such panels to so sit when any question which is of a class prescribed as being appropriate for the assistance of assessors is heard.
(c) Any matter referred to an appeals officer under this section and to be heard by the appeals officer sitting with any such assessor may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.
(13) The Minister may pay to assessors referred to in subsection (12) such amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.
num: 299
paragraphs: —Where any question other than a question to which section 298 (6) applies is referred to an appeals officer—
(a) the Minister may, on the request of the Chief Appeals Officer, refer the question for the decision of the High Court, and
(b) if the question is decided by an appeals officer, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.
num: 300
paragraphs: —(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision.
(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 unless the revised decision would be in favour of a claimant.
(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given.
(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts, and, save where the question is a question to which section 298 (6) applies, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law.
(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows—
(a) where any benefit (including supplementary benefit under Part V ), assistance or a children's allowance will, by virtue of the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2 of Part III is revoked and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be), continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;
(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but—
(i) any payment of benefit (including supplementary benefit under Part V ) already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of section 113 (2) (b), as paid on account of another benefit) not be affected, and
(ii) any payment of any assistance or children's allowance already made at the date of the revision shall not be affected, though it may be treated as paid on account of other assistance or children's allowance or on account of benefit (other than supplementary benefit under Part V ) where it is decided that such other assistance, allowance or benefit was properly payable.
[ S.I. No. 305 of 1953 ]
(6) Where it appears to the Minister that a question has arisen or may arise as to whether—
(a) the conditions for the receipt of assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance payable under a decision are or were fulfilled, or
(b) a decision that such assistance or such allowance is payable ought to be revised under this section,
he may direct that payment of the assistance or allowance shall be suspended in whole or in part until the question has been decided.
(7) Where, in accordance with the provisions of this Act—
[ S.I. No. 127 of 1963 ]
(a) a decision is varied or reversed by a deciding officer, a local pension committee or an appeals officer so as to disallow or reduce assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance paid or payable to a person, and
(b) the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact,
any such assistance or children's allowance repayable in pursuance of the revised decision may, without prejudice to any other method of recovery and in addition to the existing powers of recovery under this Act, be recovered by deduction from either benefit (except maternity benefit, orphan's (contributory) allowance or supplementary benefit under Part V ) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled.
(8) A reference in this section to revision includes a reference to revision consisting of a reversal.
num: 301
paragraphs: —A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of that decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.
num: 302
paragraphs: —Stamp duty shall not be chargeable upon any document by which any payment, refund, repayment or return pursuant to this Act is made.
num: 303
paragraphs: —(1) Where, for the purposes of this Act (other than Chapter 6 of Part III ), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health, be entitled to obtain, on payment of the fee set out therefor—
(a) a copy of an entry in a register of birth—five pence,
(b) a copy of an entry in a register of deaths—seven and one-half pence,
(c) a copy of an entry in a register of marriages—seven and one-half pence,
certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.
[ S.I. No. 168 of 1977 ]
(2) Where, for the purposes of Chapter 6 of Part III or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in such form and containing such particulars as may be directed by the Minister for Health, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.
(3) Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.
(4) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations alter the fees set out in subsection (1).
num: 304
paragraphs: —Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit or assistance or a children's allowance shall be void and on the bankruptcy of any person entitled to benefit or assistance or allowance, the benefit or assistance or allowance (as the case may be) shall not pass to any trustee or other person acting on behalf of the creditors.
num: 305
paragraphs: —Any sum received by any person by way of benefit, children's allowance or assistance with the exception of assistance under Chapters 2 and 3 of Part III shall not be included in calculating that person's means for the purposes of section 6 of the Debtors Act (Ireland), 1872 .
num: 306
paragraphs: —(1) In assessing damages in any action under the Fatal Injuries Act, 1956 , or Part IV of the Civil Liability Act, 1961 , whether commenced before or after the passing of this Act, there shall not be taken into account any children's allowance, widow's (contributory) pension, orphan's (contributory) allowance or widow's or orphan's (non-contributory) pension.
num: 307
paragraphs: —(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other State or Government or the proper authority under any other Government, in respect of matters relating to insurance and benefits under Part II , old age and blind pensions, widow's or orphan's (non-contributory) pensions, unemployment assistance and children's allowances, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.
(2) The Minister may by order amend or revoke an order under this section.
num: 308
paragraphs: —(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations vary all or any of the rates of benefit, allowance, pension or assistance.
(2) Regulations under subsection (1) shall not so vary the rate of any benefit, allowance, pension or assistance as to reduce the amount of the rate payable at the commencement of the regulations.
num: 309
paragraphs: —The Minister may make regulations for the purpose of securing the continuity of the provisions of the Social Welfare (Amendment) Act, 1978 , contained in this Act, with any provision repealed or amended by that Act or otherwise for the preservation of rights conferred under or by virtue of any of those provisions. Without prejudice to the generality of the foregoing, regulations under this section may provide for the manner in which contributions paid or credited in respect of any period before the commencement of any provision of the Social Welfare (Amendment) Act, 1978 , shall be taken into account for the purpose of determining entitlement to any benefit under this Act after such commencement.
num: 310
paragraphs: —Subject to this Part, this Act shall come into operation on such day as the Minister by order appoints, and the enactments mentioned in the Sixth Schedule (which enactments are in this Act referred to as repealed enactments) are hereby repealed to the extent mentioned in the third column of that Schedule as from that day: provided that the provisions of the repealed enactments shall continue to apply to benefit, assistance and the miscellaneous schemes under Parts IV , V and VI prior to the commencement of this Act to the same extent that they would have applied thereto if this Act had not been passed.
num: 311
paragraphs: —The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—
(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;
(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.
num: 312
paragraphs: —(1) All officers appointed under the repealed enactments and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.
(2) All instruments and documents made or issued under the repealed enactments and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.
num: 313
paragraphs: —(1) For the purposes of this section “the Society” means Cumann an Ã?rachais NÃ¡isiÃºnta ar ShlÃ¡inte.
(2) Where a person was immediately before 1st August, 1950, an officer or employee of the Society and, pursuant to section 7 of the Social Welfare Act, 1950 , was appointed to a situation in the civil service of the Government, notwithstanding anything contained in any other enactment, he shall, for the purposes of the Superannuation Acts, 1834 to 1963, be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.
(3) Where a person to whom subsection (2) applies was a member of the pension fund under the pension scheme established consequent on the report made pursuant to paragraph (d) of section 10 of the National Health Insurance Act, 1933 , such of his service under the Society and of his previous service (if any) under an approved society as, but for Part II of the Social Welfare Act, 1950 , would have been reckonable as pensionable service for the purpose of that scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1963.
(4) In any application of the Superannuation Acts, 1834 to 1963, to a female person to whom subsection (3) applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.