CHAPTER 15

Invalidity Pension

[1981, s. 88(1)]

95.—(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 96.

[1981, s. 88(3)]

(2) 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.

[1981, s. 88(4)]

(3) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.

[1981, s. 89(1); 1987 (No. 2), s. 9(1)]

96.—(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 260 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.

[1993, s. 9(1)]

(2) In this section “relevant date” means—

(a) any date subsequent to the completion of 1 year of continuous incapacity for work, or

(b) such lesser period as may be prescribed, subject to such conditions and in such circumstances as may be prescribed,

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.

[1987, ss. 8(5), (6)(e); 1987 (No. 2), s. 9(2)]

(3) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced before the 6th day of April, 1987, or

(b) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987 but before the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “156” were substituted for “260”.

[1987, s. 8(6)(e); 1987 (No. 2), s. 9(2)]

(4) In the case of person who is in receipt of invalidity pension where—

(a) the period of entitlement to invalidity pension commenced on or after the 6th day of April, 1987, and before the 4th day of January, 1988, or

(b) the period of entitlement to invalidity pension commenced on or after the 4th day of January, 1988 and who, immediately before that date, had been in receipt of disability benefit for a period greater than 312 days,

subsection (1)(a) shall be construed as if “208” were substituted for “260”.

[1987 (No. 2), s. 9(3)]

(5) Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work commences on or after the 7th day of July, 1988.

[1981, s. 89(3)]

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

[1981, s. 89(4)]

97.—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.

[1981, s. 90]

98.—Subject to this Part, the weekly rate of invalidity pension shall be as set out in column (2) of Part I of the second Schedule .

[1981, s. 91(1)]

99.—(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.

[1982, s. 2(8)]

(2) The weekly rate of invalidity pension shall be increased by the appropriate 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.

[1985 (No. 2), s. 4]

(3) Any increase of invalidity pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 91(4)]

(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

[1992, s. 5(3)]

(5) The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.