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26 2005

Social Welfare Consolidation Act 2005

Chapter 8

Disability Benefit

Entitlement to benefit.

[1993 s31(1)]

40. —(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, where—

(a) the person is under pensionable age on the day for which the benefit is claimed, and

(b) he or she satisfies the contribution conditions in section 41 .

[1993 s31(2)]

(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.

[1993 s31(3); 2003 s8]

(3) 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 the person 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 2 such periods not separated by a period of more than 26 weeks shall be treated as one period of interruption of employment,

(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 and a period of incapacity for work is deemed to include any day or days of unemployment in the period of 3 consecutive days before the first day of incapacity for work,

(e) notwithstanding paragraph (d), in the case of a person who, on or after 1 April 2002, has been in receipt of disability benefit for not less than 1,560 days in respect of a period of incapacity for work and who, within the same period of interruption of employment, has subsequent periods of incapacity for work, any 2 such subsequent periods of incapacity for work within that period of interruption of employment not separated by a period of more than 13 weeks shall be treated as one period of incapacity for work,

(f) Sunday or any other day in each week that 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,

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

(h) any 2 periods of incapacity for work separated by a period in respect of which an insured person is being paid by his or her employer in respect of holiday leave shall be treated as one period of incapacity for work.

[1993 s31(4)]

(4) Subject to subsection (3), regulations may make provision 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.

[1993 s31(5); 2001 s37 & Sch F]

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

[1993 s31(6)]

(6) A person who was in receipt of maternity benefit under section 47 on any of the 3 days before the day in respect of which a claim for disability benefit is made shall not be entitled to disability benefit for the first 3 days of incapacity for work in respect of that claim.

Conditions for receipt.

[1993 s32(1); 2003 s9(1)]

41. —(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and

[2005 (SW&P) s11(a)]

(b) that the claimant—

(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or

(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,

and

[1993 (No. 2) s7]

(c) that the claimant has—

(i) prescribed reckonable weekly earnings, or

(ii) in the case of a person who qualifies for disability benefit by virtue of having paid optional contributions, prescribed reckonable weekly income,

in excess of a prescribed amount in the prescribed period.

[1993 s32(2); 2005 (SW&P) s26 & Sch 4]

(2) In the case of a claim for disability benefit where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”.

[2003 s9(1)(b)]

(3) In the case of a claim for disability benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004, subsection (1)(a) shall be read as if “39” were substituted for “52”.

[1993 s32(3); 2005 (SW&P) s11(a)]

(4) Regulations may provide for entitling to disability benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.

[1993 s32(4)]

(5) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3 January 1981, or would but for section 40 (2) or 46(1) have been so entitled, then, in relation to 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 subsection (1)(b), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to that benefit has not been exhausted up to and including the 312th day in that period in respect of which the benefit has been paid.

[1993 s32(5)]

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

[1993 s32(6)]

(7) Subject to subsection (8), regulations may provide for entitling to disability benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied.

[1993 s32(7)]

(8) Regulations under subsection (7) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 and the rate specified by the regulations may vary with the extent to which either of the conditions set out in subsection (1)(c) is satisfied.

[1993 s32(8)]

(9) The requirement contained in subsection (1)(b)(i) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work beginning before 1 July 1992.

[1993 (No. 2) s12; 1999 s24(1)]

(10) The requirement contained in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for disability benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.

[2005 (SW&P) s4(1)]

(11) In the case of any claim for disability benefit, where, at the time of application for that benefit, the claimant—

(a) is in receipt of or entitled to unemployment assistance under section 142 (1)(a), and

(b) has qualifying contributions in respect of not less than 260 weeks,

subsection (1)(b)(i) shall be read as if “39 contribution weeks” were substituted for “39 contribution weeks, of which at least 13 must be qualifying contributions” and subsection (1)(c) shall not apply.

[2005 (SW&P) s4(1)]

(12) In the case of any claim for disability benefit where, on the date immediately before the claim, a person was in receipt of or entitled to occupational injury benefit, subsection (1)(b)(i) shall be read as if “in the second last or third last complete contribution year” were substituted for “in the second last complete contribution year”.

Rate of benefit.

[1993 s33]

42. —Subject to this Act, the weekly rate of disability benefit shall be as set out in column (2) of Part 1 of Schedule 2.

Increases for qualified adult and qualified children.

[1993 s34(1); 1997 s28(4) & Sch F]

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

[1993 s34(2); 1994 s32 & Sch F]

(2) The weekly rate of disability benefit shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary.

[1993 s34(3); 2003 s10(1)(a)]

(3) Subject to subsection (4), any increase of disability benefit payable under subsection (2) in respect of a qualified child who normally resides with the 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 a qualified adult and subsection (2) shall be read and have effect accordingly.

[2003 s10(1)(a)]

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

Duration of payment.

[1993 s35(1)]

44. —(1) Where a person—

(a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her 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) during the period beginning on the date one year immediately before that day, to disability benefit for 312 days,

the person shall not be entitled to disability benefit for that day unless since the last of those 312 days and before that day he or she has requalified for benefit.

[1993 s35(2)]

(2) In the case of a claim for disability benefit which was made before 5 April 1993 subsection (1)(b) shall be read as if “3 years” were substituted for “one year”.

[1993 s35(3)]

(3) Notwithstanding subsection (1), where in any period a person has exhausted entitlement to disability benefit he or she shall not requalify for that benefit unless he or she satisfies the conditions set out in subsection (4).

[1993 s35(4)]

(4) Where a person has exhausted his or her right to disability benefit—

(a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to benefit, and

(b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.

[1993 s35(5)]

(5) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of section 46 (1) shall be treated as though it were a period in respect of which disability benefit was paid.

[1993 s35(6)]

(6) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where he or she would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1993 s35(7)]

(7) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and the person would be entitled to disability benefit but for the fact that the contribution condition in section 41 (1)(b)(i) or (ii) is not satisfied, the person is deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.

[1993 s35(8)]

(8) In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began before 6 April 1987, subsection (1)(a) shall be read as if “156” were substituted for “260”.

[1993 s35(9)]

(9) In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began on or after 6 April 1987 and before 4 January 1988, subsection (1)(a) shall be read as if “208” were substituted for “260”.

[1993 s35(10)]

(10) Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work began on or after 4 July 1988.

Duration of payment (optional contributors).

[1993 (No.2) s7]

45. —(1) Notwithstanding section 44 , where in any period of interruption of employment a person, having satisfied the contribution conditions contained in section 41 by virtue of having paid optional contributions, has been entitled to disability benefit for 312 days, he or she shall not be entitled to that benefit for any subsequent day of incapacity for work unless before that day the person has requalified for benefit in accordance with subsection (2).

[1993 (No.2) s7]

(2) Where a person to whom subsection (1) applies has paid optional contributions in the contribution year following the benefit year which includes that 312th day, he or she shall requalify for disability benefit in the benefit year after the contribution year in respect of which those optional contributions have been paid.

Disqualifications.

[1993 s36(1)]

46. —(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 9 weeks as may be determined under this Part where—

(a) the person has become incapable of work through his or her own misconduct, or

(b) the person fails without good cause to attend for or to submit himself or herself to any medical or other examination or treatment that may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

[1993 s36(2)]

(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 of that benefit where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or injustice.

[1993 s36(3)]

(3) Regulations may also provide for disqualifying a person for the receipt of disability benefit where he or she fails, on becoming or again becoming incapable of work, to make a claim within the prescribed time, but those regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.