PART III.

Benefit.

Preliminary.

14. —(1) Benefit shall be of the following descriptions:—

(a) disability benefit,

(b) unemployment benefit,

(c) marriage benefit, which shall consist of marriage grant,

(d) maternity benefit, which shall comprise maternity grant and maternity allowance,

(e) widow's (contributory) pension,

(f) orphan's (contributory) allowance.

(2) Subject to section 25 of this Act and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1) of this section, also include treatment benefit.

(3) Subject to the provisions of this Act—

(a) the weekly rates of the several descriptions of benefit set out in the first column of Part I of the Third Schedule to this Act shall be as set out in the second column of the said Part I and the amount of a marriage grant or a maternity grant shall be as set out in Part II of that Schedule,

(b) the contribution conditions for the several descriptions of benefit (other than treatment benefit) shall be as set out in the Fourth Schedule to this Act.

(4) Regulations may provide for modifications of any of the contribution conditions set out in the Fourth Schedule to this Act, 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.

(5) Benefit shall be paid or provided for out of the Fund.

Disability and Unemployment Benefit

15. —(1) Subject to the provisions of this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work which forms part of a period of interruption of employment, and to unemployment benefit in respect of any day of unemployment which forms part of such a period, if—

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

(b) he satisfies the relevant contribution conditions.

(2) A person shall not be entitled to disability benefit or unemployment benefit for the first three days of any period of interruption of employment.

(3) For the purposes of any provision of this Act relating to disability or unemployment benefit—

(a) a day shall not be treated in relation to an insured person—

(i) as a day of incapacity for work unless on that day he is incapable of work,

(ii) 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 incapacity for work or of unemployment,

(c) any three days of interruption of employment, whether consecutive or not, within a period of six 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 thirteen 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 incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.

(4) Regulations may make provision (subject to subsection (3) of this section) as to the days which are or are not to be treated for the purposes of disability benefit and unemployment benefit as days of incapacity for work or of unemployment.

(5) The amount payable by way of benefit for any day of incapacity for work or of unemployment shall be one sixth of the appropriate weekly rate.

16. —(1) Where as respects a person—

(a) in respect of the period between his entry into insurance and any day of incapacity for work, less than one hundred and fifty-six employment contributions have been paid in respect of him, and

(b) before that day he has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for three hundred and twelve days,

he shall not be entitled to disability benefit for that day unless since the last of the said three hundred and twelve days and before that day he has requalified for benefit.

(2) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for one hundred and fifty-six days shall not thereafter 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 sixty-five years of age, not less than one hundred and fifty-six employment contributions have been paid in respect of the period between his entry into insurance and the day for which unemployment benefit is claimed.

(3) Where a person has exhausted his right to either of the said benefits—

(a) he shall requalify therefor when thirteen employment contributions have been paid in respect of him in respect of contribution weeks begun or ended since the last day for which he was entitled to that benefit,

(b) on his requalifying therefor, subsection (1) or (2), as the case may be, of this section 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.

(4) 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.

17. —(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding six weeks as may be determined under the provisions of this Act 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) 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.

(3) 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 the immediately preceding subsection, be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding six weeks as may be determined under the provisions of this Act if—

(a) he has lost his employment through his own misconduct, or has voluntarily left his employment without just cause, or

(b) he has refused an offer of suitable employment, or

(c) he 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.

(5) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of disability benefit or unemployment benefit and restrictions or 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.

(6) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is either—

(a) employment in a situation vacant in consequence of a stoppage 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.

(7) 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.

Marriage Benefit.

18. —Subject to the provisions of this Act, a woman shall be entitled on marriage to marriage benefit if she satisfies the relevant contribution conditions.

Maternity Benefit.

19. —(1) Subject to the provisions of this Act, a woman who has been confined shall be entitled—

(a) if she satisfies the relevant contribution conditions and her husband does not or if her husband satisfies the relevant contribution conditions and she does not—to one maternity grant, and

(b) if she satisfies the relevant 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.

20. —(1) Subject to the provisions of this Act, a woman shall be entitled to a maternity allowance if—

(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 relevant contribution conditions.

(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of twelve weeks beginning with the sixth 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 before or after the expected week of confinement, the allowance shall, subject to paragraph (a) of this subsection, be payable until the expiration of the sixth week after the week in which that date occurs and no longer.

(3) Regulations may modify subsections (1) and (2) of this section 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 paragraph (a) of the said subsection (1) has been given.

(4) 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.

(5) In this section, “week” means a contribution week.

21. —(1) For the purposes of the provisions of this Act relating to maternity benefit—

(a) “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight 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 (No. 17 of 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 benefit.

Widow's (Contributory) Pension.

22. —(1) Subject to the provisions of this Act, a widow shall be entitled to a widow's (contributory) pension if the relevant contribution conditions are satisfied by her or by her husband's insurance, but she shall not be entitled to the benefit by virtue both of her own and of her husband's insurance.

(2) A widow's (contributory) pension shall not be payable for any period after the remarriage of the widow or after she attains pensionable age.

(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.

(4) In this section, “the husband”, in relation to a woman who has been married more than once, refers only to her last husband.

Orphan's (Contributory) Allowance.

23. —Subject to the provisions of this Act, an orphan's (contributory) allowance shall be payable in respect of an orphan if the relevant contribution condition is satisfied.

24. —(1) Subject to the provisions of this section, 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.

Treatment Benefit.

25. —(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) of this section shall not exceed in the aggregate such sums (subject to a limit of five hundred thousand pounds in each financial year) 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 the next following subsection and shall then expire.

(5) The Minister may by order appoint a day to be the day on which this section expires.

Additional Rights to Benefit.

26. —The weekly rate of disability benefit or unemployment benefit shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act 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, or

(c) the beneficiary, being a single man or a widower, is maintaining wholly or mainly a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him,

subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this section in respect of more than one person specified in paragraph (c) of this section.

27. —(1) The weekly rate of disability benefit or unemployment benefit shall be increased by the amount set out in column (4) of Part I of the Third Schedule to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary.

(2) The weekly rate of a widow's (contributory) pension shall be increased by the amount set out in column (4) of Part I of the Third Schedule to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and who—

(a) normally resided with her or the husband immediately before the death of the husband, or

(b) being a child or step-child, or children or step-children, of the husband, became normally resident with her subsequent to the death of the husband.

(3) In this section, “the husband”, in relation to a woman who has been married more than once, refers only to her last husband.

28. —(1) Subject to the provisions of this section, regulations may provide for entitling to disability benefit, unemployment benefit or marriage benefit persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the number of contributions paid or credited in a contribution year.

(2) Regulations for the purposes of this section shall provide that benefit payable by virtue thereof shall be payable at a rate, or shall be of an amount, less than that specified in the Third Schedule to this Act, and the rate or amount specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit in respect of a qualified child shall be the same as if the relevant contribution conditions had been fully satisfied.

Miscellaneous Provisions as to Benefit.

29. —(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—

(a) for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, and

(b) 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.

(3) For the purposes of this Part of this Act 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.

30. —Where a woman marries, she shall be disqualified for receiving maternity benefit (by virtue of her own insurance), disability benefit, unemployment benefit and treatment benefit until twenty-six employment contributions have been paid in respect of her subsequent to her marriage.

31. —(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 26 of this Act 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) of this section 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) of this section for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.

32. —(1) Regulations may, with respect to cases in which more than one benefit or a benefit and any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provide—

(a) for adjusting any benefit or any pension, allowance or assistance such as aforesaid (including disallowing payment thereof either wholly or partly) that may be payable to such person, or

(b) for recoupment from the Fund 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.

For the purposes of this subsection—

(i) an increase of benefit may be regarded as a separate benefit, and

(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.

(2) Regulations may provide for recoupment from the Fund to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which benefit was not received.

(3) Regulations may, with respect to 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.

(4) Regulations may provide for adjusting any disability benefit (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.

(5) Regulations may, with respect to 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 (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.

(6) In subsection (5) of this section—

“Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 and 1948, or the enactments repealed by the Workmen's Compensation Act, 1934 (No. 9 of 1934), or the enactments repealed by the Workmen's Compensation Act, 1906,

the reference to a person 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.

33. —(1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of the beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) Any sum received by any person by way of benefit shall not be included in calculating his means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

34. —(1) In assessing damages in any action under the Fatal Accidents Acts, 1846 to 1908, whether commenced before or after the appointed day, there shall not be taken into account any widow's (contributory) pension or orphan's (contributory) allowance payable under this Act.

(2) In assessing damages in any action under the Employers' Liability Act, 1880, or at common law in respect of injury or disease or in computing the amount of compensation under sub-clause (ii) of clause (a) of paragraph (1) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 (No. 9 of 1934), whether proceedings to recover such damages or compensation have been commenced before or after the appointed day, there shall not be taken into account any benefit.

Supplementary.

35. —(1) Where an employer has failed or neglected—

(a) to pay any employment contribution which under this Act 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 Act 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) of this section 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.

(3) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Act in respect of the same failure or neglect.

36. —Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part of this Act to be wholly or mainly maintaining another person.

37. —(1) Notwithstanding any other provision of this Act, but subject to subsection (2) of this section, a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, marriage benefit, maternity benefit or treatment benefit.

(2) Notwithstanding subsection (1) of this section, any benefit mentioned in subsection (1) of this section may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.

38. —(1) The Minister may arrange for the issue for the purposes of this Act 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.