CHAPTER 10

Invalidity Pension

88. —(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.

89. —(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.

90. —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 .

91. —(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]

(2) The weekly rate of invalidity pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary 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.

[1952, s. 26; 1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977. s. 14 (2)]

(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 person entitled to the pension has attained pensionable age and is living alone.