CHAPTER 18

Miscellaneous Provisions

124. —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.

125. —(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.

126. —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.

127. —(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.

128. —(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.

129. —(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.

130. —(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.

131. —(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.

132. —(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 .

133. —(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.