CHAPTER 2

Disability Benefit

18. —(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, if—

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

(b) he satisfies the contribution conditions in section 19 .

[1980, s. 17]

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

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of disability benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) 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 he 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 two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

[1980, s. 17]

(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: provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the first day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 74 (2) applies,

(e) 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.

(5) Regulations may make provision (subject to subsection (4)) 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.

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

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

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

[S.I. No. 383 of 1980]

(2) Where a person has been entitled to payment of disability benefit in respect of any day which is on or after 3rd January, 1981, or would but for the provisions of section 18 (2) or 23 (1) have been so entitled, then, as respects 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 paragraph (b) of subsection (1), be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to such benefit has not been exhausted up to and including the 312th day in that period in respect of which such benefit has been paid.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions 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. 28]

(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

20. —Subject to this Act, the weekly rates of disability benefit shall be as set out in column (2) of Part I of the Second Schedule .

21. —(1) The weekly rate of disability benefit 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 benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of disability benefit 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.

22. —(1) Where a person—

(a) has qualifying contributions in respect of less than 156 contribution weeks in the period between his 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), to disability benefit for 312 days,

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

(2) Where a person has exhausted his right to disability benefit—

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

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

(3) 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.

23. —(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Part 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) 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 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.

[1952, s. 29]

(3) Regulations may also provide for disqualifying a person 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.

(4) For the purposes of subsection (3), 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.