Table of Contents
Social Welfare (Consolidation) Act, 1993 (No. 27)Introductory TextActs Referred toPart I Preliminary (ss. 1-5)1. Short title.2. Definitions.3. Interpretation generally.4. General provisions as to regulations.5. Expenses.Part II Social Insurance (ss. 6-117)Chapter 1 The Social Insurance Fund (ss. 6-8)6. Sources of moneys for benefits.7. Social Insurance Fund.8. Payments from Fund for acquisition of land, etc.Chapter 2 Employed Contributors and Employment Contributions (ss. 9-16)9. Employed contributors and insured persons.10. Employment contributions.11. Modified insurance.12. Calculation of reckonable earnings.13. Employment by more than one employer.14. Payment of contributions and keeping of records.15. Priority debts to Social Insurance Fund in a company winding-up.16. Winding-up and bankruptcy.Chapter 3 Self-Employed Contributors and Self-Employment Contributions (ss. 17-20)17. Self-employed contributors and insured persons.18. Rates of self-employment contributions and related matters.19. Regulations providing for determination of contributions payable.20. Regulations for collection of self-employment contributions, etc.Chapter 4 Voluntary Contributors and Voluntary Contributions (ss. 21-24)21. Voluntary contributors.22. Voluntary contributions by former employed contributors.23. Voluntary contributions by former self-employed contributors.24. Calculation of voluntary contributions.Chapter 5 General (ss. 25-29)25. Employment outside State.26. Regulations varying rates and amounts of contributions.27. Exceptions and credits.28. Return of contributions paid in error.29. Return of contributions where entry into insurance occurs after specified age.Chapter 6 Description of Benefits (s. 30)30. Description of benefits.Chapter 7 Disability Benefit (ss. 31-36)31. Entitlement to benefit.32. Conditions for receipt.33. Rate of benefit.34. Increases for adult and child dependants.35. Duration of payment.36. Disqualifications.Chapter 8 Maternity Benefit (ss. 37-41)37. Entitlement to and duration of benefit.38. Conditions for receipt.39. Rate of benefit.40. Disqualifications.41. Supplementary provisions.Chapter 9 Unemployment Benefit (ss. 42-47)42. Entitlement to benefit.43. Conditions for receipt.44. Rate of benefit.45. Increases for adult and child dependants.46. Duration of payment.47. Disqualifications.Chapter 10 Occupational Injuries Benefits (ss. 48-77)Preliminary (s. 48)48. Interpretation.Insurable Employment (ss. 49-52)49. Occupational injuries insurance.50. Insurable (occupational injuries) employment.51. Extension of meaning of references to accidents arising out of and in course of employment.52. Accidents in illegal employment and accidents outside State.Benefits (ss. 53-65)53. Injury benefit.54. Disablement benefit.55. Increase of injury benefit and disablement pension for adult and child dependants.56. Increase of disablement pension on account of unemployability.57. Increase of disablement pension where constant attendance is needed.58. Adjustments for successive accidents.59. Entitlement to death benefit.60. Death benefit for widows and widowers and increases for qualified children, etc.61. Death benefit parents.62. Death benefit orphans.63. Death benefit funeral expenses.64. Supplements to workmen's compensation payments.65. Cost of medical care.Prescribed Diseases (s. 66)66. Insurance against prescribed diseases and injuries not caused by accident.Occupational Accidents (ss. 67-69)67. Notice of accidents.68. Reporting of accidents by employers.69. Declaration that accident is an occupational accident.Miscellaneous (ss. 70-77)70. Disqualifications for injury benefit or disablement benefit and suspension of proceedings.71. Treating person as incapable of work, etc.72. Medical treatment.73. Rehabilitation.74. Research.75. Taking of benefit into account in assessing damages.76. Saver for repeal of Workmen's Compensation Acts.77. Construction of certain references in Local Government (Superannuation) Act, 1956.Chapter 11 Pay-Related Benefit (ss. 78-82)78. Interpretation.79. Entitlement to benefit.80. Rate of benefit.81. Duration of payment.82. Regulations.Chapter 12 Old Age (Contributory) Pension (ss. 83-87)83. Entitlement to pension.84. Conditions for receipt.85. Disregard of self-employment contributions in certain cases.86. Rate of pension.87. Increases (including increases for adult and child dependants).Chapter 13 Retirement Pension (ss. 88-91)88. Entitlement to pension.89. Conditions for receipt.90. Rate of pension.91. Increases (including increases for adult and child dependants).Chapter 14 Survivor's Benefit (ss. 92-94)92. Entitlement to benefit.93. Rate of benefit.94. Increases (including increases for child dependants).Chapter 15 Invalidity Pension (ss. 95-99)95. Entitlement to pension.96. Conditions for receipt.97. Contributions paid under National Health Insurance Acts.98. Rate of pension.99. Increases (including increases for adult and child dependants).Chapter 16 Widow's (Contributory) Pension (ss. 100-105)100. Entitlement to pension.101. Conditions for receipt.102. Determination of date of entry into insurance for certain self-employed contributors.103. Disregard of self-employment contributions in certain cases.104. Rate of pension.105. Increases (including increases for child dependants).Chapter 17 Orphan's (Contributory) Allowance (ss. 106-109)106. Entitlement to allowance.107. Condition for receipt.108. Rate of allowance.109. Payment of allowance.Chapter 18 Deserted Wife's Benefit (ss. 110-113)110. Entitlement to benefit.111. Conditions for receipt.112. Rate of benefit.113. Increases (including increases for child dependants).Chapter 19 Death Grant (ss. 114-116)114. Entitlement to grant.115. Conditions for receipt.116. Amount of grant.Chapter 20 Treatment Benefit (s. 117)117. General provisions as to benefit.Part III Social Assistance (ss. 118-191)Chapter 1 Description of Social Assistance (s. 118)118. Description of assistance.Chapter 2 Unemployment Assistance (ss. 119-126)119. Interpretation.120. Entitlement to assistance.121. Rates of assistance and effect of means on rates.122. Total amount payable to couple.123. Certain claims.124. Amount of increases payable in respect of qualified child in certain cases.125. Disqualifications.126. Disqualifications (continued).Chapter 3 Pre-Retirement Allowance (ss. 127-131)127. Entitlement to allowance.128. Rate of allowance (including increases for adult and child dependants).129. Regulations.130. Integration of single woman's allowance scheme with pre-retirement allowance scheme.131. Single woman's allowance transitional provisions.Chapter 4 Old Age (Non-Contributory) Pension (ss. 132-140)132. Interpretation.133. Entitlement to pension.134. Statutory conditions.135. Special conditions for receipt of pension.136. Rate of pension and increases for child dependants.137. Increases (including increase for one of a couple).138. Amount of increases payable in respect of qualified child normally resident with beneficiary.139. Disqualifications.140. Pensions of persons in certain mental institutions.Chapter 5 Blind Pension (s. 141)141. Entitlement to pension.Chapter 6 Widow's and Orphan's (Non-Contributory) Pensions (ss. 142-151)142. Interpretation.143. Entitlement to pension.144. Rate of pension.145. Increases.146. Disqualifications.147. Provisions against double pensions.Orphan's Pension (ss. 148-151)148. Entitlement to pension.149. Rate of pension.150. Civil proceedings.151. Payment of pension.Chapter 7 Deserted Wife's Allowance (ss. 152-154)152. Entitlement to allowance.153. Regulations.154. Disqualification.Chapter 8 Prisoner's Wife's Allowance (ss. 155-156)155. Entitlement to allowance.156. Disqualification.Chapter 9 Lone Parent's Allowance (ss. 157-162)157. Interpretation.158. Entitlement to allowance.159. Rate of allowance and increases for child dependants.160. Disqualification.161. Prisoners' spouses.162. Regulations.Chapter 10 Carer's Allowance (ss. 163-169)163. Interpretation.164. Entitlement to allowance.165. Rate of allowance.166. Payment of allowance.167. Prescribed relative allowance.168. Entitlement to prescribed relative allowance.169. Regulations.Chapter 11 Supplementary Welfare Allowance (ss. 170-191)170. Interpretation.171. Entitlement to supplementary welfare allowance.172. Exclusion of persons receiving full-time education.173. Exclusion of persons in full-time employment.174. Persons affected by trade disputes.175. Administration.176. Conditions for grant of supplementary welfare allowance.177. Calculation of supplementary welfare allowance.178. Weekly amounts of supplementary welfare allowance for persons of no means.179. Additions to weekly amount of supplementary welfare allowance and other income.180. Allowances in kind.181. Power to make single payment for exceptional need.182. Grant of supplementary welfare allowance in cases of urgency.183. Supplementary welfare allowance granted to persons in receipt of certain health board payments.184. Recoupment of supplementary welfare allowance.185. Arrangements for burials.186. Estimates of income and expenditure in respect of supplementary welfare allowance.187. Financing of health board expenditure.188. Regulations.189. Transfer of certain property.190. Transfer of certain officers and enforceability of contracts.191. Transitional provisions.Part IV Child Benefit (ss. 192-196)192. Qualified child.193. Qualified person.194. Amounts of child benefit.195. Exclusion of child benefit for superannuation or pension purposes.196. Payments to persons absent from State.Part V Family Income Supplement (ss. 197-203)197. Interpretation.198. Entitlement to supplement.199. Rate of supplement.200. Period of payment.201. Person to whom supplement is payable.202. Regulations.203. Receipt of claims.Part VI General Provisions Relating to Social Insurance, Social Assistance and Insurability (ss. 204-245)Preliminary (s. 204)204. Definitions.Chapter 1 Claims and Payments (ss. 205-208)205. Claims.206. Payments.207. Payment to persons other than claimant or beneficiary.208. Statutory declarations.Chapter 2 Provisions Relating to Entitlement (ss. 209-211)209. Overlapping provisions.210. Payments after death.211. Absence from State or imprisonment.Chapter 3 Appointment and Duties of Social Welfare Inspectors (s. 212)212. Social welfare inspectors.Chapter 4 Offences, Miscellaneous Control Provisions and Proceedings (ss. 213-225)Offences (ss. 213-218)213. False statements and offences, including offences relating to bodies corporate.214. Offences in relation to employment contributions.215. Notification by employer, etc. of commencement of employment.216. Information to be furnished by employers to Minister.217. Application of Probation of Offenders Act, 1907.218. Penalties.Miscellaneous Control Provisions Miscellaneous Control Provisions (ss. 219-223)219. Failure to keep records.220. Loss of benefit because of employer's default.221. Information required by Minister.222. Exchange of information.223. Personal social services number.Proceedings (ss. 224-225)224. Provisions relating to prosecutions.225. Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.Chapter 5 Alienation of Books and Documents (ss. 226-229)226. Application.227. Prohibition of alienation of documents.228. Avoidance of alienation of documents.229. Return of documents on demand.Chapter 6 Miscellaneous Provisions (ss. 230-245)230. Provisions as to maintenance.231. Free certificates.232. Stamp duty.233. Birth, marriage and death certificates.234. Inalienability.235. Means for purpose of Debtors Act (Ireland), 1872.236. Exclusion in assessment of damages.237. Taking of disability benefit and invalidity pension into account in assessing certain damages.238. Reciprocal arrangements.239. Administration of social welfare schemes.240. Budgeting in relation to social welfare payments.241. Regulations varying rates of benefit or assistance.242. Effect of means on certain rates of assistance.243. Regulations in relation to benefit or assistance.244. Application of provisions of this Act, etc. by regulations.245. Payment of increases in respect of qualified children.Part VII Decisions, Appeals and Social Welfare Tribunal (ss. 246-276)Chapter 1 Deciding Officers and Decisions by Deciding Officers (ss. 246-250)Appointment and Functions of Deciding Officers (ss. 246-247)246. Appointment of deciding officers.247. Decisions by deciding officers.Revised Decisions by Deciding Officers (ss. 248-250)248. Revision of decisions by deciding officers.249. Effect of revised decisions by deciding officers.250. Reference by deciding officer to appeals officer.Chapter 2 Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers (ss. 251-265)251. Appointment of appeals officers.Chief Appeals Officer (ss. 252-256)252. Chief Appeals Officer.253. Reference of appeal to High Court by Chief Appeals Officer.254. Annual reports by Chief Appeals Officer.255. Appointment of assessors by Chief Appeals Officer.256. Other functions of Chief Appeals Officer.Procedures for Appeals (ss. 257-261)257. Appeals and references to appeals officers.258. Power to take evidence on oath.259. Notification to persons to attend and give evidence or produce documents at appeal hearing.260. Procedure where assessor appointed.261. Award of expenses.Revised Decisions by Chief Appeals Officer and by Appeals Officers (ss. 262-265)262. Revision by appeals officer of decisions of appeals officers.263. Revision by Chief Appeals Officer of decisions of appeals officers.264. Effect of revised decisions by appeals officers.265. Decision of appeals officer to be final and conclusive.Chapter 3 Supplementary Welfare Allowance Determinations and Appeals (ss. 266-269)266. Determination of entitlement to supplementary welfare allowance.267. Appeals.268. Revision of determinations of entitlement to supplementary welfare allowance.269. Effect of revised determinations by officers of health board.Chapter 4 General Provisions Relating to Decisions and Appeals (ss. 270-273)270. Appeals oral hearings.271. Appeals to High Court.272. Certificate by deciding officer, appeals officer or officer of health board.273. Revision to include revision consisting of reversal.Chapter 5 Social Welfare Tribunal (ss. 274-276)274. Application for adjudication by Social Welfare Tribunal.275. Adjudications by Social Welfare Tribunal.276. Social Welfare Tribunal.Part VIII Overpayments, Repayments, Suspension of Payment, Etc. (ss. 277-283)277. Interim payments and suspension of payment.278. Overpayments.279. Repayment of benefit, assistance, etc. overpaid.280. Distribution of assets.281. Recovery of sums due by civil proceedings or by deduction from other payments.282. Repayment of amounts due to be deferred, suspended, reduced or cancelled.283. Effect of decision for purposes of proceedings.Part IX Liability to Maintain Family (ss. 284-299)284. Interpretation.285. Liability to maintain family.286. Contribution towards benefit or allowance.287. Attachment of earnings order.288. Obligations on employer in relation to attachment of earnings order.289. Payments under attachment of earnings order.290. Powers of District Court.291. Changes in employment.292. Determinations by District Court.293. Liable relative in service of State.294. Discharge, variation or lapse of attachment of earnings order.295. Cesser.296. Offences.297. Payments under order of court to offset contributions.298. Recipient of benefit or allowance to transfer to competent authority payments under order of court.299. Investigations by health boards.Part X Commencement, Repeals and Continuance (ss. 300-304)300. Repeals.301. Continuity of repealed enactments.302. Continuance of instruments, officers and documents.303. Continuity of insurance under old codes.304. Commencement.First Schedule Employments, Excepted Employments and Excepted Self-Employed ContributorsFirst Schedule, Part I EmploymentsFirst Schedule, Part II Excepted EmploymentsFirst Schedule, Part III Excepted Self-Employed ContributorsSecond Schedule Rates of BenefitsSecond Schedule, Part I Rates of Periodical Benefits and Increases ThereofSecond Schedule, Part II Occupational Injuries Benefits Gratuities and GrantSecond Schedule, Part III Disablement PensionSecond Schedule, Part IV Increases of Disablement PensionSecond Schedule, Part V Death GrantThird Schedule Rules as to Calculation of MeansThird Schedule, Part I Unemployment Assistance and Pre-Retirement AllowanceThird Schedule, Part II Old Age (Non-Contributory), Blind, Widow's and Orphan's (Non-Contributory) Pensions, Deserted Wife's, Prisoner's Wife's, Lone Parent's and Carer's AllowancesThird Schedule, Part III Supplementary Welfare AllowanceFourth Schedule Rates of AssistanceFourth Schedule, Part I Rates of Periodical Social Assistance and Increases ThereofFourth Schedule, Part II Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a CoupleFourth Schedule, Part III Amounts of Child BenefitFifth Schedule Enactments RepealedSixth Schedule Commencement of Certain Provisions
Page Overview
Document Overview
Tools
Print / Export
Notification
Bookmark
Share / Source link
128. Rate of allowance (including increases for adult and child dependants).
Repealed from 1 December 2005
[deleted]