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  • Social Welfare Consolidation Act 2005 (2005) - Table of Contents

Social Welfare Consolidation Act 2005 (2005) - Table of Contents

PART 1 Preliminary
PART 2 Social Insurance
Chapter 1 Social Insurance Fund
Section 6 Sources of moneys for benefits
Section 7 Social Insurance Fund — expenditure on benefit
Section 8 Social Insurance Fund — payments to National Training Fund
Section 9 Social Insurance Fund
Section 10 Actuarial review
Section 11 Payments from Fund for acquisition of land, etc
Chapter 2 Employed Contributors and Employment Contributions
Section 12 Employed contributors and insured persons
Section 13 Employment contributions
Section 14 Modified insurance
Section 15 Calculation of reckonable earnings
Section 16 Employment by more than one employer
Section 17 Payment of contributions and keeping of records
Section 18 Priority debts to Social Insurance Fund in a company winding-up
Section 19 Winding-up and bankruptcy
Chapter 3 Self-Employed Contributors and Self-Employment Contributions
Section 20 Self-employed contributors and insured persons
Section 21 Rates of self-employment contributions and related matters
Section 22 Regulations providing for determination of contributions payable
Section 23 Regulations providing for collection of self-employment contributions, etc
Chapter 4 Voluntary Contributors and Voluntary Contributions
Section 24 Voluntary contributors
Section 25 Voluntary contributions by former employed contributors
Section 26 Voluntary contributions by former self-employed contributors
Section 27 Calculation of voluntary contributions
Chapter 5 Optional Contributors and Optional Contributions
Section 28 Optional contributors and optional contributions
Section 29 Rates of optional contributions and related matters
Section 30 Regulations providing for determination of optional contributions payable and related matters
Chapter 6 General
Section 31 Employment outside State
Section 32 Regulations varying rates and amounts of contributions
Section 33 Exceptions and credits
Section 34 Return of contributions paid in error
Section 35 Return of contributions where entry into insurance occurs after specified age
Section 36 Return of employment contributions — master or seaman
Section 37 Return of contributions — maintenance arrangements
Section 38 Return of contributions — payments to personal pensions
Chapter 7 Description of Benefits
Section 39 Description of benefits
Chapter 8 Disability Benefit
Section 40 Entitlement to benefit
Section 41 Conditions for receipt
Section 42 Rate of benefit
Section 43 Increases for qualified adult and qualified children
Section 44 Duration of payment
Section 45 Duration of payment (optional contributors)
Section 46 Disqualifications
Chapter 9 Maternity Benefit
Section 47 Entitlement to and duration of benefit
Section 48 Conditions for receipt
Section 49 Rate of benefit
Section 50 Disqualifications
Section 51 Supplementary provisions
Chapter 10 Health and Safety Benefit
Section 52 Entitlement to benefit
Section 53 Conditions for receipt
Section 54 Duration of payment
Section 55 Rate of benefit
Section 56 Increases for qualified adult and qualified children
Section 57 Disqualifications
Chapter 11 Adoptive Benefit
Section 58 Entitlement to and duration of adoptive benefit
Section 59 Conditions for receipt
Section 60 Rates of adoptive benefit
Section 61 Disqualification
Chapter 12 Unemployment Benefit
Section 62 Entitlement to benefit
Section 63 Condition for receipt (optional contributors)
Section 64 Conditions for receipt
Section 65 Rate of benefit
Section 66 Increases for qualified adult and qualified children
Section 67 Duration of payment
Section 68 Disqualifications
Chapter 13 Occupational Injuries Benefits
Section 69 Interpretation
Section 70 Occupational injuries insurance
Section 71 Insurable (occupational injuries) employment
Section 72 Extension of meaning of references to accidents arising out of and in course of employment
Section 73 Accidents in illegal employment and accidents outside State
Section 74 Injury benefit
Section 75 Disablement benefit
Section 76 Increase of injury benefit and disablement pension for qualified adult and qualified children
Section 77 Increase of disablement pension on account of unemployability
Section 78 Increase of disablement pension where constant attendance needed
Section 79 Adjustments for successive accidents
Section 80 Entitlement to death benefit
Section 81 Death benefit for widows and widowers and increases for qualified children, etc
Section 82 Death benefit — parents
Section 83 Death benefit — orphans
Section 84 Death benefit — funeral expenses
Section 85 Supplements to workmen’s compensation payments
Section 86 Cost of medical care
Section 87 Insurance against prescribed diseases and injuries not caused by accident
Section 88 Notice of accidents
Section 89 Reporting of accidents by employers
Section 90 Declaration that accident is an occupational accident
Section 91 Disqualifications for injury benefit or disablement benefit and suspension of proceedings
Section 92 Treating person as incapable of work, etc
Section 93 Medical treatment
Section 94 Rehabilitation
Section 95 Research
Section 96 Taking account of benefit in assessing damages
Section 97 Saver for repeal of Workmen’s Compensation Acts
Section 98 Construction of certain references in Local Government (Superannuation) Act 1956
Chapter 14 Carer’s Benefit
Section 99 Interpretation
Section 100 Entitlement to benefit
Section 101 Conditions for receipt
Section 102 Rate of benefit
Section 103 Duration of payment
Section 104 Medical examination
Section 105 Payment of benefit
Section 106 Disqualification
Section 107 Regulations
Chapter 15 Old Age (Contributory) Pension
Section 108 Entitlement to pension
Section 109 Conditions for receipt
Section 110 Disregard of self-employment contributions in certain cases
Section 111 Rate of pension
Section 112 Increases (including increases for qualified adult and qualified children)
Section 113 Pre-1953 pension
Chapter 16 Retirement Pension
Section 114 Entitlement to pension
Section 115 Conditions for receipt
Section 116 Rate of pension
Section 117 Increases (including increases for qualified adult and qualified children)
Chapter 17 Invalidity Pension
Section 118 Entitlement to pension
Section 119 Conditions for receipt
Section 120 Contributions paid under the National Health Insurance Acts
Section 121 Rate of pension
Section 122 Increases (including increases for qualified adult and qualified children)
Chapter 18 Widow’s (Contributory) Pension or Widower’s (Contributory) Pension
Section 123 Interpretation
Section 124 Entitlement to pension
Section 125 Conditions for receipt
Section 126 Rate of pension
Section 127 Increases (including increases for qualified children)
Section 128 Disregard of self-employment contributions in certain cases
Section 129 Certain claims
Chapter 19 Orphan’s (Contributory) Allowance
Section 130 Entitlement to allowance
Section 131 Condition for receipt
Section 132 Rate of allowance
Section 133 Payment of allowance
Chapter 20 Bereavement Grant
Section 134 Entitlement to grant
Section 135 Conditions for receipt
Section 136 Amount of grant
Chapter 21 Widowed Parent Grant
Section 137 Entitlement to grant
Chapter 22 Treatment Benefit
Section 138 General provisions as to benefit
PART 3 Social Assistance
Chapter 1 Description of Social Assistance
Section 139 Description of assistance
Chapter 2 Unemployment Assistance
Section 140 Interpretation
Section 141 Entitlement to assistance
Section 142 Rates of assistance and effect of means on rates
Section 143 Regulations
Section 144 Total amount payable to a couple
Section 145 Certain claims
Section 146 Amount of increases payable in respect of qualified child in certain cases
Section 147 Disqualifications
Section 148 Disqualifications — attending a course of study
Chapter 3 Pre-Retirement Allowance
Section 149 Entitlement to allowance
Section 150 qualified children)
Section 151 Regulations
Chapter 4 Old Age (Non-Contributory) Pension
Section 152 Interpretation
Section 153 Entitlement to pension
Section 154 Statutory conditions
Section 155 Special conditions for receipt of pension
Section 156 Rate of pension and increase for qualified child
Section 157 Increases (including increase for one of a couple)
Section 158 Amount of increases payable in respect of qualified child normally resident with beneficiary
Section 159 Rate of pension for persons in receipt of farm assist
Section 160 Disqualifications
Chapter 5 Blind Pension
Section 161 Entitlement to pension
Chapter 6 Contributory) Pension and Orphan’s (Non-Contributory) Pension
Section 162 Interpretation
Section 163 Entitlement to pension
Section 164 Rate of pension
Section 165 Increases
Section 166 Disqualification
Section 167 Avoidance of double pensions
Section 168 Entitlement to orphan’s (non-contributory) pension
Section 169 Rate of pension
Section 170 Civil proceedings
Section 171 Payment of pension
Chapter 7 One-Parent Family Payment
Section 172 Interpretation
Section 173 Entitlement to payment
Section 174 Rate of allowance and increases for qualified children
Section 175 Disqualification
Section 176 Continuation of payment
Section 177 Regulations
Section 178 Transitional provisions — relevant payments
Chapter 8 Carer’s Allowance
Section 179 Interpretation
Section 180 Entitlement to allowance
Section 181 Rate of allowance
Section 182 Payment of allowance
Section 183 Prescribed relative allowance
Section 184 Entitlement to prescribed relative allowance
Section 185 Medical examination
Section 186 Regulations
Chapter 9 Supplementary Welfare Allowance
Section 187 Interpretation
Section 188 Definition of qualified child
Section 189 Entitlement to supplementary welfare allowance
Section 190 Exclusion of persons receiving full-time education
Section 191 Exclusion of persons in full-time employment
Section 192 Exclusion of persons not habitually resident in the State
Section 193 Persons affected by trade disputes
Section 194 Administration
Section 195 Conditions for grant of supplementary welfare allowance
Section 196 Calculation of supplementary welfare allowance
Section 197 Weekly amounts of supplementary welfare allowance for persons of no means
Section 198 Weekly or monthly supplements
Section 199 Disqualifications
Section 200 Allowances in kind
Section 201 Power to make single payment for exceptional need
Section 202 Grant of supplementary welfare allowance in cases of urgency
Section 203
Section 204 Recoupment of supplementary welfare allowance
Section 205 Recoupment of supplementary welfare allowance (continued)
Section 206 Arrangements for burials
Section 207 Financing of Health Service Executive expenditure on supplementary welfare allowance
Section 208 Transfer of certain property
Chapter 10 Disability Allowance
Section 209 Interpretation
Section 210 Entitlement to allowance
Section 211 Rate of allowance (including increases for qualified adult and qualified children)
Section 212 Disqualification
Chapter 11 Farm Assist
Section 213 Interpretation
Section 214 Entitlement to allowance
Section 215 Rate of allowance (including increases for qualified adult and qualified children)
Section 216 Amount of payment in respect of qualified child in certain cases
Section 217 Total amount payable to a couple
Section 218 Disqualifications
PART 4 Child Benefit
PART 5 Respite Care Grant
PART 6 Family Income Supplement
PART 7 Continued Payment for Qualified Children
PART 8 EU Payments
PART 9 Preliminary
Chapter 1 Claims and Payments
Section 241 Claims
Section 242 Payments
Section 243 Payment in respect of loss of purchasing power
Section 244 Payment to persons other than claimant or beneficiary
Section 245 Statutory declarations
Section 246 Provision with respect to habitual residence
Chapter 2 Provisions Relating To Entitlement
Section 247 Avoidance of multiple payments
Section 248 Payments after death
Section 249 Absence from State or imprisonment
Chapter 3 Appointment and Duties of Social Welfare Inspectors
Section 250 Social welfare inspectors
Chapter 4 Offences, Miscellaneous Control Provisions and Proceedings
Section 251 False statements and offences, including offences relating to bodies corporate
Section 252 Offences in relation to employment contributions
Section 253 Notification by employer or other person of commencement of employment
Section 254 Records to be maintained
Section 255 Information to be given by employers to Minister
Section 256 Application of Probation of Offenders Act 1907
Section 257 Penalties
Section 258 Failure to keep records
Section 259 Loss of benefit due to employer’s default
Section 260 Information required by Minister
Section 261 Exchange of information
Section 262 Personal public service number
Section 263 Public service card
Section 264 Payment card
Section 265 Sharing of information
Section 266 Data exchange — provision of education
Section 267 Data exchange — sharing of personal public service number
Section 268 Data exchange — health provisions
Section 269 Data exchange — rented accommodation
Section 270 Data exchange — correction of inaccurate information
Section 271 Definition of information
Section 272 Provisions relating to prosecutions
Section 273 Civil proceedings — Criminal Assets Bureau
Section 274 Evidence
Chapter 5 Alienation of Books and Documents
Section 275 Application
Section 276 Prohibition of alienation of documents
Section 277 Avoidance of alienation of documents
Section 278 Return of documents on demand
Chapter 6 Miscellaneous Provisions
Section 279 Regulations relating to maintenance
Section 280 Free certificates
Section 281 Stamp duty
Section 282 Birth, marriage and death certificates
Section 283 Inalienability
Section 284 Means for purpose of Debtors Act (Ireland) 1872
Section 285 Exclusion in assessment of damages
Section 286 Taking account of disability benefit and invalidity pension in assessing certain damages
Section 287 Reciprocal arrangements
Section 288 Provision of consultancy, training and contract services, etc
Section 289 Administration of social welfare schemes
Section 290 Budgeting in relation to social welfare payments
Section 291 Regulations in relation to unpaid rent
Section 292 Regulations varying rates of benefit or assistance
Section 293 Effect of means on certain rates of assistance
Section 294 Regulations in relation to benefit or assistance
Section 295 Application of provisions of this Act, etc., by regulations
Section 296 Payment of increases in respect of qualified children
Section 297 Regulations in relation to payment of qualified adult increase in certain cases
Section 298 Qualified adult (administrative schemes)
PART 10 Decisions, Appeals and Social Welfare Tribunal
Chapter 1 Deciding Officers and Decisions by Deciding Officers
Section 299 Appointment of deciding officers
Section 300 Decisions by deciding officers
Section 301 Revision of decisions by deciding officers
Section 302 Effect of revised decisions by deciding officers
Section 303 Reference by deciding officer to appeals officer
Chapter 2 Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers
Section 304 Appointment of appeals officers
Section 305 Chief Appeals Officer
Section 306 Reference to High Court
Section 307 Appeals to Circuit Court
Section 308 Annual report
Section 309 Appointment of assessors
Section 310 Other functions of Chief Appeals Officer
Section 311 Appeals and references to appeals officers
Section 312 Supplementary welfare allowance — appeals
Section 313 Power to take evidence on oath
Section 314 Notification to persons to attend and give evidence or produce documents at appeal hearing
Section 315 Procedure where assessor appointed
Section 316 Award of expenses
Section 317 Revision by appeals officer of decision of appeals officer
Section 318 Revision by Chief Appeals Officer of decision of appeals officer
Section 319 Effect of revised decision by appeals officer
Section 320 Decision of appeals officer to be final and conclusive
Section 321 Supplementary welfare allowance
Chapter 3 Supplementary Welfare Allowance - Determinations and Appeals
Section 322 Determination of entitlement to supplementary welfare allowance
Section 323 Appeals
Section 324 Revision of determination of entitlement to supplementary welfare allowance
Section 325 Effect of revised determination by employee of Health Service Executive
Chapter 4 General Provisions Relating to Decisions and Appeals
Section 326 Appeals — oral hearings
Section 327 Appeals to High Court
Section 328 Certificate by deciding officer or appeals officer
Section 329 Revision to include revision consisting of reversal
Section 330 Regulations
Chapter 5 Social Welfare Tribunal
Section 331 Application for adjudication by Social Welfare Tribunal
Section 332 Adjudications by Social Welfare Tribunal
Section 333 Social Welfare Tribunal
PART 11 Overpayments, Repayments, Suspension of Payment, etc.
PART 12 Liability to Maintain Family
PART 13 Commencement, Repeals and Continuance
Schedules
Schedule 3 RULES AS TO CALCULATION OF MEANS
Schedule 4 RATES OF ASSISTANCE
Schedule 5 SPECIFIED BODIES
Schedule 6 COMMENCEMENT OF CERTAIN PROVISIONS
Schedule 7 ENACTMENTS REPEALED