Social Welfare Consolidation Act 2005 section 44

Duration of payment

Section 44 sets out the maximum duration for which illness benefit can be paid and the requirements for requalifying once that limit is reached.

• Illness benefit is limited to 312 days for claimants with fewer than 260 qualifying contributions, or 624 days for those with 260 or more contributions (for periods of incapacity beginning from 5 January 2009 onwards).
• Once entitlement is exhausted, a person must accumulate 13 contribution weeks to requalify, after which the day limits reset.
• Statutory sick leave days (excluding the first 3 days) count towards the 312-day and 624-day calculations, as do periods of disqualification from benefit.
• Illness benefit ceases at pensionable age unless the claimant was born on or after 1 January 1958 and has notified the Department of their wish to continue receiving it.