The Gazette 1996

GAZETTE

OCTOBER 1996

TABLE

Qualification

Benefit

F o r w h a t p e r i od

We e k ly r a te

De d u c t i b le f r o m a w a r d

39 PRSI contributions in financial year

Disability benefit

£64.50 (not payable for first three days of incapacity

Yes

five years

Invalidity pension

Same as above together with a medical certificate that the beneficiary is "permanently incapable of work" Available to persons injured at work or in an interrupted journey to or from work. Only one PRSI contribution is required to be entitled to it. Available for 26 weeks after which one gets disablement benefit Same as above except that the amount varies depending on degree of incapacity and it is possible to work and be in receipt

£66.20 (again not payable for first three days)

Yes

five years

Injury benefit

Yes

five years

£64.50 (not payable for first three days)

Yes

Disablement benefit

£88.20 maximum. Same conditions apply as above

five years

Yes but at the direction of the Trial Judge

Death grant for funeral expenses

Granted at discretion of Minister for Social Welfare

£310 gratuity

n/a

Survivors pension

156 contributions before death of spouse

n/a

No

£68.10

No

n/a

O r p h a n 's contributory allowance

26 contributions made by parent prior to his/her/their death

£42.60

Means tested - widow or deserted wife who is widowed (one child or more)

£64.50

No

n/a

Lone parent's allowance

n/a

Child benefit

All children under 16 or under 19 and in full-time education or physically and/or mentally infirm

£27.00 per month per child up to £32.00 where there are three or more children

No

No

n/a

W i d o w 's (non-contributory) pension O r p h a n 's (non-contributory) pension

Means tested

£64.50

No

n/a

£42.60

Means tested

N B No o t h er social w e l f a re p a y m e nt is d e d u c t i b l e ."

1991). cited in Kerr (The Civil Liability Acts 1961 and 1964) ( 1993), page 134. 16. Morris J (High Court) (unreported) (30 November 1992). 17. See footnote 3 above. 18. 1965 IR, page 699. 19. Budd J (High Court) (unreported) (11 June 1993). 20. Supreme Court (ex tempore) (2 1 December 1995). 21. The legislation was of course first introduced in the Social Welfare (Consolidation) Act, 1981 as amended. 22. 1988 ILRM, page 617 at page 619. 23. See Whyte (op cit), p. 216. •

9. 1988 ILRM, page 617. Mackenzie J was considering the precursor of Section 237 (1), namely Section 306A of the Social Welfare (Consolidation) Act, 1981 as inserted by Section 12 of the Social Welfare Act, 1984. The words "or probably will accrue" have been replaced by the words "are likely to accrue" in Section 237 (I) of the 1993 Act. 10. 1988 ILRM, page 617 and page 619. 11. Costello J (High Court) (unreported) (27 July 1989). 12. Costello J was applying Section 306A. 13. Morris J (High Court) (unreported) (14 March 1994). 14. Op cit, page 13-14). 15. Hamilton P (High Court) (ex tempore ) (8 May

F o o t n o t es 1. Section 237 (1) of the Social Welfare (Consolidation) Act, 1993. 2. Section 75 (1) of the 1993 Act. 3. Section 75 (3) of the 1993 Act. The grant is £310 (from June 1996). 4. The benefits, as mentioned, are disability benefit and invalidity pension in road traffic case, and injury and disablement benefit in cases concerning accidents at work. 5. See White ( Irish Law of Damages) [ 1989], page 220. 6. Section 237 (3) of the 1993 Act. 7. Section 75 (2) and Section 237 (2) of the 1993 Act. 8. See Whyte, Op cit, page 223 to 224.

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