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GAZETTE
OCTOBER 1996
TABLE
Benefit
Qualification
We e k ly r a te
De d u c t i b le
f r o m a w a r d
F o r w h a t
p e r i od
Disability benefit
39 PRSI contributions
in financial year
£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"
£66.20
(again not payable for
first three days)
Yes
five years
Injury benefit
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
£64.50
(not payable for first
three days)
Yes
five years
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
£88.20
maximum.
Same conditions
apply as above
Yes
five years
Death grant for
funeral expenses
Granted at discretion of
Minister for Social Welfare
£310 gratuity
Yes but at the
direction of the
Trial Judge
n/a
Survivors pension
156 contributions before
death of spouse
£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
No
n/a
Lone parent's
allowance
Means tested - widow or deserted
wife who is widowed (one child or more)
£64.50
No
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
n/a
W i d o w 's
(non-contributory)
pension
Means tested
£64.50
No
n/a
O r p h a n 's
(non-contributory)
pension
Means tested
£42.60
No
n/a
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 ."
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.
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
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.
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