Social Welfare (Consolidation) Act, 1993
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Definitions. |
[1981, ss. 2(1), 35(6); 1983, s. 5; 1988, s. 10; 1989, s. 8(3); 1991, s. 41(4); 1992, ss. 15(1), 27(4); 1993, ss. 36(1), 39(1)] | |
2.—(1) In this Act, save where the context otherwise requires— | ||
“appeals officer” means a person holding office as an appeals officer under section 251; | ||
“assistance” means assistance under Part III; | ||
“beneficiary” means a person entitled to any benefit, assistance, child benefit or family income supplement, as the case may be; | ||
“benefit” means, subject to section 210 and Part VI, benefit under Part II; | ||
“benefit year” means the period commencing on the first Monday in a particular year and ending on the Sunday immediately preceding the first Monday in the following year; | ||
“claimant” means a person who has made a claim for any benefit, assistance, child benefit or family income supplement, as the case may be; | ||
“Collector-General” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ; | ||
“contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the 1st day of that contribution year, or on any 7th day after that day, the last day of a contribution year (or the last 2 days of a contribution year ending in a leap year) being taken as included in the last contribution week of that contribution year; | ||
“contribution year” means a year of assessment within the meaning of the Income Tax Acts; | ||
“credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 27; | ||
“day of incapacity for work” has the meaning assigned in section 31(1); | ||
“day of unemployment”, in relation to Part II, has the meaning assigned in section 42, and in relation to Chapter 2 of Part III , has the meaning assigned in section 120(6); | ||
“deciding officer” means a person holding office as a deciding officer under section 246; | ||
“disabled person's maintenance allowance” means a maintenance allowance under section 69 of the Health Act, 1970 ; | ||
“employed contributor” has the meaning assigned in section 9 (1); | ||
“employer's contribution” has the meaning assigned in section 6(1)(a); | ||
“employment contribution” has the meaning assigned in section 6(1)(a); | ||
“entry into insurance” means, subject to sections 29(3), 101(5) and Chapters 12 and 13 of Part II , in relation to any person, the date on which he became an insured person; | ||
“health board” means a health board within the meaning of the Health Act, 1970 ; | ||
“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable; | ||
“infectious diseases maintenance allowance” means a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease; | ||
“insurable employment” means employment such that a person, over the age of 16 years and under pensionable age, employed therein would be an employed contributor; | ||
“insurable (occupational injuries) employment” has the meaning assigned in section 50; | ||
“insurable self-employment” means self-employment of such a nature that a person engaged therein would be a self-employed contributor; | ||
“insured person” means a person insured under Part II; | ||
“Member State” means a Member State of the European Communities; | ||
“the Minister” means the Minister for Social Welfare; | ||
“occupational injuries insurance” has the meaning assigned in section 49(2); | ||
“orphan” means a qualified child— | ||
(a) both of whose parents are dead, or | ||
(b) one of whose parents is dead or unknown, as the case may be, and whose other parent— | ||
(i) is unknown, or | ||
(ii) has abandoned him, or | ||
(iii) has refused or failed to provide for him, | ||
where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent; | ||
“outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person; | ||
“pensionable age” means the age of 66 years; | ||
“prescribed” means prescribed by regulations; | ||
“qualifying contribution” means the appropriate employment contribution or self-employment contribution which was paid or would have been paid but for section 10(1)(c) or (d) or section 18(1)(d) in respect of any insured person; | ||
“reckonable earnings” means, subject to regulations and to section 78, earnings derived from insurable employment or insurable (occupational injuries) employment; | ||
“reckonable emoluments”, in relation to a self-employed contributor, means emoluments (other than reckonable earnings, non-pecuniary emoluments and such other emoluments as may be prescribed) to which Chapter IV of Part V of the Income Tax Act, 1967 , applies, reduced by so much of the allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) as is deducted on payment of those emoluments; | ||
“reckonable income” in relation to a self-employed contributor, means the aggregate income (excluding reckonable earnings, reckonable emoluments, non-pecuniary income and such other income as may be prescribed), from all sources for the contribution year as estimated in accordance with the provisions of the Income Tax Acts, but without regard to section 2 or section 18 of the Finance Act, 1969 , or (save in the case of a person to whom paragraph 1 of Part III of the First Schedule applies) to Chapter 1 (inserted by the Finance Act, 1980 ) of Part IX of the Income Tax Act, 1967 , after deducting from the income so much of any deduction allowed by virtue of the provisions referred to in section 33 of the Finance Act, 1975 , as is to be deducted from or set off against that income in charging it to income tax; | ||
“regulations” means regulations made by the Minister under this Act; | ||
“self-employed contributor” has the meaning assigned in section 17; | ||
“self-employment contribution” has the meaning assigned in section 6; | ||
“short-time employment” means employment in which, for the time being, a number of days is systematically worked in a working week which is less than the number of days which is normal in a working week in the employment concerned; | ||
“the Social Insurance Fund” means the Fund to which section 7 relates; | ||
“social welfare inspector” means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III (other than Chapter 11), IV, V, VI and IX; | ||
“statutory declaration” means a statutory declaration within the meaning of the Statutory Declarations Act, 1938 ; | ||
“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not; | ||
“voluntary contribution” has the meaning assigned in section 22; | ||
“voluntary contributor” has the meaning assigned in section 21; | ||
“the Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 to 1955, and the enactments repealed by the Workmen's Compensation Act, 1934 . | ||
[1985 (No. 2), s. 3; 1987 (No. 2), s. 15(1)] | ||
(2) In this Act “adult dependant”, subject to section 170, means in relation to any person— | ||
(a) a spouse who is wholly or mainly maintained by that person but does not include— | ||
(i) a spouse in employment (other than employment specified in paragraph 4 or 5 of Part II of the First Schedule ), or | ||
(ii) a spouse who is self-employed, or | ||
(iii) a spouse who is entitled to, or is in receipt of, any benefit, pension, assistance or allowance (other than supplementary welfare allowance) under Parts II or III of this Act, or disabled person's maintenance allowance, or | ||
(iv) a spouse who, by virtue of the provisions of section 47(1) or 125(3), is or would be disqualified for receiving unemployment benefit payable under Chapter 9 of Part II or unemployment assistance payable under Chapter 2 of Part III in his own right with the exception of a spouse who qualifies as an adult dependant by virtue of regulations made under paragraph (c), or | ||
(v) a spouse who is entitled to or is in receipt of an allowance the rate of which is related to the rates of unemployment assistance payable under section 121or unemployment benefit payable under section 44 or 45 in respect of a non-craft full-time course approved by An Foras Áiseanna Saothair under the Industrial Training Act, 1967 , | ||
or | ||
(b) a person over the age of 16 years being wholly or mainly maintained by that person and having the care of one or more than one qualified child who normally resides with that person where that person is— | ||
(i) a single person, | ||
(ii) a widow, | ||
(iii) a widower, or | ||
(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse, or | ||
(c) such person as the Minister may by regulations specify to be an adult dependant for the purposes of this Act. | ||
[1991, s. 6(1); 1992, s. 15(1); 1993, s. 14(2)] | ||
(3) Subject to section 114(3), in this Act “qualified child” means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and— | ||
(a) for the purposes of— | ||
(i) sections 34(2) and 45(2), | ||
(ii) section 55(2) as it applies to injury benefit, and | ||
(iii) section 121(1)(b)(ii) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b), | ||
is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study within the meaning of section 126(3)(a), | ||
(b) for the purposes of— | ||
(i) section 55(2) as it applies to disablement pension, | ||
(ii) sections 60(9), 62(1), 87(2), 91(2), 99(2), 105(1), 106, 113(1), 128(1)(b), 136(1), 148(1), 159(1), 165(1) and 198, and | ||
(iii) section 121(1)(b)(ii) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days— | ||
(I) is under the age of 18 years, or | ||
(II) is of or over the age of 18 years and under the age of 21 years, and is receiving full-time education,the circumstances of which shall be specified in regulations. |