Social Welfare (Consolidation) Act, 1993
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Absence from State or imprisonment. |
211.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part II (including any increase thereof) for any period during which that person— | |
[1981, s. 129 (1)] | ||
(a) is absent from the State, or | ||
(b) is undergoing penal servitude, imprisonment or detention in legal custody. | ||
[1981, s. 129 (2)] | ||
(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 34(1), 45(1), 55(1), 87(1), 91(1) or 99(1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife— | ||
(a) is absent from the State, or | ||
(b) is undergoing penal servitude, imprisonment or detention in legal custody. | ||
[1981, s. 129 (3)] | ||
(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period. | ||
[1981, s. 129 (4)] | ||
(4) Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person. | ||
[1981, s. 129 (5)] | ||
(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 88 as periods of retirement. | ||
[1992, s. 27(1); S.I. No. 76 of 1990 , A.17] | ||
(6) A person shall be disqualified for receiving unemployment assistance or pre-retirement allowance while he is— | ||
(a) resident, whether temporarily or permanently, outside the State, or | ||
(b) undergoing penal servitude, imprisonment or detention in legal custody. | ||
[1981, s. 163 (1)(a); 1981AM, s. 8] | ||
(7) Subject to subsection (8), a sum shall not be paid on account of an old age (non-contributory) pension or blind pension to any person while absent from the State. | ||
[1981, s. 163(2)] | ||
(8) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age (non-contributory) pension or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7) be made until either— | ||
(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or | ||
(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland, | ||
whichever should first occur. | ||
[1981, s. 163(3)] | ||
(9) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age (non-contributory) pension or blind pension while he is detained in prison in consequence of the order. | ||
[1981, s. 180(1); 1990, s. 12(1); S.I. No. 272 of 1990 , A.30(1)] | ||
(10) Except where regulations otherwise provide, a person shall be disqualified for receiving widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, (including in the case of lone parent's allowance any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody. | ||
[1981, s. 180(2) S.I. No. 272 of 1990 , A.30(1)] | ||
(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any such period as is mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period. | ||
[ S.I. No. 272 of 1990 , A.30(1)] | ||
(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a lone parent's allowance, an increase in respect of a qualified child, shall, in such cases as may be prescribed, be paid to the prescribed person. | ||
[1981, s. 186(1), (12)] | ||
(13) (a) Where during any period a person is resident outside the State, the following provisions shall have effect— | ||
(i) a pension shall not be granted to or in respect of that person, | ||
(ii) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension. | ||
[1981, s. 186(2)] | ||
(b) Nothing contained in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside that State— | ||
(i) a pension being granted to or in respect of that person if a claim for that pension was made prior to that person becoming so resident, or | ||
(ii) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or | ||
(iii) any arrears of a pension granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid. | ||
(c) In this subsection “pension” means a widow's (non-contributory) pension or orphan's (non-contributory) pension. | ||
[ S.I. No. 272 of 1990 , A.30(1)] | ||
(14) A person shall be disqualified for receiving lone parent's allowance, deserted wife's allowance and prisoner's wife's allowance while he is resident whether temporarily or permanently, outside the State. | ||
[1981, s. 230(5); 1986, s. 17(1)] | ||
(15) Child benefit shall be paid only within the State. |