Social Welfare Consolidation Act 2005

Increase of disablement pension on account of unemployability.

77.—(1) Subject to this Act, the weekly rate of disablement pension shall be increased—

[1993 s56(1)]

(a) by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable, and

[1993 s56(1); 2005 (SW&P) s10(a)]

(b) by the amount set out in column (3) of Part 4 of Schedule 2 where the beneficiary is living alone and by the amount set out in column (4) of Part 4 of Schedule 2 where the beneficiary is ordinarily resident on an island.

[1993 s56(2)]

(2)  (a) For the purposes of this section, a person may be treated as being incapable of work, and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent the person being capable of work, where it is likely to restrict him or her to earning not more than the amount that may be prescribed.

(b) In paragraph (a) the reference to “earning” includes a reference to receiving any remuneration or profit derived from gainful occupation.

[1993 s56(3)]

(3) An increase of pension under this section (in this Chapter referred to as “an unemployability supplement”) shall be payable for the period that may be determined at the time it is granted, but may be renewed from time to time.