1.—This Act may be cited as the Social Welfare Consolidation Act 2005.

2.—(1) In this Act, save where the context otherwise requires—

“Act of 1997” means the Taxes Consolidation Act 1997;

F2[‘Act of 2020’ means the Emergency Measures in the Public Interest (Covid-19) Act 2020;]

F3[‘Act of 2022’ means the Sick Leave Act 2022;]

F4[‘age referenced rate of State pension (contributory)’ has the meaning given to it by section 108;]

“appeals officer” means a person holding office as an appeals officer under section 304;

F5[‘approved course of training’ means a course of training provided by or on behalf of—

(a) an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013, or

(b) a body established by or under an enactment that provides for the dissolution of An Foras Áiseanna Saothair and confers on that body functions that are similar to the functions that, immediately before the day on which the body stands established, were vested in An Foras Áiseanna Saothair;]

“assistance” means assistance under Part 3;

“beneficiary” means a person entitled to any benefit, assistance, F6[child benefit, family income supplement or back to work family dividend,] as the case may be;

“benefit” means, subject to section 248 and Part 9, benefit under Part 2;

“benefit year” means the period beginning on the first Monday in a particular year and ending on the Sunday before the first Monday in the following year;

[1999 s30 & Sch F]

“bureau officer” means an officer of the Minister appointed as a bureau officer under section 8(1)(a)(iii) of the Criminal Assets Bureau Act 1996;

F7[‘children detention school’ means a children detention school within the meaning of the Children Act 2001;]

F8[‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partnership’ means—

(a) a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or

(b) a legal relationship referred to in section 3(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“claimant” means a person who has made a claim for any benefit, assistance, F6[child benefit, F9[working family payment] or back to work family dividend,] as the case may be;

F8[‘cohabitant’ means a cohabitant within the meaning of section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;

“contribution week” means one of the successive periods of 7 consecutive days in a contribution year beginning on the first 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;

F2[‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘Covid-19 pandemic unemployment payment’ means the payment referred to in section 68L;]

“credited contribution” means, in relation to any insured person, a contribution credited to that person by virtue of section 33;

“day of incapacity for work” has the meaning given to it by section 40(1);

F10[‘day of unemployment’—

(a) in relation to Part 2, has the meaning given to it by section 62,

(b) in relation to Chapter 2 of Part 3, other than section 148A, has the meaning given to it by section 141(4) or (7), and

(c) in relation to section 148A, shall be construed in accordance with paragraph (c) of F11[section 148A(4)];]

“deciding officer” means a person holding office as a deciding officer under section 299;

F12[‘designated person’ means a person designated by the Minister to perform the functions conferred on a designated person by this Act;]

[1993 (No. 2) s11(a)]

“developing country” means any country which the Minister, having regard to the countries so designated by the United Nations, the World Bank or the International Labour Organisation as developing countries and after consultation with the Minister for Foreign Affairs, may determine, for the purposes of this Act, to be a developing country;

F13[‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;]

F14[‘electronic’ includes digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology;]

“employed contributor” has the meaning given to it by section 12(1);

“employer’s contribution” has the meaning given to it by section 6(1)(a);

F15[‘employment agency’ has the same meaning as it has in the Employment Agency Act 1971;]

“employment contribution” has the meaning given to it by section 6(1)(a);

“entry into insurance” means, subject to sections 35(3) and 125(7) and Chapters 15 and 16 of Part 2, in relation to a person, the date on which the person became an insured person;

F13[‘European Economic Area’ means the European Economic Area created by the EEA Agreement;]

[2005 (SW&P) s23 & Sch 1]

“Executive” means the Health Service Executive;

F16[‘governing contribution year’ means the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed; ]

F17[‘habitually resident’ shall be construed in accordance with section 246;]

“health board” means—

(a) a health board established under the Health Act 1970,

(b) the Eastern Regional Health Authority established under the Health (Eastern Regional Health Authority) Act 1999, or

(c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999;

“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;

F18[…]

F19[‘insurable employment’ means employment such that—

(a) a person, over the age of 16 years and under pensionable age, or

(b) a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),

employed in that employment would be an employed contributor;]

“insurable (occupational injuries) employment” has the meaning given to it by section 71;

“insurable self-employment” means self-employment of such a nature that a person engaged in that employment would be a self-employed contributor;

“insured person” means a person insured under Part 2;

[2001 s15(1)(a)]

“island” means any island lying off the coast of the State, that is prescribed;

“local authority” has the meaning given to it by the Local Government Act 2001;

F4[‘long-term carer’s qualifying contribution’ has the meaning given to it by section 108A;]

F15[‘medical assessor’ means—

(a) an officer of the Minister who is a registered medical practitioner, F20[…]

F21[(aa) an officer of the Minister who is a registered nurse, or]

(b) such other person who is a registered medical practitioner—

(i) engaged by the Minister under a contract for services or otherwise, or

(ii) employed by an employment agency under a contract of employment (within the meaning of the Protection of Employees (Temporary Agency Work) Act 2012),

to provide medical services to the Minister;]

“Member State” means a Member State of the European Communities;

F13[‘member state of the European Economic Area’ means a state which is a contracting party to the EEA Agreement;]

“Minister” means the Minister for Social and Family Affairs;

“non-governmental agency” means any organisation which has as one of its functions the promotion of relief and development in developing countries through the sponsoring or aiding of projects involving the employment of volunteer development workers in those countries;

[1993 (No. 2) s11(b)]

“occupational injuries insurance” has the meaning given to it by section 70(2);

[1993 (No. 2) s3(a)]

“optional contribution” means a contribution paid under Chapter 5 of Part 2;

[1993 (No. 2) s3(a)]

“optional contributor” means a person engaged in share fishing paying optional contributions;

[1995 s20(1); 2005 (SW&P) s18]

“orphan” means a qualified child—

(a) both of whose parents are dead, or

(b) one of whose parents is dead or unknown or has abandoned and failed to provide for the child, as the case may be, and whose other parent—

(i) is unknown, or

(ii) has abandoned and failed to provide for the child,

where that child is not residing with a parent, adoptive parent or 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 the person’s 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;

F22[‘payment service provider’ has the meaning given to it by section 289A;]

“pensionable age” means the age of 66 years;

[1993 (No. 2) s3(b)]

“person engaged in share fishing” means a self-employed contributor who is a member of the crew of a fishing vessel and whose principal means of livelihood is derived from a share in the profits or the gross earnings of the working of the vessel;

“prescribed” means prescribed by regulations;

F23[‘qualified cohabitant’ shall be construed in accordance with section 123A;]

[2001 s8(1)]

F24[‘qualifying contribution’ means the appropriate employment contribution or self-employment contribution which was paid in respect of any insured person or the appropriate optional contribution which was paid in respect of any optional contributor;]

[1999 s26(2)]

“record” means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;

[2004 (MP) s13(1)(b)]

F25[‘reckonable earnings’ means, subject to section 13(2)(da)—

(a) in the case of an employed contributor, not being a special contributor, emoluments derived from insurable employment or insurable (occupational injuries) employment (other than such emoluments that may be prescribed) to which Chapter 4 of Part 42 of the Act of 1997 applies, but without regard to Chapter 1 of Part 44 of that Act, and

(b) in the case of a special contributor—

(i) salaries, wages or other remuneration including non-pecuniary remuneration derived from insurable employment or insurable (occupational injuries) employment to which the Act of 1997 (other than Chapter 4 of Part 42) applies or would apply if the employed contributor in receipt of the remuneration were resident in the State, but without regard to Chapter 1 of F26[Part 44 of that Act,]

F27[(ii) payments to persons attending approved courses of training, and

(iii) payments to persons attending or engaged in courses or schemes provided or approved by—

(I) Teagasc, or

(II) the National Tourism Development Authority,]

and reckonable earnings shall include—

(A) share-based remuneration realised, acquired or appropriated, as the case may be, on or after 1 January 2011, and

(B) the ‘specified amount’ within the meaning of section 825C of the Act of 1997;]

[2005 (SW&P) s26 & Sch 4]

F28[‘reckonable emoluments’, in relation to a F29[self-employed contributor or a person to whom Chapter 5B of Part 2 applies,] means emoluments (other than reckonable earnings and any other emoluments that may be prescribed) to which Chapter 4 of Part 42 of the Act of 1997 applies and reckonable emoluments shall include—

(a) share-based remuneration realised, acquired or appropriated, as the case may be, on or after 1 January 2011, and

(b) the ‘specified amount’ within the meaning of section 825C of the Act of 1997;]

“reckonable income”, in relation to F30[a self-employed contributor, an optional contributor or, subject to Chapter 5B of Part 2, a person to whom that Chapter of that Part applies,] means the aggregate income (excluding reckonable earnings, reckonable emoluments and any other income that may be prescribed) from all sources for the contribution year as estimated in accordance with the Income Tax Acts, but without regard to—

F31[(a) sections 140, 195, 216C, F32[216F,] 231, 232 and 233 of the Act of 1997, or]

(b) save in the case of a person to whom paragraph 1 of Part 3 of Schedule 1 applies, Chapter 1 of Part 44 of the Act of 1997, after deducting from the income so much of any deduction allowed by virtue of the provisions of the definition of “capital allowance” in section 2(1) of the Act of 1997;

F33[‘registered nurse’ has the same meaning as it has in the Nurses and Midwives Act 2011;]

F16[‘registered medical practitioner’ has the meaning assigned to it by the Medical Practitioners Act 2007;]

“regulations” means regulations made by the Minister under this Act;

“Regulations of 1996” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996);

F34[‘retained fire fighter’ means a person commonly referred to as a retained fire fighter and employed by a fire authority, within the meaning of section 2(1) of the Fire Services Act 1981, on a part-time basis and on the basis of payment by the authority to him or her of a retaining fee as well as fees for performing, as required by the authority, any functions of a fire fighter;]

“self-employed contributor” has the meaning given to it by section 20;

“self-employment contribution” has the meaning given to it by section 6;

F35[‘share-based remuneration’ means—

F36[(a) any gain realised by the exercise of a right in accordance with section 128 of the Act of 1997, other than any gain realised by the exercise of a qualifying share option (within the meaning of the Act of 1997) which is not chargeable to income tax under section 128F of that Act,]

(b) in the case of convertible securities within the meaning of section 128C of the Act of 1997, the chargeable amount computed in accordance with that section,

(c) in the case of restricted shares within the meaning of section 128D of the Act of 1997, the chargeable amount computed in accordance with that section,

(d) in the case of a profit sharing scheme approved by the Revenue Commissioners in accordance with Part 2 of Schedule 11 to the Act of 1997, the initial market value of the appropriated shares within the meaning of F37[section 510(2) of that Act,]

(e) in the case of a savings-related share option scheme approved by the Revenue Commissioners in accordance with Schedule 12A to the Act of 1997, any gain realised by the exercise of a right in accordance with F38[section 519A of that Act, and]

F39[(f) in the case of emoluments (within the meaning of section 983 of the Act of 1997) received by an employee or director in the form of shares (including stock) in—

(i) the company in which the employee or director holds his or her office or employment, or

(ii) a company which has control (within the meaning of section 432 of the Act of 1997) of that company,

the amount referred to in section 985A(3) of the Act of 1997,]

where that gain, chargeable amount, value or amount is realised, acquired or appropriated, as the case may be, on or after 1 January 2011, but share-based remuneration shall not include any such gain, chargeable amount, value or amount realised, acquired or appropriated, as the case may be—

(i) during the contribution year commencing on 1 January 2011 in respect of shares (including stock) that are the subject of a written contract or agreement that is in place before 1 January 2011, or

(ii) in respect of shares (including stock) that were acquired before 1 January 2011 by an employee share ownership trust to which section 519 of the Act of 1997 applies;]

“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;

F3[’sick leave scheme’ has the meaning given to it by section 9 of the Act of 2022;]

“Social Insurance Fund” means the Fund to which section 9 relates;

[2005 (SW&P) s26 & Sch 4]

“social welfare inspector” means a person appointed by the Minister under section 250 to be a social welfare inspector for the purposes of Parts 2, 3, F40[4,] F41[…] 5, 6, F6[7, 7A,] F42[8 and 9];

F35[‘special contributor’ means an employed contributor—

(a) in receipt of reckonable earnings referred to in paragraph (b) of the definition of reckonable earnings, or

F43[(b) to whom paragraph (b) of section 13(4A) applies;]]

F3[’statutory sick leave’ has the meaning given to it by section 2 of the Act of 2022;

’statutory sick leave day’ has the meaning given to it by section 2 of the Act of 2022;]

F8[‘surviving civil partner’ means one civil partner of a couple who were both parties to the same civil partnership and whose civil partner is deceased and includes one civil partner of a couple who were both parties to the same civil partnership, who would otherwise be a surviving civil partner but for the fact that his or her civil partnership has been dissolved being a dissolution that is recognised as valid in the State;]

F23[‘surviving qualified cohabitant’ means one qualified cohabitant of a couple who were both qualified cohabitants of each other and whose qualified cohabitant is deceased;]

“statutory declaration” means a statutory declaration within the meaning of the Statutory Declarations Act 1938;

F2[‘temporary wage subsidy’ has the same meaning as it has in section 28 of the Act of 2020;]

“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 given to it by section 25;

“voluntary contributor” has the meaning given to it by section 24;

[1993 (No.2) s11(c)]

F44[‘volunteer development worker’ means a person who is employed temporarily outside the State in a developing country and has secured that employment—

(a) by or through the Department of Foreign Affairs or by or through a non-governmental agency in the State, or

(b) by or through a governmental or non-governmental agency in any Member State other than the State, or

(c) directly with the government of a developing country,

and who is employed by any of those agencies or by the government of the developing country or by both under conditions of remuneration similar to local conditions applying in that country and who was resident in the State immediately before taking up that employment;]

“Workmen’s Compensation Acts” means the Workmen’s Compensation Acts 1934 to 1955 and the enactments repealed by the Workmen’s Compensation Act 1934.

[1993 s2(2); 2001 s24(1)]

(2) In this Act “qualified adult”, subject to sections 134, 187 and 297, means in relation to a person—

(a) a spouse F45[, civil partner or cohabitant of that person] who is wholly or mainly maintained by that person but does not include—

(i) a spouse F46[, civil partner or cohabitant of that person] in employment (other than employment specified in paragraph 4 or 5 of Part 2 of Schedule 1), or

(ii) a spouse F47[, civil partner or cohabitant of that person] who is self-employed, or

(iii) a spouse F48[, civil partner or cohabitant of that person] who is entitled to or is in receipt of any benefit, pension, assistance or allowance F49[(other than a payment under section 186A or supplementary welfare allowance)] under Part 2 or 3, or

(iv) a spouse F50[, civil partner or cohabitant of that person] who, by virtue of section 68(1) or 147(2), is or would be disqualified for receiving F51[jobseeker’s benefit] payable under Chapter 12 of Part 2 F52[, jobseeker’s benefit (self-employed) payable under Chapter 12A of Part 2] or F53[jobseeker’s allowance] payable under Chapter 2 of Part 3 in his or her own right with the exception of a spouseF50[, civil partner or cohabitant of that person] who qualifies as a qualified adult by virtue of regulations made under paragraph (c), or

(v) a spouse F54[, civil partner or cohabitant of that person] who is entitled to or is in receipt of an allowance the rate of which is related to the rates of F53[jobseeker’s allowance] payable under sectionF55[142, jobseeker’s benefit payable under section 65 or 66 or jobseeker’s benefit (self-employed) payable under section 68E or 68G,] in respect of F56[an approved course of training,] F57[…], or

(vi) a spouse F58[, civil partner or cohabitant of that person] who is entitled to or in receipt of an allowance the rate of which is related to the rates of F53[jobseeker’s allowance] payable under section F55[142, jobseeker’s benefit payable under section 65 or 66 or jobseeker’s benefit (self-employed) payable under section 68E or 68G,] in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(vii) a spouse F59[, civil partner or cohabitant of that person] who is entitled to or in receipt of an allowance the rate of which is related to the rates of F53[jobseeker’s allowance] payable under section F55[142, jobseeker’s benefit payable under section 65 or 66 or jobseeker’s benefit (self-employed) payable under section 68Eor 68G,] in respect of participation in a scheme administered by the Minister and known as—

(I) Back to Education Allowance, or

(II) Back to Work Allowance, or

(III) Back to Work Enterprise Allowance, or

F60[(IV) Part-Time Job Incentive, or]

F61[(V) the national internship scheme, or]

F62[(viii) a spouse, civil partner or cohabitant of that person, where that person is in receipt of jobseeker’s allowance, and the spouse, civil partner or cohabitant is a participant under a scheme provided by the Minister and known as Community Employment,]

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, F63[…]

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, the married person’s spouse,

F64[(v) a surviving civil partner, or

(vi) a civil partner who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner.]

or

(c) any person whom the Minister may by regulations specify to be a qualified adult for the purposes of this Act.

[1993 s2(3); 2003 (MP) s5(1)(a)]

(3) Subject to section 134(3), in this Act “qualified child” means a person who is ordinarily resident in the State, is not detained in a F65[children detention school], and—

(a) for the purposes of—

(i) section 43(2), in the case of an applicant for F66[illness benefit] other than as referred to in paragraph (b),

(ii) section 56(2), in the case of an applicant for health and safety benefit other than as referred to in paragraph (b),

(iii) section 66(2), in the case of an applicant for F51[jobseeker’s benefit] other than as referred to in paragraph (b),

F52[(iiia) section 68E(3), in the case of an applicant for jobseeker’s benefit (self-employed) other than as referred to in paragraph (b),]

(iv) section 76(2), in the case of an applicant for injury benefit other than as referred to in paragraph (b), and

(v) section 142(1)(b)(ii), in the case of an applicant for F53[jobseeker’s allowance] 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 referred to in section 148(3)(a), and

(b) for the purposes of—

(i) sections 81(5), 83(1), 102(1), 112(2), 117(2), 122(2), 127(1), 130, 137, 150(1)(b), 156(1), 168(1), F67[174(1), 178(4), 178(6), 178A(3),] 181(1), 211(1)(b), 215(1)(b) and 228,

(ii) section 43(2), in the case of an applicant who, in respect of any period of interruption of employment has been entitled to or is in receipt of F66[illness benefit] for not less than 156 days or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of F66[illness benefit] and a relevant payment for not less than 156 days,

(iii) section 56(2), in the case of an applicant who, in respect of a period of health and safety leave under the Maternity Protection Act 1994, has been entitled to or is in receipt of health and safety benefit for not less than 156 days or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of health and safety benefit and a relevant payment for not less than 156 days,

(iv) section 66(2) or 142(1)(b)(ii), in the case of an applicant who, in any continuous period of unemployment as read in accordance with section 141(3), has been entitled to or is in receipt of F51[jobseeker’s benefit] or F53[jobseeker’s allowance] for not less than 156 days, or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of F51[jobseeker’s benefit] or F53[jobseeker’s allowance] and a relevant payment for not less than 156 days, and

F52[(iva) section 68G(3), in the case of an applicant who has been entitled to or is in receipt of jobseeker’s benefit (self-employed) for not less than 26 weeks, or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of jobseeker’s benefit (self-employed) and a relevant payment for not less than 26 weeks, and]

(v) section 76(2), as it applies to disablement pension or in the case of an applicant who, in respect of any period of interruption of employment, has been entitled to or is in receipt of injury benefit and a relevant payment for not less than 156 days, subject to the conditions and in the circumstances that may be prescribed,

and satisfies one of the following conditions—

(I) is under the age of 18 years, or

(II) is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or

(III) is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a).

[2003 s5(1)(a)]

(4) In subsection (3) “relevant payment” means any benefit specified in section 39(1) (other than F68[State pension (contributory)]) or any assistance specified in section 139(1) (other than F69[State pension (non-contributory)]).

[1993 s2(4); 2003 s5(1)(a)]

(5) (a) Notwithstanding subsection (3)(b)(v)(II), a person receiving full-time education, in accordance with that provision, who attains the age of 22 years during an academic year shall continue to be regarded as a qualified child for the purposes of that provision, while receiving full-time education for the duration of that academic year.

(b) In this subsection “academic year” has the meaning given to it by section 148(2).

[2003 s5(1)(a)]

(6) (a) Subject to paragraph (b) and notwithstanding subsection (3)(a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of that subsection until the following 30 June or until the person completes the full-time day course, whichever is the earlier.

(b) For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education.

(c) In this subsection, “institution of education” has the meaning given to it by section 148(2).

[1998 s24(1)]

F70[(7) F71[In Part 4 of Schedule 3,], ‘liable relative’ means in relation to any person—

(a) a man who is liable to maintain all or any of the following:

(i) his—

(I) F72[spouse];

(II) his F72[former spouse] where the marriage has been dissolved, being a dissolution that is recognised as valid in the State;

(III) his civil partner;

(IV) his former civil partner where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;

while all or any of the persons specified in clauses (I) to (IV) are, or is, in receipt of an allowance or a benefit, and

(ii) any qualified child of his in respect of whom an increase in allowance or a benefit is payable to the F72[other parent of that qualified child],

or

(b) a woman who is liable to maintain all or any of the following:

(i) her—

(I) F72[spouse];

(II) her F72[former spouse] where the marriage has been dissolved, being a dissolution that is recognised as valid in the State;

(III) her civil partner;

(IV) her former civil partner where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;

while all or any of the persons specified in clauses (I) to (IV) are, or is, in receipt of an allowance or benefit,

and

(ii) any qualified child of hers in respect of whom an increase in allowance is payable to the F72[other parent of that qualified child].]

F73[(8) In sections 62, F52[68C,] F74[141, 148A and 274A,] ‘electronic communication’ means the communication of information that is generated, transmitted, processed, received, recorded, stored or displayed by electronic means or in electronic form, and includes—

(a) information communicated in the form of speech which is processed at its destination by an automatic voice recognition system,

(b) a communication transmitted by means of the internet or by means of mobile phone telephony, and

(c) the transmission of a signature by electronic means.]

3.—(1) For the purposes of this Act—

(a) a person is deemed to be over any age mentioned in this Act where the person has attained that age and is deemed to be under any age mentioned in this Act where the person has not attained that age;

(b) a person is deemed to be between 2 ages mentioned in this Act where the person has attained the first-mentioned age but has not attained the second-mentioned age;

(c) a person is deemed not to have attained the age of 16 years until the beginning of the 16th anniversary of the day of the person’s birth, and similarly with respect to any other age;

(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of a person, or at what rate a contribution is payable, the person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which that person attains during the course of that week;

(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations;

(f) regulations shall provide for determining the circumstances in which a person is or is not to be regarded to be wholly or mainly maintaining another person.

[1993 s3(2)]

(2) Any reference in this Act to contributions, where the reference is without qualification, shall be read, save where the context otherwise requires, as including a reference to employment contributions, self-employment contributions and voluntary contributions.

[1993 s3(3)]

(3) Regulations may, in relation to any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.

[1993 s3(4)]

(4) References in this Act to an employed contributor's employer shall not be read as including his or her employer in any employment other than insurable employment or insurable (occupational injuries) employment.

[1993 s3(5)]

(5) Any question relating to the normal residence of a qualified child shall, subject to section 220(2), be decided in accordance with regulations made under that subsection.

[1993 s3(6)]

(6) Where a child has been or becomes adopted under F76[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State and recognised under that Act], then for the purposes of this Act—

(a) the child shall after the adoption be treated as if he or she were the child of the adopter or adopters born to that adopter or adopters and were not the child of any other person and, where the child was an orphan immediately before the adoption, as having ceased to be an orphan, and

(b) where there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in section 2(1), “the parent of whom is dead” is substituted in paragraph (a) of that definition for “both of whose parents are dead”.

(7) In this Act—

[1993 s3(9)]

(a) a reference to a Part, Chapter, section or Schedule is to a Part, Chapter or section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,

[1993 s3(10)]

(b) a reference to a subsection, paragraph, subparagraph or clause is to the subsection, paragraph, subparagraph or clause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

[1993 s3(7)]

(c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended or extended by or under any subsequent enactment.

[1993 s3(8)]

(8) References in any other enactment to the “Social Welfare Acts” means this Act and every enactment which is to be read together with it as one.

[1993 s3(11)]

(9) In this Act, any reference to this Act shall be read as including a reference to regulations made under or applying the provisions of this Act.

[1993 s3(12); 2004 (MP) s18]

F77[(10) For the purposes of sections 43, 56, 66, 76, 77A, 102, 112, 117, 122, 134, 141(2)(d), 146, 149(4), 150(3), 158, 161D, 181(4), 210(2), 211(3), 214(2), 216, 219(2), 250(2)(b), 297 and 298, Chapter 9 of Part 3 and Part 7A—