Social Welfare Consolidation Act 2005
Entitlement to pension.
[1993 s95(1)]
118.—F748[(1) Subject to this Act, a person shall be entitled to invalidity pension where he or she—
(a) is under pensionable age,
(b) is permanently incapable of working in insurable employment or insurable self-employment, and the reason for which incapacity is as a direct result of the person concerned being incapable of work and for no other reason,
(c) would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and
(d) satisfies the contribution conditions in section 119.]
[1993 s95(2)]
(2) The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.
[1993 s95(3)]
F749[(3) Regulations may provide for disqualifying a person for receiving invalidity pension where the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:
(a) attending for or submitting to any medical or other examination or treatment;
(b) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;
(c) refraining from behaviour likely to hinder his or her recovery;
(d) being available to meet with F750[an officer of the Minister or a medical assessor] regarding his or her claim for invalidity pension.]
F751[(3A) Subject to subsection (4), a person in receipt of or entitled to invalidity pension shall not F752[engage in insurable employment or insurable self-employment].]
F753[(4) A person shall not be disqualified for receipt of invalidity pension F754[while engaging in such class or classes of employment, self-employment or training] and subject to such circumstances and conditions as may be prescribed.]
Annotations
Amendments:
F748
Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 19(b), commenced on enactment.
F749
Substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 16, commenced on enactment.
F750
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 3(2)(d), commenced on enactment.
F751
Inserted (13.02.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 12(2)(c), S.I. No. 42 of 2012.
F752
Substituted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(c)(ii), S.I. No. 38 of 2020.
F753
Inserted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 16, commenced on enactment.
F754
Substituted (1.12.2017) by Social Welfare Act 2016 (15/2016), s. 4(b), S.I. No. 546 of 2017.
Editorial Notes:
E896
Power pursuant to subs. (3) exercised (7.05.2015) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Medical Assessor and Medical Certification) Regulations 2015 (S.I. No. 179 of 2015), art. 3 and sch. item 4, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 78.
E897
Power pursuant to subs. (3) exercised (13.02.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Partial Capacity Benefit) Regulations 2012 (S.I. No. 43 of 2012), art. 5(2)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 78—in effect as per art. 3.
E898
Power pursuant to subs. (2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 76, in effect as per art. 2.
E899
Power pursuant to subs. (3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 17(d) and 78, in effect as per art. 2.
E900
Previous affecting provision: subs. (1)(a) substituted and subs. (1)(aa) inserted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(c)(i), S.I. No. 38 of 2020; substituted (21.07.2025) as per F-Note above.
E901
Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 52, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E902
Previous affecting provision: power pursuant to subs. (3) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 7 and 14(a)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 9 and 54—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E903
Previous affecting provision: power pursuant to statutory precursor of subs. (3) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 54 and sch. F, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; art. 54 substituted (1.11.2006) as per E-Note above; sch. F deleted (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 14(b), in effect as per art. 2.