Social Welfare Consolidation Act 2005
Conditions for receipt.
[1993 s96(1)]
119.—(1) The contribution conditions for invalidity pension are that before the relevant date the claimant has—
(a) qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance, and
(b) qualifying contributions or credited contributions in respect of not less than 48 contribution weeks F755[in the last or second last complete contribution year before that date.]
[1993 s96(2)]
(2) In this section “relevant date” means—
(a) any date after the completion of one year of continuous incapacity for work, or
(b) any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed,
where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.
[1993 s96(3)]
(3) In the case of a person who is in receipt of invalidity pension where—
(a) the period of entitlement to invalidity pension began before 6 April 1987, or
(b) the period of entitlement to invalidity pension began on or after 6 April 1987 but before 4 January 1988 and who, immediately before that date, had been in receipt of F756[illness benefit] for a period greater than 312 days,
subsection (1)(a) shall be read as if “156” were substituted for “260”.
[1993 s96(4)]
(4) In the case of a person who is in receipt of invalidity pension where—
(a) the period of entitlement to invalidity pension began on or after 6 April 1987 and before 4 January 1988, or
(b) the period of entitlement to invalidity pension began on or after 4 January 1988 and who, immediately before that date, had been in receipt of F757[illness benefit] for a period greater than 312 days,
subsection (1)(a) shall be read as if “208” were substituted for “260”.
[1993 s96(5)]
(5) Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work begins on or after 7 July 1988.
[1993 s96(6)]
(6) Regulations may provide for modifications of the contribution conditions set out in subsection (1).
Annotations
Amendments:
F755
Substituted (1.12.2017) by Social Welfare Act 2016 (15/2016), s. 4(c), S.I. No. 546 of 2017.
F756
Substituted (14.12.2023) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 10, commenced on enactment.
F757
Substituted (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006.
Editorial Notes:
E904
Power pursuant to subs. (2)(b) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 77, in effect as per art. 2.
E905
Previous affecting provision: power pursuant to statutory precursor of subs. (2)(b) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 53, 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.
