Social Welfare Consolidation Act 2005

161A

F961[Entitlement to pension.

161A.Subject to this Act, a person shall be entitled to pension (in this Act referred to as blind pension) where

(a) the person has attained the age of 18 years but has not attained pensionable age,

F962[(b) the reason for the persons incapacity to perform any insurable employment or insurable self-employment for which eyesight is essential or to continue his or her ordinary occupation is as a direct result of his or her blindness and for no other reason,]

F963[(bb) were it not for this incapacity he or she would be available to work in insurable employment or insurable self-employment,]

(c) the means of the person as calculated in accordance with the Rules contained in Part 5 of Schedule 3 do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 161B, and

(d) the person is habitually resident in the State F964[].]

Annotations

Amendments:

F961

Inserted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 20, S.I. No. 334 of 2006.

F962

Substituted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(d), S.I. No. 38 of 2020.

F963

Inserted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(d), S.I. No. 38 of 2020.

F964

Deleted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(5), commenced on enactment.

Modifications (not altering text):

C58

Application of section restricted (1.02.2016) by European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015), art. 17(2), in effect as per art. 1(2). The text of art. 17(2) appears above immediately before s. 139.