Social Welfare Consolidation Act 2005
Conditions for receipt.
[1993 s32(1); 2003 s9(1)]
41.—(1) The contribution conditions for F350[illness benefit] are—
F351[(a) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and]
[2005 (SW&P) s11(a)]
(b) that the claimant—
(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or
(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,
and
[1993 (No. 2) s7]
(c) that the claimant has—
(i) prescribed reckonable weekly earnings, or
F352[(ia) prescribed weekly earnings, in the case of a person who immediately before the week of incapacity for which illness benefit was claimed—
(I) was in receipt of F353[invalidity pension,] carer’s benefit or carer’s allowance, and
(II) was in receipt of illness benefit immediately before receiving a payment referred to in subparagraph (I),
or]
(ii) in the case of a person who qualifies for F350[illness benefit] by virtue of having paid optional contributions, prescribed reckonable weekly income,
in excess of a prescribed amount in the prescribed period.
[1993 s32(2); 2005 (SW&P) s26 & Sch 4]
(2) In the case of a claim for F350[illness benefit] where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”.
[2003 s9(1)(b)]
(3) In the case of a claim for F350[illness benefit] where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004, subsection (1)(a) shall be read as if “39” were substituted for “52”.
F354[(3A) In the case of a claim for illness benefit where the period of interruption of employment began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.]
[1993 s32(3); 2005 (SW&P) s11(a)]
(4) Regulations may provide for entitling to F350[illness benefit], subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement in subsection (1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed is not satisfied.
[1993 s32(4)]
(5) Where a person has been entitled to payment of F350[illness benefit] in respect of any day which is on or after 3 January 1981, or would but for section 40(2) or 46(1) have been so entitled, then, in relation to F350[illness benefit], the benefit year which includes the first such day in every period of incapacity for work which is, or is deemed to be, a separate period of incapacity shall, for the purpose of the F355[conditions contained in subsections (1)(b) and (c)], be regarded as continuing for each day of incapacity for work in that period in respect of which the person's right to that benefit has not been exhausted up to and including the 312th day in that period in respect of which the benefit has been paid.
F356[(5A) Subsection (5) shall not apply where a person has been entitled to illness benefit, and in the course of a period of incapacity for work, would be entitled to payment of such benefit at a higher rate than would be payable were that person a person to whom the said subsection applied.]
F357[(5B) For the purpose of subsection (5), in calculating the total of 312 days, the following days shall, in addition to any days in respect of which the person was in receipt of illness benefit, be included in the calculation:
(a) any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;
(b) any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.]
[1993 s32(5)]
(6) Regulations may provide for modifications of the contribution conditions set out in subsection (1).
[1993 s32(6)]
(7) Subject to subsection (8), regulations may provide for entitling to F350[illness benefit] persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied.
[1993 s32(7)]
(8) Regulations under subsection (7) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 and the rate specified by the regulations may vary with the extent to which either of the conditions set out in subsection (1)(c) is satisfied.
[1993 s32(8)]
(9) The requirement contained in subsection (1)(b)(i) that there must be qualifying contributions in respect of at least 13 contribution weeks in the relevant contribution year shall not apply to any period of incapacity for work beginning before 1 July 1992.
[1993 (No. 2) s12; 1999 s24(1)]
(10) The requirement contained in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for F350[illness benefit] made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
[2005 (SW&P) s4(1)]
(11) In the case of any claim for F350[illness benefit], where, at the time of application for that benefit, the claimant—
(a) is in receipt of or entitled to F358[jobseeker’s allowance] under section 142(1)(a), and
(b) has qualifying contributions in respect of not less than 260 weeks,
subsection (1)(b)(i) shall be read as if “39 contribution weeks” were substituted for “39 contribution weeks, of which at least 13 must be qualifying contributions” and subsection (1)(c) shall not apply.
[2005 (SW&P) s4(1)]
(12) In the case of any claim for F350[illness benefit] F359[made before 1 July in any year] where, on the date immediately before the claim, a person was in receipt of or entitled to occupational injury benefit, subsection (1)(b)(i) shall be read as if “in the second last or third last complete contribution year” were substituted for “in the second last complete contribution year”.
Annotations
Amendments:
F350
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.
F351
Substituted (5.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 15(1)(a), commenced as per subs. (3).
F352
Inserted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 5(b)(i), S.I. No. 219 of 2007.
F353
Inserted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 6, commenced on enactment.
F354
Inserted (5.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 15(1)(b), commenced as per subs. (3).
F355
Substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 5(a)(i), commenced on enactment.
F356
Inserted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 5(a)(ii), commenced on enactment.
F357
Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 25, commenced as per s. 1(3)
F358
Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006.
F359
Inserted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 5(b)(ii), S.I. No. 219 of 2007.
Editorial Notes:
E253
Power pursuant to subs. (7) exercised (6.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Change in Rates) Regulations 2025 (S.I. No. 677 of 2025), arts. 3(e) and (f)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs..5, 6, 6A and 7—in effect as per art. 2(c).
E254
Power pursuant to subs. (1)(c) exercised (4.05.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Income Disregard) Regulations 2023 (S.I. No. 234 of 2023), unnumbered article, para (a), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 26(4).
E255
Power pursuant to subs. (1)(c) exercised (5.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), art. 5(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 26—in effect as per art. 2(b).
E256
Power pursuant to subs. (7) exercised (5.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), arts. 5(b) and 5(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 27—in effect as per art. 2(b).
E257
Power pursuant to subs. (7) exercised (18.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), art. 4, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 6A.
E258
Power pursuant to subs. (1)(c) exercised (1.05.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007 (S.I. No. 222 of 2007), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 26 —in effect as per art. 2(a)
E259
Power pursuant to subs. (1)(c) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 26, in effect as per art. 2.
E260
Power pursuant to subs. (4) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 28, in effect as per art. 2.
E261
Power pursuant to subs. (7) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 27 and schs. 5 to 7, in effect as per art. 2.
E262
Previous affecting provision: power pursuant to subs. (7) exercised (6.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 20) (Change in Rates) Regulations 2024 (S.I. No. 747 of 2024), art. 3(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c); substituted (6.01.2026) as per E-Note above.
E263
Previous affecting provision: power pursuant to subs. (7) exercised (1.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Change in Rates) Regulations 2023 (S.I. No. 684 of 2023), art. 3(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c); substituted (6.01.2025) as per E-Note above.
E264
Previous affecting provision: power pursuant to subs. (7) exercised (2.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Change in Rates) Regulations 2022 (S.I. No. 718 of 2022), art. 3(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c); substituted (1.01.2024) as per E-Note above.
E265
Previous affecting provision: power pursuant to subs. (7) exercised (3.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Change in Rates) Regulations 2021 (S.I. No. 780 of 2021), art. 3(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 3(d); substituted (2.01.2023) as per E-Note above.
E266
Previous affecting provision: power pursuant to subs. (7) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 12 and sch. item nos. 17 to 20—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2; substituted (3.01.2022) as per E-Note above.
E267
Previous affecting provision: power pursuant to subs. (7) exercised (25.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Change in Rates) Regulations 2019 (S.I. No. 102 of 2019), art. 3(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c); substituted (3.01.2022) as per E-Note above.
E268
Previous affecting provision: power pursuant to subs. (7) exercised (26.03.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Change in Rates) Regulations 2018 (S.I. No. 102 of 2018), art. 4(e) and (f), schs. 5 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 3(f); substituted (25.03.2019) as per E-Note above.
E269
Previous affecting provision: power pursuant to subs. (7) exercised (3.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), art. 6(a), 6(b), 6(c), 7(a), schs. 1, 2, 3 and 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c) substituted (26.03.2018) as per E-Note above.
E270
Previous affecting provision: power pursuant to subs. (7) exercised (4.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Increase Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 6(a), (b), (c), 7(b), schs. 1, 2, 3 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(c) substituted (3.01.2011) as per E-Note above.
E271
Previous affecting provision: power pursuant to subs. (7) exercised (29.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 6(a), 6(b), 7(g), schs. 1, 2 and 10—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5 to 7—in effect as per art. 2(c) substituted (4.01.2010) as per E-Note above.
E272
Previous affecting provision: power pursuant to subs. (7) exercised (31.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 7(a), 7(b), 8(g), schs. 1, 2 and 10—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5 to 7—in effect as per art. 2(c) substituted (29.12.2008) as per E-Note above.
E273
Previous affecting provision: power pursuant to subs. (7) exercised (1.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 8(a), 8(b), 9(g), schs. 1, 2 and 13—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. 1, 2 and 13—in effect as per art. 2(c); 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.
E274
Previous affecting provision: power pursuant to subs. (1)(c) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 9—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 17—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.
E275
Previous affecting provision: power pursuant to subs. (7) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 6(d), 25)(a), 25(b), 25(d), schs. 1, 2 and 13—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 18; deleted schs. B, BA and Q; and inserted schs. 1, 2 and 13—in effect as per art. 2; schs. 1, 2 and 13 substituted (1.01.2007) as per E-Note above; art. 18 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.
E276
Previous affecting provision: power pursuant to subs. (7) exercised (8.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 9(i) and sch. 9—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. Q—in effect as per art. 2(c); deleted (1.11.2006) as per E-Note above.
E277
Previous affecting provision: power pursuant to subs. (7) exercised (2.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), arts. 6(a), 6(b), 7(k), schs. 1, 2 and 22—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B, BA and Q—in effect as per art. 2(c); schs. B and BA deleted (1.11.2006) as per E-Note above; sch. Q substituted (8.05.2006) as per E-Note above.
E278
Previous affecting provision: application of section modified (16.12.2004) by Social Welfare (Transitional Arrangements) (Alignment of Income Tax Year with Calendar Year) (No. 1) Regulations 2004 (S.I. No. 848 of 2004), arts. 3(1) and 3(2); continued in force (1.12.2005) by s. 362(2) as if made under this Act; applied in respect only of the period 3.01.2005 to 1.01.2006.
E279
Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (3.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 6(a), 6(b), 7(k), schs. 1, 2 and 22—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B, BA and Q—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (2.01.2006) as per E-Note above.
E280
Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (29.12.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 8) (Graduated Rates) Regulations 2003 (S.I. No. 725 of 2003), arts. 4(1)(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 18 and sch. B, inserted sch. BA and adopted existing sch. Q—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.
E281
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(c) exercised (2.1.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 17, in effect as per art. 2; amended (29.12.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 8) (Graduated Rates) Regulations 2003 (S.I. No. 725 of 2003), art. 4(1)(a), in effect as per art. 2(b); 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.
E282
Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (2.1.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 19, in effect as per art. 2; amended (3.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Carers) Regulations 2000 (S.I. No. 106 of 2000), art. 3(a), in effect as per art. 2; amended (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 5(1)(b), 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.