Social Welfare Consolidation Act 2005
Disqualifications.
[1993 s36(1)]
46.—(1) Regulations may provide for disqualifying a person for receiving F377[illness benefit] for such period not exceeding 9 weeks as may be determined under this Part where—
(a) the person has become incapable of work through his or her own misconduct, or
F378[(b) the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:
(i) attending for or submitting to any medical or other examination or treatment;
(ii) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;
(iii) refraining from behaviour likely to hinder his or her recovery;
(iv) being available to meet with F379[an officer of the Minister or a medical assessor] regarding his or her claim for illness benefit.]
F380[(1A) Subject to subsection (1B), a person in receipt of or entitled to illness benefit shall not engage in work.]
F381[(1B) A person shall not be disqualified for receipt of illness benefit while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.]
[1993 s36(2)]
(2) Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of F377[illness benefit] and restrictions on the rate and duration of that benefit where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or injustice.
[1993 s36(3)]
(3) Regulations may also provide for disqualifying a person for the receipt of F377[illness benefit] where he or she fails, on becoming or again becoming incapable of work, to make a claim within the prescribed time, but those regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.
Annotations
Amendments:
F377
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.
F378
Substituted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 5(c)(i), S.I. No. 219 of 2007.
F379
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 3(2)(a), commenced on enactment.
F380
Substituted (13.02.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 12(2)(b)(i), S.I. No. 42 of 2012.
F381
Inserted (13.02.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 12(2)(b)(ii), S.I. No. 42 of 2012.
Editorial Notes:
E295
Power pursuant to subs. (1) 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 1, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 24.
E296
Power pursuant to subs. (1) 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(1)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 24—in effect as per art. 3.
E297
Power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 17(a) and 24, in effect as per art. 2.
E298
Previous affecting provision: subs. (1A) inserted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 5(c)(ii), S.I. No. 219 of 2007; substituted (13.02.2012) as per F-Note above.
E299
Previous affecting provision: power pursuant to subs. (1) 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 8(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 9 and 15—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.
E300
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 9, 15 and sch. A, in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; arts. 9 and 15 substituted (1.11.2006) as per E-Note above; sch. A deleted (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 8(c), in effect as per art. 2.
Table
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Amendments to art. 9 • substituted (3.05.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 (S.I. No. 231 of 2005), art. 5, in effect as per art. 2. • substituted (26.10.2000) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Medical Assessor and Medical Certification) Regulations 2015 (S.I. No. 340 of 2000), art. 5(1)(a), in effect as per art. 2. Amendment to art. 15 • amended (31.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 3(c). Amendment to sch. A • amended (31.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 3(c). |