Social Welfare Consolidation Act 2005
Conditions for receipt.
[SI 25/96 Art 6; 2005 (SW&P) s11(c)]
53.—(1) The conditions for health and safety benefit are—
(a) (i) that the claimant has qualifying contributions in respect of not less than 13 contribution weeks in the 12 months immediately before the expected date of confinement or the actual date of confinement, as the case may be, or
(ii) F410[(I) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and]
(II) F411[(A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, of which at least 13 must be qualifying contributions, or]
(B) that the claimant 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 first day for which health and safety benefit is claimed,
and
(b) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.
[2003 s9(2)(b)]
(2) In the case of a claim for health and safety benefit where the period of health and safety leave began before 5 April 2004, subsection (1)(a)(ii)(I) shall be read as if “39” were substituted for “52”.
F412[(2A) In the case of a claim for health and safety benefit where the period of health and safety leave began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a)(ii)(I) shall be read as if ‘52’ were substituted for ‘104’.]
[SI 25/95 Art 6]
(3) The requirement in subsection (1)(a) shall not apply in the case of a claim for health and safety benefit which is made in a relevant period where the claimant was previously in receipt of maternity benefit under section 47 in that relevant period.
[SI 25/95 Art 6]
(4) Subject to subsection (5), regulations may provide for entitling to health and safety benefit a woman who would be entitled to that benefit but for the fact that the condition in subsection (1)(b) is not satisfied.
[SI 25/95 Art 6]
(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue of that subsection 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 the condition in subsection (1)(b) is satisfied.
[1999 s24(3)]
(6) The requirement contained in subsection (1)(b) 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 health and safety 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.
Annotations
Amendments:
F410
Substituted (5.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 16(1)(a)(i), commenced as per subs. (2).
F411
Substituted (5.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 16(1)(a)(ii), commenced as per subs. (2).
F412
Inserted (5.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 16(1)(b), commenced as per subs. (2).
Editorial Notes:
E372
Power pursuant to subs. (4) 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 sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c).
E373
Power pursuant to subs. (1)(b) 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. 6(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 36—in effect as per art. 2(b).
E374
Power pursuant to subs. (4) 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. 4, 6(b) and 6(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 37 and inserted sch. 6A—in effect as per art. 2(b).
E375
Power pursuant to subs. (1)(b) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 36, in effect as per art. 2.
E376
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. 37, sch. 5 and sch. 6, in effect as per art. 2.
E377
Previous affecting provision: power pursuant to subs. (4) 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 sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c); substituted (6.01.2025) as per F-Note above.
E378
Previous affecting provision: power pursuant to subs. (4) 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 sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c); substituted (1.01.2024) as per E-Note above.
E379
Previous affecting provision: power pursuant to subs. (4) 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. 5(e) and sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 3(d); substituted (2.01.2023) as per E-Note above.
E380
Previous affecting provision: power pursuant to subs. (4) 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 sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c); substituted (3.01.2022) as per E-Note above.
E381
Previous affecting provision: power pursuant to subs. (4) 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 sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 3(f); substituted (25.03.2019) as per E-Note above.
E382
Previous affecting provision: power pursuant to subs. (4) exercised (13.03.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2017 (S.I. No. 64 of 2017), art. 4(e) and sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 3(f); substituted (26.03.2018) as per E-Note above.
E383
Previous affecting provision: power pursuant to subs. (4) 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), arts. 6(b), 6(c), schs. 2 and 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c); substituted (13.03.2017) as per E-Note above.
E384
Previous affecting provision: power pursuant to subs. (4) 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) and sch. 1—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 5 that thereafter ceased to be relevant to health and safety benefit—in effect as per art. 2(c).
E385
Previous affecting provision: power pursuant to subs. (4) 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), arts. 6(b), 6(c), schs. 2 and 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 6 and 6A—in effect as per art. 2(c); substituted (3.01.2011) as per E-Note above.
E386
Previous affecting provision: power pursuant to subs. (4) 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) and sch. 1—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 5—in effect as per art. 2(c); schedule ceased to be relevant to health and safety benefit (4.01.2010) as per E-Note above.
E387
Previous affecting provision: power pursuant to subs. (4) 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(b) and sch. 2—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 6—in effect as per art. 2(c); substituted (4.01.2010) as per E-Note above.
E388
Previous affecting provision: power pursuant to subs. (4) 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 and sch. 1, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 6A; substituted (4.01.2010) as per E-Note above.
E389
Previous affecting provision: power pursuant to subs. (4) 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), arts. 7(a), 7(b), sch. 1 and sch. 2—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5 and 6—in effect as per art. 2(c); substituted (29.12.2008) as per E-Note above.
E390
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 4(c) and 9—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25A—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.
E391
Previous affecting provision: power pursuant to subs. (4) 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) and 25(d)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25B, deleted schs. B and BA, and inserted schs. 1 and 2—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.
E392
Previous affecting provision: power pursuant to subs. (4) 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), schs. 1 and 2—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B and BA—in effect as per art. 2(c); schs. deleted (1.11.2006) as per E-Note above.
E393
Previous affecting provision continued in force (1.12.2005) by s. 362(2) as if made under this Act: application of subs. (1)(b) 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), art. 3(3); applied only as regards the benefit year commencing on 3.01.2005 and ending on 1.01.2006.
E394
Previous affecting provision: statutory precursor of subs. (1)(b) exercised (30.01.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995 (S.I. No. 26 of 1995), art. 7—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25A—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)(c), 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.
E395
Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (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)(d) and 5—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25B and sch. B, and inserted sch. BA—in effect as per art. 2; schs. B and BA substituted (3.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), arts. 6(a), 6(b), schs. 1 and 2, in effect as per art. 2(c); continued in force (1.12.2005) by s. 362(2) as if made under this Act; art. 25B 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.