Social Welfare Consolidation Act 2005

F621[Increase of disablement pension on account of incapacity.

77

77.—(1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

(2) (a) For the purposes of this section, a person may be treated as being incapable of work, and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent the person being capable of work, where it is likely to restrict him or her to earning not more than the amount that may be prescribed.

(b) In paragraph (a) the reference to ‘earning’ includes a reference to receiving any remuneration or profit derived from gainful occupation.

(3) An increase of pension under this section (in this Chapter referred to as ‘an incapacity supplement’) shall be payable for the period that may be determined at the time it is granted, but may be renewed from time to time.]

Annotations

Amendments:

F621

Substituted (7.01.2011) by Social Welfare Act 2010 (34/2010), s. 6(1)(b), commenced as per subs. (2).

Editorial Notes:

E716

Power pursuant to subs. (2)(a) exercised (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 11, in effect as per art. 2.

E717

Previous affecting provision: subs. (1A) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010; substituted (7.01.2011) as per F-Note above.

E718

Previous affecting provision: subs. (1) substituted and subs. (1A) inserted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 8(2), commenced on enactment; substituted (7.01.2011) as per F-Note above.

E719

Previous affecting provision: subs. (3) amended (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 7, S.I. No. 334 of 2006; substituted (7.01.2011) as per F-Note above.

E720

Previous affecting provision: power pursuant to statutory precursor of subs. (2)(a) exercised (3.07.1986) by Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) (No. 2) Regulations 1986 (S.I. No. 237 of 1986), art. 8(1); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 5 and sch. 6, in effect as per art. 2.