Invalidity Pension
SWCA ACT 2005
Chapter 17
Invalidity Pension (ss. 118-122)
118.
Entitlement to pension.
(1)Subject to this Act, a person shall be entitled to invalidity pension where he or she –
(a)is permanently incapable of working in insurable employment or insurable self-employment, and the reason for which incapacity is as a direct result of the person concerned being incapable of work and for no other reason,
(aa)would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and
(b)satisfies the contribution conditions in section 119.
(2)The conditions under which a person shall be regarded for the purposes of this section as being permanently incapable of work shall be specified by regulations.
(3)Regulations may provide for disqualifying a person for receiving invalidity pension where the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:
(a)attending for or submitting to any medical or other examination or treatment;
(b)complying with instructions relating to his or her incapacity issued by a registered medical practitioner;
(c)refraining from behaviour likely to hinder his or her recovery;
(d)being available to meet with an officer of the Minister or a medical assessor regarding his or her claim for invalidity pension.
(3A)Subject to subsection (4), a person in receipt of or entitled to invalidity pension shall not engage in insurable employment or insurable self-employment.
(4)A person shall not be disqualified for receipt of invalidity pension while engaging in such class or classes of employment, self-employment or training and subject to such circumstances and conditions as may be prescribed.
119.
Conditions for receipt.
(1)The contribution conditions for invalidity pension are that before the relevant date the claimant has –
(a)qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance, and
(b)qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last or second last complete contribution year before that date.
(2)In this section “relevant date” means –
(a)any date after the completion of one year of continuous incapacity for work, or
(b)any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed,
where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.
(3)In the case of a person who is in receipt of invalidity pension where –
(a)the period of entitlement to invalidity pension began before 6 April 1987, or
(b)the period of entitlement to invalidity pension began on or after 6 April 1987 but before 4 January 1988 and who, immediately before that date, had been in receipt of illness benefit for a period greater than 312 days,
subsection (1)(a) shall be read as if “156” were substituted for “260”.
(4)In the case of a person who is in receipt of invalidity pension where –
(a)the period of entitlement to invalidity pension began on or after 6 April 1987 and before 4 January 1988, or
(b)the period of entitlement to invalidity pension began on or after 4 January 1988 and who, immediately before that date, had been in receipt of illness benefit for a period greater than 312 days,
subsection (1)(a) shall be read as if “208” were substituted for “260”.
(5)Subsections (3) and (4) shall not apply to any claim for invalidity pension where the period of incapacity for work begins on or after 7 July 1988.
(6)Regulations may provide for modifications of the contribution conditions set out in subsection (1).
120.
Contributions paid under the National Health Insurance Acts.
Contributions paid under the National Health Insurance Acts 1911 to 1952 by or in respect of an employed contributor may be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction by the employed contributor of the contribution conditions for invalidity pension.
121.
Rate of pension.
Subject to this Part, the weekly rate of invalidity pension shall be as set out in column (2) of Part 1 of Schedule 2.
122.
Increases (including increases for qualified adult and qualified children).
(1)The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.
(2)The weekly rate of invalidity pension shall be increased by the amount set out –
(a)in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(b)in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.
(3)Subject to subsections (3A) and (3B), any increase of invalidity pension payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse, civil partner or cohabitant of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.
(3A)Subsection (3) shall not apply and no increase of invalidity pension payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
(3B)Subsection (3A) shall not apply in the case of any claim for invalidity pension which is made before 5 July 2012.
(4)The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone.
(5)The weekly rate of invalidity pension shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.
(6)The weekly rate of invalidity pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.