{"id":19833,"date":"2022-10-31T21:02:19","date_gmt":"2022-10-31T21:02:19","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19833"},"modified":"2024-04-07T20:49:19","modified_gmt":"2024-04-07T20:49:19","slug":"illness-benefits","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/illness-benefits\/","title":{"rendered":"Illness Benefits"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Illness_Benefit\" title=\"Illness Benefit\">Illness Benefit<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Periods_of_Interruption\" title=\"Periods of Interruption\">Periods of Interruption<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Incapable_of_Work\" title=\"Incapable of Work\">Incapable of Work<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Qualification\" title=\"Qualification\">Qualification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Statutory_Sick_Pay\" title=\"Statutory Sick Pay\">Statutory Sick Pay<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Benefit\" title=\"Benefit\">Benefit<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Disqualification\" title=\"Disqualification\">Disqualification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Some_Limited_Work\" title=\"Some Limited Work\">Some Limited Work<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/illness-benefits\/#Duration\" title=\"Duration\">Duration<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#SWAC_2005\" title=\"SWAC 2005\">SWAC 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Disability_Benefit_ss_40-46\" title=\"Disability Benefit (ss. 40-46)\">Disability Benefit (ss. 40-46)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Conditions_for_receipt\" title=\"Conditions for receipt.\">Conditions for receipt.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Rate_of_benefit\" title=\"Rate of benefit.\">Rate of benefit.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Increases_for_qualified_adult_and_qualified_children\" title=\"Increases for qualified adult and qualified children.\">Increases for qualified adult and qualified children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Duration_of_payment\" title=\"Duration of payment.\">Duration of payment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Duration_of_payment_optional_contributors\" title=\"Duration of payment (optional contributors).\">Duration of payment (optional contributors).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/illness-benefits\/2\/#Disqualifications\" title=\"Disqualifications.\">Disqualifications.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Illness_Benefit\"><\/span>Illness Benefit<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The payments formerly known as disability and sickness benefit are now known as illness benefit. Illness benefit is payable to a person under 66 for days missed from employment, due to incapacity. Certain conditions apply.<\/p>\n<p>A day of incapacity is a day in which the person is incapable of work. The benefit is not payable for the first three days. Neither Sundays nor holidays count for such purposes.<\/p>\n<p>The person must show he is incapable of work on the day concerned. If he actually works and does work other than rehabilitative work, he does not qualify. Any three days within six consecutive days are treated as periods of incapacity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Periods_of_Interruption\"><\/span>Periods of Interruption<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Periods separated by less than four days are treated as a single period. Therefore, if a person for example is incapable of working for three days returns to work on the fourth day, but is incapable again in the fifth day, the fifth day will be treated as qualifying, without a further three day wait.<\/p>\n<p>Any three days of interruption of employment, whether by way of unemployment or incapacity is deemed an interruption of employment, if they occur within a period of six days. Any periods \u00a0not separated by more than 13 weeks are deemed a single period of interruption of employment. A day on which a woman is entitled to and in receipt of maternity benefit is treated as a day of incapacity for the purpose of computing interruption of employment.<\/p>\n<p>The 2020 Act reduced from 6 days to 3 days, the number of \u201cwaiting\u201d days before which a claimant qualifies for Illness Benefit. Under these provisions, a claimant is entitled to Illness Benefit from the fourth day of illness. Illness Benefit is a payment made to insured people who are unable to work due to illness and who satisfy certain PRSI contribution conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Incapable_of_Work\"><\/span>Incapable of Work<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person must be incapable of work by reason of a disease, bodily, or mental, disablement, or impairment in accordance with regulations. The illness must be certified by a doctor, generally.<\/p>\n<p>Where a claimant is unable to follow his usual occupation but could be fit for a less demanding form of work, he may be regarded as incapable, if it is likely that he will soon be able to return to his former occupation. In the longer term, the \u00a0person certifying illness must consider if the physical or mental condition of the claimant is such that he is capable of performing alternative work, which he could reasonably be expected to undertake after taking into account his training, educational experience and age.<\/p>\n<p>A person may be deemed incapable of work if although not in fact incapable, he cannot go to work such for example, where he is under medical care for a disease or disablement and the medical doctor certifies that he should not work or is an probable source of infection.<\/p>\n<p>A person may be incapable of his normal own employment but be capable of another form of employment. However, if he is likely to return to his occupation this will be treated as a period in which he is incapable of work. If, however, the person is capable of performing different work in longer term he would be deemed capable and it would not be appropriate that he be certified as incapable.<\/p>\n<p>A person may be deemed incapable of work on account of being certified as being recovering from a disease or disablement, or a possible source of infection and where he abstains from work on the order or advice of a doctor.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Qualification\"><\/span>Qualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In order to qualify for injury benefit the person must have<\/p>\n<ul>\n<li>104 weeks\u2019 contributions since first employment:<\/li>\n<li>39 paid or credited contributions in the second last year before the claim or,<\/li>\n<li>26 paid in each of the second and third last contribution years.<\/li>\n<\/ul>\n<p>A person must have reckonable weekly earnings in excess of a certain amount in the contribution year concerned. The current amount is \u20ac300. Reduced rates of benefit applied between \u20ac32 and \u20ac300.<\/p>\n<p>A person satisfying the conditions may qualify for illness benefit for up to a year. Two periods separated by less than one year count as one. After that a person must re-qualify.<\/p>\n<p>Prior to 2009 a person who had five years contribution could potentially continue to receive illness benefit up to retirement age. A person may qualify for up to two years without re-qualifying under the new rule.<\/p>\n<p>There must be reckonable weekly earnings in excess of \u20ac300 for the previous contribution year. A person who has reckonable earnings less than \u20ac32 a week is deemed to have reckonable earnings of \u20ac32 per week. The person must have reckonable weekly earnings in excess of the prescribed amount, \u20ac300 per week.<\/p>\n<p>The reckonable earnings for the relevant year are divided by the number of contributions paid. Persons with reckonable earnings below \u20ac32 are deemed to have reckonable earnings of \u20ac32. Between \u20ac32 and \u20ac300, there is a reduced rate of benefit applicable. In order to requalify, a person must have 13 paid contributions, since the last day for which he was entitled to the benefit and also satisfy the contribution conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Sick_Pay\"><\/span>Statutory Sick Pay<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p data-block-key=\"6sg9m\">From 1 Jan 2024,\u00a0Statutory Sick Pay (SSP) increased from 3 to 5 days a year. A person cannot qualify for\u00a0 Illness Benefit on the days that they receive\u00a0 SSP.<\/p>\n<p data-block-key=\"66ce3\">If\u00a0 the first illness in 2024 is less than 5 days and the person qualifies for Statutory Sick Pay, they don&#8217;t need to apply for Illness Benefit. For illnesses lasting more than 5 days, Illness Benefit starts from day 6.<\/p>\n<p data-block-key=\"aenmk\">If a person uses their\u00a0 5 days of SSP in 2024 and becomes ill again in the same year, they receive Illness Benefit from day 4 of their illness, is after the normal 3 waiting days.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Benefit\"><\/span>Benefit<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Illness benefit is at a fixed rate with increments for children and qualified dependent adults. The personal rate is dependent on prior weekly earnings to some extent. The rates for 2024 are<\/p>\n<table style=\"font-weight: 400;\">\n<tbody>\n<tr>\n<td><strong>Average weekly earnings<\/strong><\/td>\n<td><strong>Personal rate<\/strong><\/td>\n<td><strong>Increase for an adult dependant<\/strong><\/td>\n<\/tr>\n<tr>\n<td>\u20ac300 or more<\/td>\n<td>\u20ac232.00<\/td>\n<td>\u20ac154.00<\/td>\n<\/tr>\n<tr>\n<td>\u20ac220 &#8211; \u20ac299.99<\/td>\n<td>\u20ac181.70<\/td>\n<td>\u20ac99.70<\/td>\n<\/tr>\n<tr>\n<td>\u20ac150 &#8211; \u20ac219.99<\/td>\n<td>\u20ac149.60<\/td>\n<td>\u20ac99.70<\/td>\n<\/tr>\n<tr>\n<td>Less than \u20ac150<\/td>\n<td>\u20ac104.10<\/td>\n<td>\u20ac99.70<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h3><span class=\"ez-toc-section\" id=\"Disqualification\"><\/span>Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is disqualified from illness benefits if he<\/p>\n<ul>\n<li>is incapable of work due to his own misconduct:<\/li>\n<li>fails without good cause to comply with requirements specified<\/li>\n<li>including medical attendance and examination or comply with instructions issued by a doctor, refraining from a behavior likely to hinder recovery or<\/li>\n<li>is not available to meet with an officer of the department<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Some_Limited_Work\"><\/span>Some Limited Work<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may continue to receive illness benefit while engaging in certain types of employment or training as may be prescribed by regulations. The prior consent of the Department of Social Protection is required. Consent may be granted for work or training, if a person has become incapable of following his normal occupation and is undergoing a course of training with a view to taking another occupation, or is engaged in parttime work of an rehabilitative \u00a0or occupational therapy nature .<\/p>\n<p>A person may undertake<\/p>\n<ul>\n<li>light work, without permission, where no remuneration is or normally would be payable:<\/li>\n<li>work undertaken as part of treatment while the patient is in the hospital where earnings do not exceed \u20ac50;<\/li>\n<li>work under a scheme that this charitable in character and the earnings do not exceed \u20ac50.<\/li>\n<\/ul>\n<p>A person will not qualify for illness benefit, if he or she is out of the State, subject to certain exceptions or in prison. European Union Rights may alter the position in a particular case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Duration\"><\/span>Duration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p data-block-key=\"7dn1k\">Illness Benefit is paid for a maximum of:<\/p>\n<ul>\n<li data-block-key=\"uqfsz\">2 years (624 payment days) if there is at least 260 weeks of social insurance contributions paid since commencement of\u00a0 work or<\/li>\n<\/ul>\n<ul>\n<li data-block-key=\"at97o\">1 year (312 payment days) if there is between 104 and 259 weeks of social insurance contributions paid since commencement of work.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>SWAC 2005<\/h2>\n<p>&nbsp;<\/p>\n<p>Chapter 8<\/p>\n<h4>Disability Benefit (ss. 40-46)<\/h4>\n<p>40.<\/p>\n<p>Entitlement to benefit.<\/p>\n<p>(1)Subject to this Act, a person shall only be entitled to illness benefit in respect of any day of incapacity for work (in this Act referred to as &#8220;a day of incapacity for work&#8221;) which forms part of a period of interruption of insurable employment, where &#8211;<\/p>\n<p>(a)on the day for which the benefit is claimed &#8211;<\/p>\n<p>(i)the person is under pensionable age, or<\/p>\n<p>(ii)the person was born on or after 1 January 1958 and has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),<\/p>\n<p>(aa)he or she is incapable of work,<\/p>\n<p>(ab)the reason for the period of interruption of employment is as a direct result of the person concerned being incapable of work and for no other reason, and<\/p>\n<p>(b)he or she satisfies the contribution conditions in section 41.<\/p>\n<p>(2)A person shall not be entitled to illness benefit for the first 6 days of any period of incapacity for work.<\/p>\n<p>(2A)Subsection (2) shall not apply to a person who had an entitlement to jobseeker&#8217;s benefit or jobseeker&#8217;s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day of incapacity for work.<\/p>\n<p>(2B)Notwithstanding subsections (2) and (2A), a person shall not be entitled to illness benefit &#8211;<\/p>\n<p>(a)for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or<\/p>\n<p>(b)for 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.<\/p>\n<p>(2C)Subsection (2B) shall not apply in a case where an exemption is for the time being in force under section 10 of the Act of 2022 in respect of the employer of the person concerned.<\/p>\n<p>(2D)Notwithstanding subsections (2), (2A) and (2B), a person shall not be entitled to illness benefit for the first day of any such entitlement, where in the immediately preceding 6 days the person is entitled to statutory sick leave under the Act of 2022 in respect of a Sunday.<\/p>\n<p>(3)For the purposes of any provision of this Act relating to illness benefit &#8211;<\/p>\n<p>(a)a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day the person is incapable of work,<\/p>\n<p>(b)&#8221;day of interruption of employment&#8221; means a day which is a day of incapacity for work or of unemployment,<\/p>\n<p>(c)any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any 2 such periods not separated by a period of more than 26 weeks shall be treated as one period of interruption of employment,<\/p>\n<p>(d)any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work,<\/p>\n<p>(e)notwithstanding paragraph (d), in the case of a person who, on or after 1 April 2002, has been in receipt of illness benefit for not less than 1,560 days in respect of a period of incapacity for work and who, within the same period of interruption of employment, has subsequent periods of incapacity for work, any 2 such subsequent periods of incapacity for work within that period of interruption of employment not separated by a period of more than 13 weeks shall be treated as one period of incapacity for work,<\/p>\n<p>(ea)notwithstanding paragraph (d), in the case of a person who, on or after 1 May 2007, has been in receipt of illness benefit for not less than 624 days in respect of a period of incapacity for work and who, within the same period of interruption of employment, has subsequent periods of incapacity for work, any 2 such subsequent periods of incapacity for work within that period of interruption of employment not separated by a period of more than 26 weeks shall be treated as one period of incapacity for work,<\/p>\n<p>(eb)for the purpose of paragraph (ea), in calculating the total of 624 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:<\/p>\n<p>(i)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;<\/p>\n<p>(ii)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, other than the first 3 days of payment under such scheme.<\/p>\n<p>(f)other than for the purposes of subsection (2A), Sunday or any other day in each week that may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days,<\/p>\n<p>(g)a day shall not be treated in relation to an insured person as a day of incapacity for work where, in respect of that day, the insured person is being paid by his or her employer in respect of holiday leave,<\/p>\n<p>(h)any 2 periods of incapacity for work separated by a period in respect of which an insured person is being paid by his or her employer in respect of holiday leave shall be treated as one period of incapacity for work.<\/p>\n<p>(4)Subject to subsection (3), regulations may make provision as to the days which are or are not to be treated for the purposes of illness benefit as days of incapacity for work or of unemployment.<\/p>\n<p>(5)The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.<\/p>\n<p>(6)A person who was in receipt of maternity benefit under section 47 on any of the 3 days before the day in respect of which a claim for illness benefit is made shall not be entitled to illness benefit for the first 3 days of incapacity for work in respect of that claim.<\/p>\n<p>40A.<\/p>\n<p>Regulations in respect of persons to whom section 40(7) applies<\/p>\n<p>Ceased from 1 October 2022<br \/>\n(1)The Minister may, following consultation with the Minister for Health, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters specified in subsection (2), make regulations for the purposes of giving full effect to the relevant provisions and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:<\/p>\n<p>(a)the matters referred to as prescribed by the relevant provisions;<\/p>\n<p>(b)the procedure by which, and manner in which, a person is certified to be a relevant person;<\/p>\n<p>(c)notwithstanding the generality of paragraph (b), the procedure by which, and manner in which, a person is deemed to be a probable source of infection of Covid-19;<\/p>\n<p>(d)the requirements in relation to which, and the manner in which, a relevant person shall notify the Minister of the circumstances of his or her incapacity, or deemed incapacity, for work;<\/p>\n<p>(e)additional conditions for entitlement of a relevant person to illness benefit;<\/p>\n<p>(f)such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving effect to the relevant provisions.<\/p>\n<p>(2)When making regulations under this section, the Minister shall have regard to the following:<\/p>\n<p>(a)the nature and potential impact of Covid-19 on individuals, society and the State;<\/p>\n<p>(b)the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;<\/p>\n<p>(c)the policies and objectives of the Government to protect the health and welfare of members of the public;<\/p>\n<p>(d)the need to ensure the most beneficial, effective and efficient use of resources;<\/p>\n<p>(e)the need to mitigate the economic effects of the spread of Covid-19;<\/p>\n<p>(f)in relation to regulations made for the purposes of section 40(7)(c), the impact of the requirement for certification on the availability of resources within the health services.<\/p>\n<p>(3)In this section &#8211;<\/p>\n<p>\u2018relevant person\u2019 means a person to whom section 40(7) applies;<\/p>\n<p>\u2018relevant provisions\u2019 means subsections (7) to (12) of section 40.<\/p>\n<p>41.<\/p>\n<h4>Conditions for receipt.<\/h4>\n<p>(1)The contribution conditions for illness benefit are &#8211;<\/p>\n<p>(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<\/p>\n<p>(b)that the claimant &#8211;<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(c)that the claimant has &#8211;<\/p>\n<p>(i)prescribed reckonable weekly earnings, or<\/p>\n<p>(ia)prescribed weekly earnings, in the case of a person who immediately before the week of incapacity for which illness benefit was claimed:<\/p>\n<p>(I)was in receipt of invalidity pension, carer&#8217;s benefit or carer&#8217;s allowance, and<\/p>\n<p>(II)was in receipt of illness benefit immediately before receiving a payment referred to in subparagraph (I),<\/p>\n<p>or<\/p>\n<p>(ii)in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, prescribed reckonable weekly income,<\/p>\n<p>in excess of a prescribed amount in the prescribed period.<\/p>\n<p>(2)In the case of a claim for illness benefit where the period of interruption of employment began before 6 April 1987, subsection (1) (a) shall be read as if &#8220;26&#8221; were substituted for &#8220;52&#8221;.<\/p>\n<p>(3)In the case of a claim for 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 &#8220;39&#8221; were substituted for &#8220;52&#8221;.<\/p>\n<p>(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 &#8217;52&#8217; were substituted for &#8216;104&#8217;.<\/p>\n<p>(4)Regulations may provide for entitling to 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.<\/p>\n<p>(5)Where a person has been entitled to payment of 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 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 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&#8217;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.<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>(a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;<\/p>\n<p>(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.<\/p>\n<p>(6)Regulations may provide for modifications of the contribution conditions set out in subsection (1).<\/p>\n<p>(7)Subject to subsection (8), regulations may provide for entitling to illness benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1) (c) is not satisfied.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 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.<\/p>\n<p>(11)In the case of any claim for illness benefit, where, at the time of application for that benefit, the claimant &#8211;<\/p>\n<p>(a)is in receipt of or entitled to jobseeker\u2019s allowance under section 142 (1) (a), and<\/p>\n<p>(b)has qualifying contributions in respect of not less than 260 weeks,<\/p>\n<p>subsection (1) (b) (i) shall be read as if &#8220;39 contribution weeks&#8221; were substituted for &#8220;39 contribution weeks, of which at least 13 must be qualifying contributions&#8221; and subsection (1) (c) shall not apply.<\/p>\n<p>(12)In the case of any claim for illness benefit 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 &#8220;in the second last or third last complete contribution year&#8221; were substituted for &#8220;in the second last complete contribution year&#8221;.<\/p>\n<p>42.<\/p>\n<h4>Rate of benefit.<\/h4>\n<p>Subject to this Act, the weekly rate of illness benefit shall be as set out in column (2) of Part 1 of Schedule 2.<\/p>\n<p>43.<\/p>\n<h4>Increases for qualified adult and qualified children.<\/h4>\n<p>(1)The weekly rate of illness benefit 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 benefit under this subsection in respect of more than one person.<\/p>\n<p>(2)The weekly rate of illness benefit shall be increased by the amount set out &#8211;<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(3)Subject to subsection (4), any increase of illness benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse 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.<\/p>\n<p>(4)Subsection (3) shall not apply and no increase of illness benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a 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.<\/p>\n<p>44.<\/p>\n<h4>Duration of payment.<\/h4>\n<p>(1)Where a person &#8211;<\/p>\n<p>(a)has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and<\/p>\n<p>(b)before that day was entitled, in respect of any period of interruption of employment (whether including that day or not), to illness benefit for 312 days,<\/p>\n<p>the person shall not be entitled to illness benefit for that day unless since the last of those 312 days and before that day he or she has requalified for benefit.<\/p>\n<p>(1A)Where a person &#8211;<\/p>\n<p>(a)has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and<\/p>\n<p>(b)before that day was entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on 5 January 2009, to illness benefit for 624 days,<\/p>\n<p>the person shall not be entitled to illness benefit for that day unless since the last of those 624 days and before that day he or she has requalified for benefit.<\/p>\n<p>(1B)Subsection (1A) shall not apply to any claim for illness benefit where the period of incapacity for work began on or before 4 January 2009.<\/p>\n<p>(1C)In the case of a person to whom section 41(1)(c)(ia)(I) applies and &#8211;<\/p>\n<p>(a)that person is in receipt of invalidity pension, carer&#8217;s benefit or carer&#8217;s allowance on 5 January 2009, and<\/p>\n<p>(b)the period of incapacity for the illness benefit referred to in section 41(1)(c)(ia)(II) began on or before 4 January 2009,<\/p>\n<p>subsection (1A) shall not apply to the illness benefit claim made immediately following the invalidity pension, carer&#8217;s benefit or carer&#8217;s allowance for the period of incapacity of that illness benefit claim.<\/p>\n<p>(1D)Subsection (1A) shall not apply for the period of incapacity of any claim for illness benefit where, on the date immediately before the claim, a person was incapable of work and entitled to or in receipt of injury benefit in respect of a period on or before 4 January 2009.<\/p>\n<p>(1E)For the purpose of subsection (1), 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:<\/p>\n<p>(a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;<\/p>\n<p>(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, other than the first 3 days of payment under such scheme.<\/p>\n<p>(2)In the case of a claim for illness benefit which was made before 5 April 1993 subsection (1)(b) shall be read as if &#8220;3 years&#8221; were substituted for &#8220;one year&#8221;.<\/p>\n<p>(2A)Notwithstanding subsection (1) &#8211;<\/p>\n<p>(a)where a period of incapacity for work commences before 3 January 2011 and continues on or after that date, subsection (1)(b) shall apply as if the words \u2018during the period beginning on the date one year immediately before that day\u2019 were inserted after \u2018(whether including that day or not)\u2019, and<\/p>\n<p>(b)where a period of incapacity for work commences on or after 3 January 2011 and forms part of a period of interruption of employment during which a previous period of incapacity for work commenced before 3 January 2011, the period for which illness benefit shall be paid in respect of the period of incapacity for work commencing on or after 3 January 2011 shall be 312 days less the cumulative number of days for which illness benefit was determined as having been paid at the end of the last period of incapacity for work that commenced before 3 January 2011.<\/p>\n<p>(3)Notwithstanding subsection (1) or, as the case may be, subsection (1A), where in any period a person has exhausted entitlement to illness benefit he or she shall not requalify for that benefit unless he or she satisfies the conditions set out in subsection (4).<\/p>\n<p>(4)Where a person has exhausted his or her right to illness benefit &#8211;<\/p>\n<p>(a)he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to benefit, and<\/p>\n<p>(b)on his or her requalifying for that benefit, subsection (1) or, as the case may be, subsection (1A) shall again apply to the person but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.<\/p>\n<p>(5)For the purposes of this section, any period in respect of which a person is disqualified for receiving illness benefit by virtue of section 46(1) shall be treated as though it were a period in respect of which illness benefit was paid.<\/p>\n<p>(6)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where he or she would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.<\/p>\n<p>(7)Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and the person would be entitled to illness benefit but for the fact that the contribution condition in section 41(1)(b) or (c) is not satisfied, the person is deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.<\/p>\n<p>(7A)Subsection (7) 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.<\/p>\n<p>(7B)for the purpose of subsection (7), in calculating the 312th day, 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:<\/p>\n<p>(a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;<\/p>\n<p>(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, other than the first 3 days of payment under such scheme.<\/p>\n<p>(8)In the case of a claim for illness benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began before 6 April 1987, subsection (1)(a) shall be read as if &#8220;156&#8221; were substituted for &#8220;260&#8221;.<\/p>\n<p>(9)In the case of a claim for illness benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began on or after 6 April 1987 and before 4 January 1988, subsection (1)(a) shall be read as if &#8220;208&#8221; were substituted for &#8220;260&#8221;.<\/p>\n<p>(10)Subsections (8) and (9) shall not apply to any claim for illness benefit where the period of incapacity for work began on or after 4 July 1988.<\/p>\n<p>(11)Where a person is in receipt of illness benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she &#8211;<\/p>\n<p>(a)was born on or after 1 January 1958, and<\/p>\n<p>(b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving illness benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.<\/p>\n<p>45.<\/p>\n<h4>Duration of payment (optional contributors).<\/h4>\n<p>(1)Notwithstanding section 44, where in any period of interruption of employment a person, having satisfied the contribution conditions contained in section 41 by virtue of having paid optional contributions, has been entitled to illness benefit for 312 days, he or she shall not be entitled to that benefit for any subsequent day of incapacity for work unless before that day the person has requalified for benefit in accordance with subsection (2).<\/p>\n<p>(2)Where a person to whom subsection (1) applies has paid optional contributions in the contribution year following the benefit year which includes that 312th day, he or she shall requalify for illness benefit in the benefit year after the contribution year in respect of which those optional contributions have been paid.<\/p>\n<p>46.<\/p>\n<h4>Disqualifications.<\/h4>\n<p>(1)Regulations may provide for disqualifying a person for receiving illness benefit for such period not exceeding 9 weeks as may be determined under this Part where &#8211;<\/p>\n<p>(a)the person has become incapable of work through his or her own misconduct, or<\/p>\n<p>(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:<\/p>\n<p>(i)attending for or submitting to any medical or other examination or treatment;<\/p>\n<p>(ii)complying with instructions relating to his or her incapacity issued by a registered medical practitioner;<\/p>\n<p>(iii)refraining from behaviour likely to hinder his or her recovery;<\/p>\n<p>(iv)being available to meet with an officer of the Minister or a medical assessor regarding his or her claim for illness benefit.<\/p>\n<p>(1A)Subject to subsection (1B), a person in receipt of or entitled to illness benefit shall not engage in work.<\/p>\n<p>(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.<\/p>\n<p>(2)Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of 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.<\/p>\n<p>(3)Regulations may also provide for disqualifying a person for the receipt of 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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19833\" data-postid=\"19833\" class=\"themify_builder_content themify_builder_content-19833 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Illness Benefit The payments formerly known as disability and sickness benefit are now known as illness benefit. Illness benefit is payable to a person under 66 for days missed from employment, due to incapacity. Certain conditions apply. A day of incapacity is a day in which the person is incapable of work. The benefit is [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[290],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19833"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19833"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19833\/revisions"}],"predecessor-version":[{"id":34971,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19833\/revisions\/34971"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}