{"id":19835,"date":"2022-10-31T21:03:33","date_gmt":"2022-10-31T21:03:33","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19835"},"modified":"2024-04-07T22:01:28","modified_gmt":"2024-04-07T22:01:28","slug":"disability-benefits","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/disability-benefits\/","title":{"rendered":"Invalidity Pension"},"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\/disability-benefits\/#Invalidity_Pension\" title=\"Invalidity Pension\">Invalidity Pension<\/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\/disability-benefits\/#Permanent_Incapacity\" title=\"Permanent Incapacity\">Permanent Incapacity<\/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\/disability-benefits\/#Review_Examination\" title=\"Review &amp; Examination\">Review &amp; Examination<\/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\/disability-benefits\/#Disqualifications\" title=\"Disqualifications\">Disqualifications<\/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\/disability-benefits\/#Illness_to_Incapacity\" title=\"Illness to Incapacity\">Illness to Incapacity<\/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\/disability-benefits\/#Financial_Crisis_Limits\" title=\"Financial Crisis Limits\">Financial Crisis Limits<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/disability-benefits\/2\/#SWCA_ACT_2005\" title=\"SWCA ACT 2005\">SWCA ACT 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-8\" href=\"https:\/\/legalblog.ie\/disability-benefits\/2\/#Invalidity_Pension_ss_118-122\" title=\"Invalidity Pension (ss. 118-122)\">Invalidity Pension (ss. 118-122)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/disability-benefits\/2\/#Entitlement_to_pension\" title=\"Entitlement to pension.\">Entitlement to pension.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/disability-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-11\" href=\"https:\/\/legalblog.ie\/disability-benefits\/2\/#Contributions_paid_under_the_National_Health_Insurance_Acts\" title=\"Contributions paid under the National Health Insurance Acts.\">Contributions paid under the National Health Insurance Acts.<\/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\/disability-benefits\/2\/#Rate_of_pension\" title=\"Rate of pension.\">Rate of pension.<\/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\/disability-benefits\/2\/#Increases_including_increases_for_qualified_adult_and_qualified_children\" title=\"Increases (including increases for qualified adult and qualified children).\">Increases (including increases for qualified adult and qualified children).<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Invalidity_Pension\"><\/span>Invalidity Pension<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An invalidity pension is paid to a person who is incapable of work due to a long-term illness or disability. In order to qualify, a person must be permanently incapable of work and satisfy the contribution conditions. The definition of incapable of work is similar to that for illness benefit.<\/p>\n<p>The contribution conditions for an invalidity pension are:<\/p>\n<ul>\n<li>at least 260 contributions since the commencement of employment;<\/li>\n<li>At least 48 paid or credited in the last year of contributions before the commencement of incapacity.<\/li>\n<\/ul>\n<p>The pension is a flat rate payment with increases for dependent spouses and children. A person in receipt of invalidity pension may qualify for household benefits. A greater range of benefits are payable with invalidity pension relative to illness benefits.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Permanent_Incapacity\"><\/span>Permanent Incapacity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is regarded as permanently incapable of work if<\/p>\n<ul>\n<li>he has been continuously incapable of work for a period of one year and is shown to the satisfaction of the deciding officer or appeals officer that he is likely to continue to be incapable of work for at least one \u00a0year or<\/li>\n<li>\u00a0he is incapable of work and evidence is offered to establish to the satisfaction of the deciding officer or appeals officer that the incapacity is of such a nature that the likelihood is that the person will be incapable of work for life.<\/li>\n<\/ul>\n<p>To be permanently incapable of work, the person must at the relevant date have been continuously incapable of work for at least a year and show to the satisfaction of the Department officers, that he is likely to continue to be incapable of work for at least a further \u00a0year or be incapable of work and evidence proves to the satisfaction of the Department, that the \u00a0incapacity is of a nature that the likelihood is that \u00a0the person will be incapable of working for life.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Review_Examination\"><\/span>Review &amp; Examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Invalidity pension may be payable up to retirement age, subject to complying with the ongoing requirements.The matter may be reviewed. The applicant is like to be examine by a doctor under the auspices of the Department. The doctor will make a recommendation and the Department will base its decision on the evidence.<\/p>\n<p>A person in receipt of invalidity pension may be required to submit to and attend medical examination and treatment, comply with instructions relating to incapacity issued by a registered medical practitioner, refrain from behaviour likely to hinder his recovery, be available to meet with officers of the Minister regarding his claim.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualifications\"><\/span>Disqualifications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person might be disqualified from invalidity pension if he fails, without good cause<\/p>\n<ul>\n<li>to comply with certain conditions including in particular,<\/li>\n<li>failing to submit to medical examination or treatment:<\/li>\n<li>failure to comply with doctor\u2019s instruction;<\/li>\n<li>refraining from behavior which hinders recovery,<\/li>\n<li>failure to meet Department officials and officers.<\/li>\n<\/ul>\n<p>A person receiving an invalidity pension may not generally work. He may with the consent of the Department for a specified time \u00a0undertake certain types of work or training including worker training with a view to taking up another occupation, or light work for which no payment \u00a0is normally made or rehabilitative \/ occupational therapy type work.<\/p>\n<p>A person may cease to be deemed to be incapable of working for life, if it is shown that he is no longer so incapable.<\/p>\n<p>A person is disqualified, if he is undergoing legal, lawful imprisonment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Illness_to_Incapacity\"><\/span>Illness to Incapacity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may move to invalidity pension from illness benefit, theoretically after a year, but in practice, generally later. A claim can be made at any time.<\/p>\n<p>A medical referee who is dealing a claim for illness benefit who considers that the person may qualify for an invalidity pension may recommend that the person be transferred to an invalidity pension. The Department notifies the individual concerned, who may make a claim for invalidity pension, accordingly.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Crisis_Limits\"><\/span>Financial Crisis Limits<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2011 Act provides for discontinuing the entitlement to the payment of a half-rate qualified child increase where the spouse, civil partner or cohabitant of the beneficiary has weekly income in excess of a prescribed amount (i.e. \u20ac400) in the case of new claimants for Carer\u2019s Benefit, State Pension (Contributory), State Pension (Transition) and Invalidity Pension, with effect from the beginning of July 2012.<\/p>\n<p>It \u00a0also extended the reference to the \u2018\u2018spouse\u2019\u2019 of the beneficiary, in the case of similar provisions applying to the Incapacity Supplement scheme, to include a reference also to the \u2018\u2018civil partner or cohabitant\u2019\u2019 of the beneficiary.<\/p>\n<p><!--nextpage--><\/p>\n<h2>SWCA ACT 2005<\/h2>\n<p>Chapter 17<\/p>\n<h4>Invalidity Pension (ss. 118-122)<\/h4>\n<p>118.<\/p>\n<h4>Entitlement to pension.<\/h4>\n<p>(1)Subject to this Act, a person shall be entitled to invalidity pension where he or she &#8211;<\/p>\n<p>(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,<\/p>\n<p>(aa)would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and<\/p>\n<p>(b)satisfies the contribution conditions in section 119.<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>(a)attending for or submitting to any medical or other examination or treatment;<\/p>\n<p>(b)complying with instructions relating to his or her incapacity issued by a registered medical practitioner;<\/p>\n<p>(c)refraining from behaviour likely to hinder his or her recovery;<\/p>\n<p>(d)being available to meet with an officer of the Minister or a medical assessor regarding his or her claim for invalidity pension.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>119.<\/p>\n<h4>Conditions for receipt.<\/h4>\n<p>(1)The contribution conditions for invalidity pension are that before the relevant date the claimant has &#8211;<\/p>\n<p>(a)qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance, and<\/p>\n<p>(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.<\/p>\n<p>(2)In this section &#8220;relevant date&#8221; means &#8211;<br \/>\n(a)any date after the completion of one year of continuous incapacity for work, or<br \/>\n(b)any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed,<br \/>\nwhere 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.<\/p>\n<p>(3)In the case of a person who is in receipt of invalidity pension where &#8211;<\/p>\n<p>(a)the period of entitlement to invalidity pension began before 6 April 1987, or<\/p>\n<p>(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,<\/p>\n<p>subsection (1)(a) shall be read as if &#8220;156&#8221; were substituted for &#8220;260&#8221;.<\/p>\n<p>(4)In the case of a person who is in receipt of invalidity pension where &#8211;<\/p>\n<p>(a)the period of entitlement to invalidity pension began on or after 6 April 1987 and before 4 January 1988, or<\/p>\n<p>(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,<\/p>\n<p>subsection (1)(a) shall be read as if &#8220;208&#8221; were substituted for &#8220;260&#8221;.<\/p>\n<p>(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.<\/p>\n<p>(6)Regulations may provide for modifications of the contribution conditions set out in subsection (1).<\/p>\n<p>120.<\/p>\n<h4>Contributions paid under the National Health Insurance Acts.<\/h4>\n<p>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.<\/p>\n<p>121.<\/p>\n<h4>Rate of pension.<\/h4>\n<p>Subject to this Part, the weekly rate of invalidity pension shall be as set out in column (2) of Part 1 of Schedule 2.<\/p>\n<p>122.<\/p>\n<h4>Increases (including increases for qualified adult and qualified children).<\/h4>\n<p>(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.<\/p>\n<p>(2)The weekly rate of invalidity pension 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 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.<\/p>\n<p>(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.<\/p>\n<p>(3B)Subsection (3A) shall not apply in the case of any claim for invalidity pension which is made before 5 July 2012.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19835\" data-postid=\"19835\" class=\"themify_builder_content themify_builder_content-19835 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Invalidity Pension An invalidity pension is paid to a person who is incapable of work due to a long-term illness or disability. In order to qualify, a person must be permanently incapable of work and satisfy the contribution conditions. The definition of incapable of work is similar to that for illness benefit. The contribution conditions [&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\/19835"}],"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=19835"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19835\/revisions"}],"predecessor-version":[{"id":34993,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19835\/revisions\/34993"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19835"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19835"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19835"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}