92BWeekly pensions for dependants of worker who dies

92B Weekly pensions for dependants of worker who dies S. 92B(1) amended by No. 10/2022 s. 4(1). (1) Subject to subsection (1A), words and expressions defined in section 92A have the same meaning in this section as in that section. S. 92B(1A) inserted by No. 10/2022 s. 4(2), amended by No. 41/2025 s. 3(Sch. 1 item 2). (1A) In this section, ***child*** includes a person who is 16 years or more but under the age of 25 years if the person has a disability within the meaning of section 3(1) of the **Disability Act 2006**. (2) In addition to compensation under section 92A, compensation in the form of weekly payments of pension is payable subject to and in accordance with this section. S. 92B(3) amended by No. 27/2001 s. 4(Sch. 2 item 1.5(a)). (3) If the worker leaves one, and only one, dependent partner, the partner is entitled to a weekly pension at the rate of— (a) during the first 13 weeks after death— S. 92B(3)(a)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (b) from the end of the first 13 weeks after the death until the end of 3 years after the death— S. 92B(3)(b)(i) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre‑injury average weekly earnings or twice the State average weekly earnings, whichever is the lesser; or S. 92B(3)(b)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1), 27/2025 s. 54(1)(a). (ii) if the worker leaves not more than 4 dependent children who are entitled to a pension under this section and subsection (11) applies, an amount calculated in accordance with the formula— N is the number of dependent children so entitled; or S. 92B(3)(b)(iii) amended by Nos 102/2004 s. 38(1)(j), 9/2010 s. 39(2), 27/2025 s. 54(1)(b). (iii) if the worker leaves more than 4 dependent children who are entitled to a pension under this section and subsection (11) applies, 50 per cent of twice the State average weekly earnings. S. 92B(4) amended by No. 27/2001 s. 4(Sch. 2 item 1.5(b)). (4) If the worker leaves 2 or more dependent partners, each partner is entitled to a weekly pension at the rate of an equal of share of— (a) during the first 13 weeks after death— S. 92B(4)(a)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (b) from the end of the first 13 weeks after the death until the end of 3 years after the death— S. 92B(4)(b)(i) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre-injury average weekly earnings or twice the State average weekly earnings, whichever is the lesser; or S. 92B(4)(b)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1), 27/2025 s. 54(2)(a). (ii) if the worker leaves not more than 4 dependent children who are entitled to a pension under this section and subsection (11) applies, an amount calculated in accordance with the formula— N is the number of dependent children so entitled; or S. 92B(4)(b)(iii) amended by Nos 102/2004 s. 38(1)(j), 9/2010 s. 39(2), 27/2025 s. 54(2)(b). (iii) if the worker leaves more than 4 dependent children who are entitled to a pension under this section and subsection (11) applies, 50 per cent of twice the State average weekly earnings. (5) If the worker leaves no dependent child other than one, and only one, orphan child, the orphan child is entitled, subject to this section, to a weekly pension at the rate of— (a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs— S. 92B(5)(a)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible— (i) 50 per cent of the worker's pre-injury average weekly earnings; or S. 92B(5)(b)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (6) If the worker leaves no dependent children other than 2 or more orphan children, each such child is entitled, subject to this section, to a weekly pension at the rate of an equal share of— (a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs— S. 92B(6)(a)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible— (i) 50 per cent of the worker's pre-injury average weekly earnings; or S. 92B(6)(b)(ii) amended by No. 102/2004 s. 38(1)(i), 9/2010 s. 39(1). S. 92B(7) amended by No. 27/2025 s. 54(3)(a). (7) If the worker leaves not more than 4 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of— S. 92B(7)(a) amended by No. 27/2025 s. 54(3)(b). (a) unless subsection (11) applies, 12·5 per cent of the worker's pre-injury average weekly earnings; or S. 92B(7)(b) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1), 27/2025 s. 54(3)(c). (b) if subsection (11) applies, an amount calculated in accordance with the formula— N is the number of dependent children so entitled. S. 92B(8) amended by No. 27/2025 s. 54(4)(a). (8) If a worker leaves more than 4 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of an equal share of— S. 92B(8)(a) amended by No. 27/2025 s. 54(4)(b). (a) unless subsection (11) applies, 50 per cent of the worker's pre-injury average weekly earnings; or S. 92B(8)(b) amended by Nos 102/2004 s. 38(1)(k), 9/2010 s. 39(3), 27/2025 s. 54(4)(c). (b) if subsection (11) applies, 50 per cent of twice the State average weekly earnings. S. 92B(9) substituted by No. 9/2010 s. 70(1). (9) A child ceases to be eligible under this section— (a) on attaining the age of 16 years; or S. 92B(9)(ab) inserted by No. 10/2022 s. 4(3). (ab) if the child has a disability within the meaning of section 3(1) of the **Disability Act 2006**, on attaining the age of 25 years; or (b) if the child is a full-time student or a full‑time apprentice on attaining 16 years, whichever of the following occurs first— (i) on ceasing to be a full-time student or full-time apprentice; or (ii) the child attains the age of 25 years. S. 92B(9A) inserted by No. 9/2010 s. 70(1). (9A) For the purposes of subsection (9)(b)— (a) a child does not cease to be a full-time student or a full-time apprentice if that child ceases to be a student in order to become an apprentice; (b) a child does not cease to be a full-time student or a full-time apprentice if that child ceases to be an apprentice in order to become a student; (c) if a child attains the age of 25 years before ceasing to be a full-time student or full-time apprentice, the child remains eligible under this section until the end of the calendar year in which the child attains the age of 25. S. 92B(10) repealed by No. 9/2010 s. 70(2). S. 92B(11) amended by Nos 27/2001 s. 4(Sch. 2 item 1.5(c)), 102/2004 s. 38(1)(i), 9/2010 s. 39(1), substituted by No. 67/2013 s. 629(1). (11) The total amount of weekly pensions payable to the dependent partner, dependent partners and the dependent child or dependent children of a worker under— (a) subsections (3)(b) and (7) or (8); or (b) subsections (4)(b) and (7) or (8)— must not exceed twice the State average weekly earnings. S. 92B(12) inserted by No. 80/2010 s. 53(2), repealed by No. 67/2013 s. 629(2). S. 92C inserted by No. 107/1997