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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 4

Old Age (Non-Contributory) Pension

Interpretation.

[1981, s. 157]

132.—In this Chapter—

spouse” means, subject to section 3(12), each person of a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife;

weekly means” shall be the yearly means divided by 52.

Entitlement to pension.

[1981, s. 158(1); 1993, s. 38(5)]

133.—Subject to this Act, every person in whose case the conditions laid down by this Chapter for the receipt of an old age (non-contributory) pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.

Statutory conditions.

[1981, s. 159(1); 1984, s. 22]

134.—The statutory conditions for the receipt of an old age (non-contributory) pension by any person are—

(a) the person must have attained pensionable age; and

(b) the means of the person as calculated in accordance with the Rules contained in Part II of the Third Schedule do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 136.

Special conditions for receipt of pension.

[1981, s. 160]

135.—Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 87(1) and would but for section 139 be qualified for the receipt of an old age (non-contributory) pension—

(a) the person may, notwithstanding anything contained in the said section 139, be paid the old age (non-contributory) pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the old age (non-contributory) pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

Rate of pension and increases for child dependants.

[1990, s. 6(2)]

136.—(1) The rate (in this Chapter referred to as “the scheduled rate”) of old age (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

[1981, s. 161(2); 1982, s. 4(1)]

(2) The pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.

Increases (including increase for one of a couple).

[1981, s. 162(1); 1985 (No. 2), s. 15; 1992, s. 17(b)]

137.—The weekly rate of old age (non-contributory) pension payable in accordance with section 136 shall be increased—

(a) by the amount calculated in accordance with Part II of the Fourth Schedule where the beneficiary is living with, or is wholly or mainly maintaining, his spouse and the spouse is not in receipt of any benefit, pension, assistance or allowance under Part II or this Part, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and

(c) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.

Amount of increases payable in respect of qualified child normally resident with beneficiary.

[1985 (No. 2), s. 14]

138.—The increase payable pursuant to subsection (1) of section 136 in respect of a qualified child who normally resides with the beneficiary and the spouse of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act or to disabled person's maintenance allowance.

Disqualifications.

[1981, s. 163(4)]

139.—(1) Except as provided in section 135, receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age (non-contributory) pension.

[1981, s. 163(5)]

(2) A person to whom benefit under section 92 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the said benefit under the said section 92 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age (non-contributory) pension.

[1981, s. 163(6)]

(3) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 135, be disqualified for receiving old age (non-contributory) pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

Pensions of persons in certain mental institutions.

[1981, s. 171(1)]

140.—(1) Subject to subsection (2), the whole of any amounts payable on foot of old age (non-contributory) pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 , or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

[1981, s. 171(2)]

(2) Where the old age (non-contributory) pension of a person is appropriated under subsection (1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—

(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.