2 1982

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Number 2 of 1982


SOCIAL WELFARE ACT, 1982


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Social insurance benefits (new rates).

3.

Social assistance payments and children's allowances (new rates).

4.

Revised method of calculating certain pensions and allowances.

5.

Pay-related social insurance contributions (new rates).

6.

Amendment of Rule 1 (4) of Third Schedule to Principal Act (rules as to calculation of means).

7.

Increase for certain invalidity pensioners.

8.

Amendment of section 136 (3) of Principal Act (unemployment assistance qualification certificates).

9.

Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).

10.

Miscellaneous amendments of Principal Act.

11.

Short title, construction and collective citation.

SCHEDULE A

SCHEDULE B


Acts Referred to

Social Welfare (Amendment) Act, 1981

1981, No. 3

Social Welfare (Consolidation) Act, 1981

1981, No. 1

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Number 2 of 1982


SOCIAL WELFARE ACT, 1982


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 . [29th March, 1982].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1. —In this Act—

the Amendment Act of 1981” means the Social Welfare (Amendment) Act, 1981 ;

the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .

Social insurance benefits (new rates).

2. —(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 (S.I. No. 312 of 1981)) is hereby amended by the substitution for the Second Schedule to that Act of the Schedule set out in Schedule A to this Act.

(2) Section 21 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of disability benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(3) Section 32 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of unemployment benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(4) Section 44 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of injury benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(5) Section 50 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (9):

“(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who—

(a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or

(b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or

(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased.”.

(6) Section 81 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of old age (contributory) pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(7) Section 86 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of retirement pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(8) Section 91 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The weekly rate of invalidity pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(9) Section 95 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The weekly rate of widow's (contributory) pension shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(10) Section 103 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The weekly rate of deserted wife's benefit shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(11) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 5th day of April, 1982,

(b) in so far as it relates to deserted wife's benefit, invalidity pension, retirement pension and death grant, on the 1st day of April, 1982, and

(c) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 2nd day of April, 1982.

Social assistance payments and children's allowances (new rates).

3. —(1) The Principal Act (as amended by the Amendment Act of 1981 and varied by the Social Welfare (Variation of Rates of Payments) Regulations, 1981 (S.I. No. 312 of 1981)) is hereby amended by the substitution for the Fourth Schedule to that Act of the Schedule set out in Schedule B to this Act.

(2) Section 139 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the applicant or recipient.”.

(3) Section 161 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child.”.

(4) Section 178 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The rate (in this section referred to as the scheduled rate) of widow's (non-contributory) pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each qualified child who normally resides with the widow.”.

(5) Section 208 of the Principal Act is hereby amended—

(a) by the substitution of the following paragraph for paragraph (b) of subsection (1):

“(b) the appropriate amount set out in column (4), (4a), (5) or (5a) of that Part in respect of each child dependant.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) For the purposes of this section, the definition of adult dependant in section 2(1) and columns (4), (4a), (5) and (5a) of Part I of the Fourth Schedule shall be construed as if 'child dependant' and 'child dependants' were substituted for 'qualified child' and 'qualified children' respectively.”.

(6) Section 225 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Subject to this Part and the regulations thereunder, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of each of the first five qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of five.”.

(7) This section shall come into operation—

(a) in so far as it relates to unemployment assistance, on the 31st day of March, 1982,

(b) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 2nd day of April, 1982,

(c) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, single woman's allowance, and children's allowances, on the 1st day of April, 1982, and

(d) in so far as it relates to supplementary welfare allowance, on the 5th day of April, 1982.

Revised method of calculating certain pensions and allowances.

4. —(1) Sections 161 (2) and 178 (2) of the Principal Act are hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) where 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.”.

(2) Section 183 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) where his weekly means exceed £1, that rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £1, 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.”.

(3) Section 198 (2) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) where her weekly means exceed £1, at that rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £1, 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 allowance would be payable is less than £2, the allowance shall not be payable.”.

(4) This section shall come into operation—

(a) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension on the 2nd day of April, 1982, and

(b) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 1st day of April, 1982.

Pay-related social insurance contributions (new rates).

5. —(1) Section 10 (1) of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution of the following paragraphs for paragraphs (b) and (c):

“(b) Subject to paragraphs (c) and (d) of this subsection, to subsection (7) and to regulations under section 7, where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising—

(i) a contribution by the employed contributor at the rate of 5.5 per cent., and

(ii) a contribution by his employer at the rate of 11.3 per cent.,

of the amount of the reckonable earnings to which such payment relates.

(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £9,500 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.

(2) Section 11 (1) of the Principal Act (as amended by the Amendment Act of 1981) is hereby amended by the substitution of the following paragraph for paragraph (b):

“(b) A percentage rate for the purpose of paragraph (a) (i) shall be—

(i) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, 2.6 per cent.,

(ii) in the case of a voluntary contributor who, immediately before ceasing to be an employed contributor, was employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension, 6.6 per cent., and

(iii) in the case of a person to whom subsection (2) applies and who, by virtue of compliance with that subsection, continues to be a voluntary contributor, 4.0 per cent.”.

(3) This section shall come into operation on the 6th day of April, 1982.

Amendment of Rule 1(4) of Third Schedule to Principal Act (rules as to calculation of means).

6. —Rule 1(4) of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (i):

“(i) in the case of a person who is not a blind person, and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 (or for the purposes of widow's (non-contributory) pension, £312) for each such child.”.

Increase for certain invalidity pensioners.

7. —(1) Section 91 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (3):

“(3) The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require fulltime care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.”.

(2) This section shall come into operation on the 1st day of April, 1982.

Amendment of Section 136 (3) of Principal Act (unemployment assistance qualification certificates).

8. —Section 136(3) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (d):

“(d) in the case of a married woman either—

(i) that her husband is a dependant of her,

or

(ii) that she is not a dependant of her husband.”.

Amendment of section 308 of Principal Act (temporary increases of rates of benefit or assistance).

9. —Section 308 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations increase temporarily or vary all or any of the rates of benefit, allowance, pension or assistance.”.

Miscellaneous amendments of Principal Act.

10. —Each provision of the Principal Act mentioned in column (1) of the Table to this section is hereby amended in the manner stated in column (2) of that Table opposite the mention of that provision in column (1).

TABLE

Provision Amended

Nature of Amendment

(1)

(2)

Section 2 (1)

The substitution in the definition of “adult dependant” of the following paragraph for paragraph (c):

“(c) a female person over the age of 16 years being wholly or mainly maintained by that person and having the care of one or more than one qualified child who normally resides with that person where that person is—

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;”

Section 3 (4) (a)

The deletion of “16,”.

Section 132 (3)

The substitution of “section 15” for “section 14”.

Short title, construction and collective citation.

11. —(1) This Act may be cited as the Social Welfare Act, 1982.

(2) The Principal Act and this Act shall be construed as one.

(3) The Principal Act, the Amendment Act of 1981 and this Act may be cited together as the Social Welfare Acts, 1981 and 1982.

SCHEDULE A

Section 2 .

Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

[1952, Sch. 3]

PART II

Occupational Injuries Benefits—Gratuities and Grant

£

Section 43 (7) (a)

1. Disablement Benefit:

Maximum gratuity in the case of person :—

(i) aged under 66

3,285

(ii) aged over 66

3,355

2. Death Benefit:

Section 50 (7)

(i) Widower's gratuity in the case of person :—

(a) aged under 66

2,395

(b) aged over 66

2,445

Section 53 (2)

(ii) Grant in respect of funeral expenses

220

PART III

Disablement Pension

Section 43 (8).

Degree of disablement

Weekly rate (persons over the age of 18 years)

Weekly rate (persons under the age of 18 years and certain married women)

(1)

(2)

(3)

Persons under the age of 66 years

Persons over the age of 66 years

Persons under the age of 18 years and certain married women under the age of 66 years

Certain married women over the age of 66 years

£

£

£

£

100 per cent

47.40

48.40

37.50

38.30

90

42.66

43.56

33.75

34.47

80

37.92

38.72

30.00

30.64

70

33.18

33.88

26.25

26.81

60

28.44

29.04

22.50

22.98

50

23.70

24.20

18.75

19.15

40

18.96

19.36

15.00

15.32

30

14.22

14.52

11.25

11.49

20

9.48

9.68

7.50

7.66

PART IV

Increases of Disablement Pension

Sections 45 and 46.

£

1. Increase where the person is permanently incapable of work:

(a) in the case of persons over the age of 18 years—

(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband, where the person is—

(a) aged under 66

31.65

(b) aged over 66

32.25

(ii) for any other married women—

(a) aged under 66

27.80

(b) aged over 66

28.40

(b) in the case of person under the age of 18 years—

(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant

31.65

(ii) where the person is not so entitled

27.80

2. Increase where the beneficiary requires constant attendance:

(a) limit of increase except in cases of exceptionally severe disablement where the person is—

(i) aged under 66

18.95

(ii) aged over 66

19.30

(b) limit in any case where the person is—

(i) aged under 66

37.90

(ii) aged over 66

38.65

PART V

Reduced Rates of Injury Benefit and Disablement Pension

Section 56.

£

(a) In the case of persons over the age of 18 years—

(i) for a man, single women or widow, married women living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband where the person is—

(a) aged under 66

9.48

(b) aged over 66

9.68

(ii) for any other married women—

(a) aged under 66

7.50

(b) aged over 66

7.66

(b) In the case of persons under the age of 18 years—

(i) where the person is entitled to an increase for a qualified child or for an adult dependant or, if a disablement pension is payable would be so entitled if injury benefit rather than disablement pension was payable

9.48

(ii) where the person, is not, or would not be, so entitled

7.50

PART VI

[1978, s. 14(3); 1980, s. 15]

Amounts of Maternity and Death Grants

Description of grant

Amount

(1)

(2)

£

1. Maternity Grant

8

Sections 106 and 109.

2. Death Grant:

(a) in case the deceased person was a qualified child under the age of 5 years

20

(b) in case the deceased person was any other qualified child

60

(c) in any other case

100

SCHEDULE B

Section 3 .

[1980, s. 2]

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance, pension or allowance

Weekly rate or amount

Increase for adult dependant (where payable)

Increase for first qualified child (where payable)

Increase for second qualified child (where payable)

Increase for each of third, fourth and fifth qualified children (where payable)

Increase for each qualified child in excess of five (where payable)

Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable)

Increase where the person has attained pensionable age and is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(4a)

(5)

(5a)

(6)

(7)

(8)

£

£

£

£

£

£

£

£

£

Section 139.

1. Unemployment Assistance:

A. persons other than those at B:

(1) in the case of persons other than those at (2)

(i) for persons resident in any urban area

26.25

18.95

6.55

7.45

5.80

4.65

(ii) for persons resident in any other place

25.45

18.50

6.55

7.45

5.80

4.65

(2) in the case of person for whom the yearly advantage from land is calculated in accordance with paragraph (a), (b) or (c) of section 147 (1)

(a) where the rateable valuation of the land does not exceed £10—

(i) for persons in any urban area

21.90

15.75

5.40

6.25

4.80

3.85

(ii) for persons resident in any other place

21.20

15.40

5.40

6.25

4.80

3.85

(b) where the rateable valuation of the land exceeds £10 but does not exceed £15—

(i) for persons resident in any urban area

18.55

13.20

4.25

5.15

4.15

3.30

(ii) for persons resident in any other place

17.80

13.05

4.25

5.15

4.15

3.30

(c) where the rateable valuation of the land exceeds £15 but does not exceed £20—

(i) for persons resident in any urban area

15.50

11.05

3.50

4.40

3.50

2.80

(ii) for persons resident in any other place

15.00

10.90

3.50

4.40

3.50

2.80

B. Persons without an adult dependant and with one or more qualified children:

(1) in the case of persons other than those at (2)

(i) for persons resident in any urban area

26.55

6.55

7.45

5.80

4.65

(ii) for persons resident in any other place

25.80

6.55

7.45

5.80

4.65

(2) in the case of person for whom the yearly advantage from land is calculated in accordance with paragraph (a), (b) or (c) of section 147 (1)

(a) where the rateable value of the land does not exceed £10—

(i) for persons resident in any urban area

22.15

5.40

6.25

4.80

3.85

(ii) for persons resident in any other place

21.50

5.40

6.25

4.80

3.85

(b) where the rateble valuation of the land exceeds £10 but does not exceed £15—

(i) for persons resident in any urban area

18.80

4.25

5.15

4.15

3.30

(ii) for persons resident in any other place

18.05

4.25

5.15

4.15

3.30

(c) where the rateable valuation of the land exceeds £15 but does not exceed £20—

(i) for persons resident in any urban area

15.80

3.50

4.40

3.50

2.80

(ii) for persons resident in any other place

15.20

3.50

4.40

3.50

2.80

Sections 161 and 162.

2. Old Age Pension and Blind Pension

34.45

7.30

8.20

6.40

5.10

19.30

2.70

2.50

Sections 178 and 179, 195(2), 196(2) and 197(2).

3. Widow's (Non-Contributory) Pension, Deserted Wife's Allowance and Social Assistance Allowance for persons—

(a) aged under 66

33.80

8.80

9.70

9.70

8.30

(b) aged over 66

34.45

9.00

9.90

9.90

8.50

19.30

2.70

2.50

Sections 183.

4. Orphan's (Non-Contributory) Pension

19.20

5. Single Woman's Allowance

29.50

Section 198 (2).

6. Supplementary Welfare Allowance:

Section 208.

(a) Persons other than those at (b)

25.45

18.50

6.55

7.45

5.80

4.65

(b) Persons without an adult dependant and with one or more child dependants

25.80

6.55

7.45

5.80

4.65

PART III

Increase of Old Age Pension for a Spouse

Section 162 (1) (d).

Means of claimant or pensioner

Weekly rate of increase

£

Where the weekly means of the claimant or pensioner do not exceed £6

17.30

exceed £6 but do not exceed £8

16.30

exceed £8 but do not exceed £10

15.30

exceed £10 but do not exceed £12

14.30

exceed £12 but do not exceed £14

13.30

exceed £14 but do not exceed £16

12.30

exceed £16 but do not exceed £18

11.30

exceed £18 but do not exceed £20

10.30

exceed £20 but do not exceed £22

9.30

exceed £22 but do not exceed £24

8.30

exceed £24 but do not exceed £26

7.30

exceed £26 but do not exceed £28

6.30

exceed £28 but do not exceed £30

5.30

exceed £30 but do not exceed £32

4.30

exceed £32 but do not exceed £34

3.30

exceed £34 but do not exceed £36

2.30

exceed £36 but do not exceed £38

1.30

exceed £38

Nil

PART IV

Amounts of Children's Allowances

Section 225.

Amount for each of first five children

Amount for each child in excess of five

(1)

(2)

£11.25

£17.50