Number 12 of 1970
SOCIAL WELFARE ACT, 1970
ARRANGEMENT OF SECTIONS
Preliminary and General
Section | |
Death Grant, Invalidity Pension, Retirement Pension, Old Age (Care) Allowance and Deserted Wife's Allowance
MISCELLANEOUS
CONTRIBUTION CONDITIONS (DEATH GRANT, INVALIDITY PENSION, RETIREMENT PENSION)
Acts Referred to | |
1933, No. 46 | |
1935, No. 29 | |
1952, No. 11 | |
1960, No. 25 | |
1963, No. 26 | |
1964, No. 28 | |
1965, No. 20 | |
1966, No. 24 | |
1967, No. 18 | |
1968, No. 31 | |
1969, No 19 | |
1962, No. 17 | |
1924, No. 19 | |
1946, No. 8 | |
1966, No. 16 | |
Social Welfare (Modifications of Insurance) Regulations, 1956 | 1956, S.I. No. 236 |
1935, No. 38 | |
Number 12 of 1970
SOCIAL WELFARE ACT, 1970
PART I
Preliminary and General
Short title, construction and collective citation.
1.—(1) This Act may be cited as the Social Welfare Act, 1970.
(2) This Act—
(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1969, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1970,
(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1969, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1970,
(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1969, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1970,
(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1969, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Children's Allowances) Acts, 1944 to 1970,
(e) in so far as it amends and extends the Social Welfare Acts, 1952 to 1969, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1970.
Interpretation.
2.—In this Act—
“the Act of 1933” means the Unemployment Assistance Act, 1933;
“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935;
“the Act of 1952” means the Social Welfare Act, 1952;
“the Act of 1960” means the Social Welfare (Amendment) Act, 1960;
“the Act of 1963” means the Social Welfare (Miscellaneous Provisions) Act, 1963;
“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964;
“the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965;
“the Act of 1966” means the Social Welfare (Miscellaneous Provisions) Act, 1966;
“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967;
“the Act of 1968” means the Social Welfare (Miscellaneous Provisions) Act, 1968;
“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969.
PART II
Death Grant, Invalidity Pension, Retirement Pension, Old Age (Care) Allowance and Deserted Wife's Allowance.
Commencement of Part II.
3.—This Part of this Act shall come into operation on the 1st day of October, 1970.
Amendment of section 14 of Act of 1952 (descriptions and rates of benefit and contribution conditions).
4.—Section 14 of the Act of 1952 is hereby amended by the insertion of the following paragraphs after paragraph (h) (inserted by the Social Welfare (Occupational Injuries) Act, 1966) of subsection (1):
“(i) death grant,
(j) invalidity pension,
(k) retirement pension.”
Death grant.
5.—The following section is hereby inserted in the Act of 1952 as section 25B:
“Death Grant
25B. (1) Subject to the provisions of this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—
(a) an insured person,
(b) the wife or husband of an insured person,
(c) the widow or widower of a deceased insured person, or
(d) a qualified child,
if the relevant contribution conditions are satisfied, but only one death grant shall be paid by virtue of this section on any one death.
(2) For the purposes of this section, item 3 of Part II of the Third Schedule to this Act and paragraph 7 of the Fourth Schedule thereto ‘qualified child’ means a person—
(a) who is under the age of eighteen at the date of death,
(b) who is ordinarily resident in the State on that date, and
(c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.”
Invalidity pension.
6.—The following section is hereby inserted in the Act of 1952 as section 25C:
“Invalidity Pension
25C. (1) Subject to the provisions of this Act, a person shall be entitled to invalidity pension if—
(a) he is permanently incapable of work, and
(b) he satisfies the relevant contribution conditions.
(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.
(3) Regulations may provide for disqualifying a person for receiving invalidity pension if he fails without good cause to observe any prescribed rules of behaviour.”
Retirement pension.
7.—The following section is hereby inserted in the Act of 1952 as section 25D:
“Retirement Pension
25D. (1) Subject to the provisions of this Act, a person who has attained the age of sixty-five years shall be entitled to retirement pension for any period of retirement if he satisfies the relevant contribution conditions.
(2) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.”
Amendment of section 26 of Act of 1952 (increase of benefit for adult dependants).
8.—Section 26 of the Act of 1952 is hereby amended by the insertion after subsection (4) (inserted by the Act of 1968) of the following subsections:
“(5) The weekly rate of invalidity pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for—
(a) any period during which—
(i) the beneficiary is living with or wholly or mainly maintaining his wife, or
(ii) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or
(b) any period during which the beneficiary, being a single man or a widower, is wholly or mainly maintaining a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him,
subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension in respect of more than one person specified in paragraph (b) of this subsection.
(6) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Third Schedule to this Act for any period during which—
(a) the beneficiary is living with or wholly or mainly maintaining his wife, or
(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.”
Amendment of section 27 (1) of Act of 1952 (increase of benefit—qualified children).
9.—Section 27 (1) of the Act of 1952 is hereby amended by the insertion after “old age (contributory) pension” (inserted by the Act of 1964) of “or invalidity pension or retirement pension”.
Partial satisfaction of contribution conditions (death grant and retirement pension).
10.—The following section is hereby inserted in the Act of 1952 after section 28A (inserted by the Act of 1960):
“28B. (1) Subject to the provisions of the next subsection, regulations made with the sanction of the Minister for Finance may provide for entitling to death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subparagraph (b) of paragraph 7 of the Fourth Schedule to this Act is not satisfied.
(2) Regulations for the purposes of the foregoing subsection shall provide that death grant payable by virtue thereof shall be of an amount less than that specified in the Third Schedule to this Act, and the amount specified by the regulations may vary with the extent to which the relevant contribution condition is satisfied.
(3) Subject to the provisions of the next subsection, regulations made with the sanction of the Minister for Finance may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the average number of contributions paid or credited per contribution year.
(4) Regulations for the purposes of the foregoing subsection shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rate specified by the regulations may vary with the extent to which the relevant contribution conditions are satisfied, but any increase of that pension payable under section 26 (6) (in respect of an adult dependant) or section 27 (1) (in respect of a qualified child) of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”
Amendment of section 30 of Act of 1952 (disqualifications arising for woman on her marriage).
11.—Section 30 of the Act of 1952 is hereby amended by the insertion of “, invalidity pension” after “unemployment benefit”.
Amendment of section 31 of Act of 1952 (absence from the State or imprisonment).
12.—Section 31 of the Act of 1952 is hereby amended by the addition of the following subsection :
“(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 25D of this Act as periods of retirement.”
Amendment of section 32 of Act of 1952 (overlapping benefits, etc.).
13.—Section 32 of the Act of 1952 is hereby amended by the insertion of “or invalidity pension” after “disability benefit” in both subsection (4) and subsection (5) (a).
Amendment of section 37 (1) of Act of 1952 (special provisions for voluntary contributors).
14.—Section 37 (1) of the Act of 1952 is hereby amended by the insertion of “, invalidity pension” after “maternity benefit” and of “, retirement pension or death grant” after “old age (contributory) pension” (inserted by the Act of 1960).
Amendment of section 47 (2) (b) of Act of 1952 (administration of benefit).
15.—Section 47 (2) (b) of the Act of 1952 is hereby amended by the insertion of “invalidity pension, retirement pension,” before “old age (contributory) pension” (inserted by the Act of 1960).
Transitional provisions in relation to invalidity pension, retirement pension and death grant.
16.—The following section is hereby inserted in the Act of 1952 after section 66A (inserted by the Act of 1960) :
“66B. (1) 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 such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for invalidity pension or retirement pension.
(2) Regulations may provide for modifications of the contribution conditions for death grant in the case of a person who is an insured person at the commencement of section 5 of the Social Welfare Act, 1970, and who during the year subsequent to such commencement is absent from the State for any period or is credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 6 (2) (b) of this Act.
(3) Regulations under this section shall be subject to the sanction of the Minister for Finance.”
Amendment of Third Schedule to Act of 1952 (rate or amount of benefit).
17.—The Third Schedule to the Act of 1952 is hereby amended by the addition to Part II (inserted by the Act of 1965) of the following item:
“3. Death Grant:
(a) in case the deceased person was a qualified child under the age of five years | 5 |
(b) in case the deceased person was any other qualified child | 15 |
(c) in any other case | 25” |
Amendment of Fourth Schedule to Act of 1952 (contribution conditions).
18.—The Fourth Schedule to the Act of 1952 is hereby amended by the addition thereto of the paragraphs set out in the Schedule to this Act.
Amendment of section 9 of Act of 1952 (return of sums paid in error by way of contributions).
19.—Section 9 of the Act of 1952 is hereby amended by the insertion of the following subsection after subsection (2) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962):
“(3) Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of so much of any contribution paid by an employed contributor or a voluntary contributor who entered into insurance for the purposes of paragraph 9 of the Fourth Schedule to this Act after he had attained the age of fifty-five years as is determined in accordance with the regulation ions to have been paid in respect of retirement pension.”
Amendment of Social Welfare (Occupational Injuries) Act, 1966.
20.—(1) Section 25 (2) of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by the insertion of the following paragraphs after paragraph (c):
“(d) invalidity pension,
(e) retirement pension,”
(2) Section 36 (4) of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by the insertion of “and (i) to (k)” after “paragraphs (a) to (g)”.
(3) Section 37 (2) (b) of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by the insertion of “or invalidity pension” after “disability benefit” in both subparagraph (i) and subparagraph (ii).
Old age (care) allowance.
21.—(1) An allowance (in this section referred to as an old age (care) allowance) at the rate of £2 15s. 0d. per week shall be paid out of moneys provided by the Oireachtas to a person who has attained the age of seventy years in respect of any period during which—
(a) such person is so incapacitated as to require full-time care and attention,
(b) there is residing with such person for the purpose of providing that care and attention a female relative of such person (being a relative specified for the purposes of this subsection by regulations),
(c) such conditions as may be specified for the purposes of this subsection by regulations are fulfilled, and
(d) the yearly means of such person calculated in accordance with the Rules for the Calculation of Means in the Seventh Schedule to the Act of 1952, applicable in the case of a claimant to pension under the Old Age Pensions Acts, 1908 to 1970, do not exceed £299 15s.
(2) The Minister may make regulations with respect to old age (care) allowances and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act.
(3) Section 3 (other than subsection (4)) of the Act of 1952 shall be construed and have effect as if—
(a) references therein to a power to make regulations included references to a power to make regulations under this or the next section, and
(b) references therein to regulations included references to any regulations under this or the next section.
Deserted wife's allowance.
22.—(1) An allowance (in this section referred to as a deserted wife's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—
(a) who has been deserted by her husband,
(b) who has not attained the age of seventy years,
(c) who, if she is less than fifty years of age, has at least one qualified child residing with her, and
(d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.
(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under the Widows' and Orphans' Pensions Acts, 1935 to 1970, if her husband were dead.
(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1970.
(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with section 5 (2) of the Children's Allowances (Amendment) Act, 1946, and the rules under that subsection.
(5) The Minister may make regulations with respect to deserted wife's allowance and such regulations may, in particular and without prejudice to the generality of the foregoing,—
(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,
(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act, and
(c) in applying the provisions of section 46 of the Act of 1952, provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.
Power to remove difficulties.
23.—(1) If in any respect any difficulty arises in bringing into operation this Part of this Act, the Minister may, subject to the sanction of the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Part of this Act into operation, and any such order may modify the provisions of this Part of this Act so far as may appear necessary or expedient for carrying the order into effect.
(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it annulling the order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder,
(3) No order may be made under this section after the expiration of one year after the commencement of this Part of this Act.
PART III
Miscellaneous
Increase of rates of old age pensions.
24.—(1) Section 77 of the Act of 1952 is hereby amended by—
(a) the substitution of “two hundred and forty-seven pounds” for “two hundred and twenty-one pounds” (inserted by the Act of 1969) in each place where it occurs in subsection (2) (inserted by the Act of 1964),
(b) the substitution of “two hundred and thirty-four pounds” for “two hundred and eight pounds” (inserted by the Act of 1969) in that subsection,
(c) the substitution for the Table to that subsection (inserted by the Act of 1969) of the Table annexed to this subsection, and
(d) the substitution for subsection (2B) (inserted by the Act of 1966) of the following :—
“(2B) In this section, ‘qualified child’ in relation to a claimant or pensioner means—
(a) a person under the age of eighteen years in respect of whom the claimant or pensioner is entitled to a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1970, or would be so entitled if the person were not over the age of sixteen years,
(b) if the claimant or pensioner is a woman, a child of hers under the age of eighteen years in respect of whom the head of the household in which she resides is entitled to a children's allowance under those Acts or would be so entitled if such child were not over the age of sixteen years, and
(c) if the claimant or pensioner is a widow, a person who is over the age of eighteen years and under the age of twenty-one years, who is receiving full-time instruction by day at any university, college, school or other educational establishment and in respect of whom the claimant or pensioner would be entitled to a children's allowance under those Acts if the person were not over the age of sixteen years.”
TABLE
Rate of Pension
Weekly Rates | ||||||||
Means of claimant or pensioner | Claimant or pensioner, no qualified child | Claimant or pensioner, one qualified child | Claimant or pensioner, two or more qualified children | |||||
(1) | (2) | (3) | (4) | |||||
£ | s. | £ | s. | £ | s. | |||
Where the yearly means of the claimant or pensioner as duly calculated— | ||||||||
are Nil | 4 | 5 | 5 | 0 | 5 | 15 | } | Plus, where there are more than two qualified children, 10 shillings for each qualified child in excess of two. |
exceed Nil but do not exceed £26 5s. 0d. | 4 | 0 | 4 | 15 | 5 | 10 | ||
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. | 3 | 15 | 4 | 10 | 5 | 5 | ||
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. | 3 | 10 | 4 | 5 | 5 | 0 | ||
exceed £65 10s. 0d. but do not exceed £78 10s. 0d. | 3 | 5 | 4 | 0 | 4 | 15 | ||
exceed £78 10s. 0d. but do not exceed £104 15s. 0d. | 3 | 0 | 3 | 15 | 4 | 10 | ||
exceed £104 15s. 0d. but do not exceed £117 15s. 0d. | 2 | 15 | 3 | 10 | 4 | 5 | ||
exceed £117 15s. 0d. but do not exceed £130 15s. 0d. | 2 | 10 | 3 | 5 | 4 | 0 | ||
exceed £130 15s. 0d. but do not exceed £143 15s. 0d. | 2 | 5 | 3 | 0 | 3 | 15 | ||
exceed £143 15s. 0d. but do not exceed £156 15s. 0d. | 2 | 0 | 2 | 15 | 3 | 10 | ||
exceed £156 15s. 0d. but do not exceed £169 15s. 0d. | 1 | 15 | 2 | 10 | 3 | 5 | ||
exceed £169 15s. 0d. but do not exceed £182 15s. 0d. | 1 | 10 | 2 | 5 | 3 | 0 | ||
exceed £182 15s. 0d. but do not exceed £195 15s. 0d. | 1 | 5 | 2 | 0 | 2 | 15 | ||
exceed £195 15s. 0d. but do not exceed £208 15s. 0d. | 1 | 0 | 1 | 15 | 2 | 10 | ||
exceed £208 15s. 0d. but do not exceed £221 15s. 0d. | 0 | 15 | 1 | 10 | 2 | 5 | ||
exceed £221 15s. 0d. but do not exceed £234 15s. 0d. | 0 | 10 | 1 | 5 | 2 | 0 | ||
exceed £234 15s. 0d. but do not exceed £247 15s. 0d. | 0 | 5 | 1 | 0 | 1 | 15 | ||
(2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by the substitution in subsection (1) of the following for paragraph (i) (inserted by the Act of 1964):
“(i) in case the person has no child who is a qualified child as defined in subsection (2B) (inserted by the Social Welfare Act, 1970) of section 77 of the Social Welfare Act, 1952, two hundred and forty-seven pounds and fifteen shillings,”.
(3) Subsections (1) and (2) of this section shall come into operation on the 7th day of August, 1970.
Increase of rates of unemployment assistance.
25.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1969) there is hereby substituted the Schedule annexed to this subsection.
SCHEDULE
Rates of Unemployment Assistance
Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable | Weekly rate of unemployment assistance applicable to persons resident in any urban area | Weekly rate of unemployment assistance applicable to persons resident in any other place | ||
£ | s. | £ | s. | |
Person without a dependant | 3 | 12 | 3 | 6 |
Person with an adult dependant | 6 | 8 | 6 | 0 |
Person with an adult dependant and one child dependant | 7 | 3 | 6 | 15 |
Person with an adult dependant and two or more child dependants | ||||
7 | 18 | 7 | 10 | |
plus, where there are more than two child dependants, 10 shillings for each child dependant in excess of two. | plus, where there are more than two child dependants, 10 shillings for each child dependant in excess of two. | |||
Person with one child dependant | 4 | 10 | 4 | 4 |
Person with two or more child dependants | ||||
5 | 5 | 4 | 19 | |
plus, where there are more than two child dependants, 10 shillings for each child dependant in excess of two. | plus, where there are more than two child dependants, 10 shillings for each child dependant in excess of two. | |||
(2) Subsection (Α) (inserted by the Act of 1952) of section 4 of the Unemployment Assistance (Amendment) Act, 1935, is hereby amended by the substitution in the definition of “child dependant” of “eighteen” for “sixteen”.
(3) Subsections (1) and (2) of this section shall come into operation on the 29th day of July, 1970.
Increase of certain rates of unemployment benefit.
26.—(1) In the Table to section 5 (2) of the Act of 1967, for the rates set forth therein (inserted by the Act of 1969) there are hereby substituted the rates set forth in the Table annexed to this subsection.
TABLE
Class of Person | Weekly Rate | Increase for adult dependant (where payable) | Increase for qualified child or for each of two qualified children (where payable) | Increase for each qualified child in excess of two (when payable) |
(1) | (2) | (3) | (4) | (5) |
Person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant | £3 15s. | — | 15s. | 10s. |
Any other person | £3 12s. | £2 16s. | 15s. | 10s. |
(2) For the purposes of this section, the provisions of subsection (3) of section 29 of this Act shall come into operation on the 30th day of July, 1970.
(3) Subsections (1) and (2) of this section shall come into operation on the 30th day of July, 1970.
Increase of rates of widows' (non-contributory) pensions.
27.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended—
(a) by the substitution for paragraph (b) of subsection (1) (inserted by the Act of 1969) of the following paragraph:
“(b) (i) where the yearly means of the widow as duly calculated do not exceed two hundred and forty-seven pounds and fifteen shillings, at the rate set forth in Table B to this subsection, and
(ii) where the yearly means of the widow as duly calculated exceed two hundred and forty-seven pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the widow as duly calculated exceeded two hundred and thirty-four pounds and fifteen shillings but did not exceed twohundred and forty-seven pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed two hundred and forty-seven pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds”,
and
(b) the substitution for Table B (inserted by the Act of 1969) of the Table annexed to this subsection.
TABLE B
Weekly Rates of Widows' (Non-Contributory) Pensions
Means of Widow | Widow, no qualified child | Widow, one qualified child | Widow, two qualified children | |||||
(1) | (2) | (3) | (4) | |||||
£ | s. | £ | s. | £ | s. | |||
where the yearly means of the widow, as duly calculated:— | ||||||||
are Nil | 4 | 5 | 5 | 0 | 5 | 15 | } | Plus, where there are more than two qualified children, ten shillings for each qualified child in excess of two. |
exceed Nil but do not exceed £26 5s. 0d. | 4 | 0 | 4 | 15 | 5 | 10 | ||
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. | 3 | 15 | 4 | 10 | 5 | 5 | ||
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. | 3 | 10 | 4 | 5 | 5 | 0 | ||
exceed £65 10s. 0d. but do not exceed £78 10s. 0d. | 3 | 5 | 4 | 0 | 4 | 15 | ||
exceed £78 10s. 0d. but do not exceed £104 15s. 0d. | 3 | 0 | 3 | 15 | 4 | 10 | ||
exceed £104 15s. 0d. but do not exceed £117 15s. 0d. | 2 | 15 | 3 | 10 | 4 | 5 | ||
exceed £117 15s. 0d. but do not exceed £130 15s. 0d. | 2 | 10 | 3 | 5 | 4 | 0 | ||
exceed £130 15s. 0d. but do not exceed £143 15s. 0d. | 2 | 5 | 3 | 0 | 3 | 15 | ||
exceed £143 15s. 0d. but do not exceed £156 15s. 0d. | 2 | 0 | 2 | 15 | 3 | 10 | ||
exceed £156 15s. 0d. but do not exceed £169 15s. 0d. | 1 | 15 | 2 | 10 | 3 | 5 | ||
exceed £169 15s. 0d. but do not exceed £182 15s. 0d. | 1 | 10 | 2 | 5 | 3 | 0 | ||
exceed £182 15s. 0d. but do not exceed £195 15s. 0d. | 1 | 5 | 2 | 0 | 2 | 15 | ||
exceed £195 15s. 0d. but do not exceed £208 15s. 0d. | 1 | 0 | 1 | 15 | 2 | 10 | ||
exceed £208 15s. 0d. but do not exceed £221 15s. 0d. | 0 | 15 | 1 | 10 | 2 | 5 | ||
exceed £221 15s. 0d. but do not exceed £234 15s. 0d. | 0 | 10 | 1 | 5 | 2 | 0 | ||
exceed £234 15s. 0d. but do not exceed £247 15s. 0d. | 0 | 5 | 1 | 0 | 1 | 15 | ||
(2) Subsection (1) of this section shall come into operation on the 7th day of August, 1970.
Increase of rates of orphans' (non-contributory) pensions.
28.—(1) In the Table to section 25 (inserted by the Act of 1952) of the Act of 1935, for the rates (inserted by the Act of 1969) set forth therein there are hereby substituted the rates set forth in the Table annexed to this subsection.
TABLE
Weekly Rates of Orphans' (Non-Contributory) Pensions.
Means of orphan | Weekly rates | |
£ | s. | |
Where the yearly means of the orphan as duly calculated— | ||
do not exceed £23 8s. | 2 | 5 |
exceed £23 8s. but do not exceed £46 16s. | 1 | 16 |
exceed £46 16s. but do not exceed £70 4s. | 1 | 7 |
exceed £70 4s. but do not exceed £93 12s. | 0 | 18 |
exceed £93 12s. but do not exceed £117 0s. | 0 | 9 |
exceed £117 0s. | No pension | |
(2) Subsection (1) of this section shall come into operation on the 7th day of August, 1970.
Extension of “qualified child”.
29.—(1) Subsection (1) of section 3 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution in paragraph (a) (inserted by the Act of 1969) of the definition of “qualified child” of “eighteen” for “sixteen”.
(2) Subsection (1) of this section shall come into operation on the 7th day of August, 1970.
(3) In subsection (1) of section 2 of the Act of 1952, paragraph (a) of the definition of “qualified child” is hereby amended by the substitution of “eighteen” for “sixteen”.
(4) Subsection (3) of this section shall come into operation—
(a) in so far as it relates to disability benefit and unemployment benefit, on the 5th day of October, 1970, and
(b) in so far as it relates to any other benefit, on the 1st day of October, 1970.
(5) Section 9 of the Act of 1969 is hereby amended by the substitution in subsection (3) of “eighteen” for “sixteen” in both places where the latter word occurs.
(6) Subsection (5) of this section shall come into operation on the 1st day of October, 1970.
Increase of rates of children's allowances.
30.—(1) Section 6 of the Children's Allowances (Amendment) Act, 1946, is hereby amended by the substitution in paragraph (ii) of subsection (1) (inserted by the Act of 1963) of “two pounds, five shillings” for “forty shillings” (inserted by the Act of 1969).
(2) Subsection (1) of this section shall come into operation on the 1st day of October, 1970.
Amendment of Third Schedule to Act of 1952.
31.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1969) of the Part annexed to this subsection.
PART I
Rates of Periodical Benefits and of Increases Thereof
Description of benefit | Weekly Rate | Increase for adult dependant (where payable) | Increase for qualified child or for each of two qualified children (where payable) | Increase for each qualified child in excess of two (where payable) | Increase for adult dependant under section 26 (4) (where payable) | |||||
(1) | (2) | (3) | (4) | (5) | (6) | |||||
£ | s. | £ | s. | £ | s. | £ | s. | £ | s. | |
1. Disability Benefit, Invalidity Pension, and Unemployment Benefit: | ||||||||||
(a) in the case of persons over the age of eighteen— | ||||||||||
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or qualified children or for a husband | 4 | 10 | 3 | 3 | 0 | 18 | 0 | 13 | — | |
(ii) for any other married woman | 3 | 12 | — | — | — | — | ||||
(b) in the case of persons under the age of eighteen—where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant | 4 | 10 | 3 | 3 | 0 | 18 | 0 | 13 | — | |
where the person is not so entitled | 3 | 12 | — | — | — | — | ||||
2. Maternity Allowance | 4 | 10 | — | — | — | — | ||||
3. Widow's (Contributory) Pension | 4 | 10 | — | 0 | 18 | 0 | 13 | 2 | 15 | |
4. Orphan's (Contributory) Allowance | 3 | 0 | — | — | — | — | ||||
5. Old Age (Contributory) Pension | 5 | 0 | 3 | 10 | 0 | 18 | 0 | 13 | 2 | 15 |
6. Retirement Pension | 4 | 10 | 3 | 0 | 18 | 13 | — | |||
(2) Subsection (1) of this section shall come into operation—
(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 5th day of October, 1970, and
(b) in so far as it relates to any other benefit, on the 1st day of October, 1970.
Amendment of Second Schedule to Act of 1952.
32.—The Second Schedule to the Act of 1952 is hereby amended by the substitution for the rate of contribution set forth in each paragraph mentioned in column (1) of the Table annexed to this section of—
(i) with respect to the period beginning on the 5th day of October, 1970 and ending on the 14th day of February, 1971, such rate as is set forth, opposite the mention of that paragraph in the said column (1), in column (2) of that Table, and
(ii) thereafter, such rate as is so set forth in column (3) of that Table.
TABLE
Paragraph of Second Schedule | Rate of Contribution | Rate of Contribution | |
(1) | (2) | (3) | |
s. | d. | new pence | |
Paragraph 1 (a) | |||
(i) in the case of a male employed contributor | 15 | 2 | 76 |
(ii) in the case of a female employed contributor | 14 | 1 | 70 |
Paragraph 1 (b) | |||
(i) in the case of a male employed contributor | 15 | 4 | 77 |
(ii) in the case of a female employed contributor | 15 | 0 | 75 |
Paragraph 2 (a) | 12 | 11 | 65 |
Paragraph 2 (b) | 13 | 1 | 65 |
Paragraph 2A (a) | 10 | 7 | 53 |
Paragraph 2A (b) | 11 | 11 | 60 |
Paragraph 3 (a) | 9 | 11 | 50 |
Paragraph 3 (b) | 11 | 0 | 55 |
Paragraph 3A (a) | 11 | 4 | 57 |
Paragraph 3A (b) | 12 | 8 | 63 |
Paragraph 4 (a) | 3 | 2 | 16 |
Paragraph 4 (b) | 3 | 2 | 16 |
Paragraph 5 (a) | — | — | |
Paragraph 5 (b) | 3 | 2 | 16 |
Paragraph 6 (a) | 13 | 5 | 67 |
Paragraph 6 (b) | 15 | 0 | 75 |
Paragraph 7 (a) | 13 | 5 | 67 |
Paragraph 7 (b) | 14 | 1 | 70 |
Amendment of section 6 of Act of 1952.
33.—Section 6 (2) (inserted by the Act of 1960) of the Act of 1952 is hereby amended by the substitution for the rate of voluntary contribution set forth in each paragraph mentioned in column (1) of the Table annexed to this section of—
(i) with respect to the period beginning on the 5th day of October, 1970, and ending on the 14th day of February, 1971, such rate as is set forth, opposite the mention of that paragraph in the said column (1), in column (2) of that Table, and
(ii) thereafter, such rate as is so set forth in column (3) of that Table.
TABLE
Paragraph of section 6 (2) | Rate of Contribution | Rate of Contribution |
(1) | (2) | (3) |
Paragraph (a) | six shillings and four pence | thirty-two new pence |
Paragraph (b) | sixteen shillings and three pence | eighty-one new pence |
Amendment of Social Welfare (Occupational Injuries) Act, 1966.
34.—(1) The Social Welfare (Occupational Injuries) Act, 1966, is hereby amended as follows:
(a) in section 8 (3) (a) “five pounds” shall be substituted for “eighty-seven shillings and sixpence” (inserted by the Act of 1969),
(b) in section 8 (3) (b) “seven pounds” shall be substituted for “one hundred and twenty-five shillings” (inserted by the Act of 1969),
(c) in section 9 (7) (a) “four hundred and eighty pounds” shall be substituted for “four hundred and twenty pounds” (inserted by the Act of 1969),
(d) in TABLE I annexed to section 9 (8) “£7” shall be substituted for “125s. 0d.”, “£6 6s.” for “112s. 6d.”, “£5 12s.” for “100s. 0d.”, “£4 18s.” for “87s. 6d.”, “£4 4s.” for “75s. 0d.”, “£3 10s.” for “62s. 6d.”, “£2 16s.” for “50s. 0d.”, “£2 2s.” for “37s. 6d.” and “£1 8s.” for “25s. 0d.” (inserted by the Act of 1969),
(e) in TABLE II annexed to section 9 (8) “£5” shall be substituted for “87s. 6d.”, “£4 10s.” for “78s. 9d.”, “£4” for “70s 0d.”, “£3 10s.” for “61s. 3d.”, “£3” for “52s. 6d.”, “£2 10s.” for “43s. 9d.”, “£2” for “35s. 0d.”, “£1 10s.” for “26s. 3d.” and “£1” for “17s. 6d.” (inserted by the Act of 1969),
(f) in section 9 (9) (b) (ii) “£1 8s.” shall be substituted for “25s. 0d.” and “£1” for “17s. 6d.” (inserted by the Act of 1969),
(g) in section 10 (1) “three pounds and three shillings” shall be substituted for “sixty-two shillings and sixpence” (inserted by the Act of 1969),
(h) in section 11 (1) “eighteen shillings” shall be substituted for “fifteen shillings and sixpence” and “thirteen shillings” for “ten shillings and sixpence” (inserted by the Act of 1968),
(i) in section 12 (1) (a) “three pounds and twelve shillings” shall be substituted for “sixty-two shillings and sixpence” (inserted by the Act of 1969),
(j) in section 12 (1) (b) “four pounds and ten shillings” shall be substituted for “seventy-five shillings” (inserted by the Act of 1969),
(k) in section 15 (1) (a) (i) “five pounds” shall be substituted for “eighty-seven shillings and sixpence” (inserted by the Act of 1969),
(l) in section 15 (1) (a) (ii) “seven pounds” shall be substituted for “one hundred and twenty-five shillings” (inserted by the Act of 1969),
(m) in section 17 (2) “six pounds” shall be substituted for “one hundred and five shillings” (inserted by the Act of 1969),
(n) in section 18 (2) “six pounds” shall be substituted for “one hundred and five shillings” (inserted by the Act of 1969),
(o) in section 18 (3) “three hundred and fifteen pounds” shall be substituted for “two hundred and seventy-five pounds” (inserted by the Act of 1969),
(p) in section 19 “eighteen shillings” shall be substituted for “fifteen shillings and sixpence” and “thirteen shillings” for “ten shillings and sixpence” (inserted by the Act of 1968),
(q) in section 20 “two pounds” shall be substituted for “thirty-four shillings” (inserted by the Act of 1969) in each place where it occurs and “six pounds” shall be substituted for “one hundred and five shillings” (inserted by the Act of 1969) in each place where it occurs,
(r) in section 21 (2) “three pounds and five shillings” shall be substituted for “fifty-seven shillings and sixpence” (inserted by the Act of 1969),
(s) in section 25 (3) (a) “one pound” shall be substituted for “seventeen shillings and sixpence” (inserted by the Act of 1969),
(t) in section 25 (3) (b) “one pound and eight shillings” shall be substituted for “twenty-five shillings” (inserted by the Act of 1969),
(u) in section 36 (2) (b) “11 new pence” shall be substituted for “2s. 2d.” and “8 new pence” for “1s. 7d.” (inserted by the Act of 1969),
(v) in section 36 (3) “11 new pence” shall be substituted for “2s. 2d.” and “8 new pence” for “1s. 7d.” (inserted by the Act of 1969).
(2) The definition of “child qualified for the purposes of this Act” contained in section 1 (1) of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by the insertion of the word “and” at the end of paragraph (b) and the deletion of paragraph (d) and the word “and” immediately preceding that paragraph.
(3) (a) Subsection (1) of this section shall come into operation—
(i) in so far as it relates to paragraphs (a) to (t), on the 5th day of October, 1970, and
(ii) in so far as it relates to paragraphs (u) and (v), on the 15th day of February, 1971.
(b) Subsection (2) of this section shall come into operation on the 5th day of October, 1970.
Restriction of section 13 of Act of 1966 and of certain regulations under section 32 of Act of 1952.
35.—(1) Section 13 of the Act of 1966 shall not during the relevant period operate to permit a person to receive a non-contributory old age pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 24 of this Act, the rate of such pension payable to that person would be greater than the rate of old age (contributory) pension or widow's (contributory) pension to which that person is entitled.
(2) The regulations made under section 32 of the Act of 1952 (as amended by section 7 of the Act of 1966) and for the time being in force shall not during the relevant period operate to permit a widow to receive a widow's (non-contributory) pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 27 of this Act, the rate of such pension payable to her would be greater than the rate of widow's (contributory) pension payable to her.
(3) In this section “relevant period” means the period commencing on the 7th day of August, 1970, and ending on the 1st day of October, 1970.
Amendment of Rule 1 (III) of Seventh Schedule to Act of 1952.
36.—The Seventh Schedule to the Act of 1952 is hereby amended by the addition to Rule 1 (III) of “but for the purposes of this Rule, a cottage provided under the Labourers' Acts, 1833 to 1962, and vested in the person or the spouse of that person pursuant to those Acts or pursuant to the Housing Act, 1966 (No. 21 of 1966), shall not be treated as property which is personally used or enjoyed by that person or the spouse of that person so long as payment of the purchase annuity has not been completed.”
SCHEDULE
Contribution Conditions (Death Grant, Invalidity Pension, Retirement Pension)
7. Death Grant
The contribution conditions for death grant are—
(a) that before the relevant date not less than twenty-six employment contributions have been paid in respect of the relevant insured person in respect of employment since his entry into insurance or since the commencement of section 5 of the Social Welfare Act, 1970 (whichever is the later), and
(b) that before the relevant date, where that date occurs after the end of the first contribution year, appropriate to a man or a woman (as the case may be), falling completely into the period following such commencement, either—
(i) not less than forty-eight contributions have been paid in respect of or credited to the relevant insured person in respect of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or
(ii) the average per contribution year of the contributions paid in respect of or credited to the relevant insured person in respect of the period beginning at the beginning of the contribution year in which his entry into insurance occurred or the beginning of the contribution year next following that in which such commencement occurred (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than forty-eight.
In this paragraph—
“relevant insured person” means—
(a) in case the deceased person was a qualified child—the father or mother of such deceased person or the person who was receiving or was entitled to payment of children's allowances under the Social Welfare (Children's Allowances) Acts, 1944 to 1970, in respect of such deceased person at the date of death or who would have been so entitled if the deceased person had not been over the age of sixteen years or had not been committed to a reformatory or industrial school,
(b) in any other case—the deceased person or the spouse of the deceased person,
“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not.
For the purpose of determining whether the conditions contained in this paragraph are satisfied—
(i) a person shall be treated as having entered into insurance when (and only when) he has become for the first time an employed contributor in respect of whom employment contributions are payable under paragraphs 1, 2, 2A, 3, 3A, 6 or 7 of the Second Schedule to this Act, and
(ii) contributions under paragraphs 4 and 5 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956) of the said Second Schedule shall be disregarded.
8. Invalidity pension
The contribution conditions for invalidity pension are—
(a) that before the relevant date not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant since his entry into insurance, and
(b) that before the relevant date not less than forty-eight employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before that date.
In this paragraph “relevant date” means any date subsequent to the completion of one year of continuous incapacity for work where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work.
Contributions under paragraphs 4 and 5 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956) of the Second Schedule to this Act shall be disregarded for the purposes of this paragraph.
9. Retirement pension
The contribution conditions for retirement pension are—
(a) that the claimant has entered into insurance before attaining the age of fifty-five years,
(b) that not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant since his entry into insurance, and
(c) that the average per contribution year of the contributions paid in respect of or credited to the claimant in respect of the period beginning either—
(i) on the 5th day of January, 1953, in case the claimant is a man or on the 6th day of July, 1953, in case the claimant is a woman, or
(ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man or the 6th day of July, 1953, in the ease of a woman),
(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of sixty-five years is not less than forty-eight.
For the purpose of determining whether the conditions contained in this paragraph are satisfied—
(i) a person shall be treated as having entered into insurance when (and only when) he has become for the first time an employed contributor in respect of whom employment contributions are payable under paragraphs 1, 2, 2A, 3, 3A, 6 or 7 of the Second Schedule to this Act, and
(ii) contributions under paragraphs 4 and 5 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956) of the said Second Schedule shall be disregarded.