Number 11 of 1952.
SOCIAL WELFARE ACT, 1952.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Insured Persons and Contributions.
Exception from liability for, and crediting of, contributions. | |
Modifications in the case of persons in certain employments. | |
Modifications in the case of insured persons outside the State. |
Benefit.
Prelimnary.
Descriptions and rates of benefit and contribution conditions. |
Disability and Unemployment Benefit.
Marriage Benefit.
Maternity Benefit.
Widow's (Contributory) Pension.
Orphans' (Contributory) Allowance.
Treatment Benefit.
Additional Rights to Benefit.
Increase of benefit for qualified child or each of two qualified children. | |
Miscellaneous Provisions as to Benefit.
Supplementary.
Finance, Administration and Legal Proceedings.
Finance.
Administration.
Legal Proceedings.
Certificate of decision by deciding officer or appeals officer. | |
Priority of employment contributions in winding up and bankruptcy. | |
Miscellaneous.
Additional Provisions.
Chapter I.
General.
Amendments of Old Age Pensions Acts, 1908 to 1951.
Amendments of National Health Insurance Acts, 1911 to 1950.
Amendments of Unemployment Insurance Acts, 1920 to 1948.
Amendment of paragraph 1 of Second Schedule to Principal Act. | |
Amendments of Unemployment Assistance Acts, 1933 to 1948.
Amendments of Widows' and Orphans' Pensions Acts, 1935 to 1948.
Composition and rates of widows' (non-contributory) pensions. | |
Amendment of section 38 of and Second Schedule to Principal Act. | |
Amendment of Insurance (Intermittent Unemployment) Act, 1942.
Amendment of Insurance (Intermittent Unemployment) Act, 1942. | |
Employments and Excepted Employments
Employments.
Excepted Employments.
Rates of Employment Contributions.
Rate or Amount of Benefit
Rates of periodical benefits and of increases thereof.
Amount of grants.
Contribution Conditions
Enactments Repealed
Amendments of Certain Enactments
Amendments of Unemployment Assistance Act, 1933 (No. 46 of 1933).
Amendment of Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).
Amendments of Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).
Rules as to Calculation of Means
Acts Referred to | |
No. 8 of 1946 | |
No. 17 of 1930 | |
No. 9 of 1934 | |
No. 29 of 1935 | |
No. 1 of 1932 | |
No. 14 of 1950 | |
No. 46 of 1933 | |
No. 7 of 1942 | |
No. 19 of 1924 | |
No. 16 of 1951 | |
No. 18 of 1932 | |
No. 38 of 1935 | |
No. 4 of 1940 | |
No. 39 of 1936 | |
No. 27 of 1939 | |
No. 28 of 1947 | |
No. 17 of 1948 | |
No. 11 of 1937 | |
Number 11 of 1952.
SOCIAL WELFARE ACT, 1952.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Social Welfare Act, 1952.
Interpretation.
2.—(1) In this Act, save where the context otherwise requires—
“agriculture” includes dairy-farming and the use of land as grazing, meadow, or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds;
“appeals officer” means a person holding office as an appeals officer under section 43;
“the appointed day” has the meaning assigned to it in section 72;
“beneficiary” means a person entitled to benefit;
“benefit” means benefit under this Act;
“benefit year” means, in relation to any person, such period of fifty-two or fifty-three contribution weeks as may be prescribed;
“contribution week” means a period of seven days commencing from midnight on Sunday, and “contribution year” means, in relation to any person, such period of fifty-two or fifty-three contribution weeks as may be prescribed;
“deciding officer” means a person holding office as a deciding officer under section 41;
“domestic service” does not include service which is rendered otherwise than in relation to an employer's household and place of residence;
“employed contributor” has the meaning assigned to it in subsection (1) of section 4;
“employer's contribution” has the meaning assigned to it in section 5;
“employment contributions” has the meaning assigned to it in section 5;
“entry into insurance” means, in relation to any person, the date on which he becomes an insured person;
“the Fund” has the meaning assigned to it in subsection (1) of section 39;
“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with regulations, to be so incapable;
“increase” means, in relation to any benefit, an increase under section 26 or section 27;
“inspector” means a person holding office as an inspector under section 49;
“insurance cards” has the meaning assigned to it in subsection (1) of section 8;
“insurance stamps” has the meaning assigned to it in subsection (1) of section 8;
“insurable employment” means employment such that a person, over the age of sixteen years and under pensionable age, employed therein would be an employed contributor;
“insured person” means a person insured under this Act;
“the Minister” means the Minister for Social Welfare;
“orphan” means—
(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or
(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband;
“pensionable age” means the age of seventy;
“prescribed” means prescribed by regulations;
“qualified child” means a person who—
(a) is under the age of sixteen,
(b) is ordinarily resident in the State, and
(c) is not detained in a reformatory or an industrial school;
“regulations” means regulations made by the Minister under this Act;
“relevant contribution conditions” in relation to benefit of any description, means the contribution conditions for benefit of that description;
“voluntary contributions” has the meaning assigned to it in section 5;
“voluntary contributor” has the meaning assigned to it in section 4.
(2) For the purposes of this Act—
(a) a person shall be deemed to be over any age therein mentioned if he has attained that age and shall be deemed to be under any age therein mentioned if he has not attained that age;
(b) a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age;
(c) a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age;
(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of any person, or at what rate a contribution is payable, that person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which he attains during the course of that week.
(3) Any reference in this Act to contributions shall, where the reference is without qualification, be construed, save where the context otherwise requires, as including both a reference to employment contributions and a reference to voluntary contributions.
(4) Regulations may, as respects any class or description of insurable employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.
(5) References in this Act to an employed contributor's employer shall not be construed as including his employer in any employment other than insurable employment.
(6) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection.
(7) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the passing of this Act), for the purposes of this Act—
(a) the child shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and
(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in subsection (1) of this section, “the parent of whom is dead” shall be substituted in paragraph (a) of that definition for “both of whose parents are dead”.
(8) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.
General provisions as to regulations.
3.—(1) The Minister may make regulations—
(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and
(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases, or classes of case, and
(b) so as to make as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
(iii) any such provision either unconditionally or subject to any specified condition.
(3) Without prejudice to any specific provision in this Act, any regulations may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.
(4) The following shall be subject to the sanction of the Minister for Finance:—
(a) regulations for the purposes of section 12, section 28, subsection (2) of section 37, section 60, section 66, or subsection (1) of section 69 of this Act,
(b) regulations for the purposes of section 8 of this Act so far as the regulations relate to the fees referred to in subsection (2) of that section,
(c) an order for the purposes of section 64, section 71, section 72 or section 83 of this Act,
(d) a draft of regulations under subsection (6) of section 4, subsection (9) of section 6 or subsection (4) of section 14.
(5) Regulations (not being regulations of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next twenty-one days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
PART II.
Insured Persons and Contributions.
Insured persons.
4.—(1) Subject to the provisions of this Act—
(a) every person who on or after the appointed day, being over the age of sixteen years and under pensionable age, is employed in any of the employments specified in Part I of the First Schedule to this Act, not being an employment specified in Part II of that Schedule, shall be an employed contributor for the purposes of this Act, and
(b) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.
(2) Subject to the provisions of this Act, where a person ceases to be an employed contributor otherwise than by reason of attaining pensionable age and not less than one hundred and fifty-six employment contributions have been paid in respect of him, he shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as a voluntary contributor).
(3) A voluntary contributor shall, if he becomes an employed contributor, cease to be a voluntary contributor.
(4) Regulations may provide for including among employed contributors persons employed in any of the employments specified in Part II of the First Schedule to this Act.
(5) Regulations may provide for—
(a) excluding particular employments or any classes of employment from the employments specified in Part I of the First Schedule to this Act, or
(b) adding to the employments so specified particular employments or any classes of employment,
and, where the Minister considers that any modifications of this Act are appropriate having regard to the purpose for which the regulations are made, the regulations may make those modifications.
(6) Where regulations are proposed to be made for the purposes of subsection (4) or subsection (5) of this section, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
General provision as to moneys for benefits, etc.
5.—For the purpose of providing moneys for meeting the expenditure on benefit and making any other payments which under this Act are to be made out of the Fund, there shall be—
(a) contributions (in this Act referred to as employment contributions) in respect of employed contributors, each of which shall comprise a contribution by the employed contributor and a contribution (in this Act referred to as the employer's contribution) by the employer of the employed contributor,
(b) contributions (in this Act referred to as voluntary contributions) in respect of voluntary contributors, and
(c) payments out of moneys provided by the Oireachtas.
Contributions generally.
6.—(1) Employment contributions shall be weekly contributions which shall be paid by employed contributors and employers of employed contributors at the rates specified in the Second Schedule to this Act.
(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate of one shilling and sixpence for a contribution week in the case both of male voluntary contributors and of female voluntary contributors.
(3) Employment contributions and voluntary contributions shall be paid into the Fund.
(4) An employment contribution shall be payable for each contribution week during the whole or any part of which an employed contributor has been employed by an employer, but—
(a) where one contribution has been paid in respect of an employed contributor for any such week, no further contribution shall be payable in respect of him for the same week, and
(b) where no remuneration has been received for, and no services have been rendered by an employed contributor during, any such week, or where no services have been rendered by an employed contributor during any such week and the employed contributor has been in receipt of disability benefit or maternity allowance for the whole or any part of that week, the employer shall not be liable to pay any contribution either on his own behalf or on behalf of the employed contributor for that week.
(5) The employer shall, as respects any employment contribution, be liable in the first instance to pay both the employer's contribution comprised therein and also, on behalf of and to the exclusion of the employed contributor, the contribution comprised therein payable by such contributor.
(6) An employer shall be entitled, subject to and in accordance with regulations, to recover from an employed contributor the amount of any contribution paid or to be paid by him on behalf of that contributor, and, notwithstanding anything in any enactment, regulations for the purposes of this subsection may authorise recovery by deductions from the employed contributor's remuneration, but any such regulations shall provide that—
(a) where the employed contributor does not receive any pecuniary remuneration either from the employer or from any other person, the employer shall not be entitled to recover the amount of any such contribution from him, and
(b) where the employed contributor receives any pecuniary remuneration from the employer, the employer shall not be entitled to recover any such contribution otherwise than by deductions.
(7) Notwithstanding any contract to the contrary, an employer shall not be entitled to deduct from remuneration of a person employed by him, or otherwise to recover from such a person, the employer's contribution in respect of that person.
(8) Any sum deducted by an employer from remuneration under regulations for the purposes of this section shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.
(9) Regulations may alter the rates of employment or voluntary contributions, but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
Exception from liability for, and crediting of, contributions.
7.—Regulations may provide for—
(a) making exceptions from the liability to pay contributions for any specified periods, and
(b) crediting contributions to insured persons for any specified periods, including, in particular—
(i) periods for which there is an exception from the liability to pay contributions by virtue of paragraph (a) of this section, and
(ii) the period between the beginning of the contribution year last preceding that in which they become insured persons and their entry into insurance.
Regulations as to payment of contributions.
8.—(1) Subject to the provisions of this Act, regulations may provide for any matters incidental to the payment and collection of contributions and in particular for—
(a) payment of contributions by means of adhesive stamps (in this Act referred to as insurance stamps) affixed to cards (in this Act referred to as insurance cards) or otherwise, and for regulating the manner, times, and conditions in, at, and under which insurance stamps are to be affixed or payments are otherwise to be made;
(b) the issue, custody, production, and surrender of insurance cards and the replacement of insurance cards which have been lost, destroyed, or defaced;
(c) treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed, or as not having been paid;
(d) the recovery (without prejudice to any other remedy), on prosecutions brought under or by virtue of this Act, of contributions.
(2) Regulations for the purposes of this section providing for the payment of contributions, at the option of the persons liable to pay, either—
(a) by means of insurance stamps, or
(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of insurance stamps,
may include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees.
(3) The Public Offices Fees Act, 1879, shall not apply in respect of the fees referred to in subsection (2) of this section and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.
Return of sums paid in error by way of contributions.
9.—Regulations shall provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of contributions.
Preparation and issue of insurance stamps, etc.
10.—(1) Subject to subsection (2) of this section, insurance stamps shall be prepared and issued in such manner as the Revenue Commissioners, with the consent of the Minister for Finance, may direct, and the said Commissioners may, by regulations made by them, provide for applying, with the necessary adaptations, as respects insurance stamps, all or any of the provisions, including penal provisions, of the following enactments, that is to say, sections 21, 35 and 36 of the Inland Revenue Regulation Act, 1890, the Stamp Duties Management Act, 1891, section 9 of the Stamp Act, 1891, and section 65 of the Post Office Act, 1908, and may, with the consent of the Minister for Posts and Telegraphs, provide for the sale of insurance stamps through the Post Office.
(2) The Government may by order provide that any powers and duties of the Revenue Commissioners with reference to insurance stamps shall be exercised and performed by the Minister for Posts and Telegraphs, either to the exclusion of the Revenue Commissioners or concurrently with the Revenue Commissioners, and any such order may contain such provisions as appear to the Government to be necessary or expedient for giving full effect to the exercise and performance of the duties to which such order relates in the manner provided by such order.
Persons employed by more than one employer, etc.
11.—(1) In relation to persons who—
(a) are employed by more than one employer in any contribution week, or
(b) work under the general control or management of some person other than their immediate employer,
and in relation to any other cases for which it appears to the Minister that special provision is needed, regulations may provide that for the purposes of this Act the prescribed person shall be treated as their employer.
(2) The regulations made by virtue of paragraph (b) of subsection (1) of this section may provide for adjusting the rights between themselves of the person prescribed as the employer, the immediate employer and the persons employed.
Modifications in the case of persons in certain employments.
12.—(1) Regulations may modify the provisions of this Act in their application in the case of—
(a) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part I of the First Schedule to this Act, or
(b) persons employed in a statutory transport undertaking, or
(c) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or
(d) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or
(e) persons employed as members of the Army Nursing Service.
(2) The provisions of this section are without prejudice to the generality of any other provision of this Act providing for regulations.
Modifications in the case of insured persons outside the State.
13.—(1) Regulations may modify the provisions of this Act in their application in the case of persons who are or have been outside the State while insured under this Act.
(2) The modifications which may be made by regulations for the purposes of this section shall, in particular, include the deletion of the words “in the State” in paragraph 1 of Part I of the First Schedule to this Act.
(3) The provisions of this section are without prejudice to the generality of any other provision of this Act providing for regulations.
PART III.
Benefit.
Preliminary.
Descriptions and rates of benefit and contribution conditions.
14.—(1) Benefit shall be of the following descriptions:—
(a) disability benefit,
(b) unemployment benefit,
(c) marriage benefit, which shall consist of marriage grant,
(d) maternity benefit, which shall comprise maternity grant and maternity allowance,
(e) widow's (contributory) pension,
(f) orphan's (contributory) allowance.
(2) Subject to section 25 of this Act and so long as that section remains in force, benefit shall, in addition to including the benefits referred to in subsection (1) of this section, also include treatment benefit.
(3) Subject to the provisions of this Act—
(a) the weekly rates of the several descriptions of benefit set out in the first column of Part I of the Third Schedule to this Act shall be as set out in the second column of the said Part I and the amount of a marriage grant or a maternity grant shall be as set out in Part II of that Schedule,
(b) the contribution conditions for the several descriptions of benefit (other than treatment benefit) shall be as set out in the Fourth Schedule to this Act.
(4) Regulations may provide for modifications of any of the contribution conditions set out in the Fourth Schedule to this Act, but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
(5) Benefit shall be paid or provided for out of the Fund.
Disability and Unemployment Benefit
Right to disability and unemployment benefit.
15.—(1) Subject to the provisions of this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work which forms part of a period of interruption of employment, and to unemployment benefit in respect of any day of unemployment which forms part of such a period, if—
(a) he is under pensionable age on the day for which the benefit is claimed, and
(b) he satisfies the relevant contribution conditions.
(2) A person shall not be entitled to disability benefit or unemployment benefit for the first three days of any period of interruption of employment.
(3) For the purposes of any provision of this Act relating to disability or unemployment benefit—
(a) a day shall not be treated in relation to an insured person—
(i) as a day of incapacity for work unless on that day he is incapable of work,
(ii) as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,
(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment,
(c) any three days of interruption of employment, whether consecutive or not, within a period of six consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than thirteen weeks shall be treated as one period of interruption of employment,
(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days.
(4) Regulations may make provision (subject to subsection (3) of this section) as to the days which are or are not to be treated for the purposes of disability benefit and unemployment benefit as days of incapacity for work or of unemployment.
(5) The amount payable by way of benefit for any day of incapacity for work or of unemployment shall be one sixth of the appropriate weekly rate.
Exhaustion of and requalification for benefit.
16.—(1) Where as respects a person—
(a) in respect of the period between his entry into insurance and any day of incapacity for work, less than one hundred and fifty-six employment contributions have been paid in respect of him, and
(b) before that day he has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for three hundred and twelve days,
he shall not be entitled to disability benefit for that day unless since the last of the said three hundred and twelve days and before that day he has requalified for benefit.
(2) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for one hundred and fifty-six days shall not thereafter be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over sixty-five years of age, not less than one hundred and fifty-six employment contributions have been paid in respect of the period between his entry into insurance and the day for which unemployment benefit is claimed.
(3) Where a person has exhausted his right to either of the said benefits—
(a) he shall requalify therefor when thirteen employment contributions have been paid in respect of him in respect of contribution weeks begun or ended since the last day for which he was entitled to that benefit,
(b) on his requalifying therefor, subsection (1) or (2), as the case may be, of this section shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
(4) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
Disqualifications and special conditions.
17.—(1) Regulations may provide for disqualifying a person for receiving disability benefit for such period not exceeding six weeks as may be determined under the provisions of this Act if—
(a) he has become incapable of work through his own misconduct, or
(b) he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.
(2) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation.
(3) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of the immediately preceding subsection, be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding six weeks as may be determined under the provisions of this Act if—
(a) he has lost his employment through his own misconduct, or has voluntarily left his employment without just cause, or
(b) he has refused an offer of suitable employment, or
(c) he has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,
and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.
(5) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of disability benefit or unemployment benefit and restrictions or the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
(6) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is either—
(a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute, or
(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or
(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees, or; failing such agreement, than those generally recognised in that district by good employers.
(7) In this section, “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.
Marriage Benefit.
Marriage benefit.
18.—Subject to the provisions of this Act, a woman shall be entitled on marriage to marriage benefit if she satisfies the relevant contribution conditions.
Maternity Benefit.
Maternity grants.
19.—(1) Subject to the provisions of this Act, a woman who has been confined shall be entitled—
(a) if she satisfies the relevant contribution conditions and her husband does not or if her husband satisfies the relevant contribution conditions and she does not—to one maternity grant, and
(b) if she satisfies the relevant contribution conditions and her husband also satisfies them—to two maternity grants.
(2) For the purposes of this section, “husband” includes a widow's late husband, where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.
Maternity allowance.
20.—(1) Subject to the provisions of this Act, a woman shall be entitled to a maternity allowance if—
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined in a week specified in the certificate (hereafter in this section referred to as the expected week of confinement), not being more than the prescribed number of weeks after that in which the certificate is given, and
(b) she satisfies the relevant contribution conditions.
(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of twelve weeks beginning with the sixth week before the end of the expected week of confinement, but—
(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,
(b) if the date of the confinement occurs before or after the expected week of confinement, the allowance shall, subject to paragraph (a) of this subsection, be payable until the expiration of the sixth week after the week in which that date occurs and no longer.
(3) Regulations may modify subsections (1) and (2) of this section in relation to cases where—
(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and
(b) no such certificate as is referred to in paragraph (a) of the said subsection (1) has been given.
(4) Regulations may provide for disqualifying a woman for receiving a maternity allowance if—
(a) during the period for which the allowance is payable, she engages in any occupation other than domestic duties in her own household, or
(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with the regulations.
(5) In this section, “week” means a contribution week.
Supplementary provisions as to maternity benefit.
21.—(1) For the purposes of the provisions of this Act relating to maternity benefit—
(a) “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,
(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.
(2) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.
Widow's (Contributory) Pension.
Widow's (contributory) pension.
22.—(1) Subject to the provisions of this Act, a widow shall be entitled to a widow's (contributory) pension if the relevant contribution conditions are satisfied by her or by her husband's insurance, but she shall not be entitled to the benefit by virtue both of her own and of her husband's insurance.
(2) A widow's (contributory) pension shall not be payable for any period after the remarriage of the widow or after she attains pensionable age.
(3) A widow shall be disqualified for receiving a widow's (contributory) pension if and so long as she and any person are cohabiting as man and wife.
(4) In this section, “the husband”, in relation to a woman who has been married more than once, refers only to her last husband.
Orphan's (Contributory) Allowance.
Orphan's (contributory) allowance.
23.—Subject to the provisions of this Act, an orphan's (contributory) allowance shall be payable in respect of an orphan if the relevant contribution condition is satisfied.
Payment of orphan's (contributory) allowance.
24.—(1) Subject to the provisions of this section, an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.
(2) An orphan's (contributory) allowance may, if the Minister thinks fit, instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.
Treatment Benefit.
Treatment benefit.
25.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.
(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following:—
(a) dental treatment,
(b) hospital and convalescent home treatment,
(c) medical and surgical appliances,
(d) optical treatment and appliances,
(e) specialist medical and specialist surgical treatment,
(f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.
(3) The payments referred to in subsection (2) of this section shall not exceed in the aggregate such sums (subject to a limit of five hundred thousand pounds in each financial year) as may from time to time be agreed upon between the Minister and the Minister for Finance.
(4) This section shall remain in force until the day appointed under the next following subsection and shall then expire.
(5) The Minister may by order appoint a day to be the day on which this section expires.
Additional Rights to Benefit.
Increase of benefit for adult dependants.
26.—The weekly rate of disability benefit or unemployment benefit 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, or
(c) the beneficiary, being a single man or a widower, is maintaining wholly or mainly 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 benefit under this section in respect of more than one person specified in paragraph (c) of this section.
Increase of benefit for qualified child or each of two qualified children.
27.—(1) The weekly rate of disability benefit or unemployment benefit shall be increased by the amount set out in column (4) of Part I of the Third Schedule to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary.
(2) The weekly rate of a widow's (contributory) pension shall be increased by the amount set out in column (4) of Part I of the Third Schedule to this Act in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and who—
(a) normally resided with her or the husband immediately before the death of the husband, or
(b) being a child or step-child, or children or step-children, of the husband, became normally resident with her subsequent to the death of the husband.
(3) In this section, “the husband”, in relation to a woman who has been married more than once, refers only to her last husband.
Partial satisfaction of contribution conditions.
28.—(1) Subject to the provisions of this section, regulations may provide for entitling to disability benefit, unemployment benefit or marriage benefit persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied as respects the number of contributions paid or credited in a contribution year.
(2) Regulations for the purposes of this section shall provide that benefit payable by virtue thereof shall be payable at a rate, or shall be of an amount, less than that specified in the Third Schedule to this Act, and the rate or amount specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit in respect of a qualified child shall be the same as if the relevant contribution conditions had been fully satisfied.
Miscellaneous Provisions as to Benefit.
Claims and notices.
29.—(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.
(2) Regulations may provide for disqualifying a person—
(a) for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, and
(b) for the receipt of disability benefit if he fails, on becoming or again becoming incapable of work, to give the prescribed notice of that fact within the prescribed time,
but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made or notice may be given.
(3) For the purposes of this Part of this Act any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.
Disqualifications arising for woman on her marriage.
30.—Where a woman marries, she shall be disqualified for receiving maternity benefit (by virtue of her own insurance), disability benefit, unemployment benefit and treatment benefit until twenty-six employment contributions have been paid in respect of her subsequent to her marriage.
Absence from the State or imprisonment.
31.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that person—
(a) is absent from the State, or
(b) is undergoing penal servitude imprisonment or detention in legal custody.
(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 26 of this Act in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—
(a) is absent from the State, or
(b) is undergoing penal servitude, imprisonment or detention in legal custody.
(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) or (2) of this section which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.
(4) Notwithstanding a disqualification by virtue of subsection (1) of this section for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.
Overlapping benefits, etc.
32.—(1) Regulations may, with respect to cases in which more than one benefit or a benefit and any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provide—
(a) for adjusting any benefit or any pension, allowance or assistance such as aforesaid (including disallowing payment thereof either wholly or partly) that may be payable to such person, or
(b) for recoupment from the Fund to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received.
For the purposes of this subsection—
(i) an increase of benefit may be regarded as a separate benefit, and
(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.
(2) Regulations may provide for recoupment from the Fund to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which benefit was not received.
(3) Regulations may, with respect to cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—
(a) adjusting conditions for receipt of benefit,
(b) suspending the payment of benefit,
(c) reducing rates of benefit, or
(d) paying benefit otherwise than to that person.
(4) Regulations may provide for adjusting any disability benefit (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.
(5) Regulations may, with respect to cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—
(a) for adjusting disability benefit (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or
(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.
(6) In subsection (5) of this section—
“Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 and 1948, or the enactments repealed by the Workmen's Compensation Act, 1934 (No. 9 of 1934), or the enactments repealed by the Workmen's Compensation Act, 1906,
the reference to a person having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.
Benefit to be inalienable.
33.—(1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of the beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors.
(2) Any sum received by any person by way of benefit shall not be included in calculating his means for the purposes of section 6 of the Debtors Act (Ireland), 1872.
Exclusions in assessment of damages, etc.
34.—(1) In assessing damages in any action under the Fatal Accidents Acts, 1846 to 1908, whether commenced before or after the appointed day, there shall not be taken into account any widow's (contributory) pension or orphan's (contributory) allowance payable under this Act.
(2) In assessing damages in any action under the Employers' Liability Act, 1880, or at common law in respect of injury or disease or in computing the amount of compensation under sub-clause (ii) of clause (a) of paragraph (1) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 (No. 9 of 1934), whether proceedings to recover such damages or compensation have been commenced before or after the appointed day, there shall not be taken into account any benefit.
Supplementary.
Proceedings for benefit lost by employer's default.
35.—(1) Where an employer has failed or neglected—
(a) to pay any employment contribution which under this Act he is liable to pay in respect of an employed contributor in his employment, or
(b) to comply, in relation to any such employed contributor, with any requirement of this Act or regulations which relates to the payment or collection of employment contributions,
and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.
(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) of this section and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.
(3) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Act in respect of the same failure or neglect.
Provisions as to maintenance.
36.—Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part of this Act to be wholly or mainly maintaining another person.
Special provisions for voluntary contributors.
37.—(1) Notwithstanding any other provision of this Act, but subject to subsection (2) of this section, a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, marriage benefit, maternity benefit or treatment benefit.
(2) Notwithstanding subsection (1) of this section, any benefit mentioned in subsection (1) of this section may be granted to a voluntary contributor in such circumstances and subject to such limitations as may be prescribed.
Free certificates.
38.—(1) The Minister may arrange for the issue for the purposes of this Act of medical certificates or certificates of expected or actual confinement free of charge.
(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.
PART IV.
Finance, Administration and Legal Proceedings.
Finance.
Social Insurance Fund.
39.—(1) There shall be established a fund (to be called the Social Insurance Fund and in this Act referred to as the Fund) comprising a current account and an investment account.
(2) The Minister shall manage and control the current account of the Fund.
(3) The Minister for Finance shall manage and control the investment account of the Fund.
(4) Save where otherwise specifically provided—
(a) sums payable into the Fund shall be paid into the current account of the Fund, and
(b) sums payable out of the Fund shall be paid out of that account.
(5) Moneys standing to the credit of the current account of the Fund and not required to meet current expenditure shall be transferred to the investment account of the Fund.
(6) Whenever the moneys in the current account of the Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of the Fund such sums as may be necessary for the purpose of discharging those liabilities.
(7) Subject to subsection (6) of this section, moneys standing to the credit of the investment account of the Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.
(8) An investment pursuant to subsection (7) of this section may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities as are for the time being authorised by law as investments for Post Office Savings Bank funds.
(9) (a) The amount by which the income of the Fund for any financial year is less than its expenditure shall be paid into the Fund out of moneys provided by the Oireachtas.
(b) The income and expenditure of the Fund for a financial year shall be determined for the purposes of this subsection by the Minister on such basis as may be agreed upon between him and the Minister for Finance.
(10) Any sums payable into the Fund pursuant to paragraph (a) of subsection (9) of this section, shall be paid in such manner and at such times as the Minister for Finance may determine.
(11) Accounts of the Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.
Expenses of Minister, etc.
40.—(1) Any expenses incurred by the Minister or any other Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) There shall be paid to the Minister for Finance out of the Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister which relates to the scheme of social insurance established by this Act, and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.
(3) In estimating expenses for the purposes of subsection (2) of this section, there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.
Administration.
Deciding officers.
41.—The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.
Decisions by deciding officers.
42.—(1) Subject to the provisions of this Act and in accordance with any relevant regulations, every question arising—
(a) in relation to a claim for benefit,
(b) as to whether a person is disqualified for benefit,
(c) as to the period of any disqualification for benefit,
(d) as to whether an employment is insurable employment,
(e) as to what rate of employment contribution is payable by an employer in respect of an employed contributor,
(f) as to who is the employer of an employed contributor,
(g) as to whether a person is entitled to become a voluntary contributor, or
(h) on any such other matter relating to this Act as may be prescribed,
shall be decided by a deciding officer.
(2) A reference in this section to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not payable.
Appeals officers.
43.—(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of this Act, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister.
(2) One of the appeals officers shall be designated by the Minister to be the Chief Appeals Officer and another of them shall be designated by the Minister to act as the deputy for the Chief Appeals Officer when that Officer is not available.
(3) The Chief Appeals Officer shall be responsible for the distribution, amongst the appeals officers, of the references to them and for the prompt consideration of such references.
Appeals and references to appeals Officers.
44.—(1) If any person is dissatisfied with the decision given by a deciding officer under section 42 of this Act, the question shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.
(2) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him under section 42 to an appeals officer.
(3) Regulations may provide for the procedure to be followed on appeals and references under this section.
(4) An appeals officer, when deciding a question referred under subsection (1) of this section, shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.
(5) The decision of an appeals officer on any question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act which is referred to him under this section shall, subject to subsections (3) and (4) of section 46 of this Act, be final and conclusive.
(6) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.
(7) An appeals officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.
(8) A notice under subsection (7) of this section may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
(9) A person to whom a notice under subsection (7) of this section has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(10) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.
(11) (a) The Minister may appoint any person whom he considers suitable to sit as an assessor with an appeals officer when any question which appears to the Minister to require the assistance of assessors is heard.
(b) The Minister may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the prescribed manner from such panels to sit as aforesaid when any question which is of a class prescribed as being appropriate for the assistance of assessors is heard.
(c) Any matter referred to an appeals officer under this section and to be heard by the appeals officer sitting with any such assessor may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.
(12) The Minister may pay to assessors referred to in subsection (11) of this section such amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.
Reference or appeal to High Court.
45.—Where any question other than a question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act is referred to an appeals officer—
(a) the Minister may, on the request of the Chief Appeals Officer, refer the question for the decision of the High Court, and
(b) if the question is decided by an appeals officer, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.
Revision of decisions.
46.—(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made with respect to the law or the facts, or if it appears to him in a case where benefit has been payable that there has been any relevant change of circumstances since the decision was given, and the provisions of this Act as to appeals shall apply to such revised decision in the same manner as they apply to an original decision.
(2) The provisions of subsection (1) of this section shall not apply to a decision relating to a matter which is on appeal or reference under section 44 of this Act unless the revised decision would be in favour of a claimant for benefit.
(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him in a case where a claim for benefit has been allowed that there has been any relevant change of circumstances since the decision was given.
(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made with respect to the law or the facts, and, save where the question is a question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law.
(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows:—
(a) where benefit will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but, in a case in which the benefit is by way of periodical payment, the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be) continue to apply to any period covered by such original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate,
(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but any payment of benefit already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of paragraph (b) of subsection (2) of section 48 of this Act, as paid on account of another benefit) not be affected.
(6) A reference in this section to revision includes a reference to revision consisting of a reversal.
Administration of benefit.
47.—(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit, and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.
(2) Regulations made pursuant to this section as to the time of payment of benefit may—
(a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf,
(b) as respects widow's (contributory) pension, or orphan's (contributory) allowance provide, notwithstanding anything in this Act, for adjusting the commencement and termination of benefit, or of changes in the rate of benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,
(c) provide for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within six months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.
(3) Regulations may also provide—
(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under sixteen years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act, and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,
(b) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.
(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.
Interim payments, arrears and repayments.
48.—(1) Regulations may make provision as respects matters arising—
(a) pending the decision under this Act (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit or of any question affecting any person's right to benefit or to receipt thereof or any person's liability for contributions, or
(b) out of the effect of any appeal or revision of any decision under this Act on any such claim or question.
(2) Without prejudice to the generality of subsection (1) of this section, regulations made pursuant thereto may include provision—
(a) for the suspension of benefit where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,
(b) for treating any benefit paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit which it is decided was payable to him, or, in a case referred to in paragraph (a) of subsection (5) of section 46 of this Act, for the repayment of any such benefit and the recovery thereof by deduction from other benefit or otherwise.
Inspectors.
49.—(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be inspectors for the purposes of this Act.
(2) An inspector shall, for the purposes of the execution of this Act, have power to do all or any of the following things:—
(a) to enter at all reasonable times any premises or place liable to inspection under this section;
(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Act are being or have been complied with in any such premises or place;
(c) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Act on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;
(d) to exercise such other powers as may be necessary for carrying this Act into effect.
(3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person in insurable employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.
(4) If any person—
(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or
(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this section, or
(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, but no one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself.
(5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Act shall, if so required, produce the said certificate.
(6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed in insurable employment.
(7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, some other Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister, and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.
Birth, marriage and death certificates.
50.—(1) Where, for the purposes of this Act, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage, or death, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and, on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth, marriage, or death (as the case may be) of that person in the register of births, marriages, or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and deaths, and by every superintendent registrar or other person having the custody of the register.
(2) The Minister for Health may, with the consent of the Minister and of the Minister for Finance, by regulations appoint fees for the purposes of this section and different fees may be appointed for different certificates.
Exemption from stamp duty.
51.—Stamp duty shall not be chargeable on any cheque, pay order, or other document by which a payment of any benefit or of any refund, repayment or return pursuant to this Act is made, nor on any receipt given for any such payment.
Legal Proceedings.
General provisions as to offences.
52.—(1) If any person—
(a) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp, or
(b) affixes any used insurance stamp to any insurance card, or
(c) for the purpose of obtaining any benefit or other payment under this Act, whether for himself or some other person, or for any purpose connected with this Act—
(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
(2) Where a person aids, abets, counsels, or procures an employee of his to commit any offence referred to in paragraph (c) of subsection (1) of this section, or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
(3) If any employer fails to pay any employment contribution which he is liable under this Act to pay or deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, such employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(4) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the recovery on summary conviction of such offences of fines not exceeding specified amounts not exceeding ten pounds, together with, in the case of continuing offences, further such fines in respect of each of the days on which the offences are continued.
(5) In any proceedings under subsection (1) of this section with respect to used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way whatsoever and whether it has actually been used for the purpose of payment of a contribution or not.
(6) Nothing in this section or in any regulations pursuant thereto shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Fund.
General provisions as to prosecutions.
53.—(1) Proceedings for an offence under this Act or under regulations shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.
(2) A prosecution for an offence under this Act or regulations may be brought at the suit of the Minister.
(3) Notwithstanding any provision in any Act specifying the period within which summary proceedings may be commenced, proceedings in respect of an offence under this Act or under regulations may be commenced at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires.
(4) For the purposes of subsection (3) of this section, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
(5) In any proceedings for an offence under this Act or regulations, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against the said person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the said person.
Recovery of sums due to the Fund by civil proceedings.
54.—All sums due to the Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.
Application of Probation of Offenders Act, 1907.
55.—Where—
(a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and
(b) the Court proposes to make an order under subsection (1) of section 1 of the Probation of Offenders Act, 1907,
the Court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.
Certificate of decision by deciding officer or appeals officer.
56.—A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of the said decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.
Effect of decision under the Act.
57.—In any proceedings for an offence under this Act or regulations or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—
(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and
(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under the foregoing paragraph, the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
Priority of employment contributions in winding up and bankruptcy.
58.—(1) There shall be included among the debts which, under section 209 of the Companies (Consolidation) Act, 1908, are, in the distribution of the assets of a company being wound up to be paid in priority to all other debts, all employment contributions payable by the Company during the four months before the commencement of the winding up or the winding-up order, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.
(2) Subsection (1) of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.
(3) There shall be included among the debts which, under section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all employment contributions payable by the bankrupt or arranging debtor during the four months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under the said Act.
Married woman.
59.—A married woman shall, with respect to employment contributions—
(a) be capable of suing and being sued (including suing and being sued under section 35 of this Act), and
(b) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,
in all respects as if she were unmarried.
PART V.
Miscellaneous.
Grants to funds of superannuation schemes.
60.—(1) Regulations may provide that where, in the case of any group of employed persons—
(a) such persons are employed by the same person or are members of a trade union within the meaning of the Trade Union Acts, 1871 to 1949,
(b) such persons either are insured persons or would be insured persons but for regulations made for the purposes of paragraph (a) of subsection (5) of section 4 of this Act, and
(c) a superannuation scheme in a form approved of by the Minister has been set up for the benefit of such group,
the Minister may make grants to the funds of the superannuation scheme.
(2) Grants made pursuant to regulations for the purposes of this section and any expenses incurred by the Minister in carrying such regulations into effect shall be paid out of moneys provided by the Oireachtas and section 40 of this Act shall not apply in relation to such grants or expenses.
Widows' and orphans' (non-contributory) pensions.
61.—(1) Payments made on or after the appointed day in respect of a widow's (non-contributory) pension or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1952, shall be made out of moneys provided by the Oireachtas.
(2) Where, as respects a widow's (non-contributory) pension which is payable under the Widows' and Orphans' Pensions Acts, 1935 to 1952, and which includes an allowance in respect of children, the day from which the pension becomes payable is, or is after, the appointed day, the rate of the pension shall not exceed thirty-two shillings per week.
(3) In the application of section 55 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), in relation to any period beginning on or after the appointed day, the reference in subsection (1) of that section to the Widows' and Orphans' Pensions Fund shall be construed as a reference to moneys provided by the Oireachtas.
(4) In the application of subsection (1) of section 56 of the Widows' and Orphans' Pensions Act, 1935, in relation to any period beginning on or after the appointed day, that subsection shall be construed as if the words “and shall, in such case, pay to the Minister for Industry and Commerce out of the Widows' and Orphans' Pensions Fund a sum equal to the amount by which the arrears are so reduced” were omitted.
(5) In the application of subsection (3) of section 57 of the Widows' and Orphans' Pensions Act, 1935, to any sum repaid or recovered under that section in respect of any period beginning on or after the appointed day, that subsection shall be construed as if the words “or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct” were substituted for the words “the Widows' and Orphans' Pensions Fund”.
Provisions in respect of home assistance to beneficiaries.
62.—In granting home assistance to a person in receipt of or entitled to any benefit consisting of a periodical payment, a public assistance authority shall not take into consideration any such benefit payable, except so far as such benefit exceeds ten shillings per week.
Application of Pension Books (Prohibition of Alienation) Act, 1932.
63.—Every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication on such document and subsequent to the issue of such document any benefit under this Act is payable to such person shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said last-mentioned Act applies, and the said last-mentioned Act shall be construed and have effect accordingly.
Reciprocal arrangements.
64.—The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to insurance under this Act, and may by any such order make such adaptations of and modifications in this Act as he considers necessary.
Incorporated Insurance Industry Unemployment Insurance Board.
65.—(1) The Insurance Industry Unemployment Insurance Scheme (Board of Management) Order, 1923, and the Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923, are hereby revoked as on and from the appointed day.
(2) The Minister may do all such things as he considers necessary or expedient for the purpose of winding up the affairs of the Incorporated Insurance Industry Unemployment Insurance Board.
Termination and repeal of existing insurance codes and continuity of insurance and benefit.
66.—(1) No person shall on or after the appointed day be insured or deemed to be or treated as insured—
(a) under the National Insurance Act, 1911, or
(b) under the Unemployment Insurance Act, 1920, or any scheme under that Act, or
(c) under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935),
and accordingly, subject to the following provisions of this Act, the enactments set out in the Fifth Schedule to this Act as from that day are hereby repealed to the extent mentioned in the third column of that Schedule.
(2) Subject as aforesaid, the foregoing provisions of this Act shall, in relation to—
(a) persons (hereinafter in this Act referred to as existing contributors) who within the prescribed time before the appointed day are so insured or deemed to be or treated as so insured, and
(b) persons (hereinafter so referred to as existing beneficiaries)—
(i) to or in respect of whom immediately before that day any benefit, pension or allowance is, or would but for any disqualification be, payable under or by virtue of the enactments repealed by this Act, or
(ii) who then have, otherwise than as existing contributors or in respect of the insurance of existing contributors, any prospective right to or expectation of any benefit, pension or allowance under or by virtue of those enactments,
have effect with such modifications, additions and exceptions as may be prescribed for securing the continuity of this Act with those enactments or otherwise for the preservation of rights conferred under or by virtue of those enactments.
(3) Regulations under subsection (2) of this section shall, in particular, provide—
(a) as respects existing contributors, for modifying the conditions for receipt of benefit under this Act, whether by an existing contributor or in respect of his insurance by another, so as to take into account, for such purposes (including the purposes of all or some only of the benefits under this Act) and in such manner and subject to such conditions as may be prescribed, contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder,
(b) as respects existing beneficiaries, either—
(i) for substituting for any right to benefit, pension or allowance payable under or by virtue of the said enactments a right to such benefit under this Act as may be prescribed as corresponding thereto, or
(ii) for preserving any such right and giving effect thereto (whether under this Act or by continuing in whole or in part the operation of the said enactments in relation thereto),
but in any case subject to such (if any) modifications, exceptions and additions as appear to the Minister to be appropriate.
Transfers to the Fund in certain cases.
67.—(1) On the appointed day, all assets of any fund to which this section applies shall become assets of the Fund and all liabilities of such fund shall become liabilities of the Fund.
(2) For the purposes of subsection (1) of this section, the following provisions shall have effect—
(a) all assets of any fund to which this section applies being investments (including moneys in any investment account) held on behalf of such fund shall, on the appointed day, become transferred by virtue of this section to the investment account of the Fund,
(b) all assets of any fund to which this section applies (other than those transferred by the foregoing paragraph) which are capable of being transferred to the current account of the Fund shall, on the appointed day, become so transferred,
(c) all other assets of any fund to which this section applies shall, on and after the appointed day, be held by the Minister on behalf of the Fund,
(d) any investment transferred by paragraph (a) of this subsection which is standing in the books of any bank, corporation or company in the name of any person other than the Minister for Finance shall, upon the request of that Minister, be transferred in such books into the name of that Minister,
(e) any asset transferred by paragraph (b) of this subsection which is standing in the books of any bank, corporation or company in the name of any person other than the Minister shall, upon the request of the Minister, be transferred in such books into the name of the Minister,
(f) where any chose-in-action becomes under this section an asset of the Fund, it shall not be necessary to give notice of anything effected by this section to the person bound by such chose-in-action.
(3) In this section—
“assets” includes all property, whether real or personal (including choses-in-action);
“fund to which this section applies” means—
(a) any fund established under any enactment repealed by this Act, or
(b) the Pensions Investment Account under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), or
(c) the Insurance Fund under the Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923.
(4) In particular and without prejudice to the generality of subsection (3) of this section, any reference in this section to assets of a fund includes a reference to any sum (whether or not the amount thereof has been ascertained before the appointed day) which stands payable under any enactment repealed by this Act to that fund immediately before the appointed day, or would, but for the said repeal, become payable to that fund thereafter in relation to any period ending immediately before the appointed day or previously, and, if and in so far as may be necessary for the purpose of ascertaining any such sum on or after the appointed day and of transferring it into the Fund pursuant to this section, the said enactment shall be deemed not to have been repealed.
(5) The recurring liabilities, arising after the appointed day on account of the vesting which was effected by subsection (2) of section 8 of the Social Welfare Act, 1950 (No. 14 of 1950), of the Minister to the Minister for Finance may be discharged by a single payment by way of composition and the amount of the single payment shall be such as may be agreed upon between the Minister and the Minister for Finance.
Amendment of certain Acts.
68.—(1) As from the appointed day—
(a) the amendments specified in Part I of the Sixth Schedule shall be made in the Unemployment Assistance Act, 1933 (No. 46 of 1933),
(b) the amendment specified in Part II of the said Schedule shall be made in the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935),
(c) the amendments specified in Part III of the said Schedule shall be made in the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).
(2) In the case of any matter referred or reported, before the appointed day, to any umpire or court of referees in lieu of which provision is made by virtue of this section, any proceedings in relation to that matter shall not be affected by any amendment made by this section, except that, subject to the provisions of any regulations, any continuation of those proceedings, and any further proceedings in relation to that matter, shall be carried out as if the matter had been reported or referred in accordance with the relevant Act as amended by this section.
(3) The person who, immediately before the appointed day, stood appointed as the Umpire for the purposes of the Unemployment Insurance Act, 1920, shall be deemed to have been appointed on the appointed day under subsection (1), as amended by this section, of section 21 of the Unemployment Assistance Act, 1933, to be the Umpire for the purposes of the latter Act.
(4) As from the appointed day, the following provisions shall have effect in relation to subsection (3) of section 5 of the Unemployment Assistance (Amendment) Act, 1938 (No. 2 of 1938):—
(a) if the appointed day is a first day of April, the said subsection shall not apply in relation to the financial year in which the appointed day falls or any subsequent financial year,
(b) if the appointed day is not a first day of April—
(i) the said subsection shall not apply in relation to the financial year next following that in which the appointed day falls or any subsequent financial year,
(ii) as respects the financial year in which the appointed day falls, the said subsection shall be construed as if, in lieu of requiring the transfer to the Minister in that year of three hundred thousand pounds, it required the transfer to the Minister in the portion of that year prior to the appointed day of a sum bearing to three hundred thousand pounds the same proportion as the said portion bears to a year.
(5) As from the appointed day, the following provisions shall have effect in relation to the Social Welfare Act, 1950 (No. 14 of 1950):—
(a) if the appointed day is a first day of April, neither section 15 nor section 16 of that Act shall apply in relation to the financial year in which the appointed day falls or any subsequent financial year,
(b) if the appointed day is not a first day of April—
(i) neither section 15 nor section 16 of that Act shall apply in relation to the financial year next following that in which the appointed day falls or any subsequent financial year,
(ii) section 15 of that Act shall, as respects the financial year in which the appointed day falls, be construed as if, in lieu of deeming the amount expended on administration in that year to be the aggregate of two hundred and fifteen thousand pounds and the sum paid out of the Medical Certification Fund in that year, it deemed the amount so expended in the portion of that year prior to the appointed day to be the aggregate of an amount bearing to two hundred and fifteen thousand pounds the same proportion as the said portion bears to a year and the sum paid out of the Medical Certification Fund in respect of the said portion,
(iii) section 16 of that Act shall, as respects the financial year in which the appointed day falls, be construed as if, in lieu of requiring the payment in that year of two hundred and fifteen thousand pounds, it required the payment in respect of the portion of that year prior to the appointed day of a sum bearing to two hundred and fifteen thousand pounds the same proportion as the said portion bears to a year,
(c) if the appointed day is a first day of January—
(i) section 17 of that Act shall not apply in relation to the financial year next following or any subsequent financial year,
(ii) section 26 of that Act shall not apply in relation to the calendar year in which the appointed day falls or any subsequent calendar year,
(d) if the appointed day is not a first day of January—
(i) section 17 of that Act shall, in relation to the financial year next following the commencement of the calendar year in which the appointed day falls, be construed as if it required the payment of a sum bearing to fifteen thousand pounds the same proportion as the portion of that calendar year prior to the appointed day bears to a year and shall, in relation to any subsequent financial year, not apply,
(ii) section 26 of that Act shall not apply in relation to the calendar year next following that in which the appointed day falls or any subsequent calendar year,
(iii) section 26 of that Act shall, as respects the calendar year in which the appointed day falls, be construed as if, in lieu of requiring the payment in respect of that year of forty-four thousand pounds, it required the payment in respect of the portion of that year prior to the appointed day of a sum bearing to forty-four thousand pounds the same proportion as the said portion bears to a year.
(e) “Fund” in section 21 of that Act shall be construed as referring to the Social Insurance Fund under this Act except, in the case of the first and third occurrence of the word in subsection (3), with respect to payments made under the said section before the appointed day,
(f) the second paragraph (beginning with the words “For the purposes of this subsection”) of subsection (3) of section 21 of that Act shall cease to have effect.
(6) In subsection (5) of this section, a reference to a calendar year shall be construed as a reference to a year ending on a 31st day of December.
Power to make further consequential and transitional provisions, etc.
69.—(1) Without prejudice to any specific power conferred by any of the three last foregoing sections, regulations may be made for facilitating their operation or the introduction of the system of insurance established by this Act, including, in particular, regulations providing—
(a) for modifying, as respects the period before the appointed day, any provisions of or made under any enactment repealed or amended by the foregoing provisions of this Part of this Act, or
(b) for making any savings or additional savings from the effect of any repeal or amendment effected by this Act.
(2) Any scheme for the provision of pensions or other benefits (excluding any scheme established by any enactment repealed by this Act but including any other scheme established by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified or wound-up in connection with the passing of this Act either—
(a) by agreement between the different parties concerned in such scheme, or
(b) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry and Commerce.
Special provision for persons formerly insured voluntarily.
70.—Where a person was, immediately before the appointed day, insured voluntarily under the National Insurance Act, 1911, such person shall, on making application in the prescribed manner and within the prescribed period commencing on the appointed day and provided that he has not become an employed contributor, be entitled to become a voluntary contributor.
Power to remove difficulties.
71.—(1) If in any respect any difficulty arises in bringing into operation this Act, the Minister may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may appear necessary or expedient for carrying the order into effect.
(2) Every order made by the Minister 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 such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
(3) No order may be made under this section after the expiration of one year after the appointed day.
Appointed day.
72.—(1) In this Act “the appointed day” means, subject to the following provisions of this section, such day as the Minister may by order appoint and different days may be appointed for different purposes of this Act or for the same purpose in relation to different cases or classes of case.
(2) Any order under subsection (1) of this section may, if the day thereby appointed is appointed for some only of the purposes of this Act or in relation only to some cases or classes of case, contain such incidental or supplementary provisions as appear to the Minister to be necessary or expedient as respects the period when this Act is to have a partial operation only, or as respects the transition from that period to the period when this Act is in full operation.
(3) Without prejudice to the generality of subsection (2) of this section, the provisions which may be made thereunder include, in particular, provision for modifying and supplementing, in relation to the period to which the order in question is to apply, the provisions of this Act and (where the repeal or amendment has not yet taken effect) of any Act repealed or amended by this Act; and the modifications of this Act which may be made by such order include provisions limiting the persons to be insured during any period during which this Act is to operate as respects some only of the benefits thereby conferred and reducing the rates of any contributions payable for any such period.
(4) Any such order as is mentioned in this section may be varied or revoked by a subsequent order appointing a day or a different day for the purposes of this Act.
PART VI.
Additional Provisions.
Chapter I.
General.
Act of 1948.
73.—In this Part of this Act, “the Act of 1948” means the Social Welfare Act, 1948 (No. 17 of 1948).
Collective citations.
74.—(1) The Old Age Pensions Acts, 1908 to 1951, and Chapter II of this Part of this Act may be cited together as the Old Age Pensions Acts, 1908 to 1952.
(2) The National Health Insurance Acts, 1911 to 1950, and Chapter III of this Part of this Act may be cited together as the National Health Insurance Acts, 1911 to 1952.
(3) The Unemployment Insurance Acts, 1920 to 1948, and Chapter IV of this Part of this Act may be cited together as the Unemployment Insurance Acts, 1920 to 1952.
(4) The Unemployment Assistance Acts, 1933 to 1948, and Chapter V of this Part of this Act may be cited together as the Unemployment Assistance Acts, 1933 to 1952.
(5) The Widows' and Orphans' Pensions Acts, 1935 to 1948, and Chapter VI of this Part of this Act may be cited together as the Widows' and Orphans' Pensions Acts, 1935 to 1952.
Overlapping pensions, etc.
75.—(1) Regulations may, with respect to cases in which two or more of the following, that is to say, any benefit, pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the National Health Insurance Acts, 1911 to 1952, the Unemployment Insurance Acts, 1920 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provide for adjusting any benefit, pension, allowance or assistance such as aforesaid (including disallowing payment thereof wholly or partly) that may be payable to such person.
For the purposes of this subsection—
(i) an increase of benefit may be regarded as a separate benefit, and
(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.
(2) Regulations may provide for the recoupment from moneys provided by the Oireachtas to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, or the Children's Allowances Acts, 1944 and 1946, was not received.
Chapter II.
Amendments of Old Age Pensions Acts, 1908 to 1951.
Interpretation (Chapter II, Part VI).
76.—(1) In this Chapter—
“the Act of 1924” means the Old Age Pensions Act, 1924 (No. 19 of 1924);
“the Act of 1932” means the Old Age Pensions Act, 1932 (No. 18 of 1932);
“the Act of 1951” means the Social Welfare Act, 1951 (No. 16 of 1951);
“the Acts” means the Old Age Pensions Acts, 1908 to 1951;
“pension” means a pension under the Acts.
(2) This Chapter shall be construed as one with the Acts.
Rates of pensions.
77.—(1) As from the 4th day of July, 1952, the rates of 20 shillings, 15 shillings, 10 shillings and 5 shillings set forth in the Table to subsection (1) of section 4 of the Act of 1951 shall each be increased by one shilling and sixpence.
(2) As from the 2nd day of January, 1953, a pension shall, subject to section 13 of the Act of 1948 as amended by this section, be at the rate set forth in the Table to this subsection in lieu of the rate fixed by section 4 of the Act of 1951 as amended by subsection (1) of this section.
TABLE.
Rate of Pension.
Means of Claimant or Pensioner | Rate of pension per week | ||||||||||||
s. | d. | ||||||||||||
Where the yearly means of the claimant or pensioner as duly calculated— | |||||||||||||
do not exceed £52 10s. 0d. | 21 | 6 | |||||||||||
exceed | £52 | 10s. | 0d. | but | do | not | exceed | £65 | 10s. | 0d. | 16 | 6 | |
” | £65 | 10s. | 0d. | ” | ” | ” | ” | £78 | 10s. | 0d. | 11 | 6 | |
” | £78 | 10s. | 0d. | ” | ” | ” | ” | £104 | 15s. | 0d. | 6 | 6 | |
” | £104 | 15s. | 0d. | No pension | |||||||||
(3) As from the 2nd day of January, 1953, means of a claimant or pensioner shall, in lieu of being calculated in accordance with the provisions theretofore applicable, be calculated in accordance with the rules contained in the Seventh Schedule to this Act.
(4) As from the 2nd day of January, 1953—
(a) “one hundred and four pounds fifteen shillings” shall be substituted for “sixty-five pounds five shillings” in subsection (1) of section 8 of the Act of 1924, as amended by section 4 of the Act of 1951;
(b) the reference in paragraph (a) of subsection (2) of section 13 of the Act of 1948 to Chapter II of Part II of that Act shall be construed as including a reference to subsection (2) of this section.
Review and prospective adjustment of pensions.
78.—(1) In this section—
“existing pension” means a pension which—
(a) is payable at the date of the passing of this Act, or
(b) commences to accrue before the 2nd day of January, 1953;
“the appropriate new weekly rate” means, in relation to an existing pension, a weekly rate which, having regard to subsection (2) of section 77 of this Act, will, if such pension continues to be payable after the 1st day of January, 1953, be applicable to such pension.
(2) Every pension officer shall, as soon as may be after the passing of this Act, proceed to review every existing pension in his area and shall, subject to subsection (3) of this section, adjust, with effect as from the 2nd day of January, 1953, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the 1st day of January, 1953, shall, subject to the provisions of the Acts and this Chapter of this Part of this Act, be payable as on and from the 2nd day of January, 1953, at the weekly rate to which it is so adjusted.
(3) (a) For the purposes of the review and adjustment of an existing pension under this section, the reference to the yearly means of the pensioner, contained in the Table to subsection (2) of section 77 of this Act, shall be construed as a reference to the yearly means of the pensioner as they stood determined at the date of the review and adjustment.
(b) Where an existing pension is, by virtue of section 13 of the Act of 1948, payable at a rate which equals or exceeds the appropriate new weekly rate, the pension shall not be adjusted under this section.
Maximum pension for certain widows.
79.—(1) Where—
(a) a woman is entitled under Part III of this Act to a widow's (contributory) pension immediately before the date on which she attains the age of seventy years, or
(b) a woman, who is over the age of seventy years at the date of the death of her husband, would, if she had been under that age at that date, have become entitled under Part III of this Act to a widow's (contributory) pension,
such woman shall be entitled to a pension at the maximum rate for the time being in force notwithstanding that any of the relevant statutory conditions as to means and residence is not satisfied in her case.
(2) Where, by virtue of this section, a pension would, but for the provisions of section 5 of the Old Age Pensions Act, 1911, as amended by section 4 of the Old Age Pensions Act, 1932 (No. 18 of 1932), be payable to a woman, such pension shall, notwithstanding the said provisions, be payable to such woman if she is resident in any of the countries approved of by the Minister for the purposes of this section.
Amendment of statutory condition as to residence.
80.—(1) The Act of 1932 is hereby amended—
(i) by the substitution in subsection (1) of section 2 of the words “fifteen years” for the words “thirty years” and of the words “five years of that period were subsequent to his attaining the age of fifty years, or in the case of any other person five years of that period were a continuous period ending immediately before the date of the application for an old age pension” for the words “six years, or in the case of any other person not less than sixteen years of that period were subsequent to his attaining the age of fifty years,”
(ii) by the substitution in paragraph (c) of section 6 of the words “five years” and “fifteen years” for the words “six years” and “sixteen years” respectively.
(2) Where a woman was, immediately before she attained the age of seventy years, entitled to a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1952, it shall not be necessary for the statutory condition imposed by subsection (1) of section 2 of the Act of 1932, as amended by this section, to be satisfied in her case.
(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.
Attainment of age.
81.—(1) For the purposes of the Old Age Pensions Acts, 1908 to 1952, a person shall be deemed not to have attained the age of seventy years until the commencement of the seventieth anniversary of the day of his birth, and similarly with respect to any other age.
(2) Section 1 of the Old Age Pensions Act, 1911, is hereby repealed.
(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.
Saver.
82.—No person, who was immediately before the 2nd day of January, 1953, entitled to a pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if subsections (2) and (3) of section 77 of this Act had not been enacted.
Reciprocal arrangements.
83.—The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to pensions, and may by any such order make such adaptations of and modifications in the Old Age Pensions Acts, 1908 to 1952, as he considers necessary.
Application of certain provisions of this Act.
84.—Regulations may apply any of the provisions of or made under sections 29 and 43 to 48 of this Act to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.
Chapter III.
Amendments of National Health Insurance Acts, 1911 to 1950.
Interpretation (Chapter III, Part VI).
85.—(1) In this Chapter, “the Principal Act” means the National Insurance Act, 1911.
(2) This Chapter shall be construed as one with the National Health Insurance Acts, 1911 to 1950.
Rates of sickness and disablement benefits.
86.—(1) The ordinary rate of sickness benefit, throughout the whole period of twenty-six weeks, and the rate of disablement benefit, shall be—
(a) the sum of twenty-four shillings a week in the case of a man, single woman or widow or 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 each of two qualified children or for a husband, and
(b) the sum of eighteen shillings a week in the case of any other married woman.
(2) In subsection (1) of section 12 of the National Health Insurance Act, 1918 (as amended by subsection (3) of section 18 of the Act of 1948), the words “eighteen shillings” shall be substituted both for the words “sixteen shillings and sixpence” and for the words “thirteen shillings and sixpence”.
(3) The weekly rate of sickness benefit or disablement benefit shall be increased by twelve shillings in the case of a person to whom paragraph (a) of subsection (1) or subsection (2) of this section relates for any period during which—
(a) such person is living with or wholly or mainly maintaining his wife, or
(b) such person is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or
(c) such person, being a single man or widower, is maintaining wholly or mainly 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 such person shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person specified in paragraph (c) of this subsection.
(4) The weekly rate of sickness benefit or disablement benefit shall be increased in the case of a person referred to in paragraph (a) of subsection (1) or subsection (2) of this section by seven shillings in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary.
(5) Section 18 of the Act of 1948 is hereby repealed.
(6) No person who was immediately before the 7th day of July, 1952, entitled to sickness benefit or disablement benefit shall receive less by way of sickness benefit or disablement benefit than he would have received if this section had not been enacted.
(7) Regulations may provide for adjusting any sickness or disablement benefit (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.
(8) There shall be paid into the National Health Insurance Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 7th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(9) Subsections (1) to (8) of this section shall come into operation on the 7th day of July, 1952.
Rates of contributions.
87.—(1) The contributions payable under the Principal Act in respect of employed contributors shall be at the rates set out in the Table to this subsection, instead of the rates specified in section 16 of the Act of 1948, and references in any enactment to Part II of the Second Schedule to the Principal Act shall be construed as references to the Table to this subsection:
TABLE.
Rates of Contributions in Respect of Employed Contributors.
In the case of both men and women | 1s. 2d. a week. |
Contributions by Employers and Employed Contributors.
To be paid by the employer | 7d. a week. |
To be paid by the employed contributor (man or woman) | 7d. a week. |
(2) Subsection (1) of section 16 of the Act of 1948 is hereby repealed.
(3) Subsections (1) and (2) of this section shall come into operation on the 6th day of October, 1952.
Chapter IV.
Amendments of Unemployment Insurance Acts, 1920 to 1948.
Interpretation (Chapter IV, Part VI).
88.—(1) In this Chapter—
“the Acts” means the Unemployment Insurance Acts, 1920 to 1948;
“the Principal Act” means the Unemployment Insurance Act, 1920;
“the Scheme” means The Insurance Industry Unemployment Insurance Scheme established under the Acts.
(2) This Chapter shall be construed as one with the Acts.
Amendment of paragraph 1 of Second Schedule to Principal Act.
89.—(1) In the Second Schedule to the Principal Act, there shall be substituted, for paragraph 1 (inserted by section 26 of the Act of 1948), the following paragraph:—
“1. Unemployment benefit shall be payable in respect of each week of any continuous period of unemployment after the first week of unemployment and shall, in the case of recipients of any class set out in column (2) of the Table to this paragraph at any reference number, be at the weekly rate set out in column (3) of the said Table at that reference number.
TABLE.
Ref. No. | Class of recipient. | Weekly rate of benefit. | |
(1) | (2) | (3) | |
s. | d. | ||
1 | Person aged eighteen years or over who is 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 by virtue of the Unemployment Insurance Act, 1922, to an increase for a child or each of two children or for a husband | 24 | 0 |
2 | Any other married woman or any person under the age of eighteen | 18 | 0 |
”
(2) There shall be paid into the Unemployment Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 3rd day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(3) Subsections (1) and (2) of this section shall come into operation on the 3rd day of July, 1952.
Amendment of section 1 of Unemployment Insurance Act, 1922, and paragraph 4 of Second Schedule to Scheme.
90.—(1) Subsection (1) of section 1 of the Unemployment Insurance Act, 1922, shall be construed and have effect—
(a) as if for the words “seven shillings and sixpence” (inserted by section 29 of the Act of 1948), where they occur, there were substituted the words “twelve shillings”, and
(b) as if for the words “two shillings and sixpence” (inserted by section 29 of the Act of 1948) there were substituted the words “seven shillings” and as if after the words “in respect of each such child” there were inserted the words “subject to a maximum of two children”.
(2) Paragraph 4 of the Second Schedule to the Scheme shall be construed and have effect—
(a) as if for the words “seven shillings and sixpence” (inserted by section 29 of the Act of 1948), where they occur, there were substituted the words “twelve shillings”, and
(b) as if for the words “two shillings and sixpence” (inserted by section 29 of the Act of 1948) there were substituted the words “seven shillings” and as if after the words “in respect of each such child” there were inserted the words “subject to a maximum of two children”.
(3) There shall be paid into the Unemployment Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from subsection (1) of this section during the period beginning on the 3rd day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(4) Subsections (1), (2) and (3) of this section shall come into operation on the 3rd day of July, 1952.
Alteration of rates of contributions.
91.—(1) The contributions payable under the Acts in respect of employed persons by those persons and by their employers respectively shall, in lieu of the rates fixed by subsection (1) of section 28 of the Act of 1948, be at the respective rates set out in columns (3) and (4) of the Table to this subsection:—
TABLE.
Weekly rates of contributions payable by employed persons and employers.
Ref. No. | Class of employed person. | Weekly rate of contributions. | |||
By the employer | By the employed person | ||||
(1) | (2) | (3) | (4) | ||
s. | d. | s. | d. | ||
1 | Male | 1 | 1 | 1 | 1 |
2 | Female | 0 | 9 | 0 | 7 |
(2) Subsection (1) of this section shall come into operation on the 6th day of October, 1952.
Cesser.
92.—Section 3 of the Principal Act and paragraph (b) of Part II of the First Schedule thereto, so far as that paragraph relates to male persons, shall cease to have effect as on and from the 6th day of October, 1952.
Chapter V.
Amendments of Unemployment Assistance Acts, 1933 to 1948.
Interpretation (Chapter V, Part VI).
93.—(1) In this Chapter—
“the Acts” means the Unemployment Assistance Acts, 1933 to 1948;
“the Principal Act” means the Unemployment Assistance Act, 1933 (No. 46 of 1933);
“the Act of 1935” means the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935);
“the Act of 1940” means the Unemployment Assistance (Amendment) Act, 1940 (No. 4 of 1940).
(2) This Chapter shall be construed as one with the Acts.
Amendment of section 10 of Principal Act.
94.—(1) In subsection (3) of section 10 of the Principal Act—
(I) the following paragraph shall be substituted for paragraph (a):—
“(a) that he is at the date of the application resident in the State and has at any time been resident in the State for a continuous period of at least six months;”
(II) the following paragraph shall be substituted for paragraph (c):—
“(c) that his means, calculated in accordance with this Act, do not exceed, in case he is resident in an urban area, ninety-eight pounds and sixteen shillings or, in case he is resident elsewhere in the State, seventy-two pounds and sixteen shillings per annum;”.
(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.
Amendment of section 15 of Principal Act.
95.—(1) In paragraph (e) of subsection (1) of section 15 of the Principal Act (being the paragraph inserted by subsection (1) of section 7 of the Act of 1940), the words “any urban area” shall be substituted for the words “such urban area” in subparagraphs (i), (ii) and (iii).
(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.
Amendment of section 19 of Principal Act.
96.—(1) In paragraph (a) of section 19 of the Principal Act the word “three” shall be substituted for the word “six”.
(2) Subsection (1) of this section shall come into operation on the appointed day.
Alteration of rates of unemployment assistance.
97.—(1) In the Principal Act, there shall be substituted as the Schedule thereto, in lieu of the Schedule inserted by subsection (2) of section 32 of the Act of 1948, the following:—
“SCHEDULE.
Rates of Unemployment Assistance.
Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable | Rate of unemployment assistance applicable to persons resident in any urban area | Rate of unemployment assistance applicable to persons resident in any other place | ||
per week | per week | |||
s. | d. | s. | d. | |
Person without a dependant | 18 | 0 | 12 | 0 |
Person with an adult dependant | 28 | 0 | 20 | 0 |
Person with an adult dependant and one child dependant | 33 | 0 | 24 | 0 |
Person with an adult dependant and two or more child dependants | 38 | 0 | 28 | 0 |
Person with one child dependant | 23 | 0 | 16 | 0 |
Person with two or more child dependants | 28 | 0 | 20 | 0 |
”
(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.
Amendment of section 4 of Act of 1935.
98.—(1) The following subsections shall be substituted for subsection (1) of section 4 of the Act of 1935:—
“(1) During the period beginning on the 25th day of June, 1952, and ending on the day before the day specified by order under subsection (1A) of this section, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—
the expression ‘adult dependant’ means—
(a) in the case of a married man, his wife if she is living with him or is being maintained wholly or mainly by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the Insurance Industry Unemployment Insurance Scheme established under the Unemployment Insurance Acts, 1920 to 1948, or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit,
(b) in the case of a married woman, her husband if he is prevented by physical or mental infirmity from supporting himself and is being maintained wholly or mainly by her, and
(c) in the case of a widower or an unmarried man, any female person who is residing with him for the purpose of having the care of his child dependants and is being maintained by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the said Insurance Industry Unemployment Insurance Scheme or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit;
the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of fourteen years and is maintained wholly or mainly at that person's cost or who has attained the age of fourteen years and has not attained the age of sixteen years and is so maintained and is under full-time instruction in a day school;
references to dependants shall be construed as references to adult dependants or child dependants, as the case may require.
(1A) On and after such day as the Minister may specify by order under this subsection, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—
the expression ‘adult dependant’ means—
(a) in the case of a married man, his wife if she is living with him or wholly or mainly maintained by him,
(b) in the case of a married woman, her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and
(c) in the case of a widower or an unmarried man, any female person (being a person who has attained the age of sixteen years) having the care of his child dependants and wholly or mainly maintained by him;
the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of sixteen years and is ordinarily resident in the State and is not detained in a reformatory or an industrial school and normally resides with that person;
references to dependants shall be construed as references to adult dependants or child dependants, as the case may require;
a child becoming adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this subsection) shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person;
any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection.”
(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.
Attainment of age.
99.—(1) For the purposes of the Unemployment Assistance Acts, 1933 to 1952, a person shall be deemed not to have attained the age of eighteen years until the commencement of the eighteenth anniversary of the day of his birth, and similarly with respect to any other age.
(2) Subsection (1) of this section shall come into operation on the appointed day.
Residence.
100.—(1) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be deemed to be resident or ordinarily resident in such urban area.
(2) The following are hereby repealed:—
(i) Paragraph (b) of subsection (1) of section 17 of the Principal Act as amended by subsection (1) of section 32 of the Act of 1948,
(ii) sections 33 and 34 of the Act of 1948.
(3) Subsections (1) and (2) of this section shall come into operation on the 25th day of June, 1952.
Application of certain provisions of this Act.
101.—Regulations may apply any of the provisions of or made under sections 29 and 41 to 48 of this Act to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.
Chapter VI.
Amendments of Widows' and Orphans' Pensions Acts, 1935 to 1948.
Interpretation (Chapter VI, Part VI).
102.—(1) In this Chapter—
“the Acts” means the Widows' and Orphans' Pensions Acts, 1935 to 1948;
“the Principal Act” means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).
(2) This Chapter shall be construed as one with the Acts.
Composition and rates of widows' (contributory) pensions.
103.—(1) The following section shall be inserted in the Principal Act in lieu of section 10 (inserted by section 41 of the Act of 1948):—
“10.—(1) A widow's (contributory) pension payable to the widow of an insured person shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:—
TABLE.
Weekly rates of widows' (contributory) pensions.
Widow, no qualified child | Widow, one qualified child | Widow, two or more qualified children |
(1) | (2) | (3) |
24 shillings | 31 shillings | 38 shillings |
(2) In applying the Table to subsection (1) of this section—
(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,
(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,
(c) column (1) shall have effect in any other case.
(3) In this Act—
references to a child's (contributory) allowance shall be construed—
(a) in a case in which column (2) of the Table to subsection (1) of this section has effect—as referring to so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),
(b) in a case in which column (3) of the Table to subsection (1) of this section has effect—as referring to each half of so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1);
references to a widow's (contributory) allowance shall be construed—
(a) in a case in which column (1) of the Table to subsection (1) of this section has effect—as referring to the whole of the widow's (contributory) pension,
(b) in any other case—as referring to so much of the widow's (contributory) pension as does not consist of any child's (contributory) allowance.”
(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.
Rates of orphans' (contributory) pensions.
104.—(1) The following section shall be inserted in the Principal Act in lieu of section 12 (inserted by section 42 of the Act of 1948):—
“12. An orphan's (contributory) pension shall be at the rate of ten shillings a week.”
(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.
Composition and rates of widows' (non-contributory) pensions.
105.—(1) The following section shall be inserted in the Principal Act in lieu of section 20 (inserted by section 48 of the Act of 1948):—
“20.—(1) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—
(a) as respects the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953—at the rate set forth in Table A to this subsection, and
(b) as on and from the 2nd day of January, 1953—at the rate set forth in Table B to this subsection.
TABLE A.
Weekly rates of widows' (non-contributory) pensions.
Widow, no qualified child | Widow, one qualified child | Widow, two or more qualified children |
(1) | (2) | (3) |
20 shillings | 26 shillings | 32 shillings |
TABLE B.
Weekly rates of widows' (non-contributory) pensions.
Weekly rates | |||||||||||||
Means of Widow | Widow, no qualified child | Widow, one qualified child | Widow, two or more qualified children | ||||||||||
(1) | (2) | (3) | (4) | ||||||||||
shillings | shillings | shillings | |||||||||||
Where the yearly means of the widow as duly calculated— | |||||||||||||
do not exceed £52 10s. 0d. | 20 | 26 | 32 | ||||||||||
exceed | £52 | 10s. | 0d. | but | do | not | exceed | £65 | 10s. | 0d. | 15 | 21 | 27 |
” | £65 | 10s. | 0d. | ” | ” | ” | ” | £78 | 10s. | 0d. | 10 | 16 | 22 |
” | £78 | 10s. | 0d. | ” | ” | ” | ” | £104 | 15s. | 0d. | 5 | 11 | 17 |
” | £104 | 15s. | 0d. | ” | ” | ” | ” | £117 | 15s. | 0d. | No pension | 6 | 12 |
” | £117 | 15s. | 0d. | ” | ” | ” | ” | £130 | 15s. | 0d. | No pension | No pension | 6 |
” | £130 | 15s. | 0d. | No pension | No pension | No pension | |||||||
(2) Means of a widow shall, on and after the 2nd day of January, 1953, be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.
(3) In applying Table A to subsection (1) of this section—
(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,
(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,
(c) column (1) shall have effect in any other case.
(4) In applying Table B to subsection (1) of this section—
(a) columns (1) and (3) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,
(b) columns (1) and (4) shall have effect in case there are two or more qualified children who normally reside with the widow and who—
(i) normally resided with her or the husband immediately before the death of the husband, or
(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,
(c) columns (1) and (2) shall have effect in any other case.
(5) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 5th day of July, 1952, and ending on the 4th day of October, 1952, by the widow of a man who died before the 4th day of July, 1952, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 4th day of July, 1952.
(6) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 3rd day of January, 1953, and ending on the 2nd day of April, 1953, by the widow of a man who died before the 2nd day of January, 1953, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 2nd day of January, 1953.
(7) In this Act—
references to a child's (non-contributory) allowance shall be construed—
(a) in a case in which column (2) of Table A to subsection (1) of this section has effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),
(b) in a case in which column (3) of Table A to subsection (1) of this section has effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1),
(c) in a case in which columns (1) and (3) of Table B to subsection (1) of this section have effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (3) over the corresponding amount (including any nil amount) specified in column (2),
(d) in a case in which columns (1) and (4) of Table B to subsection (1) of this section have effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (4) over the corresponding amount (including any nil amount) specified in column (2);
references to a widow's (non-contributory) allowance shall be construed—
(a) in a case in which column (1) of Table A or columns (1) and (2) of Table B to subsection (1) of this section have effect—as referring to the whole of the widow's (non-contributory) pension,
(b) in any other case—as referring to so much (if any) of the widow's (non-contributory) pension as does not consist of any child's (non-contributory) allowance.”
(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.
Rates of orphans' (non-contributory) pensions.
106.—(1) The following section shall be inserted in the Principal Act in lieu of section 25 (inserted by section 53 of the Act of 1948):—
“25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:
TABLE.
Weekly rates of orphans' (non-contributory) pensions.
Means of orphan | Weekly rates | ||||||||||||
Where the yearly means of the orphan as duly calculated— | s. | d. | |||||||||||
do not exceed £6 12s. 6d. | 10 | 0 | |||||||||||
exceed | £6 | 12s. | 6d. | but | do | not | exceed | £13 | 2s. | 6d. | 7 | 6 | |
” | £13 | 2s. | 6d. | ” | ” | ” | ” | £19 | 12s. | 6d. | 5 | 0 | |
” | £19 | 12s. | 6d. | ” | ” | ” | ” | £26 | 5s. | 0d. | 2 | 6 | |
” | £26 | 5s. | 0d. | No pension | |||||||||
” | |||||||||||||
(2) Means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.
(3) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.
(4) Subsections (1), (2) and (3) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 38 of and Second Schedule to Principal Act.
107.—(1) Subsection (1) of section 38 of the Principal Act is hereby amended by the deletion of—
(i) the words “subject to the provisions of paragraph (b) of this subsection”,
(ii) the words “Part I of” in paragraph (a),
(iii) the word “and” at the end of paragraph (a), and
(iv) paragraph (b).
(2) Subsection (3) of section 38 of the Principal Act is hereby amended by the deletion of—
(i) the words “or wholly by the employer”,
(ii) the words “Part of the”, and
(iii) the words “applicable to the case”.
(3) There shall be inserted in the Principal Act in lieu of the Second Schedule (inserted by section 45 of the Act of 1948) thereto the following:—
“SECOND SCHEDULE.
Rates of Contributions.
Rate of Contribution per week | Payable in case of employed persons | |||||
By the employer | By the employed person | |||||
s. | d. | s. | d. | s. | d. | |
Contributions in the case of men | 1 | 4 | 0 | 8 | 0 | 8 |
Contributions in the case of women | 0 | 10 | 0 | 8 | 0 | 2 |
”
(4) Subsections (1), (2) and (3) of this section shall come into operation on the 6th day of October, 1952.
Amendment of section 40 of Principal Act.
108.—(1) In subsection (1) of section 40 of the Principal Act the words “one shilling and four pence” shall be inserted in lieu of the words “eleven pence and one half-penny” (inserted by section 46 of the Act of 1948).
(2) In subsection (3) of section 40 of the Principal Act, the words “eight pence” shall be inserted in lieu of the word “six-pence” (inserted by section 46 of the Act of 1948).
(3) Subsections (1) and 2) of this section shall come into operation on the 6th day of October, 1952.
Amendment of section 3 of Principal Act.
109.—(1) The following section shall be inserted in the Principal Act in lieu of section 3:—
“3. (1) In this Act and in the Seventh Schedule to the Social Welfare Act, 1952, as applied by the Act—
‘orphan’ means—
(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or
(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband;
‘qualified child’ means a person who—
(a) is under the age of sixteen years,
(b) is ordinarily resident in the State, and
(c) is not detained in a reformatory or an industrial school;
‘the husband’, in relation to a woman who has been married more than once, refers only to her last husband.
(2) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this section), for the purposes of this Act—
(a) the child shall thereafter be treated as if he were the the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and
(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of ‘orphan’ contained in subsection (1) of this section, ‘the parent of whom is dead’ shall be substituted in paragraph (a) of that definition for ‘both of whose parents are dead’.
(3) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act and of the Seventh Schedule to the Social Welfare Act, 1952, as applied by this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection, but no qualified child in respect of whom, on the 3rd day of July, 1952, an allowance was payable under this Act shall be considered as not satisfying the requirements as to normal residence.
(4) Where a child would be a qualified child but for being ordinarily resident in an appointed country, he shall be treated, for the purposes of Part II of this Act, as if he were a qualified child.”
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 11 of Principal Act.
110.—(1) Section 11 of the Principal Act is hereby amended by the deletion of paragraph (b).
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 14 of Principal Act.
111.—(1) Section 14 of the Principal Act, as amended by section 10 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), is hereby further amended—
(a) by the deletion in subsection (1) of the words “So much (if any) of” and of the words “as consists of the widow's (contributory) allowance” and by the substitution in that subsection of the words “the said pension” for the words “the said widow's (contributory) allowance”, and
(b) by the deletion of subsection (2).
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 21 of Principal Act.
112.—(1) Section 21 of the Principal Act (as inserted by section 49 of the Act of 1948) is hereby amended by the deletion of the words “of such man” and by the substitution of the words “who is a qualified child normally residing with her and who normally resided with her or the husband immediately before the death of the husband or, being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband” for the words “under the appointed age”.
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 23 of Principal Act.
113.—(1) Section 23 of the Principal Act, as amended by section 15 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 51 of the Act of 1948, is hereby further amended—
(a) by the deletion of subsections (1) and (2), and
(b) by the deletion in subsection (4) of the words “net weekly” and the substitution in that subsection of the words “section 20 of this Act (inserted by section 105 of the Social Welfare Act, 1952)” for the words “this section”.
(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.
Amendment of section 24 of Principal Act.
114.—(1) Section 24 of the Principal Act (as inserted by section 52 of the Act of 1948) is hereby amended by the deletion of the words “who is for the time being under the appointed age”.
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 26 of Principal Act.
115.—(1) Section 26 of the Principal Act, as amended by section 17 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 54 of the Act of 1948, is hereby further amended—
(a) by the deletion of subsections (1) and (2), and
(b) by the deletion in subsection (5) of the words “net weekly” and the substitution in that subsection of the words “section 25 of this Act (inserted by section 106 of the Social Welfare Act, 1952)” for the words “this section”.
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Cesser of section 28 of Principal Act.
116.—Section 28 of the Principal Act shall cease to have effect as on and from the 4th day of July, 1952.
Amendment of section 30 of Principal Act.
117.—(1) Section 30 of the Principal Act is hereby amended—
(a) by the substitution in subsection (1) of the words “so much of a widow's pension as consists of the widow's (contributory) allowance or the widow's (non-contributory) allowance”, for the words “a widow's pension,” and
(b) by the substitution in subsection (2) of the words “a widow's pension” for paragraphs (a) and (b).
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Amendment of section 33 of Principal Act.
118.—(1) Section 33 of the Principal Act is hereby amended by the insertion in subsection (3) of the following paragraph after paragraph (a):—
“(aa) in the case of a widow's (non-contributory) pension which does not include the widow's (non-contributory) allowance that any child's (non-contributory) allowance which is included in such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such child's (non-contributory) allowance is payable, or”.
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.
Saver.
119.—(1) No person, who was immediately before the 4th day of July, 1952, entitled to a widow's (contributory), orphan's (contributory), widow's (non-contributory) or orphan's (non-contributory) pension shall, on or after the 4th day of July, 1952, receive less by way of such pension than such person would have received if sections 103, 104, 105, 106, 110, 110, 111, 112, 114 and 117 of this Act had not been enacted.
(2) No person, who was immediately before the 2nd day of January, 1953, entitled to a widow's (non-contributory) pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if section 105 of this Act had not been enacted.
Attainment of age.
120.—(1) For the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1952, a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age.
(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.
Application of certain provisions of this Act.
121.—Regulations may apply any of the provisions of or made under sections 29, 31 and 41 to 48 of this Act to widows' and orphans' (non-contributory) pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.
Chapter VII.
Amendment of Insurance (Intermittent Unemployment) Act, 1942.
Amendment of Insurance (Intermittent Unemployment) Act, 1942.
122.—(1) The Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), is hereby amended as follows:—
(i) the following paragraph shall be substituted for paragraph (a) of section 24:—
“(a) payment of weekly contributions by means of adhesive stamps (in this Act referred to as supplementary insurance stamps) affixed to books or cards (in this Act respectively referred to as supplementary unemployment books and supplementary unemployment cards) or otherwise, and for regulating the manner, times, and conditions in, at, and under which supplementary insurance stamps are to be affixed or payments are otherwise to be made”;
(ii) the following provision shall be inserted at the end of section 24:—
“Regulations under this section providing for the payment of weekly contributions, at the option of the persons liable to pay, either—
(a) by means of supplementary insurance stamps, or
(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of supplementary insurance stamps,
may, with the consent of the Minister for Finance, include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees. The Public Offices Fees Act, 1879, shall not apply in respect of the said fees and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.”
(iii) in subsection (3) of section 43 the words “or otherwise” shall be inserted after the words “his supplementary unemployment book”,
(iv) in paragraph (a) of subsection (3) of section 52 the words “in the opinion of the Minister” shall be inserted after the word “sufficient” and the words “to the knowledge” shall be substituted for the words “into the possession or procurement”.
(2) Subsection (1) of this section shall come into operation on the appointed day.
Application of certain provisions of this Act.
123.—Regulations may apply any of the provisions of or made under sections 29 and 41 to 48 of this Act to insurance against intermittent unemployment under the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Insurance (Intermittent Unemployment) Act, 1942.
FIRST SCHEDULE.
Employments and Excepted Employments.
Part I.
Employments.
1. Employment in the State under any contract of service or apprenticeship, written or oral, whether expressed or implied, and whether the employed person is paid by the employer or some other person, and whether under one or more employers, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment.
2. Employment under such a contract as aforesaid—
(i) as master or a member of the crew of—
(I) any ship registered in the State, or
(II) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or
(ii) as captain or a member of the crew of—
(I) any aircraft registered in the State, or
(II) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.
3. (a) Employment in the civil service of the Government.
(b) Employment such that the service therein of the employed person is, or is capable of being, deemed under section 24 of the Superannuation Act, 1936 (No. 39 of 1936), to be service in the civil service of the Government.
4. Employment as a member of the Defence Forces.
5. Employment under any local or other public authority.
6. Employment as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel.
7. Employment as an outworker, that is to say, a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person.
Part II.
Excepted Employments.
1. Employment at a rate of remuneration exceeding in value six hundred pounds a year, or in cases where such employment involves part-time service only, at a rate of remuneration which is equivalent to a rate of remuneration exceeding six hundred pounds a year for whole-time service.
2. Employment in the service of the husband or wife of the employed person.
3. Employment of a casual nature otherwise than for the purposes of the employer's trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club.
4. Employment by a prescribed relative of the employed person, being either employment in the common home of the employer and the employed person or employment specified by regulations as corresponding to employment in the common home of the employer and the employed person.
5. Employment specified in regulations as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.
6. Employment specified in regulations as being of inconsiderable extent.
SECOND SCHEDULE.
Rates of Employment Contributions.
1. Except in the cases referred to in paragraphs 2 and 3 of this Schedule, there shall be ordinary rate employment contributions as follows:
(a) payable by the employed contributor: | 2s. 4d. in the case of a male employed contributor and 1s. 4d. in the case of a female employed contributor. |
(b) payable by the employer: | 2s. 4d. in the case of a male employed contributor and 2s. 0d. in the case of a female employed contributor. |
2. In case the employment is of a male employed contributor and is mainly in agriculture, there shall be special rate employment contributions as follows:
(a) payable by the employed contributor: | 1s. 3d. |
(b) payable by the employer: | 1s. 3d. |
3. In case the employment is of a female employed contributor and is mainly in agriculture or domestic service, there shall be special rate employment contributions as follows:
(a) payable by the employed contributor: | 9d. |
(b) payable by the employer: | 1s. 3d. |
THIRD SCHEDULE.
Rate or Amount of Benefit.
Part I.
Rates of periodical benefits and of increases thereof.
Sections 14, 26, 27.
Description of benefit. | Weekly rate. | Increase for adult dependant (where payable). | Increase for qualified child or for each of two qualified children (where payable). |
(1) | (2) | (3) | (4) |
shillings. | shillings. | shillings. | |
1. Disability Benefit 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 each of two qualified children or for a husband | 24 | 12 | 7 |
(ii) for any other married woman | 18 | — | — |
(b) in the case of persons under the age of eighteen— | |||
where the person is entitled to an increase for a qualified child or each of two qualified children or for an adult dependant | 24 | 12 | 7 |
where the person is not so entitled | 18 | — | — |
2. Maternity Allowance | 24 | — | — |
3. Widow's (contributory) Pension | 24 | — | 7 |
4. Orphan's (contributory) Allowance | 10 | — | — |
Part II.
Amount of grants.
Description of grant | Amount |
(1) | (2) |
Pounds | |
1. Marriage Grant | 10 |
2. Maternity Grant | 2 |
FOURTH SCHEDULE.
Contribution Conditions.
1. Disability benefit or unemployment benefit.
The contribution conditions for disability benefit or unemployment benefit are:—
(a) that not less than twenty-six employment contributions have been paid in respect of the claimant in respect of the period between the claimant's entry into insurance and the day for which the benefit is claimed, and
(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed,
but, as respects unemployment benefit, employment contributions under paragraph 3 of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of each of the foregoing conditions the number of employment contributions which have been paid in respect of the claimant.
2. Marriage benefit.
The contribution conditions for marriage benefit are—
(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant in respect of the period beginning with her entry into insurance and ending immediately before the date of her marriage, and
(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the date of her marriage.
3. Maternity benefit.
(a) Maternity grant.
The contribution conditions for a maternity grant are—
(i) that not less than twenty-six employment contributions have been paid in respect of the relevant person in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and
(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to that person in respect of the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.
In this subparagraph, “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement, or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age.
(b) Maternity allowance.
The contribution conditions for maternity allowance are—
(i) that not less than twenty-six employment contributions have been paid in respect of the claimant before the relevant time, and
(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the relevant time.
In this subparagraph, “relevant time” means the date of commencement of the sixth week before the end of the expected week of confinement.
4. Widow's (contributory) pension.
The contribution conditions for a widow's (contributory) pension are—
(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance, the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine,
but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).
In this paragraph, “relevant time” means the date of the husband's attaining pensionable age or dying under that age or, if the conditions are being satisfied on the widow's insurance record, the date of the husband's death.
5. Orphan's (contributory) allowance.
The contribution condition for an orphan's (contributory) allowance is that not less than twenty-six employment contributions have been paid in respect of one of the following persons:—
(a) a parent of the orphan,
(b) a step-parent of the orphan.
FIFTH SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year | Short title | Extent of Repeal |
(1) | (2) | (3) |
1 & 2 Geo. V, c. 55. | National Insurance Act, 1911. | The whole Act. |
3 & 4 Geo. V, c. 37. | National Insurance Act, 1913. | The whole Act. |
5 & 6 Geo. V, c. 29. | National Insurance (Part I Amendment) Act, 1915. | The whole Act. |
7 & 8 Geo. V, c. 15. | National Insurance (Part I Amendment) Act, 1917. | The whole Act. |
7 & 8 Geo. V, c. 62. | National Health Insurance Act, 1918. | The whole Act. |
9 & 10 Geo. V, c. 36. | National Health Insurance Act, 1919. | The whole Act. |
10 & 11 Geo. V, c. 10. | National Health Insurance Act, 1920. | The whole Act. |
10 & 11 Geo. V, c. 30. | Unemployment Insurance Act, 1920. | The whole Act. |
11 & 12 Geo. V, c. 1. | Unemployment Insurance Act, 1921. | The whole Act. |
11 & 12 Geo. V, c. 15. | Unemployment Insurance (No. 2) Act, 1921. | The whole Act. |
12 & 13 Geo. V, c. 7. | Unemployment Insurance Act, 1922. | The whole Act. |
No. 17 of 1923. | The whole Act. | |
No. 20 of 1923. | The whole Act. | |
No. 26 of 1924. | The whole Act. | |
No. 30 of 1924. | The whole Act. | |
No. 59 of 1924. | The whole Act. | |
No. 21 of 1926. | The whole Act. | |
No. 42 of 1929. | The whole Act. | |
No. 33 of 1930. | The whole Act. | |
No. 13 of 1933. | The whole Act. | |
No. 44 of 1933. | The whole Act. | |
No. 29 of 1935. | Sections 5, 9, 11, 38, 40 to 42 and 66 to 75. | |
No. 12 of 1936. | National Health Insurance and Widows' and Orphans' Pensions Act, 1936. | |
No. 3 of 1941. | The whole Act. | |
No. 5 of 1942. | The whole Act. | |
No. 20 of 1943. | The whole Act. | |
No. 23 of 1945. | The whole Act. | |
No. 37 of 1946. | The whole Act. | |
No. 9 of 1947. | The whole Act. | |
No. 17 of 1948. |
SIXTH SCHEDULE.
Amendments of Certain Enactments.
Part I.
Amendments of Unemployment Assistance Act, 1933 (No. 46 of 1933).
1. The following paragraph shall be substituted for paragraph (f) of subsection (3) of section 10 and for paragraph (f) of subsection (1) of section 15:—
“(f) in the case of a widow or spinster who has no dependant, that not less than fifty-two contributions have been paid in respect of her during the appropriate period.
Each of the following and no other shall be a contribution for the purposes of this paragraph:—
(i) a contribution under the Unemployment Insurance Acts, 1920 to 1952,
(ii) an employment contribution at the ordinary rate under the Social Welfare Act, 1952.
In this paragraph, the expression ‘the appropriate period’ means—
(I) in case the date of the relevant application falls in the first, second, third or fourth contribution year under the Social Welfare Act, 1952—the period of four years ending immediately before that contribution year, and
(II) in any other case—the period of four contribution years under that Act ending immediately before the contribution year under that Act in which the date of the application falls.”
2. The following subparagraph shall be added after subparagraph (vi) of paragraph (b) of subsection (1) of section 13:—
“(vii) any moneys received by way of disability benefit, unemployment benefit, marriage benefit or maternity benefit under the Social Welfare Act, 1952.”
3. The following subsections shall be substituted for subsections (1) and (2) of section 21:—
“(1) The Umpire for the purposes of this Act shall be a person appointed in that behalf by the Minister.
(2) The remuneration of the Umpire shall be determined by the Minister for Finance.
(2A) Regulations made by the Minister under this Act may provide for the appointment by the Minister of a person to act in the place of the Umpire in the case of the unavoidable absence or incapacity of the Umpire.
(2B) A court of referees for the purposes of this Act shall consist of one or more members chosen to represent employers, with an equal number of members chosen to represent persons insured under the Social Welfare Act, 1952, and a chairman appointed by the Minister.
(2C) Regulations made by the Minister under this Act may provide that any application or question which is reported or referred to a court of referees may, with the consent of the applicant or the person or association in whose case the question arises, but not otherwise, be proceeded with in the absence of any member or members of the court other than the chairman, and in any such case the court shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman shall, if the number of the members is an even number, have a second or casting vote.
(2D) Panels of persons chosen to represent employers and persons insured under the Social Welfare Act, 1952, respectively shall be constituted by the Minister for such districts and such trades or groups of trades as the Minister may think fit, and the members of a court of referees to be chosen to represent employers and persons insured under the Social Welfare Act, 1952, shall be selected from those panels in the prescribed manner.
(2E) Subject as aforesaid, the constitution of courts of referees shall be determined by regulations under this Act.
(2F) The Minister may pay such remuneration to the chairman and other members of a court of referees, and such travelling and other allowances (including, subject as hereinafter provided, compensation for loss of remunerative time) to any such chairman or members or to any persons required to attend before any such court, and such other expenses in connection with any referees, as the Minister with the sanction of the Minister for Finance determines:
Provided that compensation for loss of time shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this section.”
Part II.
Amendment of Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).
The following word and subparagraph shall be added after subparagraph (iv) of paragraph (d) of subsection (1) of section 9:—
“or
(v) any disability benefit, unemployment benefit, maternity allowance or widow's (contributory) pension under the Social Welfare Act, 1952”.
Part III.
Amendments of Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).
1. The following subsection shall be substituted for subsection (4) of section 10:—
“(4) (a) Provision may be made by rules of Court for regulating appeals and references to the High Court under this section and those rules shall provide for limiting the time within which an appeal may be brought and for the determination in a summary manner of any such appeals or references, and for requiring notice of any such appeals to be given to the Minister.
(b) During the period between the repeal by the Social Welfare Act, 1952, of subsection (3) of section 10 of the Unemployment Insurance Act, 1920, and the making of rules pursuant to paragraph (a) of this subsection, the rules of Court which immediately before the said repeal applied by virtue of the said subsection for regulating appeals and references to the High Court shall apply to appeals and references to the High Court under this section.”
2. In subsection (2) of section 30 the words “the current insurance card issued to him under the Social Welfare Act, 1952” shall be substituted for the words “the current unemployment book issued to him under the Unemployment Insurance Act, 1920”.
3. The following subsection shall be substituted for subsection (4) of section 30:—
“(4) Where the current insurance card issued under the Social Welfare Act, 1952, of an insured person is not in the possession of his employer on a particular day, and a local officer certifies that such card was not delivered to a local office in connection with a claim to unemployment benefit under the Social Welfare Act, 1952, or an application for unemployment assistance under the Unemployment Assistance Act, 1933 (No. 46 of 1933), in respect of that day, such card shall, for the purposes of the second statutory condition, be deemed to have been in the possession of such employer on that day.”
4. In subsections (1) and (2) of section 38 the words “Unemployment Assistance Act, 1933” shall be substituted for the words “Unemployment Insurance Act, 1920”.
5. In paragraph (b) of subsection (2) of section 39 the words “a deciding officer for the purposes of the Social Welfare Act, 1952” shall be substituted for “an insurance officer for the purposes of the Unemployment Insurance Act, 1920”.
6. In subsection (4) of section 43 the words “the current insurance card issued under the Social Welfare Act, 1952” shall be substituted for the words “the current unemployment book issued under the Unemployment Insurance Act, 1920”.
7. In section 44 and in subsection (2) of section 48 the words “Social Welfare Act, 1952” shall be substituted for the words “Unemployment Insurance Act, 1920”.
8. In paragraph 1 of the First Schedule the words “in any pensionable office, situation or employment in a permanent capacity” shall be substituted for the words “or public board excluded for the time being from the provisions of the Unemployment Insurance Act, 1920, by the operation of a special order made under paragraph (c) of Part I of the First Schedule to the said Act”.
9. Paragraph 2 of the First Schedule shall be deleted.
SEVENTH SCHEDULE.
Rules as to Calculation of Means.
Sections 77. 105 and 106:
1. In calculating the means of a person, account shall be taken of the following:—
(I) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person) which is invested or is otherwise put to profitable use by the person or which though capable of investment or profitable use is not so invested or put to profitable use by the person, the yearly value of the property being calculated as follows:
(a) the first £25 of the capital value of the property shall be excluded, and
(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and
(c) the yearly value of so much of the capital value of the property as exceeds the sum of £400, shall be taken to be one-tenth part of the capital value,
but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;
(II) all income in cash (including, in the case of pensions under the Widows' and Orphans' Pensions Acts, 1935 to 1952, the net cash value of any non-cash earnings derived from personal exertions) which the person may reasonably expect to receive during the year succeeding the date of calculation, but excluding—
(a) any income received by way of general assistance under the Public Assistance Act, 1939 (No. 27 of 1939),
(b) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person),
(c) any sums received by way of pension, allowance, assistance or benefit under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, the Children's Allowances Acts, 1944 and 1946, or Part III of this Act,
(d) any income arising from a bonus under a scheme administered by the Minister for Education for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht of children attending primary schools,
(e) any income arising from voluntary or gratuitous payments so far as it does not exceed £52 5s. 0d. per year,
(f) any income arising by way of payments under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of the person or the person's dependants,
(g) an amount of an allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1949, or pension under the Military Service Pensions Acts, 1924 to 1949, or of a combination of such allowances and such pensions except so far as such amount exceeds £80 per year,
(h) in the case of a blind person, his earnings (including wages and profit from any form of self-employment) as a blind person except and in so far as the annual amount of such earnings is calculated to exceed an amount made up as follows:
(i) if the person is a man—£52, plus £39 if he has a wife living with or wholly or mainly maintained by him or, being a single man or widower, is maintaining wholly or mainly 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, plus £26 for each qualified child normally residing with him,
(ii) if the person is a woman—£52, plus £26 for each qualified child normally residing with her, plus £39 if she is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,
(i) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920,
and such income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately preceding the date of calculation;
(III) the yearly value of any advantage accruing to the person from the use or enjoyment of property (other than furniture and personal effects) which is personally used or enjoyed by the person.
2. (1) Subject to paragraph (2) of this Rule, if it appears that any person has, whether before or after the passing of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension in question, or for the receipt thereof at a higher rate than that to which he or she would otherwise be entitled, that income or the yearly value of that property shall for the purposes of these Rules be taken to be part of the means of that person.
(2) (a) Subject to subparagraph (b) of this paragraph, paragraph (1) of this Rule shall not apply to any assignment—
(i) which is an assignment to a child or children of the assignor, and
(ii) as respects which the property comprised therein consists of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed £30 and of which the assignor is the owner and the occupier or the occupier only.
(b) Subparagraph (a) of this paragraph shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding £30 in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.
(c) In this paragraph “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.
3. (1) In the case of pensions under the Old Age Pensions Acts, 1908 to 1952, the following provisions shall have effect when calculating the means of a person who is one of a married couple living together:
(a) the means of the person shall be taken to be one-half of the total means of the married couple;
(b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the married couple is entitled or to which the person and the other member of the married couple are jointly entitled;
(c) for the purposes of this Rule the means of each of the married couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate) and the total means shall be the sum of the means of each so determined;
(d) where one member of a married couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or partly previous to that death.
(2) Where a husband is separated from his wife, any sum paid by him to her under a separation order shall be deducted in calculating his means.
4. The means of a widow shall, in the case of widows' (non-contributory) pensions, be deemed to include—
(a) if there is one qualified child (and not more) normally residing with her—any means of the child (excluding any cash income derived from personal exertions),
(b) if there are two qualified children (and not more) normally residing with her—any means of the children (excluding any cash income derived from personal exertions),
(c) if there are more than two qualified children normally residing with her—the means of two of the children, the means of each child being taken for this purpose to be the average of the means of all the children (excluding any cash income derived from personal exertions).