Social Welfare Act, 1951
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Review and prospective adjustment of pensions. |
5.—(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 appointed day; | ||
“the appropriate new weekly rate” means, in relation to an existing pension, a weekly rate which, having regard to section 4 of this Act, will, if such pension continues to be payable after the day before the appointed day, 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 appointed day, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the day before the appointed day, shall, subject to the provisions of the Acts and this Act, be payable, as on and from the appointed day, 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 section 4 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. |