Finance Act, 1961
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Contributions and benefits under Social Welfare Acts. |
10.—(1) In this section “the Acts” means the Social Welfare Acts, 1952 to 1960, and any subsequent enactment together with which those Acts may be cited. | |
(2) The benefits to which this section applies are widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension payable under the Acts. | ||
(3) So much of any contribution paid under the Acts by a person as an employed contributor or a voluntary contributor as is paid in respect of a benefit to which this section applies shall be deducted from or set off against the income of that person for the year of assessment in which the contribution is paid, and tax shall, where necessary, be discharged or repaid accordingly, and the total income of that person for that year of assessment shall be calculated accordingly for all the purposes of the Income Tax Acts, and no relief or deduction shall be given or allowed under any other provision of those Acts in respect of any contribution in respect of which relief can be given under this subsection: | ||
Provided that— | ||
(a) the amount to be deducted or set off shall be treated as reducing primarily earned income; | ||
(b) where the total amount to be deducted from or set off against the income of a married person whose wife is living with him or who is living with her husband exceeds the total income of that person, the excess shall be deemed to be an amount which, under the foregoing provisions of this subsection, may be deducted from or set off against the income of the wife or husband of that person; | ||
(c) no deduction or set off shall be allowed in respect of so much of any contribution paid by a person whose entry into insurance for the purpose of old age (contributory) pension occurred after he had attained the age of sixty as was paid in respect of old age (contributory) pension. | ||
(4) Payments of benefits to which this section applies shall be deemed to be emoluments to which Part II of the Finance (No. 2) Act 1959 , applies and to be earned income for all the purposes of the Income Tax Acts. | ||
(5) A person who, by virtue of any provision of the Acts, suffers a deduction from his remuneration in respect of any contribution shall be deemed, for the purposes of this section (but no other purpose), to have paid a contribution equal to the amount of the deduction. | ||
(6) For the purposes of this section, the part of any contribution which is paid in respect of any or all of the benefits to which this section applies shall be taken to be such part thereof as may be determined by the Minister for Social Welfare. |