Social Welfare (Miscellaneous Provisions) Act, 1964

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Increase of rates of old age pensions for qualified children.

5.—(1) Section 77 of the Act of 1952 is hereby amended by the deletion of subsection (2) and the insertion of the following subsections:

“(2) A pension shall, in lieu of any other rate, be—

(a) where the yearly means of the claimant or pensioner as duly calculated do not exceed one hundred and forty-three pounds and fifteen shillings, at the rate set forth in the Table to this subsection, and

(b) where the yearly means of the claimant or pensioner as duly calculated exceed one hundred and forty-three pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the claimant or pensioner as duly calculated exceeded one hundred and thirty pounds and fifteen shillings but did not exceed one hundred and forty-three pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed one hundred and forty-three pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds; provided that if the rate calculated pursuant to this paragraph, at which, but for this proviso, the pension would be payable is less than seven shillings and sixpence, the pension shall not be payable.

TABLE

Rate of Pension

(2A) In applying the Table to subsection (2) of this section to that subsection—

(a) columns (1) and (3) shall have effect in case the claimant or pensioner has one qualified child (and not more),

(b) columns (1) and (4) shall have effect in case the claimant or pensioner has two or more qualified children,

(c) columns (1) and (2) shall have effect in any other case.

(2B) In this section ‘qualified child’ in relation to a claimant or pensioner means a child in respect of whom the claimant or pensioner is entitled to a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1963.”

(2) Section 8 (as amended by the Act of 1963) of the Old Age Pensions Act, 1924 , is hereby amended by the deletion in subsection (1) of “do not exceed one hundred and forty-three pounds and fifteen shillings” and the insertion of “do not exceed—

(i) in case the person has no children (in this subsection referred to as qualified children) in respect of whom he is entitled to a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1963, one hundred and forty-three pounds and fifteen shillings,

(ii) in case the person has one qualified child or two qualified children, the sum of twenty-six pounds for each qualified child and one hundred and forty-three pounds and fifteen shillings, and

(iii) in case the person has more than two qualified children, the sum of twenty-six pounds for each of two qualified children and thirteen pounds for each qualified child in excess of two and one hundred and forty-three pounds and fifteen shillings.”

(3) Rule 1 of the Seventh Schedule to the Act of 1952 shall have effect in calculating the means of a claimant or pensioner, in the case of a pension under the Old Age Pensions Acts, 1908 to 1964, as if in paragraph (II) the following subparagraph were substituted for subparagraph (j) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960 )—

“(j) in the case of a person who is not a blind person and who has a qualified child or qualified children who normally resides or reside with him all earnings derived by the person from an employment which is an employment specified in Part I of the First Schedule to this Act except and in so far as the annual amount of such earnings is calculated to exceed £39 for each such child.”

(4) This section shall come into operation on such day as the Minister may appoint by order.