Social Welfare Act, 1976
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Amendment of section 26 of Act of 1952 (additional benefit for adult dependants). |
17.—(1) Section 26 of the Act of 1952 is hereby amended by the substitution for subsection (3) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963 ) of the following subsection :— | |
“(3) (a) Subject to the provisions of the Social Welfare Acts, 1952 to 1976, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of this section in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Act if he were a widow. | ||
(b) Benefit under this subsection shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity. | ||
(c) A man shall be disqualified for receiving benefit under this subsection if and so long as he and any other person are cohabiting as man and wife. | ||
(d) Where, but for the provisions of this paragraph, benefit under this subsection and old age (contributory) pension or retirement pension would be payable to a person in respect of any period— | ||
(i) benefit under this subsection shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension, and | ||
(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this subsection.”. | ||
(2) This section shall come into operation on the 1st day of April, 1976. |