Social Welfare Act, 1977

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Old age pensions (new rates, including special increase for pensioners living alone).

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1976 as varied by the Regulations of 1976) of the following subsection:

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

(i) where the weekly means of the claimant or pensioner do not exceed £16—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £16—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £15 but did not exceed £16, less £1.25 for each amount (if any) of £1 by which those weekly means exceed £16, any fraction of £1 in those weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable,

(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 90 new pence,

and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—

(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1977, or

(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1977.

(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE A

Rate of Pension

TABLE B

Increase for an Adult Dependant

”

(2) Section 77 (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969 ) of the Act of 1952 is hereby amended by the substitution of “six pounds, fifty-five new pence” for “six pounds” (inserted by the Regulations of 1976).

(3) The following subsection is hereby inserted after subsection (5) of section 77 of the Act of 1952:

“(6) The rates of pension determined under subsection (2) (a) (i), (2) (a) (ii) or (2) (a) (iii) of this section shall be increased by £1 weekly where the pensioner has attained pensionable age and is living alone.”.

(4) The following is hereby substituted for section 8 (1) of the Old Age Pensions Act, 1924:

“(1) It shall be a statutory condition for the receipt by any person of an old age pension that the person must satisfy the pension authorities that his means as calculated under the Old Age Pensions Acts do not exceed—

(a) in case the person has no child who is a qualified child as defined in subsection (2B) (inserted by the Social Welfare Act, 1974) of section 77 of the Social Welfare Act, 1952 —seven hundred and eighty pounds,

(b) in case the person has one or more than one such qualified child, the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) of the Social Welfare Act, 1952 .”.

(5) This section shall come into operation on the 1st day of April, 1977.