Social Welfare Act, 1977
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Reduction of qualifying age for pension purposes. |
13.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-six” for “sixty-seven” (inserted by the Act of 1975) where it occurs: | |
(a) section 2 (1) of the Old Age Pensions Act, 1908, | ||
(b) section 6 of the Old Age Pensions Act, 1932 , | ||
(c) section 10 (3) (b) of the Act of 1933, | ||
(d) sections 21 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964 ), 22 (1) and 36 (a) (i) of the Act of 1935, and | ||
(e) sections 80 (2) and 81 (1) of the Act of 1952. | ||
(2) Section 2 (1) of the Act of 1952 is hereby amended by the substitution of “sixty-six” for “sixty-seven” (inserted by the Act of 1975) in the definition of “pensionable age”. | ||
(3) Section 81 (1) of the Act of 1952 (as amended by this Act) is hereby amended by the substitution of “sixty-sixth anniversary” for “sixty-seventh anniversary” (inserted by the Act of 1975). | ||
(4) In the case of a person who attains the age of 55 years on or after the 1st day of October, 1977— | ||
(i) the contribution condition for old age (contributory) pension set out in paragraph 6 (a) (inserted by the Social Welfare (Amendment) Act, 1960 ) of the Fourth Schedule to the Act of 1952 shall be construed as if “fifty-six” were substituted for “sixty”, and section 10 (4) (i) of the Act of 1975 shall not apply on his attaining the age of fifty-six years and section 11 (4) (i) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years, and | ||
(ii) section 9 of the Act of 1952 (as amended by section 4 of the Social Welfare (Amendment) Act, 1960 ) shall be construed as if “fifty-six” were substituted for “sixty”, and section 10 (4) (ii) of the Act of 1975 shall not apply on his attaining the age of fifty-six years and section 11 (4) (ii) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years. | ||
(5) (a) A person who attains the age of 67 years on or after the 1st day of October, 1977, but before the 1st day of January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts in operation prior to the 1st day of October, 1977, if that would be to his advantage. | ||
(b) A person who has attained the age of 67 years before the 1st day of October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Acts in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in his case under those provisions. | ||
(c) Entitlement to a widow's (contributory) pension or deserted wife's benefit which is due to be determined by reference to the insurance record of a person attaining the age of 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant. | ||
(d) A widow or a deserted wife who under the provisions of the Acts in operation prior to the 1st day of October, 1977, has been awarded a widow's (contributory) pension or deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after the 1st day of October, 1977, have a right to such pension or benefit at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in her case under those provisions. | ||
(e) In this subsection “the Acts” means the Social Welfare Acts, 1952 to 1977. | ||
(6) This section shall come into operation on the 1st day of October, 1977. |