Social Welfare Act, 1979

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Old age pensions (new rates, extension of means limits).

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection (2) (inserted by the Act of 1978):

“(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 £18—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £18—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 £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, 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, and

(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 £1.20,

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, pension or allowance under the Social Welfare Acts, 1952 to 1979, 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, pension or allowance under the Social Welfare Acts, 1952 to 1979.

(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 “£8.80” for “seven pounds, sixty new pence” (inserted by the Act of 1978).

(3) Section 77 (6) (inserted by the Act of 1977) of the Act of 1952 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).

(4) Section 8 (1) (a) (inserted by the Act of 1977) of the Old Age Pensions Act, 1924 , is hereby amended by the substitution of “£884” for “seven hundred and eighty pounds”.

(5) This section shall come into operation on the 6th day of April, 1979.