Social Welfare Act, 1979

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Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates, extension of means limits).

6.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Act of 1978):

“(1) (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—

(i) where the weekly means of the widow do not exceed £18—at the rate set out in Table B to this subsection,

(ii) where the weekly means of the widow exceed £18 at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means 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 widow has attained the age of 80 years—at the rate of pension payable to her in accordance with subparagraph (i) or (ii) of this paragraph plus £1.20.

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

TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

”

(2) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the insertion of the following subsections after subsection (7):

“(8) The rates of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £1.30 where the widow has attained the age of 66 years and is living alone.

(9) (a) The weekly rate of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £8.80 for any period during which—

(i) the widow has attained the age of 66 years and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, and

(iii) such conditions as may be prescribed are fulfilled.

(b) Not more than one increase of pension shall be payable under this subsection or under subsection (4) (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968) of section 26 of the Social Welfare Act, 1952 in respect of any prescribed relative.

(c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of the Social Welfare Act, 1952 .”.

(3) This section, in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, shall come into operation on the 5th day of April, 1979, and, in so far as it relates to widow's (non-contributory) pension, on the 6th day of April, 1979.