Social Welfare and Pensions Act 2005

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Amendment

In subsection (1)—

(a) in the definition of “reckonable emoluments” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 )”, and

(b) substitute the following for the definition of “social welfare inspector”:

“ ‘social welfare inspector’ means a person appointed by the Minister under section 212 to be a social welfare inspector for the purposes of Parts II, III, IV, IVA, V, VA, VB, VI and IX;”.

In subsection (6), substitute “not being regulations of which a draft is required” for “not being regulations or rules of which a draft is required”.

In subsection (1)—

(a) in paragraph (aa) (inserted by section 12 of the Act of 1996), substitute “eircom plc” for “Bord Telecom Eireann”,

(b) delete paragraph (c), and

(c) substitute the following for paragraphs (d) to (g):

“(d) persons employed as teachers in primary schools which are recognised schools within the meaning of the Education Act 1998 , or

(e) persons employed as teachers in training colleges recognised by the Minister for Education and Science for teachers in primary schools, or

(f) persons employed as teachers in post-primary schools which are recognised schools within the meaning of the Education Act 1998 , or

(g) persons employed as teachers in domestic science training colleges, funded by moneys voted by the Oireachtas for that purpose, or”.

(a) Substitute the following for subsection (1):

“(1) In this section ‘Act of 1988’ means the Bankruptcy Act 1988 .”.

(b) Substitute “section 81 of the Act of 1988” for “section 4 of the Act of 1889” in each place where it occurs.

(c) Substitute “Act of 1988” for “Act of 1889” in each place where it occurs.

Substitute the following for subsection (2):

“(2) In this section ‘Personal Retirement Savings Account’ has the meaning given to it by section 91 of the Pensions Act 1990 ”.

In subsection (1)—

(a) delete paragraph (aa) (inserted by Regulation 5 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 )), and

(b) delete paragraph (e).

In subsection (2), substitute “52” for “39”.

Repeal the sections.

In subsection (2), substitute “52” for “39”.

In subsections (1) and (3) substitute “qualified child or qualified adult” for “child or qualified adult” in each place where it occurs.

Substitute “Mental Health Acts 1945 to 2001” for “Mental Treatment Acts 1945 to 1966” wherever it occurs in that section.

In subsection (1)(b), substitute “column (2)” for “column (1)”.

In subsection (8) (inserted by section 17 of the Act of 2004), substitute “unemployment assistance under this section” for “an allowance under this section”.

In subsection (2), in paragraph (e) of the definition of “institution of education”, substitute “Qualifications (Education and Training) Act 1999” for “National Council for Education Awards Act 1979”.

Substitute the following for subsection (2):

“(2) A person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 87(1) shall, except as provided in section 135, be disqualified, for any period in respect of which the weekly rate of that pension payable to that other person is so increased, for receiving old age (non-contributory) pension.”.

(a) In subsection (1), insert “or in an approved centre within the meaning of the Mental Health Act 2001 ” after “Mental Treatment Act 1945”.

(b) In subsection (2), substitute “Clinical Director” for “Resident Physician and Governor”.

In subsection (1), in the definition of “relevant person” (as amended by section 10 of the Act of 1999), delete “handicapped”.

Substitute “qualified child” for “child dependant”.

Substitute “qualified adult or qualified child” for “adult or child dependant”.

In subsection (2), substitute “a qualified adult or qualified child” for “his adult or child dependant”.

In subsection (1), substitute “a qualified adult or any qualified children” for “his adult or child dependants”.

In subsection 2(b), substitute “qualified child” for “child dependant” in each place where it occurs.

(a) In subsection (1)(b), substitute “qualified child” for “child dependant”.

(b) Delete subsection (2).

Repeal the section.

Delete subsections (1) to (7), (9) and (10).

Repeal the section.

In subsections (1)(b) and (4), substitute “substantially restricted” for “substantially handicapped” in each place where it occurs.

In paragraph (i) of the definition of “weekly family income” substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ),”.

In subsection (2)(d), delete “, sickness allowance”.

In subsections (1)(a) and (2)(a) (both as amended by section 14 of the Act of 2000), delete “pay-related benefit,” in each place where it occurs.

In subsection (1), in the definition of “benefit”, substitute the following for paragraph (b):

“(b) unemployment benefit,”.

(a) In subsection (5)(b), substitute “€13,000” for “£10,000”.

(b) In subsection (6)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “€13,000” for “£10,000”.

(a) In subsection (1)(a)—

(i) substitute “€1,500” for “£1,000”, and

(ii) substitute “6 months” for “12 months”.

(b) In subsection (1)(b), substitute “€13,000” for “£10,000”.

In subsection (2), substitute “€2,000” for “£1,500”.

In subsection (1), substitute the following for the definition of “specified body”:

“ ‘specified body’ shall be read in accordance with the Ninth Schedule;”.

In subsection (1)—

(a) substitute “Civil Liability (Amendment) Act 1964” for “Civil Liability Act, 1964”, and

(b) delete “(including any amount payable therewith by way of pay-related benefit)”.

In subsection (3), substitute “the Minister may specify” for “he may specify”.

In subsection (3), substitute “€1,500” for “£1,000”.

In subsection (11)(e), substitute “€150” for “£100”.

Insert “or Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001 ” after “ section 32 of the Larceny Act 1916 ”.

In subsection (1), substitute “competent authority” for “competent attachment of authority”.

Substitute “€1,500” for “£1,000” in each place where it occurs.

In subsection (2)—

(a) substitute “€1,500” for “£1,000”, and

(b) substitute “€13,000” for “£10,000”.

In Part III, paragraph 3(b) substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 ) (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 ))”.

In Part I, delete the rates of benefit contained at reference 1A (inserted by Regulation 6 of the European Communities (Social Welfare) Regulations 1994 ( S.I. No. 312 of 1994 )).

(a) In Part I, in Rule 1(2)(s)(i) (amended by section 26 of the Act of 1997), delete “handicapped”.

(b) In Part III—

(i) in Rule 1(1)(d) (amended by section 26 of the Act of 1997), delete “handicapped”, and

(ii) in Rule 1(1)(p)(i)(I) (inserted by section 26 of the Act of 2000), substitute “Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 )” for “Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 ( S.I. No. 260 of 1972 )) of the Income Tax (Employments) Regulations, 1960 ( S.I. No. 28 of 1960 )”.

Repeal the Schedules.