Social Welfare (Miscellaneous Provisions) Act, 1963

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Number 26 of 1963.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1963.

ARRANGEMENT OF SECTIONS

Number 26 of 1963.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1963.

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1962, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1962, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1962, THE INSURANCE (INTERMITTENT UNEMPLOYMENT) ACT, 1942 , THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1957, AND THE SOCIAL WELFARE ACTS, 1952 TO 1962. [3rd August, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Interpretation.

1.—In this Act—

“the Act of 1933” means the Unemployment Assistance Act, 1933 ;

“the Act of 1935” means the Widows' and Orphans' Pensions Act, 1935 ;

“the Act of 1942” means the Insurance (Intermittent Unemployment) Act, 1942 ;

“the Act of 1946” means the Children's Allowances (Amendment) Act, 1946 ;

“the Act of 1952” means the Social Welfare Act, 1952 ;

“the Act of 1960” means the Social Welfare (Amendment) Act, 1960 ;

“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 .

Rates of old age pensions.

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for the Table (inserted by the Act of 1962) to subsection (2) of the following Table:

“TABLE.

Rate of Pension

”.

(2) Section 8 of the Old Age Pension Act, 1924 , is hereby amended by the substitution in subsection (1) of “one hundred and forty three pounds” for “one hundred and thirty pounds” (inserted by the Act of 1962).

(3) Subsections (1) and (2) of this section shall come into operation on the 1st day of November, 1963.

Rates of unemployment assistance.

3.—(1) In the Act of 1933 for the Schedule thereto inserted by section 3 of the Act of 1962, there is hereby substituted the following:

“SCHEDULE.

Rates of Unemployment Assistance.

”

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1963.

Rates of widows' (non-contributory) pensions.

4.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by—

(a) the substitution of “eight shillings and sixpence” for “six shillings” in subparagraph (i) and subparagraph (ii) of paragraph (b) (inserted by the Act of 1962) of subsection (1),

(b) the substitution for subparagraph (ii) of paragraph (c) (inserted by the Act of 1962) of the said subsection (1) of the following subparagraphs:

“(ii) being children, grand-children or step-children of the husband or of the widow, became normally resident with her subsequent to the death of the husband, or

(iii) were adopted by the widow pursuant to the provisions of the Adoption Act, 1952 , subsequent to the death of the husband.”

(c) the substitution for subparagraph (ii) of paragraph (a) of subsection (4) of the following subparagraphs:

“(ii) being a child, grand-child or step-child of the husband or of the widow, became normally resident with her subsequent to the death of the husband, or

(iii) was adopted by the widow pursuant to the provisions of the Adoption Act, 1952 , subsequent to the death of the husband.”,

(d) the substitution for subparagraph (ii) of paragraph (b) of subsection (4) of the following subparagraphs:

“(ii) being children, grand-children or step-children of the husband or of the widow, became normally resident with her subsequent to the death of the husband, or

(iii) were adopted by the widow pursuant to the provisions of the Adoption Act, 1952 , subsequent to the death of the husband.”, and

(e) the substitution for Table B of the following Table:

“TABLE B.

Weekly Rates of Widows' (Non-Contributory) Pensions.

”

(2) Subsection 1 of this section shall come into operation on the 1st day of November, 1963.

Amendment of section 5 of Act of 1946.

5.—(1) Section 5 of the Act of 1946 is hereby amended by the substitution for subsection (1) (inserted by the Social Welfare (Children's Allowances) Act, 1952) of the following subsection:

“(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child.”

(2) Subsection (1) of this section shall come into operation on the 31st day of October, 1963.

Rates of children's allowances.

6.—(1) Section 6 of the Act of 1946 is hereby amended by the substitution for subsection (1) (inserted by the Social Welfare (Children's Allowances) Act, 1952 ) of the following subsection:

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1963, and of the regulations thereunder, a person who is found to be qualified for a children's allowance shall, so long as he remains so qualified, be paid, out of moneys provided by the Oireachtas, a monthly allowance at the rate of—

(i) ten shillings for the first qualified child, and

(ii) if and so long as there are two or more qualified children, fifteen shillings and sixpence for the second qualified child and twenty-six shillings and sixpence for the third and each subsequent qualified child.”

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1963.

Amendment of section 2 of Act of 1952.

7.— Section 2 of the Act of 1952 is hereby amended by the insertion after “place of residence” in the definition of “domestic service” in subsection (1) of “or which is rendered mainly in relation to students in boarding schools or colleges.”

Amendment of section 6 of Act of 1952.

8.—(1) Section 6 of the Act of 1952 is hereby amended by—

(a) the substitution of “three shillings and one penny” for “two shillings and tenpence” (inserted by the Act of 1962) in paragraph (a) of subsection (2) (inserted by the Act of 1960), and

(b) the substitution of “six shillings” for “five shillings and fivepence” (inserted by the Act of 1962) in paragraph (b) of the said subsection (2).

(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1964.

Amendment of section 12 of Act of 1952.

9.— Section 12 of the Act of 1952 is hereby amended by the insertion in subsection (1) after subparagraph (d) of the following subparagraph:

“(dd) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or”.

Amendment of section 22 of Act of 1952.

10.—(1) Section 22 of the Act of 1952 is hereby amended by the insertion in subsection (1) after “or by her husband's insurance” of “or if her husband was entitled to payment of an old age (contributory) pension at an increased weekly rate by virtue of subsection (2) of section 26 of this Act in respect of a period ending on his death,”.

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1964.

Amendment of section 26 of Act of 1952.

11.—(1) Section 26 of the Act of 1952 is hereby amended by the substitution for subsection (3) (inserted by the Act of 1960) of the following subsection:

“(3) (a) Subject to the provisions of the Social Welfare Acts, 1952 to 1963, on the death of a woman to whom an old age (contributory) pension was payable at an increased weekly rate by virtue of this section in respect of a period ending on such death, her husband shall be entitled to benefit the weekly rate of which is equal to the rate of widow's (contributory) pension, including increases in respect of qualified children where appropriate, which would be payable to him under the provisions of this Act if he were a widow.

(b) Benefit under this subsection shall not be payable for any period after the remarriage of the person to whom it had been payable, or for any period after he ceased to be incapable of self-support by reason of some physical or mental infirmity.

(c) A man shall be disqualified for receiving benefit under this subsection if and so long as he and any other person are cohabiting as man and wife.

(d) Where, but for the provisions of this paragraph, benefit under this subsection and old age (contributory) pension would be payable to a person in respect of any period—

(i) benefit under this subsection shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension, and

(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this subsection.”

(2) Subsection (1) of this section shall come into operation on the 3rd day of January, 1964.

Amendment of section 27 of Act of 1952.

12.—(1) Section 27 of the Act of 1952 is hereby amended by the substitution for subparagraph (b) of subsection (2) of the following subparagraphs:

“(b) being a child, grand-child or step-child, or children, grand-children or step-children, of the husband or of the beneficiary, became normally resident with her subsequent to the death of the husband, or

(c) was or were adopted by the beneficiary pursuant to the provisions of the Adoption Act, 1952 , subsequent to the death of the husband,”

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1963.

Amendment of section 47 of Act of 1952.

13.— Section 47 of the Act of 1952 is hereby amended by the insertion in subsection (3) after paragraph (a) of the following paragraph:

“(aa) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with, on behalf of a claimant or beneficiary, in respect of old age (contributory) pension, so much of the pension as is payable by virtue of section 26 of this Act,”

Amendment of Second Schedule to Act of 1952.

14.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by—

(i) the substitution of “5s. 11d.” for “5s. 3d.” (inserted by the Act of 1962) and of “4s. 10d.” for “4s. 2d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 1,

(ii) the substitution of “5s. 11d.” for “5s. 3d.” (inserted by the Act of 1962) and of “5s. 7d.” for “4s. 11d.” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 1,

(iii) the substitution of “3s. 8d.” for “3s. 0d.” (inserted in both subparagraphs by the Act of 1962) in subparagraphs (a) and (b) of paragraph 2,

(iv) the substitution of “2s. 10d.” for “2s. 4d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 3 and of “3s. 8d.” for “3s. 1d.” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 3,

(v) the substitution of “3s. 7d.” for “3s. 1d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 3A (inserted by the Act of 1960) and of “4s. 5d.” for “3s. 10d.” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 3A,

(vi) the substitution of “1s. 6d.” for “1s. 5d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 4 (inserted by the Regulations of 1956 ) and of “1s. 7d.” for “1s. 5d” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 4,

(vii) the substitution of “1s. 6d.” for “1s. 5d.” (inserted by the Act of 1962) in subparagraph (b) of paragraph 5 (inserted by the Regulations of 1956 ),

(viii) the substitution of “4s. 2d.” for “3s. 6d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 6 (inserted by the Regulations of 1956 ),

(ix) the substitution of “5s. 7d.” for “4s. 11d.” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 6,

(x) the substitution of “4s. 2d.” for “3s. 6d.” (inserted by the Act of 1962) in subparagraph (a) of paragraph 7 (inserted by the Regulations of 1956 ), and

(xi) the substitution of “4s. 8d.” for “4s. 0d.” (inserted by the Act of 1962) in subparagraph (b) of the said paragraph 7.

(b) In this subsection “the Regulations of 1956 ” means the Social Welfare (Modifications of Insurance) Regulations, 1956.

(2) Subsection (1) of this section shall come into operation on the 6th day of January, 1964.

Amendment of Third Schedule to Act of 1952.

15.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1962) of the following Part:

“PART I.

Rates of Periodical Benefits and of Increases thereof.

”

(2) Subsection (1) of this section shall, in so far as it relates to disability benefit, unemployment benefit and maternity allowance under the Act of 1952, come into operation on the 6th day of January, 1964, and shall, in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension under the Act of 1952, come into operation on the 3rd day of January, 1964.

Amendment of Seventh Schedule to Act of 1952.

16.—(1) Rule 1 of the Seventh Schedule to the Act of 1952 shall have effect in calculating the means of a person, in the case of a pension under the Widows' and Orphans' Pensions Acts, 1935 to 1963, as if for subparagraphs (a), (b) and (c) of paragraph (I) there were substituted the following paragraphs:

“(a) the first £100 of the capital value of the property shall be excluded, and

(b) in the case of a widow who has a qualified child or qualified children normally residing with her an additional £100 of the capital value of the property shall be excluded in respect of each such qualified child in respect of whom an increase of pension is claimable, and

(c) the yearly value of any remainder of the capital value of the property shall be taken to be one-twentieth part of such remainder.”

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1963.

Amendment of section 7 of Act of 1942.

17.—Section 7 of the Act of 1942 is hereby amended by the substitution of “eighteen years” for “twenty-one years” in subsections (1) and (3) and the substitution of “in which he has attained the age of eighteen years” for “in which he has attained the age of twenty-one years” in subsection (2).

Amendment of section 28 of Act of 1942.

18.—Section 28 of the Act of 1942 is hereby amended by the insertion after “continuous period” of “: Provided that where the working hours on any day consist of a number of hours and a fraction of an hour (not being less than a half hour) supplementary benefit shall be payable in respect of such fraction of an hour where intermittent unemployment occurs during the working hours on that day and extends over the whole of such hours.”

Amendment of section 29 of Act of 1942.

19.—Section 29 of the Act of 1942 is hereby amended by the insertion after “so substituted” of “: Provided that where supplementary benefit is payable in respect of a fraction of an hour, the amount of supplementary benefit so payable shall be half the appropriate hourly rate.”

Short title, construction and collective citations.

20.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1963.

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1962, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1963, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1962, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1963, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1962, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1963, and in so far as it amends and extends the Act of 1942, shall be construed as one therewith and may be cited together therewith as the Insurance (Intermittent Unemployment) Acts, 1942 and 1963, and in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1957, shall be construed as one therewith and may be cited together therewith as the Social Welfare (Children's Allowances) Acts, 1944 to 1963, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1962, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1963.