Social Welfare (Miscellaneous Provisions) Act, 1966

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Number 24 of 1966.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1966

ARRANGEMENT OF SECTIONS

Number 24 of 1966.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1966

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1965, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1965, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1965, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1965, AND THE SOCIAL WELFARE ACTS, 1952 TO 1965. [19th July, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—In this Act—

“the Acts” means the Old Age Pensions Acts, 1908 to 1965, as amended by 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 1952” means the Social Welfare Act, 1952 ;

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

“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964;

“the Act of 1965” means the Social Welfare (Miscellaneous Provisions) Act, 1965;

“the Minister” means the Minister for Social Welfare.

Increase of rates of old age pensions.

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for the Table to subsection (2) (inserted by the Act of 1965) of the following Table:

“TABLE

Rate of Pension

”

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1966.

Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by section 3 of the Act of 1965) there is hereby substituted the following:

“SCHEDULE

Rates of Unemployment Assistance.

”

(2) Section 17 (2) of the Act of 1933 is hereby amended by the substitution for paragraphs (a) and (b) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1961) of the following paragraphs, namely:

“(a) if he has no means, at the scheduled rate; and

(b) if he has means, at a rate equal to the scheduled rate reduced by one shilling per week for every shilling or part of a shilling of his means.”

(3) Subsections (1) and (2) of this section shall come into operation on the 1st day of November, 1966.

Increase of 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 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, 1966.

Amendment of section 6 of Act of 1952.

5.—(1) Section 6 (2) (inserted by the Act of 1960) of the Act of 1952 is hereby amended by—

(a) the substitution of “three shillings and ninepence” for “three shillings and sevenpence” (inserted by the Act of 1965) in paragraph (a), and

(b) the substitution of “seven shillings and fivepence” for “seven shillings and threepence” (inserted by the Act of 1965) in paragraph (b).

(2) This section and sections 6 , 7 , 11 and 12 of this Act shall come into operation on such day as the Minister may appoint by order.

Amendment of section 28A of Act of 1952.

6.—(1) Section 28A (inserted by the Act of 1960) of the Act of 1952 is hereby amended by—

(a) the insertion in subsection (1) after “old age (contributory) pension” of “or widow's (contributory) pension”, and

(b) the insertion after subsection (2) of the following subsection:

“(3) Regulations for the purposes of this section shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rates specified by the regulations may vary with the extent to which the contribution conditions are satisfied but any increase of benefit payable under section 27 (2) of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”

(2) Subsection (1) of this section shall come into operation on such day as the Minister may appoint under section 5 of this Act.

Amendment of section 32 of Act of 1952.

7.—(1) Section 32 (1) of the Act of 1952 is hereby amended by the insertion in subparagraph (b) after “received” of “or of sums payable by way of widow's (contributory) pension in respect of periods for which the person elects to receive widow's (non-contributory) pension”.

(2) Subsection (1) of this section shall come into operation on such day as the Minister may appoint under section 5 of this Act.

Amendment of section 35 of Act of 1952.

8.—Section 35 of the Act of 1952 is hereby amended by the insertion after subsection (3) of the following subsections:

“(4) In ascertaining, for the purposes of this section, the amount of benefit lost by an employed contributor or other person by reason of a failure or neglect referred to in subsection (1) of this section, account shall not be taken of any social assistance paid to such contributor or other person during a period when he was losing benefit by reason of the failure or neglect aforesaid.

(5) The amount of social assistance paid to an employed contributor or other person during a period when he was losing benefit by reason of a failure or neglect referred to in subsection (1) of this section may be recovered by the Minister—

(a) in case the full amount of the benefit which was lost has been recovered by such contributor or other person, from such contributor or other person—

(i) by deduction from any benefit or social assistance to which such contributor or other person may be or become entitled, or

(ii) as a simple contract debt in any court of competent jurisdiction, or

(b) in any other case, from the employer guilty of the failure or neglect as a simple contract debt in any court of competent jurisdiction,

and, if the amount of the social assistance is recovered by the Minister from the employer, the sum recoverable by such contributor or other person from the employer under this section shall be reduced by the amount of such social assistance.

(6) Any sums recovered by the Minister under subsection (5) of this section shall be paid into the Exchequer.

(7) In this section ‘social assistance’ means a pension under the Old Age Pensions Acts, 1908 to 1966, unemployment assistance under the Unemployment Assistance Acts, 1933 to 1966, or a pension under the Widows' and Orphans' Pensions Acts, 1935 to 1966.”

Amendment of section 47 of Act of 1952.

9.—Section 47 (3) of the Act of 1952 is hereby amended by the insertion in paragraph (aa) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963) after “section 26” of “or section 27”.

Amendment of section 77 of Act of 1952.

10.—Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2B) (inserted by the Act of 1964) of the following subsection:

“(2B) In this section ‘qualified child’ in relation to a claimant or pensioner means a child in respect of whom the claimant or pensioner is entitled to a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1966, and includes, if the claimant or pensioner is a woman, a child of hers in respect of whom the head of the household in which she resides is entitled to a children's allowance under those Acts.”

Amendment of Second Schedule to Act of 1952.

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

(i) the insertion of “2A,” after “2,” in paragraph 1 thereof,

(ii) the substitution of “7s. 5d.” for “7s. 4d.” (inserted by the Act of 1965) and “6s. 4d.” for “6s. 3d.” (inserted by the Act of 1965) in paragraph 1 (a),

(iii) the substitution of “7s. 5d.” for “7s. 4d.” (inserted by the Act of 1965) and “7s. 1d.” for “7s. 0d.” (inserted by the Act of 1965) in paragraph 1 (b),

(iv) the substitution of “5s. 2d.” for “5s. 1d.” (inserted in both subparagraphs by the Act of 1965) in paragraph 2 (a) and (b),

(v) the insertion after the said paragraph 2 of the following paragraph:

“2A. In case the employment is of a female employed contributor and is mainly in agriculture, there shall be special rate employment contributions as follows:

(a) payable by the employed contributor: 4s. 5d.

(b) payable by the employer: 5s. 6d.”,

(vi) the deletion in paragraph 3 of “in agriculture or” and the substitution of “4s. 0d.” for “3s. 11d.” (inserted by the Act of 1965) in paragraph 3 (a) and “4s. 11d.” for “4s. 10d.” (inserted by the Act of 1965) in paragraph 3 (b),

(vii) the substitution of “5s. 2d.” for “4s. 8d.” (inserted by the Act of 1965) in paragraph 3A (a) (inserted by the Act of 1960) and “6s. 3d.” for “5s. 7d.” (inserted by the Act of 1965) in paragraph 3A (b),

(viii) the substitution of “1s. 10d.” for “1s. 9d.” (inserted by the Act of 1965) in paragraph 4 (a) (inserted by the Regulations of 1956) and “1s. 11d.” for “1s. 10d.” (inserted by the Act of 1965) in paragraph 4 (b),

(ix) the substitution of “1s. 10d.” for “1s. 9d.” (inserted by the Act of 1965) in paragraph 5 (b) (inserted by the Regulations of 1956),

(x) the substitution of “5s. 8d.” for “5s. 7d.” (inserted by the Act of 1965) in paragraph 6 (a) (inserted by the Regulations of 1956) and “7s. 1d.” for “7s. 0d.” (inserted by the Act of 1965) in paragraph 6 (b), and

(xi) the substitution of “5s. 8d.” for “5s. 7d.” (inserted by the Act of 1965) in paragraph 7 (a) (inserted by the Regulations of 1956) and “6s. 2d.” for “6s. 1d.” (inserted by the Act of 1965) in paragraph 7 (b).

(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 such day as the Minister may appoint under section 5 of this Act.

Amendment of Fourth Schedule to Act of 1952.

12.—(1) Paragraph 1 of the Fourth Schedule to the Act of 1952 shall, in so far as it provides for the disregard of employment contributions under paragraph 3A of the Second Schedule to that Act in respect of employment occurring after the commencement of this subsection, cease to have effect.

(2) The Fourth Schedule to the Act of 1952 is hereby further amended by the substitution for subparagraph (b) of paragraph 4 of the following subparagraph:

“(b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance,—

(i) the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine, or

(ii) the average per contribution year of the contributions paid in respect of or credited to him in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than forty-eight”.

(3) Subsections (1) and (2) of this section shall come into operation on such day as the Minister may appoint under section 5 of this Act.

Payment of pension under Acts in lieu of widow's (contributory) pension or old age (contributory) pension in certain cases.

13.—(1) Where a person who has attained pensionable age is in receipt of or entitled to a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 26 (2) of the Act of 1952, and would, but for section 20 of the Act of 1960, be qualified for the receipt of a pension under the Acts—

(a) the person may, notwithstanding anything contained in the said section 20, be paid the pension under the Acts for any period during which the rate of pension payable under the Acts would be greater than the rate of widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the pension under the Acts is so paid, entitlement to widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

(2) Subsection (1) of this section shall come into operation on the 1st day of November, 1966.

Amendment of section 8 of Old Age Pensions Act, 1924.

14.— Section 8 (1) of the Old Age Pensions Act, 1924, is hereby amended by the substitution of the following paragraph for paragraph (i) (inserted by the Act of 1964):

“(i) in case the person has no children (in this subsection referred to as qualified children) in respect of whom he is entitled to a children's allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1966, or, being a woman, has no children (in this subsection also referred to as qualified children) in respect of whom the head of the household in which she resides is entitled to a children's allowance under those Acts, one hundred and fifty-six pounds and fifteen shillings,”.

Reciprocal arrangements.

15.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to insurance and benefits under the Social Welfare Acts, 1952 to 1966, pensions under the Acts, pensions under the Widows' and Orphans' Pensions Acts, 1935 to 1966, assistance under the Unemployment Assistance Acts, 1933 to 1966, and allowances under the Social Welfare (Children's Allowances) Acts, 1944 to 1966, and may by any such order make such adaptations of and modifications in those Acts as he considers necessary.

(2) Sections 64 and 83 of the Act of 1952 and section 61 (2) of the Act of 1935 are hereby repealed.

(3) Any order made under section 64 or section 83 of the Act of 1952 or section 61 (2) of the Act of 1935 which was in force immediately before the passing of this Act shall continue in force and shall have effect as though it had been made under this section.

Short title, construction and collective citations.

16.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1966.

(2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1965, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1966, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1965, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1966, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1965, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1966, and in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1965, shall be construed as one therewith and may be cited together therewithas the Social Welfare (Children's Allowances) Acts, 1944 to 1966, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1965, and the Social Welfare (Occupational Injuries) Act, 1966, shall be construed as one therewith and shall be included in the collective citation “the Social Welfare Acts, 1952 to 1966,”.