Social Welfare Act, 1973

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Number 10 of 1973

SOCIAL WELFARE ACT, 1973

ARRANGEMENT OF SECTIONS

Number 10 of 1973

SOCIAL WELFARE ACT, 1973

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1972, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1972, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1972, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1970, AND THE SOCIAL WELFARE ACTS, 1952 TO 1973. [27th June, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

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

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

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

“the Act of 1970” means the Social Welfare Act, 1970 ;

“the Act of 1972” means the Social Welfare Act, 1972 ;

“the Minister” means the Minister for Social Welfare.

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

2.—(1) Section 77 of the Act of 1952 is hereby amended by—

(a) the substitution for subsection (2) (inserted by the Act of 1964) of the following subsection:

“(2) A pension shall, in lieu of any other rate, be—

(a) where the weekly means of the claimant or pensioner do not exceed £10.50—at the rate set forth in the Table to this subsection,

(b) where the weekly means of the claimant or pensioner exceed £10.50—at the rate at which, in accordance with the said Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said 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

(c) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with paragraph (a) or (b) of this subsection plus 50 new pence, and

for the purposes of this subsection weekly means shall be the yearly means divided by fifty-two.

TABLE

Rate of Pension

and

(b) the substitution in subsection (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969 ) of “three pounds fifty new pence” for “three pounds” (inserted by the Act of 1972).

(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1972) is hereby amended by the substitution of “four hundred and ninety-four pounds” for “two hundred and seventy-three pounds and seventy-five new pence” in subsection 1 (i).

(3) This section shall come into operation on the 6th day of July, 1973.

Unemployment assistance (new rates).

3.—(1) In the Act of 1933 for the Schedule thereto (inserted by the Act of 1972) there is hereby substituted the Schedule to this subsection.

SCHEDULE

Rates of Unemployment Assistance

(2) This section shall come into operation on the 4th day of July, 1973.

Widows' (non-contributory) pensions (new rates and extension of means limits).

4.—(1) Section 20 (inserted by section 105 of the Act of 1952) of the Act of 1935 is hereby amended by the substitution for subsection (1) of the following subsection:

“(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 £10.50—at the rate set forth in Table B to this subsection, and

(ii) where the weekly means of the widow exceed £10.50—at the rate at which, in accordance with the said Table B, the pension would be payable to the widow if her weekly means exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said weekly means being treated for this purpose as £1.

(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) This section shall come into operation on the 5th day of July, 1973, in the case of allowances payable by virtue of section 22 of the Act of 1970 or section 8 of this Act, and on the 6th day of July, 1973, in all other cases.

Orphans' (non-contributory) pensions (new rates and extension of means limits).

5.—(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Act of 1952) of the following section:

“25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

(2) Means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952 , and, for the purposes of this section, weekly means shall be the yearly means divided by fifty-two.”.

(2) This section shall come into operation on the 6th day of July, 1973.

Children's allowances (new rates and extension of age limit for qualified children).

6.—(1) The Act of 1946 is hereby amended by—

(a) the substitution for section 4 of the following section:

“4. A child shall be a qualified child for children's allowances purposes if—

(1) (a) he is under the age of sixteen years, or

(b) having attained the age of sixteen years he is under the age of eighteen years and—

(i) is receiving full-time instruction by day at any university, college, school or other educational establishment,

(ii) is an apprentice, or

(iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

(2) he is ordinarily resident in the State, and

(3) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.”,

and

(b) the substitution for subsection (1) of section 6 (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 1973, 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—

(a) £2 where he is qualified in respect of one qualified child,

(b) £5 where he is qualified in respect of two qualified children,

(c) £8.75 where he is qualified in respect of three or more qualified children, plus £3.75 in respect of each qualified child in excess of three.”.

(2) This section shall come into operation on the 1st day of July, 1973.

Old age (care) allowance (new rate).

7.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£3.50” for “£3” (inserted by the Act of 1972).

(2) This section shall come into operation on the 5th day of July, 1973.

Social assistance allowance for unmarried mothers.

8.—(1) An allowance (in this section referred to as a social assistance allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—

(a) who is unmarried,

(b) who has not attained pensionable age,

(c) who has at least one qualified child residing with her, and

(d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a social assistance allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under the Widows' and Orphans' Pensions Acts, 1935 to 1973, if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if she is the mother of the child and if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1973.

(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with section 5 (2) of the Act of 1946 and the rules under that subsection.

(5) The Minister may make regulations with respect to a social assistance allowance and such regulations may, in particular and without prejudice to the generality of the foregoing,—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as being an unmarried mother,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act, and

(c) in applying the provisions of section 46 of the Act of 1952, provide, notwithstanding anything contained in that section, that in any case in which a social assistance allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

(6) This section shall come into operation on the 5th day of July, 1973.

Removal of restriction on qualification for unemployment assistance in the case of certain widows and spinsters.

9.—(1) For the purpose of satisfying the conditions specified in sections 10 (3) (f) and 15 (1) (f) of the Act of 1933 (inserted by paragraph 1 of Part 1 of the Sixth Schedule to the Act of 1952), any employment contribution under the Act of 1952 shall, in the case of a widow or spinster who has no dependant, be reckonable, and, accordingly, subparagraph (ii) of each of the said sections is hereby amended by the deletion of “at the ordinary rate”.

(2) This section shall come into operation on the 1st day of October, 1973.

Removal of concession relating to certain cash income in calculating means for old age pensions.

10.—(1) Rule 3 (1) (c) of the Seventh Schedule to the Act of 1952 is hereby amended by the deletion of the matter inserted by section 19 of the Social Welfare (Miscellaneous Provisions) Act, 1961 .

(2) No person who, immediately before the commencement of this section, was entitled to an old age pension shall, on or after such commencement, receive less by way of such pension than such person would have received if this section had not been enacted.

(3) This section shall come into operation on the 6th day of July, 1973.

Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-nine” for “seventy” where it occurs:—

(a) section 2 (1) of the Old Age Pensions Act, 1908,

(b) section 6 of the Old Age Pensions Act, 1932 ,

(c) section 10 (3) (b) of the Act of 1933,

(d) sections 21 (inserted by the Act of 1964), 22 (1) and 36 (a) (i) of the Act of 1935, and

(e) sections 80 (2) and 81 (1) of the Act of 1952.

(2) (a) Section 2 (1) of the Act of 1952 is hereby amended by the substitution of “sixty-nine” for “seventy” in the definition of “pensionable age”.

(b) Section 26 (4) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1968 , and amended by the Act of 1972) of the Act of 1952 is hereby amended by the substitution of “pensionable age” for “the age of 70 years”.

(c) Section 81 (1) of the Act of 1952 (as amended by this Act) is hereby amended by the substitution of “sixty-ninth anniversary” for “seventieth anniversary”.

(d) Sections 21 (1) (as amended by this Act) and 22 (1) (b) of the Act of 1970 are hereby amended by the substitution of “pensionable age” for “the age of seventy years” where it occurs.

(3) This section shall come into operation on the 2nd day of July, 1973.

Removal of remuneration limit in respect of insured persons.

12.—(1) Employment, otherwise than by way of manual labour, at a rate of remuneration exceeding in value £1,600 a year shall cease to be an employment excepted from insurance under the Act of 1952 and, accordingly, Part II of the First Schedule to that Act is hereby amended by the deletion of paragraph 1 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965 , and amended by the Social Welfare (Remuneration Limit for Insured Persons) Order, 1971 (S.I. No. 163 of 1971)).

(2) This section shall come into operation on such date as the Minister by order appoints for that purpose.

New rates of voluntary contributions and removal of liability of certain widows, deserted wives and unmarried mothers for employment contributions.

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

(a) by the substitution in subsection (2) (inserted by the Social Welfare (Amendment) Act, 1960 ), for the rate of voluntary contribution set forth in each paragraph mentioned in column (1) of the following Table, of the rate set forth, opposite the mention of that paragraph in the said column (1), in column (2) of that Table:

TABLE

and

(b) by the insertion after subsection (9) of the following subsection:

“(10) In the case of an employed contributor who is in receipt of a widow's (contributory) pension, a widow's (non-contributory) pension, deserted wife's benefit, a deserted wife's allowance or a social assistance allowance under section 8 of the Social Welfare Act, 1973, the rate of employment contribution specified in the Second Schedule to this Act as payable by the employed contributor shall not be payable.”.

(2) This section shall come into operation on the 2nd day of July, 1973.

Employment contributions (new rates).

14.—(1) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution set forth in each paragraph mentioned in column (1) of the following Table, of the rate set forth opposite the mention of that paragraph in the said column (1), in column (2) of that Table:

TABLE

(2) This section shall come into operation on the 2nd day of July, 1973.

Social insurance benefits (new rates).

15.—(1) The Third Schedule to the Act of 1952 is hereby amended by—

(a) the substitution for Part I (inserted by the Act of 1972) of the following Part:—

“PART I

RATES OF PERIODICAL BENEFITS AND OF INCREASES THEREOF

”

(2) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 2nd day of July, 1973,

(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 5th day of July, 1973, and

(c) in so far as it relates to any other benefit, on the 6th day of July, 1973.

Increase of certain rates of unemployment benefit.

16.—(1) In the Table to section 5 (2) of the Social Welfare (Miscellaneous Provisions) Act, 1967 , for the rates set forth therein (inserted by the Act of 1972) there are hereby substituted the rates set forth in the Table to this subsection.

TABLE

(2) This section shall come into operation on the 2nd day of July, 1973.

Deserted wife's benefit.

17.—(1) Section 14 of the Act of 1952 is hereby amended by the insertion of the following paragraph after paragraph (l) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1973 ) of subsection (1):—

“(m) deserted wife's benefit.”.

(2) The Act of 1952 is hereby amended by the insertion after section 25D (inserted by the Act of 1970) of the following section:

“25E (1) Subject to the provisions of this Act, deserted wife's benefit shall be payable to a woman—

(a) who has been deserted by her husband,

(b) who, if she is less than forty years of age, has at least one qualified child residing with her,

(c) who satisfies the relevant contribution conditions, and

(d) who satisfies such other conditions as may be prescribed.

(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 22 (5) (a) of the Social Welfare Act, 1970 .

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Act.”.

(3) Section 27 (1) of the Act of 1952 is hereby amended by the insertion after “or invalidity pension or retirement pension” of “or deserted wife's benefit”.

(4) The Act of 1952 is hereby amended by the insertion after section 28B (inserted by the Act of 1970) of the following section:—

“28C (1) Subject to the provisions of this section, regulations made with the sanction of the Minister for Finance may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied in relation to the average number of contributions paid or credited per contribution year.

(2) Regulations for the purposes of this section shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rate specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit payable under subsection (1) of section 27 of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”.

(5) Section 47 (2) (b) of the Act of 1952 is hereby amended by the insertion before “invalidity pension, retirement pension,” (inserted by the Act of 1970) of “deserted wife's benefit,”.

(6) The Fourth Schedule to the Act of 1952 is hereby amended by the insertion after paragraph 9 (inserted by the Act of 1970) of the following paragraph:—

“10. Deserted Wife's Benefit.

The contribution conditions for deserted wife's benefit are—

(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and

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

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

In this paragraph ‘relevant time’ means the date on which the woman is determined to have been deserted by her husband.”.

(7) This section shall come into operation on the 5th day of July, 1973.

Removal of restriction on married women in relation to certain benefits, and consequential abolition of marriage benefit.

18.—(1) The Act of 1952 is hereby amended by—

(i) the deletion from section 14 (1) of the following paragraph :

“(c) marriage benefit, which shall consist of a marriage grant,”,

(ii) the deletion from section 14 (3) (a) of the words “a marriage grant or”,

(iii) the deletion from Part II of the Third Schedule of the matter relating to a marriage grant, and

(iv) the deletion from the Fourth Schedule of paragraph 2 (which relates to marriage benefit).

(2) Sections 18 (which provides for entitlement to marriage benefit) and 30 (under which a woman is disqualified on marriage for certain benefits until 26 employment contributions have been paid in respect of employment after marriage) of the Act of 1952 are hereby repealed.

(3) This section shall come into operation on the 1st day of October, 1973.

Occupational injuries benefits (new rates).

19.—(1) The Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended as follows:

(a) in section 8 (3) (a) “seven pounds and ten new pence” shall be substituted for “six pounds and ten new pence” (inserted by the Act of 1972);

(b) in section 8 (3) (b) “nine pounds and ten new pence” shall be substituted for “eight pounds and ten new pence” (inserted by the Act of 1972);

(c) in section 9 (7) (a) “six hundred and thirty pounds” shall be substituted for “five hundred and sixty-eight pounds” (inserted by the Act of 1972);

(d) the Table annexed to this paragraph shall be substituted for Table 1 annexed to section 9 (8) (as amended):—

TABLE I

(e) the Table annexed to this paragraph shall be substituted for Table II annexed to section 9 (8) (as amended):—

TABLE II

;

(f) in section 9 (9) (b) (ii) “£1.82” shall be substituted for “£1.62” and “£1.42” for “£1.22” (inserted by the Act of 1972);

(g) in section 10 (1) “four pounds and twenty-five new pence” shall be substituted for “three pounds and seventy-five new pence” (inserted by the Act of 1972);

(h) in section 11 (1) “one pound and eighty-five new pence” shall be substituted for “one pound and thirty-five new pence” (inserted by the Act of 1972) and “one pound and fifty new pence” shall be substituted for “one pound” (inserted by the Act of 1972);

(i) in section 12 (1) (a) “five pounds and thirty-five new pence” shall be substituted for “four pounds and thirty-five new pence” (inserted by the Act of 1972);

(j) in section 12 (1) (b) “six pounds and fifty-five new pence” shall be substituted for “five pounds and fifty-five new pence” (inserted by the Act of 1972);

(k) in section 12 (2) (a) “two hundred and thirty-four pounds” shall be substituted for “one hundred and four pounds”;

(l) in section 13 (1) “£3.50” shall be substituted for “£3” (inserted by the Act of 1972) and “seven pounds” shall be substituted for “eighty shillings”;

(m) in section 15 (1) (a) (i) “seven pounds and ten new pence” shall be substituted for “six pounds and ten new pence” (inserted by the Act of 1972);

(n) in section 15 (1) (a) (ii) “nine pounds and ten new pence” shall be substituted for “eight pounds and ten new pence” (inserted by the Act of 1972);

(o) in sections 17 (2) and 18 (2) “eight pounds and sixty new pence” shall be substituted for “seven pounds and sixty new pence” (inserted by the Act of 1972);

(p) in section 18 (3) “four hundred and forty-seven pounds” shall be substituted for “three hundred and ninety-five pounds” (inserted by the Act of 1972);

(q) in section 19 “two pounds and fifteen new pence” shall be substituted for “one pound and fifty new pence” (inserted by the Act of 1972) in each place where it occurs;

(r) in section 20 “three pounds and eighty new pence” shall be substituted for “two pounds and eighty new pence” (inserted by the Act of 1972) in each place where it occurs, and “eight pounds and sixty new pence” shall be substituted for “seven pounds and sixty new pence” (inserted by the Act of 1972) in each place where it occurs;

(s) in section 21 (2) “five pounds and ten new pence” shall be substituted for “four pounds and ten new pence” (inserted by the Act of 1972);

(t) in section 25 (3) (a) “one pound and forty-two new pence” shall be substituted for “one pound and twenty-two new pence” (inserted by the Act of 1972);

(u) in section 25 (3) (b) “one pound and eighty-two new pence” shall be substituted for “one pound and sixty-two new pence” (inserted by the Act of 1972);

(v) in section 36 (4) “and (m)” shall be inserted after “(k)” (inserted by the Act of 1970);

and

(w) in section 2, subsection (3) shall be deleted.

(2) This section shall come into operation on the 2nd day of July, 1973.

Short title, construction and collective citation.

20.—(1) This Act may be cited as the Social Welfare Act, 1973.

(2) This Act—

(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1972, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1973,

(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1972, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1973,

(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1972, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1973,

(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1970, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Children's Allowances) Acts, 1944 to 1973,

(e) in so far as it amends and extends the Social Welfare Acts, 1952 to 1973, shall be construed as one with those Acts and shall be included in the collective citation, the Social Welfare Acts, 1952 to 1973.