Social Welfare (No. 2) Act, 1974

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Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-eight” for “sixty-nine” (inserted by the Act of 1973) 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 Social Welfare (Miscellaneous Provisions) Act, 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) Section 2 (1) of the Act of 1952 is hereby amended by the substitution of “sixty-eight” for “sixty-nine” (inserted by the Act of 1973) in the definition of “pensionable age”.

(3) Section 81 (1) of the Act of 1952 (as amended by this Act) is hereby amended by the substitution of “sixty-eighth anniversary” for “sixty-ninth anniversary” (inserted by the Act of 1973).

(4) In the case of a person who attains the age of 57 years on or after the 1st day of July, 1974,—

(i) the contribution condition for old age (contributory) pension set out in paragraph 6 (a) (inserted by the Act of 1960) of the Fourth Schedule to the Act of 1952 shall be construed as if “fifty-eight” were substituted for “sixty”, and

(ii) section 9 of the Act of 1952 (as amended by section 4 of the Act of 1960) shall be construed as if “fifty-eight” were substituted for “sixty”.

(5) (a) A person who attains the age of 69 years on or after the 1st day of July, 1974, but before the 5th day of January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts in operation prior to the 1st day of July, 1974, if that would be to his advantage.

(b) A person who has attained the age of 69 years before the 1st day of July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in his case under those provisions.

(c) Entitlement to a widow's (contributory) pension or deserted wife's benefit which is due to be determined by reference to the insurance record of a person attaining the age of 69 years before the 5th day of January, 1976, may be determined under the provisions of the Acts in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(d) A widow or a deserted wife who under the provisions of the Acts in operation prior to the 1st day of July, 1974, has been awarded a widow's (contributory) pension or deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of July, 1974, have a right to such pension or benefit at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in her case under those provisions.

(e) In this subsection “the Acts” means the Social Welfare Acts, 1952 to 1974.

(6) This section shall come into operation on the 1st day of July, 1974.