Social Welfare Act, 1975

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Number 1 of 1975

SOCIAL WELFARE ACT, 1975

ARRANGEMENT OF SECTIONS

Number 1 of 1975

SOCIAL WELFARE ACT, 1975

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1974, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1974, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1974, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1974, THE SOCIAL WELFARE ACTS, 1952 TO 1974 AND THE EDUCATION (PROVISION OF MEALS) ACTS, 1914 TO 1930. [26th March, 1975]

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 1952” means the Social Welfare Act, 1952 ;

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

“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ;

“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969 ;

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

“the Act of 1973” means the Social Welfare Act, 1973 ;

“the Act of 1974” means the Social Welfare (No. 2) Act, 1974 ;

“the Minister” means the Minister for Social Welfare.

Old age pensions (new rates, 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 1974) of the following subsection:

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

(i) where the weekly means of the claimant or pensioner do not exceed £15—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £15—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any fraction of £1 in those 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,

(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 70 new pence,

and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—

(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975, or

(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1975.

(b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

TABLE A

RATE OF PENSION

TABLE B

INCREASE FOR AN ADULT DEPENDANT

”

and

(b) the substitution in subsection (5) (inserted by the Act of 1969) of “four pounds, ninety-five new pence” for “four pounds, fifteen new pence” (inserted by the Act of 1974).

(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1974) is hereby amended by the substitution of “seven hundred and twenty-eight pounds” for “five hundred and ninety-eight pounds” in subsection (1) (i).

(3) This section shall come into operation on the 4th day of April, 1975.

Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1974) there is hereby substituted the Schedule to this section.

(2) This section shall come into operation on the 2nd day of April, 1975.

SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE

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

4.—(1) Subsection (1) (inserted by the Act of 1974) of section 20 of the Act of 1935 is hereby amended by the substitution 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 £15—at the rate set out in Table B to this subsection, and

(ii) where the weekly means of the widow exceed £15—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, any fraction of £1 in those 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.

(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 3rd day of April, 1975, in the case of allowances payable by virtue of section 22 of the Act of 1970, section 8 of the Act of 1973 or section 9 of the Act of 1974, and on the 4th day of April, 1975, in all other cases.

Modification of rules relating to weekly means in relation to certain old age and widows' (non-contributory) pensions.

5.—(1) For the purpose of applying the weekly rates specified in the Tables inserted by sections 2 and 4 of this Act (or in any Tables subsequently substituted for those Tables) to a case where the weekly means of the claimant or pensioner are or include means assessed in accordance with paragraph (I) of Rule 1 of the Rules as to Calculation of Means contained in the Seventh Schedule to the Act of 1952, the weekly means shall, subject to subsection (2) of this section, be taken to be increased by £1.

(2) Subsection (1) of this section shall not apply where the weekly means assessed as specified in that subsection are less than £1.

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

6.—(1) Section 25 (inserted by section 5 of the Act of 1973) of the Act of 1935 is hereby amended by the substitution for the Table (inserted by the Act of 1974) to subsection (1) of the Table to this section.

(2) This section shall come into operation on the 4th day of April, 1975.

TABLE

WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS

Children's allowances (new rates).

7.—(1) Section 6 (inserted by section 3 of the Social Welfare (Children's Allowances) Act, 1952 ) of the Children's Allowances (Amendment) Act, 1946 , is hereby amended by the substitution for subsection (1) (inserted by the Act of 1974) of the following subsection:—

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1975, 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) £2.30 where he is qualified in respect of one qualified child,

(b) £5.90 where he is qualified in respect of two qualified children,

(c) £10.25 where he is qualified in respect of three or more qualified children, plus £4.35 in respect of each qualified child in excess of three. ”.

(2) This section shall come into operation on the 1st day of April, 1975.

Single woman's allowance (new rates and extension of means limit).

8.—(1) Section 8 of the Act of 1974 is hereby amended by the substitution of the Table to this section for the Table to that section.

(2) This section shall come into operation on the 3rd day of April, 1975.

TABLE

RATE OF SINGLE WOMAN'S ALLOWANCE

Old age (care) allowance (new rate).

9.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£4.95” for “£4.15” (inserted by the Act of 1974).

(2) This section shall come into operation on the 3rd day of April, 1975.

Reduction of qualifying age for pension purposes.

10.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-seven” for “sixty-eight” (inserted by the Act of 1974) 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-seven” for “sixty-eight” (inserted by the Act of 1974) 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-seventh anniversary” for “sixty-eighth anniversary” (inserted by the Act of 1974).

(4) In the case of a person who attains the age of 56 years on or after the 1st day of April, 1975—

(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-seven” were substituted for “sixty”, and section 11 (4) (i) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years, 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-seven” were substituted for “sixty”, and section 11 (4) (ii) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years.

(5) (a) A person who attains the age of 68 years on or after the 1st day of April, 1975, but before the 3rd day of January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts in operation prior to the 1st day of April, 1975, if that would be to his advantage.

(b) A person who has attained the age of 68 years before the 1st day of April, 1975, 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 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts in operation prior to the 1st day of April, 1975, 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 April, 1975, 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 April, 1975, 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 1975.

(6) This section shall come into operation on the 1st day of April, 1975.

Social insurance benefits (new rates).

11.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1974) 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 7th day of April, 1975,

(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 3rd day of April, 1975, and

(c) in so far as it relates to any other benefit, on the 4th day of April, 1975.

Increase of certain rates of unemployment benefit.

12.—(1) Section 5 of the Social Welfare (Miscellaneous Provisions) Act, 1967 , is hereby amended by the substitution for the Table to subsection (2) (amended by the Act of 1974) of the Table to this section.

(2) This section shall come into operation on the 7th day of April, 1975.

TABLE

Employment contributions (new rates).

13.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution specified in each paragraph mentioned in column (1) of the Table to this subsection, of the rate specified in column (2) of that Table opposite that mention in column (1).

(b) This subsection shall come into operation on the 7th day of April, 1975.

(2) (a) The rates of employment contribution payable under paragraphs 1, 2, 2A, 3A, 6 and 7 of the Second Schedule to the Act of 1952, as amended by subsection (1) of this section, shall be increased by the addition to the rate of contribution specified in each paragraph mentioned in column (1) of the Table to this subsection of the rate specified in column (2) of that Table opposite that mention in column (1).

(b) This subsection shall apply in the period commencing on the 7th day of April, 1975, and ending on the 4th day of April, 1976.

TABLE

Voluntary contributions (new rates).

14.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1960) of the following subsection:

“(2) Voluntary contributions shall be weekly contributions which shall be paid by voluntary contributors who are under pensionable age at the rate of—

(a) £0.83 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are not reckonable for the purposes of old age (contributory) pension, and

(b) £2.17 for each contribution week where, immediately before ceasing to be employed contributors, they were insurably employed in employment in respect of which the employment contributions payable are reckonable for the purposes of old age (contributory) pension,

in the case both of male voluntary contributors and female voluntary contributors. ”

(2) This section shall come into operation on the 7th day of April, 1975.

Occupational injuries benefits (new rates and contributions).

15.—(1) The Act of 1966 is hereby amended as follows:

(a) in section 8 (3) (a) “£10.20” shall be substituted for “eight pounds and forty new pence” (inserted by the Act of 1974);

(b) in section 8 (3) (b) “£13.10” shall be substituted for “ten pounds and eighty new pence” (inserted by the Act of 1974);

(c) in section 9 (7) (a) “£900” shall be substituted for “seven hundred and forty pounds” (inserted by the Act of 1974);

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

TABLE I

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

TABLE II

(f) in section 9 (9) (b) (ii) “£2.62” shall be substituted for “£2.16” and “£2.04” for “£1.68” (inserted by the Act of 1974);

(g) in section 10 (1) “£6.10” shall be substituted for “five pounds and five new pence” (inserted by the Act of 1974);

(h) in section 11 (1) “£2.65” shall be substituted for “two pounds and twenty new pence” (inserted by the Act of 1974) and “£2.20” shall be substituted for “one pound and eighty new pence” (inserted by the Act of 1974);

(i) in section 12 (1) (a) “£8.20” shall be substituted for “six pounds and fifty-five new pence” (inserted by the Act of 1974);

(j) in section 12 (1) (b) “£9.40” shall be substituted for “seven pounds and seventy-five new pence” (inserted by the Act of 1974);

(k) in section 13 (1) “£4.95” shall be substituted for “£4.15” (inserted by the Act of 1974) and “£10” shall be substituted for “eight pounds and thirty new pence” (inserted by the Act of 1974);

(l) in section 15 (1) (a) (i) “£10.20” shall be substituted for “eight pounds and forty new pence” (inserted by the Act of 1974);

(m) in section 15 (1) (a) (ii) “£13.10” shall be substituted for “ten pounds and eighty new pence” (inserted by the Act of 1974);

(n) in sections 17 (2) and 18 (2) “£12.30” shall be substituted for “ten pounds and fifteen new pence” (inserted by the Act of 1974);

(o) in section 18 (3) “£639” shall be substituted for “five hundred and twenty-eight pounds” (inserted by the Act of 1974);

(p) in section 19 “£3.15” shall be substituted for “two pounds and fifty-five new pence” (inserted by the Act of 1974) in each place where it occurs;

(q) in section 20 “£5.45” shall be substituted for “four pounds and fifty new pence” (inserted by the Act of 1974) in each place where it occurs and “£12.30” shall be substituted for “ten pounds and fifteen new pence” (inserted by the Act of 1974) in each place where it occurs;

(r) in section 21 (2) “£7.35” shall be substituted for “six pounds and five new pence” (inserted by the Act of 1974);

(s) in section 25 (3) (a) “£2.04” shall be substituted for “one pound and sixty-eight new pence” (inserted by the Act of 1974);

(t) in section 25 (3) (b) “£2.62” shall be substituted for “two pounds and sixteen new pence” (inserted by the Act of 1974), and

(u) in sections 36 (2) (b) and 36 (3), “12p” shall be substituted for “11p” (inserted by the Act of 1970), and “9p” shall be substituted for “8p” (inserted by the Act of 1970).

(2) Subsections (1) (n), (1) (o), (1) (p), (1) (q) and (1) (r) of this section shall come into operation on the 4th day of April, 1975, and the remaining provisions of subsection (1) shall come into operation on the 7th day of April, 1975.

Regulations varying rates of benefit, allowance, pension or assistance.

16.—(1) Notwithstanding anything in the Old Age Pensions Acts, 1908 to 1975, the Unemployment Assistance Acts, 1933 to 1975, the Widows' and Orphans' Pensions Acts, 1935 to 1975, the Social Welfare Acts, 1952 to 1975, or in any regulations made under any of those Acts, the Minister, with the consent of the Minister for Finance, may by regulations vary all or any of the rates of benefit, allowance, pension or assistance payable under any of those Acts.

(2) Regulations under subsection (1) of this section shall not so vary the rate of any benefit, allowance, pension or assistance as to reduce the amount of such benefit, allowance, pension or assistance payable at the commencement of the regulations.

(3) Regulations under subsection (1) of this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Entitlement to continue to be a voluntary contributor.

17.—(1) This section applies to a person who—

(a) on the 31st day of March, 1974, was a voluntary contributor entitled to pay voluntary contributions at the rate specified in section 6 (2) (b) of the Act of 1952, and

(b) became, by virtue of section 12 (1) of the Act of 1973, an employed contributor in respect of whom special rate contributions are payable under paragraph 4 or 5 of the Second Schedule of the Act of 1952.

(2) Notwithstanding section 4 (3) of the Act of 1952, a person to whom this section applies shall continue to be entitled to be a voluntary contributor upon applying to the Minister in writing for such entitlement.

(3) Notwithstanding anything in the Act of 1952, the rate of voluntary contribution payable by a person to whom this section applies shall (in the case both of male voluntary contributors and female voluntary contributors) be 80p for the period commencing on the 1st day of April, 1974, and ending on the 30th day of June, 1974, £1.03 for the period commencing on the 1st day of July, 1974, and ending on the 6th day of April, 1975, and £1.34 after the 6th day of April, 1975.

(4) Voluntary contributions paid under this section by a person to whom this section applies shall be disregarded in determining whether the contribution conditions for any benefit other than retirement pension, old age (contributory) pension or death grant are satisfied.

Extension of Education (Provision of Meals) Acts, 1914 to 1930.

18.—(1) Where a local authority is satisfied that not less than one-half of the children attending a national school situated outside the authority's functional area reside either in that area or outside that area but in dwellings owned or provided by the authority, the local authority may determine that the Education (Provision of Meals) Acts, 1914 to 1930, shall apply to that national school as if it were situated in the authority's functional area.

(2) A local authority may revoke a determination under subsection (1) of this section.

(3) The making or revoking of a determination under subsection (1) of this section shall be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and for the purposes of the Acts relating to the management of county boroughs.

(4) In this section “local authority” means a body which is a local authority either within the meaning of the Education (Provision of Meals) Acts, 1914 to 1930, or for the purposes of those Acts.

Short title, construction and collective citation.

19.—(1) This Act may be cited as the Social Welfare Act, 1975.

(2) This Act—

(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1974, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1975,

(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1974, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1975,

(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1974, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1975,

(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1974, 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 1975,

(e) in so far as it amends and extends the Social Welfare Acts, 1952 to 1974, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1975.

(3) This Act in so far as it extends the Education (Provision of Meals) Acts, 1914 to 1930, and the Social Welfare (Miscellaneous Provisions) Act, 1957 in so far as it amends and extends those Acts, shall be construed as one with those Acts and may be cited together with them as the Education (Provision of Meals) Acts, 1914 to 1975.