Social Welfare (Pay-Related Benefit) Act, 1975

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Number 8 of 1975

SOCIAL WELFARE (PAY-RELATED BENEFIT) ACT, 1975

ARRANGEMENT OF SECTIONS

Number 8 of 1975

SOCIAL WELFARE (PAY-RELATED BENEFIT) ACT, 1975

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (PAY-RELATED BENEFIT) ACT, 1973. [31st May, 1975]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

“Principal Act”.

1.—In this Act “the Principal Act” means the Social Welfare (Pay-Related Benefit) Act, 1973.

Amendment of section 3 of Principal Act.

2.—Section 3 of the Principal Act is hereby amended by—

(a) the substitution for subsection (2) of the following subsection:

“(2) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of incapacity for work after the two hundred and thirty-seventh day of incapacity for work in that period or in respect of any day of unemployment after the two hundred and thirty-seventh day of unemployment in that period.”, and

(b) the substitution for subsection (4) (inserted by the Social Welfare (No. 2) Act, 1974) of the following subsection:

“(4) In calculating for the purposes of this Act whether a person has had a specified number of days of incapacity for work or a specified number of days of unemployment in a period of interruption of employment, account shall not be taken of—

(a) any day of incapacity for work in that period in respect of which the person was not paid disability benefit, maternity allowance or injury benefit, other than a day to which section 15 (2) of the Act of 1952 applies, or

(b) any day of unemployment in that period in respect of which that person was not paid unemployment benefit, other than a day to which the said section 15 (2) applies.”.

Rate of pay related benefit.

3.—The following section is hereby substituted for section 4 of the Principal Act:

“4. The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be an amount equal to—

(a) for any part of that period up to and including the one hundred and fifty-ninth day of incapacity for work, or for any part of that period up to and including the one hundred and fifty-ninth day of unemployment, forty per cent., and

(b) for any part of that period on and from the one hundred and sixtieth day of incapacity for work, or for any part of that period on and from the one hundred and sixtieth day of unemployment, thirty per cent.,

of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £14 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict by reference to those earnings the total amount of benefit payable under the Acts to the person in respect of any week.”.

Transitional provision.

4.—(1) Notwithstanding the provisions of subsection (2) of section 3 of the Principal Act but subject to the provisions of subsection (1) of that section, where, in a period of interruption of employment which began before the commencement of this Act, a person has, before such commencement, received pay-related benefit and had not less than 159 days of incapacity for work, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of incapacity for work occurring after such commencement but before the three hundred and sixteenth day of incapacity for work in that period of interruption of employment.

(2) Notwithstanding the provisions of subsection (2) of section 3 of the Principal Act but subject to the provisions of subsection (1) of that section, where, in a period of interruption of employment which began before the commencement of this Act, a person has, before such commencement, received pay-related benefit and had not less than 159 days of unemployment, he shall be entitled to pay-related benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after such commencement but before the three hundred and sixteenth day of unemployment in that period of interruption of employment.

Power to extend duration of pay-related benefit.

5.—(1) The Minister may, whenever he so thinks fit, with the consent of the Minister for Finance, by order—

(a) extend by any number of days not exceeding 78 days the number of days of incapacity for work and the number of days of unemployment in respect of which a person is entitled to pay-related benefit; and

(b) specify the weekly rate at which pay-related benefit shall be payable in respect of the days for which it is payable by virtue of the order:

Provided, however, that in any period of interruption of employment a person shall not be entitled by virtue of an order under this section to pay-related benefit in respect of any day of incapacity for work after the three hundred and fifteenth day of incapacity for work in that period or in respect of any day of unemployment after the three hundred and fifteenth day of unemployment in that period.

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

Short title, construction, collective citation and commencement.

6.—(1) This Act may be cited as the Social Welfare (Pay-Related Benefit) Act, 1975, and shall be construed as one with the Social Welfare Acts, 1952 to 1975.

(2) The collective citation “the Social Welfare Acts, 1952 to 1975” shall include this Act.

(3) This Act shall come into operation on such day as the Minister may appoint by order.