Social Welfare Act, 1977

• Permanent Page URL

Number 3 of 1977

SOCIAL WELFARE ACT, 1977

ARRANGEMENT OF SECTIONS

Number 3 of 1977

SOCIAL WELFARE ACT, 1977

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1976, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1976, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1976, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1976, AND THE SOCIAL WELFARE ACTS, 1952 TO 1976. [21st March, 1977]

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

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

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

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

“the Act of 1975” means the Social Welfare Act, 1975 ;

“the Act of 1976” means the Social Welfare Act, 1976 ;

“the Regulations of 1976” means the Social Welfare (Variation of Rates of Payment) Regulations, 1976 ( S.I. No. 259 of 1976 ).

Old age pensions (new rates, including special increase for pensioners living alone).

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1976 as varied by the Regulations of 1976) 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 £16—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £16—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 £15 but did not exceed £16, less £1.25 for each amount (if any) of £1 by which those weekly means exceed £16, 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 90 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 1977, 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 1977.

(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

”

(2) Section 77 (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969 ) of the Act of 1952 is hereby amended by the substitution of “six pounds, fifty-five new pence” for “six pounds” (inserted by the Regulations of 1976).

(3) The following subsection is hereby inserted after subsection (5) of section 77 of the Act of 1952:

“(6) The rates of pension determined under subsection (2) (a) (i), (2) (a) (ii) or (2) (a) (iii) of this section shall be increased by £1 weekly where the pensioner has attained pensionable age and is living alone.”.

(4) The following is hereby substituted for section 8 (1) of the Old Age Pensions Act, 1924:

“(1) It shall be a statutory condition for the receipt by any person of an old age pension that the person must satisfy the pension authorities that his means as calculated under the Old Age Pensions Acts do not exceed—

(a) in case the person has no child who is a qualified child as defined in subsection (2B) (inserted by the Social Welfare Act, 1974) of section 77 of the Social Welfare Act, 1952 —seven hundred and eighty pounds,

(b) in case the person has one or more than one such qualified child, the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) of the Social Welfare Act, 1952 .”.

(5) This section shall come into operation on the 1st day of April, 1977.

Increase of earnings disregarded in the case of blind persons under Old Age Pensions Acts, 1908 to 1977.

3.—(1) The Seventh Schedule to the Act of 1952, which contains rules as to calculation of means for the purposes of old age pension, is hereby amended by the substitution in Rule 1 (II) (h) of “£208”, “£156” and “£104”, respectively, for “£65”, “£52” and “£39” (inserted by the Act of 1965) in both places where they occur.

(2) This section shall come into operation on the 1st day of April, 1977.

Unemployment assistance (new rates).

4.—(1) In the Act of 1933, the Schedule to this section is hereby substituted for the Schedule to that Act inserted by the Act of 1976.

(2) Notwithstanding subsection (1) of this section—

(a) the Schedule to the Act of 1933 inserted by the Act of 1976 shall continue to apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £10 but does not exceed £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Act of 1965 and, accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ) of the Act of 1933 shall be those specified in the Schedule so inserted, and

(b) the Schedule to the Act of 1933 inserted by the Act of 1975, as varied by the Social Welfare (Variation of Rates of Payment) Regulations, 1975 (S.I. No. 215 of 1975), shall continue to apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £15 but does not exceed £20 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Act of 1965 and, accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962 ) of the Act of 1933 shall be those specified in that Schedule as so varied.

(3) This section shall come into operation on the 30th day of March, 1977.

SCHEDULE

Rates of Unemployment Assistance

Unemployment assistance (modification of Act of 1965).

5.—(1) Notwithstanding section 8. (as amended by the Act of 1976) of the Act of 1965, in any case where the rateable valuation of land which is personally used or enjoyed by a person who is resident in an area specified for the time being in an order under section 8 (3) of the Act of 1965 exceeds £20—

(a) the yearly value of any advantage accruing to such person from the use of such land shall, for the purposes of section 13 (1) (c) of the Act of 1933, be calculated in accordance with the provisions of Regulation 3 (3) of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934), and

(b) a qualification certificate granted in any such case where section 8 of the Act of 1965 applied in the calculation of the yearly value of the advantage accruing to such person from the use of such land shall cease to have effect for unemployment assistance purposes on and from the commencement of this section.

(2) This section shall come into operation on the 30th day of March, 1977.

Unemployment assistance (improvement in qualifying conditions for certain applicants).

6.—(1) The number of employment contributions required to be paid, in respect of a window or spinster who has no dependant, as a condition to be fulfilled by her for the purpose of an application for a qualification certificate under the Act of 1933 shall be not less than 26, and section 10 (3) (f) of that Act (as amended by the Act of 1973) shall be construed and have effect accordingly.

(2) The number of employment contributions required to be paid, in respect of a widow or spinster who has no dependant and is the holder of a qualification certificate under the Act of 1933, as a condition to be complied with by her for entitlement to receipt of unemployment assistance shall be not less than 26, and section 15 (1) (f) of that Act (as amended by the Act of 1973) shall be construed and have effect accordingly.

(3) This section shall come into operation on the 30th day of March, 1977.

Unemployment assistance (extension of meaning of term “adult dependant” and removal of certain disqualifications).

7.—(1) The following is hereby substituted for the definition of “adult dependant” in section 4 (1A) (inserted by the Act of 1952) of the Unemployment Assistance (Amendment) Act, 1935 :

“the expression ‘adult dependant’ means—

(a) in the case of a married man—his wife if she is living with him or wholly or mainly maintained by him,

(b) in the case of a married woman—her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and

(c) in the case of a single person, a widow, a widower or a person in receipt of a deserted wife's allowance or deserted wife's benefit under the Social Welfare Acts, 1952 to 1977—any female person (being a person who has attained the age of sixteen years) having the care of his or her child dependant or child dependants and wholly or mainly maintained by him or her.”.

(2) The following is hereby substituted for section 9 of the Unemployment Assistance (Amendment) Act, 1935 , as amended by the Act of 1952:

“9.—A person shall be disqualified for receiving unemployment assistance—

(a) while he is resident, whether temporarily or permanently, outside the State; or

(b) while he is undergoing imprisonment or detention in any prison or other place of detention maintained wholly or partly out of public moneys; or

(c) while he is an inmate of any institution maintained wholly or partly out of public moneys or by a local authority; or

(d) while he is in receipt of or entitled to—

(i) pension under section 6 of the Old Age Pensions Act, 1932 (No. 18 of 1932), or

(ii) any disability benefit, unemployment benefit or maternity allowance under the Social Welfare Act, 1952 .”.

(3) This section shall come into operation on the 30th day of March, 1977.

Widows' (non-contributory) pensions, deserted wife's allowance social assistance allowance, for unmarried mothers and prisoner's wife's allowance (new rates).

8.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Act of 1976, as varied by the Regulations of 1976):

“(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 £16—at the rate set out in Table B to this subsection, and

(ii) where the weekly means of the widow exceed £16—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £15 but did not exceed £16, less £1.25 for each amount (if any) of £1 by which those weekly means exceed £16, 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, in so far as it relates to widow's (non-contributory) pension, shall come into operation on the 1st day of April, 1977, and, in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, on the 31st day of March, 1977.

Orphans'(non-contributory) pensions (new rates).

9.—(1) Section 25 (inserted by the Act of 1973) of the Act of 1935 is hereby amended by the substitution for the Table (inserted by the Act of 1976 as varied by the Regulations of 1976) to subsection (1) of the Table to this section.

(2) This section shall come into operation on the 1st day of April, 1977.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

Children's allowances (new rates).

10.—(1) Section 6 (inserted by 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 section 7 of the Act of 1975) of the following subsection:—

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1977, 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) £6.40 where he is qualified in respect of two qualified children,

(c) £11.25 where he is qualified in respect of three or more qualified children, plus £4.85 in respect of each qualified child in excess of three.”.

(2) This section shall come into operation on the 1st day of July, 1977.

Single woman's allowance (new rates).

11.—(1) Section 8 of the Act of 1974 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1976, as varied by the Regulations of 1976) of the Table to this section.

(2) This section shall come into operation on the 31st day of March, 1977.

TABLE

Rate of Single Woman's Allowance

Old age (care) allowance (new rates).

12.—(1) Section 21 (1) of the Social Welfare Act, 1970 , which provides for old age (care) allowance, is hereby amended by the substitution of “£6.55” for “£6.00” (inserted by the Regulations of 1976).

(2) This section shall come into operation on the 1st day of April, 1977.

Reduction of qualifying age for pension purposes.

13.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-six” for “sixty-seven” (inserted by the Act of 1975) 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-six” for “sixty-seven” (inserted by the Act of 1975) 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-sixth anniversary” for “sixty-seventh anniversary” (inserted by the Act of 1975).

(4) In the case of a person who attains the age of 55 years on or after the 1st day of October, 1977—

(i) the contribution condition for old age (contributory) pension set out in paragraph 6 (a) (inserted by the Social Welfare (Amendment) Act, 1960 ) of the Fourth Schedule to the Act of 1952 shall be construed as if “fifty-six” were substituted for “sixty”, and section 10 (4) (i) of the Act of 1975 shall not apply on his attaining the age of fifty-six years 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 Social Welfare (Amendment) Act, 1960 ) shall be construed as if “fifty-six” were substituted for “sixty”, and section 10 (4) (ii) of the Act of 1975 shall not apply on his attaining the age of fifty-six years 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 67 years on or after the 1st day of October, 1977, but before the 1st day of January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts in operation prior to the 1st day of October, 1977, if that would be to his advantage.

(b) A person who has attained the age of 67 years before the 1st day of October, 1977, 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 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts in operation prior to the 1st day of October, 1977, 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 October, 1977, 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 October, 1977, 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 1977.

(6) This section shall come into operation on the 1st day of October, 1977.

Social insurance benefits (new rates, including special increase for pensioners living alone).

14.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1976, as varied by the Regulations of 1976) of the following Part:

“PART I

Rates of Periodical Benefits and of Increases Thereof

”

(2) The weekly rate of invalidity pension, widow's (contributory) pension, deserted wife's benefit, retirement pension or old age (contributory) pension shall be increased by £1 weekly where the person entitled to such benefit or pension has attained pensionable age and is living alone.

(3) This section shall come into operation—

(a) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension—on the 31st day of March, 1977,

(b) in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension—on the 1st day of April, 1977, and

(c) in so far as it relates to disability benefit, unemployment benefit and maternity allowance—on the 4th day of April, 1977.

Increase of certain rates of unemployment benefit.

15.—(1) Section 5 (2) of the Social Welfare (Miscellaneous Provisions) Act, 1967 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1976) of the Table to this section.

(2) This section shall come into operation on the 4th day of April, 1977.

TABLE

Extension of meaning of term “adult dependant” in the case of certain benefits.

16.—(1) (a) Section 26 of the Act of 1952, which provides for an increase of disability benefit or unemployment benefit in certain cases, is hereby amended by the substitution of the following paragraph for paragraph (c):

“(c) the beneficiary, being a single person, a widow, a widower, or a person in receipt of a deserted wife's allowance or deserted wife's benefit under the Social Welfare Acts, 1952 to 1977, is maintaining wholly or mainly a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,”.

(b) This subsection shall come into operation on the 4th day of April, 1977.

(2) (a) Section 26 (5) (inserted by the Social Welfare Act, 1970 ) of the Act of 1952, which provides for an increase of invalidity pension in certain cases, is hereby amended by the substitution for paragraph (b) thereof of the following:

“(b) any period during which the beneficiary, being a single person, a widow, a widower, or a person in receipt of a deserted wife's allowance or deserted wife's benefit under the Social Welfare Acts, 1952 to 1977, is maintaining wholly or mainly a female person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the beneficiary,”.

(b) This subsection shall come into operation on the 31st day of March, 1977.

Employment contributions (new rates).

17.—(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 4th day of April, 1977.

TABLE

(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 4th day of April, 1977, and ending on the 2nd day of April, 1978.

TABLE

Voluntary contributions (new rates).

18.—(1) Section 6 of the Act of 1952 is hereby amended by the substitution for subsection (2) (inserted by the Act of 1976) 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) £1.20 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) £3.10 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) The weekly rate of voluntary contribution payable by a person to whom section 17 of the Act of 1975 applies shall be £1.90 in the case both of male voluntary contributors and female voluntary contributors.

(3) This section shall come into operation on the 4th day of April, 1977.

Occupational injuries benefits (new rates).

19.—(1) Each rate (inserted by the Act of 1976 as varied by the Regulations of 1976) of occupational injuries benefit in the Act of 1966 mentioned in column (1) of the Table to this section is hereby increased by the substitution for that rate of the rate specified in column (2) of that Table opposite that mention in column (1).

(2) Subject to subsection (3) of this section, this section shall come into operation on the 4th day of April, 1977.

(3) The increases provided for by subsection (1) of this section, in so far as they relate to sections 17 (2), 18 (2), 18 (3), 19, 20 and 21 (2) of the Act of 1966, shall come into operation on the 1st day of April, 1977.

TABLE

Occupational injuries (special increase for pensioners living alone).

20.—(1) The weekly rate of pension payable to a widow, a widower or a parent in receipt of death benefit under section 17, 18 or 20 of the Act of 1966 shall be increased by £1 where the beneficiary has attained pensionable age and is living alone.

(2) This section shall come into operation on the 1st day of April, 1977.

Occupational injuries (extension of meaning of term “adult dependant”).

21.—(1) Section 10 (1) of the Act of 1966 is hereby amended by the substitution of the following paragraph for paragraph (c):

“(c) the beneficiary, being a single person, a widow, a widower or a person in receipt of a deserted wife's allowance or deserted wife's benefit under the Social Welfare Acts, 1952 to 1977, is maintaining wholly or mainly a female person over the age of 16 years having the care of one or more than one child qualified for the purposes of this Act who normally resides or reside with the beneficiary,”.

(2) This section shall come into operation on the 4th day of April, 1977.

Reciprocal arrangements.

22.—The following section is hereby substituted for section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1966 :

“15.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with any international organisation, any other State or Government or the proper authority under any other Government, in respect of matters relating to insurance and benefits under the Social Welfare Acts, 1952 to 1977, pensions under the Old Age Pensions Acts, 1908 to 1977, pensions under the Widows' and Orphans' Pensions Acts, 1935 to 1977, assistance under the Unemployment Assistance Acts, 1933 to 1977, and allowances under the Social Welfare (Children's Allowances) Acts, 1944 to 1977, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.

(2) The Minister may by order amend or revoke an order under this section.”.

Short title, construction and collective citation.

23.—(1) This Act may be cited as the Social Welfare Act, 1977.

(2) This Act—

(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1976, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1977,

(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1976, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1977,

(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1976, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1977,

(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1976, 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 1977, and

(e) in so far as it amends and extends the Social Welfare Acts, 1952 to 1976, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1977.