Social Welfare Act, 1979

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Number 8 of 1979

SOCIAL WELFARE ACT, 1979

ARRANGEMENT OF SECTIONS

Number 8 of 1979

SOCIAL WELFARE ACT, 1979

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1978, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1978, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1978, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1977, THE SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) ACT, 1975 , AND THE SOCIAL WELFARE ACTS, 1952 TO 1978. [24th March, 1979]

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 (Miscellaneous Provisions) Act, 1960 ;

“the Act of 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962 ;

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

“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 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 Act of 1975” means the Social Welfare (Supplementary Welfare Allowances) Act, 1975 ;

“the Act of 1977” means the Social Welfare Act, 1977 ;

“the Act of 1978” means the Social Welfare Act, 1978 .

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

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection (2) (inserted by the Act of 1978):

“(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 £18—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £18—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 £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, 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, and

(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 £1.20,

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, pension or allowance under the Social Welfare Acts, 1952 to 1979, 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, pension or allowance under the Social Welfare Acts, 1952 to 1979.

(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 “£8.80” for “seven pounds, sixty new pence” (inserted by the Act of 1978).

(3) Section 77 (6) (inserted by the Act of 1977) of the Act of 1952 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).

(4) Section 8 (1) (a) (inserted by the Act of 1977) of the Old Age Pensions Act, 1924 , is hereby amended by the substitution of “£884” for “seven hundred and eighty pounds”.

(5) This section shall come into operation on the 6th day of April, 1979.

Unemployment assistance (new rates).

3.—(1) In the Act of 1933, Schedule A to this section is hereby substituted for Schedule A inserted by the Act of 1978.

(2) Schedule B to this section shall 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 Act of 1962) of the Act of 1933 shall be those specified in that Schedule.

(3) Schedule C to this section shall 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 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 Act of 1962) of the Act of 1933 shall be those specified in that Schedule.

(4) Section 4 of the Act of 1978 is hereby repealed.

(5) This section shall come into operation on the 28th day of March, 1979.

SCHEDULE A

Rates of Unemployment Assistance

SCHEDULE B

Rates of Unemployment Assistance

SCHEDULE C

Rates of Unemployment Assistance

Calculation of means of certain persons for purposes of unemployment assistance.

4.—(1) Section 8 of the Act of 1965 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Social Welfare Act, 1976 ):

“(1) Subject to sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 13 (1) (c) of the Act of 1933, be deemed to be an amount calculated—

(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of a pound of the valuation,

(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of a pound of the valuation,

(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 and at a proportionate rate for any portion of a pound of the valuation.”.

(2) This section shall come into operation on the 28th day of March, 1979.

Alternative method of calculation of means of certain persons for purposes of unemployment assistance.

5.—The following section is hereby substituted for section 9 of the Act of 1965:

“9. Notwithstanding section 8 of this Act, a person residing in an area standing specified in an order under subsection (3) of that section may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 13 (1) (c) of the Act of 1933, in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934).”.

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

6.—(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 1978):

“(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 £18—at the rate set out in Table B to this subsection,

(ii) where the weekly means of the widow exceed £18 at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £17 but did not exceed £18, less £1.30 for each amount (if any) of £1 by which those weekly means exceed £18, 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, and

(iii) where the widow has attained the age of 80 years—at the rate of pension payable to her in accordance with subparagraph (i) or (ii) of this paragraph plus £1.20.

(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) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the insertion of the following subsections after subsection (7):

“(8) The rates of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £1.30 where the widow has attained the age of 66 years and is living alone.

(9) (a) The weekly rate of pension determined under subsection (1) (a) (i), (1) (a) (ii) or (1) (a) (iii) of this section shall be increased by £8.80 for any period during which—

(i) the widow has attained the age of 66 years and is so incapacitated as to require full-time care and attention,

(ii) there is residing with the widow for the purpose of providing that care and attention a prescribed relative of the widow, and

(iii) such conditions as may be prescribed are fulfilled.

(b) Not more than one increase of pension shall be payable under this subsection or under subsection (4) (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968) of section 26 of the Social Welfare Act, 1952 in respect of any prescribed relative.

(c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of the Social Welfare Act, 1952 .”.

(3) This section, in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, shall come into operation on the 5th day of April, 1979, and, in so far as it relates to widow's (non-contributory) pension, on the 6th day of April, 1979.

Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (abolition of upper age limit).

7.—For the purpose of ensuring that widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance shall not cease to be payable when a recipient attains the age of 66 years—

(a) section 21 of the Act of 1935 (inserted by the Act of 1964 and amended by the Act of 1977) is hereby repealed;

(b) the following is hereby substituted for section 22 (1) (as amended by the Act of 1977) of the Act of 1935:

“(1) A widow's (non-contributory) pension payable to a widow shall, subject to this Act, continue to be payable unless she remarries and in such a case the pension shall cease on and from her remarriage.”;

(c) the following section is hereby substituted for section 36 (as amended by the Act of 1977) of the Act of 1935:

“36. Where the date on which a widow's pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of the pension are to be made, the pension shall continue to be payable in respect of the days in the week up to, but not including, that prescribed day.”;

(d) section 22 (1) (b) of the Act of 1970 (as amended by the Act of 1973) is hereby repealed;

(e) section 8 (1) (b) of the Act of 1973 is hereby repealed;

(f) section 9 (1) (b) of the Act of 1974 is hereby repealed.

Prisoner's wife's allowance (extension of payment period).

8.—Section 9 of the Act of 1974, which provides for prisoner's wife's allowance, is hereby amended by the insertion of the following subsection after subsection (2):

“(2A) A prisoner's wife's allowance shall continue to be paid for a period of four weeks after the release of the prisoner from a prison or place of detention.”.

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

9.—(1) Section 25 (inserted by the Act of 1973) of the Act of 1935 is hereby amended by the substitution of the Table to this section for the Table (inserted by the Act of 1978) to subsection (1).

(2) This section shall come into operation on the 6th day of April, 1979.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

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

10.—(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 (inserted by the Act of 1978).

(2) This section shall come into operation on the 5th day of April, 1979.

TABLE

Rate of Single Woman's Allowance

Supplementary welfare allowance (new rates).

11.—(1) The weekly amounts payable under section 10 of the Act of 1975, and set out in the Table to subsection (1) of that section (as amended by the Act of 1978), shall be the amounts set out in the Table to this section.

(2) This section shall come into operation on the 2nd day of April, 1979.

TABLE

Weekly Amounts of Supplementary Welfare Allowance

Discontinuance of old age (care) allowance.

12.—Section 21 of the Act of 1970, which provides for an allowance referred to in that section as “old age (care) allowance”, is hereby repealed.

Increase in means excluded in calculation of old age pension.

13.—The Seventh Schedule to the Act of 1952, which contains rules as to calculation of means, is hereby amended by the substitution of the following paragraph for paragraph (I) of Rule 1:

“(I) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person) which is invested or is otherwise put to profitable use by the person or which though capable of investment or profitable use is not so invested or put to profitable use by the person, the yearly value of the property being calculated as follows:

(a) the first £200 of the capital value of the property shall be excluded, and

(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

(c) the yearly value of so much of the capital value of the property as exceeds the sum of £575, shall be taken to be one-tenth part of the capital value,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;”.

Increase in means excluded in calculation of widow's (non-contributory) pension.

14.—Rule 1 (I) (a) of the Seventh Schedule to the Act of 1952 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 1963 ), in so far as it relates to a pension under the Widows' and Orphans' Pensions Acts, 1935 to 1979, which provides for the exclusion of the first £100 of the capital value of a widow's property in the calculation of her means for the purposes of such a pension, shall have effect as if “£200” were substituted for “£100”.

Repeal of rule relating to calculation of widow's means.

15.—Rule 4 of the Seventh Schedule to the Act of 1952 (inserted by the Act of 1965), which provides for the inclusion in a widow's means (for the purposes of calculating her widow's (non-contributory) pension) of certain means of a qualified child or qualified children, is hereby repealed.

Increase in certain exclusions in calculation of means of certain persons.

16.—The Seventh Schedule to the Act of 1952, is hereby amended by the substitution of the following subparagraph for subparagraph

(j) of paragraph II of Rule 1 (inserted by the Act of 1960 and amended by the Act of 1965 and the Social Welfare Act, 1971 and applied in the case of pensions under the Old Age Pensions Acts, 1908 to 1979, by the Act of 1964):

“(j) in the case of a person who is not a blind person and who has a qualified child or qualified children who normally resides or reside with him, all earnings derived by him from his personal exertions except and in so far as the annual amount of such earnings is calculated to exceed £104 for each such child.”.

Parts of increases of certain pensions not to be reckoned as means.

17.—(1) Notwithstanding anything in the Seventh Schedule to the Act of 1952, where—

(a) an old age (non-contributory) pension, a widow's (non-contributory) pension or an orphan's (non-contributory) pension is in course of payment to or in respect of a person or the spouse of the person or both of them,

(b) a pension (in this section referred to as “the other pension”), other than a pension mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse of the person or both of them, and

(c) an increase of the other pension occurs on or after the commencement of this section,

in calculating the means of the person or of the spouse or of both of them for the purposes of the Old Age Pensions Acts, 1908 to 1979, or the Widows' and Orphans' Pensions Acts, 1935 to 1979, any of the increase of the other pension which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount of the increase, shall not be reckoned as means.

(2) Section 9 of the Act of 1960 and section 15 of the Social Welfare (Miscellaneous Provisions) Act, 1961 , are hereby repealed.

Exclusion of domestic dwellings and farm buildings in calculation of certain means.

18.—In section 13 (1) (c) of the Act of 1933, Rule 1 (III) of the Seventh Schedule to the Act of 1952 and section 12 (2) (c) of the Act of 1975 (which contain provisions relating to the calculation of means for the purposes of those Acts respectively), “property” shall not include a domestic dwelling or a farm building owned and occupied.

Children's allowances (new rates).

19.—(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 of the following subsection for subsection (1) (inserted by the Act of 1977):

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1979, 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) £3.50 where he is qualified in respect of one qualified child,

(b) £9.00 where he is qualified in respect of two qualified children,

(c) £14.50 where he is qualified in respect of three or more qualified children, plus £5.50 in respect of each qualified child in excess of three.”.

(2) This section shall come into operation on the 1st day of April, 1979.

Social insurance benefits (new rates).

20.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution of the following Part for Part I (inserted by the Act of 1978):

“PART I

Rates of Periodical Benefits and of Increases Thereof

”

(2) Section 14 (2) of the Act of 1977 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).

(3) 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 April, 1979,

(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension—on the 5th day of April, 1979, and

(c) in so far as it relates to old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance—on the 6th day of April, 1979.

Unemployment benefit (increase of certain rates).

21.—(1) Section 5 (2) of the Social Welfare (Miscellaneous Provisions) Act, 1967 , is hereby amended by the substitution of the Table to this section for the Table to that section (inserted by the Act of 1978).

(2) This section shall come into operation on the 2nd day of April, 1979.

TABLE

Extension of period of unemployment benefit for certain married women.

22.—(1) Section 16 (2) of the Act of 1952 shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “one hundred and fifty-six days”.

(2) Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit—

(a) she shall requalify for it when 13 employment contributions have been paid in respect of her in respect of contribution weeks begun or ended since the 156th day for which she was entitled to such benefit, and

(b) on her so requalifying, section 16 (2) of the Act of 1952 (as amended by this section) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(3) Where in a period of interruption of employment a woman referred to in subsection (1) of this section has exhausted her right to 156 days unemployment benefit within the period of 156 days before the commencement of this section, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment from such commencement up to the 315th day of unemployment in that period of interruption of employment.

(4) This section shall come into operation on the 2nd day of April, 1979.

Maternity allowance (removal of restriction on payment).

23.—(1) Section 20 of the Act of 1952, which provides for a maternity allowance, is hereby amended by the substitution of the following subsection for subsection (2):

“(2) Subject to the following provisions of this section, the period for which a maternity allowance is payable shall be the period of twelve weeks beginning with the sixth week before the end of the expected week of confinement, but—

(a) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,

(b) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to paragraph (a) of this subsection, be payable until the expiration of the sixth week after the week in which that date occurs.”.

(2) This section shall come into operation on the 2nd day of April, 1979.

Widow's (contributory) pension (extension of entitlement).

24.—Section 22 of the Act of 1952 (as amended by the Social Welfare (Amendment) Act, 1960 , and the Act of 1974), which provides for a widow's (contributory) pension, is hereby amended by the insertion of the following subsection after subsection (3):

“(3A) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.”.

Occupational injuries benefits (new rates).

25.—(1) Each rate (inserted by the Act of 1978) 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 2nd day of April, 1979.

(3) The increases provided for by subsection (1) of this section, in so far as they relate to sections 9 (8), 9 (9), 10 (1), 11 (1), 17 (2), 18 (2), 19, 20 and 21 (2) of the Act of 1966, shall come into operation on the 6th day of April, 1979.

TABLE

Occupational injuries (increase for pensioners living alone).

26.—(1) Section 20 (1) of the Act of 1977 is hereby amended by the substitution of “£1.30” for “£1.10” (inserted by the Act of 1978).

(2) This section shall come into operation on the 6th day of April, 1979.

Old age pension—notification of increase of means.

27.—Section 16 of the Act of 1960 is hereby amended by the insertion of the following subsection after subsection (3):

“(3A) Where a person has contravened subsection (1) of this section and the Minister is satisfied that there was, in relation to the contravention, no fraudulent intent on the part of the person and that there are no significant resources available to that person, subsections (2) and (3) of this section shall not apply in relation to the increase referred to in that subsection.”.

Short title, construction and collective citation.

28.—(1) This Act may be cited as the Social Welfare Act, 1979.

(2) This Act—

(a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1978, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1979,

(b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1978, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1979,

(c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1978, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1979,

(d) in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1977, 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 1979,

(e) in so far as it amends and extends the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , shall be construed as one with that Act and may be cited together with that Act as the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, and

(f) in so far as it amends and extends the Social Welfare Acts, 1952 to 1978, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1979.