Social Welfare (Amendment) Act, 1981

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Number 3 of 1981

SOCIAL WELFARE (AMENDMENT) ACT, 1981

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Increases and Miscellaneous Amendments

PART III

New Provisions relating to Maternity Allowance

PART IV

Repeals and Minor Amendments

SCHEDULE A

Rates of Benefit

SCHEDULE B

Rates of Assistance

Number 3 of 1981

SOCIAL WELFARE (AMENDMENT) ACT, 1981

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 . [27th March, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and construction.

1.—This Act may be cited as the Social Welfare (Amendment) Act 1981, and shall be construed as one with the Social Welfare (Consolidation) Act. 1981.

Principal Act.

2.—In this Act “the Principal Act” means the Social Welfare (Consolidation) Act. 1981.

PART II

Increases and Miscellaneous Amendments

Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I, II, III, IV and V of the Second Schedule to that Act of the Parts set out in Schedule A to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 6th day of April, 1981.

(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 2nd day of April, 1981, and

(c) in so far as it relates to death benefits under sections 50, 51 and 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 3rd day of April, 1981.

Social assistance payments and children's allowances (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I, III and IV of the Fourth Schedule to that Act of the Parts set out in Schedule B to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment assistance, on the 1st day of April, 1981.

(b) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension and orphan's (non-contributory) pension, on the 3rd day of April, 1981,

(c) in so far as it relates to deserted wife's allowance, prisoner's wife's allowance, social assistance allowance and single woman's allowance, on the 2nd day of April, 1981,

(d) in so far as it relates to supplementary welfare allowance, on the 6th day of April, 1981, and

(e) in so far as it relates to children's allowances, on the 1st day of July, 1981.

Pay-related social insurance (new rates of contributions and increase in earnings ceiling).

5.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution of—

(a) “3.75 per cent.” for “3.5 per cent.” and “9.55 per cent.” for “8.5 per cent.” in paragraphs (b) (i) and (b) (ii), respectively, and

(b) “£8,500” for “£7,000” in paragraph (c).

(2) Section 11 (1) of the Principal Act is hereby amended by the substitution of “2 per cent.” for “1.8 per cent.”, “5.2 per cent.” for “4.7 per cent.” and “3.2 per cent.” for “2.9 per cent.” in paragraphs (b) (i), (b) (ii) and (b) (iii), respectively.

(3) Section 65 of the Principal Act is hereby amended by the substitution of “0.3 per cent.” for “0.45 per cent.” in subsection (2) (a) (ii).

(4) This section shall come into operation on the 6th day of April, 1981.

Pay-related benefit (additional waiting days for certain benefits).

6.—(1) Section 72 of the Principal Act is hereby amended by the deletion of all the words from “and which is not earlier” to the end of subsection (1) and the substitution therefor of the following:

“and which is not earlier than the 13th day of incapacity for work in a period of incapacity for work (within the meaning of section 18 (4)) or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment: provided that, where a period of incapacity for work is not separated by more than 3 days from a preceding day of unemployment in respect of which pay-related benefit was payable, that benefit shall be payable from the 13th day of incapacity for work in the period of interruption of employment or from the first day of that period of incapacity for work, whichever is the later.”,

and that subsection, as so amended, is set out in the Table to this section.

(2) Section 72 of the Principal Act is hereby further amended by the substitution for subsection (2) of the following subsection:

“(2) For the purposes of this section, any day in respect of which a person is entitled to maternity allowance shall be treated as a day of incapacity for work, and a period of incapacity for work and a subsequent period in respect of which maternity allowance is payable which form part of the same period of interruption of employment shall be treated as one period of incapacity for work.”.

(3) Section 74 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) In calculating for the purposes of section 73 and this section whether, in a period of interruption of employment, a person has had a specified number of days of incapacity for work or a specified number of days of unemployment, account shall be taken of only—

(a) the first 12 days of incapacity for work in that period and any day of incapacity for work in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purpose of section 73,

(b) the first 12 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purpose of section 73.”.

(4) Subsection (1) of this section shall not apply to periods of incapacity for work commencing before the 6th day of April, 1981.

TABLE

(1) Subject to this Chapter, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—

(a) is a day of incapacity for work which forms part of a period of interruption of employment and in respect of which the person is entitled to disability benefit or maternity allowance or in respect of which the person would be entitled to benefit of either of those descriptions but for the fact that injury benefit is payable to the person under Chapter 5 in respect of that day, or

(b) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit,

and which is not earlier than the 13th day of incapacity for work in a period of incapacity for work (within the meaning of section 18 (4)) or which is not earlier than the 13th day of unemployment, as the case may be, in the period of interruption of employment: provided that, where a period of incapacity for work is not separated by more than 3 days from a preceding day of unemployment in respect of which pay-related benefit was payable, that benefit shall be payable from the 13th day of incapacity for work in the period of interruption of employment or from the first day of that period of incapacity for work, whichever is the later.

Pay-related benefit (increase in amount of earnings disregarded).

7.—(1) Section 73 of the Principal Act is hereby amended by the deletion of all the words from “exceeds £14” to the end of the section and the substitution therefor of the following:

“exceeds the sum described hereunder but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week. The sum referred to above is an amount corresponding to the weekly rate of benefit (any fraction of £1 in that rate greater than 50p being regarded as £1 and any such other fraction being disregarded) set out in column (2) of Part I of the Second Schedule at reference 1 (A) (a) (i) applicable on the first day of the benefit year next following the end of the relevant income tax year.”,

and that section, as so amended, is set out in the Table to this section.

(2) This section shall apply to periods of interruption of employment commencing on or after the 6th day of April, 1981.

TABLE

73.—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 the 159th day of incapacity for work, or for any part of that period up to the 159th day of unemployment, 40 per cent.,

(b) for any part of that period from the 160th day of incapacity for work up to the 237th such day, or for any part of that period from the 160th day of unemployment up to the 237th such day, 30 per cent.,

(c) for any part of that period from the 238th day of incapacity for work up to the 315th such day, or for any part of that period from the 238th day of unemployment up to the 315th such day, 25 percent., and

(d) for any part of that period from the 316th day of incapacity for work up to the 393rd such day, or for any part of that period from the 316th day of unemployment up to the 393rd such day, 20 per cent.,

of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds the sum described hereunder but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week. The sum referred to above is an amount corresponding to the weekly rate of benefit (any fraction of £1 in that rate greater than 50p being regarded as £1 and any such other fraction being disregarded) set out in column (2) of Part I of the Second Schedule at reference 1 (A) (a) (i) applicable on the first day of the benefit year next following the end of the relevant income tax year.

Old age pension (removal of fifteen-year residence condition).

8.—(1) Section 159 of the Principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsection:

“(2) Subject to section 163 (2), an old age pension shall not be paid to or in respect of any person during any period for which the person is resident outside the State.”.

(2) Sections 159 (1) (b) and 175 (1) (b) of the Principal Act are hereby repealed.

PART III

New Provisions relating to Maternity Allowance

Maternity allowance (extension of period of entitlement in certain cases).

9.—Section 24 of the Principal Act is hereby amended by—

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

“(2) Subject to the following provisions of this section, the period for which maternity allowance is payable shall be—

(a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act) or

(b) in the case of a woman not so entitled to maternity leave, the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—

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

(ii) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to subparagraph (i), be payable until the expiration of the 6th week after the week in which that date occurs.”; and

(b) the addition of the following subsection:

“(5) For the purpose of subsection (2) (a) (inserted by the Social Welfare (Amendment) Act, 1981), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.

Maternity allowance (amendment of contribution conditions).

10.—Section 25 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The contribution conditions for maternity allowance are—

(a) (i) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant time, and

(ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in a subsequent complete contribution year before the relevant time; or

(b) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the 12 months immediately preceding the first day of a period of maternity leave to which she is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 .

In paragraph (a) “relevant time” means the date of commencement of the 6th week before the end of the expected week of confinement or, in the case of a claimant entitled to maternity leave by virtue of the said section 8 , the first day of that leave.”.

Pay-related benefit (additional benefit for certain recipients of maternity allowance).

11.—(1) The Principal Act is hereby amended by the substitution for section 75 of the following section:

“75. (1) Notwithstanding any other provision in this Chapter, additional benefit (by way of pay-related benefit) shall be paid to a woman entitled to maternity allowance under paragraph (a) of section 24 (2) (inserted by the Social Welfare (Amendment) Act, 1981) to provide that the weekly aggregate of the maternity allowance, pay-related benefit (if any) otherwise payable under the other provisions of this Chapter and such additional benefit will be an amount equal to—

(a) 80% of her reckonable weekly earnings in the income tax year prescribed for the purpose of this section, or

(b) 80% of such amount as may be prescribed as the average reckonable weekly earnings of women in that year,

whichever is the greater.

(2) The percentage specified in subsection (1) may be varied by regulations having regard to such matters as—

(a) movements in the annual average earnings of women, and

(b) the imposition or variation of statutory deductions from or charges on earnings.”.

(2) Section 3 (4) (a) of the Principal Act is hereby amended by the insertion of “75 (2),” after “73,”.

PART IV

Repeals and Minor Amendments

Repeal of certain obsolete provisions of Principal Act.

12.—Sections 34 (5), 34 (8), 131 (3) and 131 (4) of the Principal Act are hereby repealed.

Amendment of section 45 of Principal Act.

13.—Section 45 (2) (a) (which relates to occupational injuries benefit) of the Principal Act is hereby amended by the deletion of “£234 in a year” and the substitution therefor of “such amount as may be prescribed”.

Occupational injuries benefit (payment of prescribed relative allowance to certain pensioners).

14.—(1) Section 50 of the Principal Act is hereby amended by the addition of the following subsection:

“(11) In the case of a person who has attained pensionable age, the weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (6) of Part I of the Second Schedule (as amended by the Social Welfare (Amendment) Act, 1981) for any period during which—

(i) the beneficiary is so incapacitated as to require fulltime care and attention,

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

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

(2) Section 51 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) The death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule, increased, in the case of a person who has attained pensionable age, by—

(a) the amount set out in column (6) of that Part (as amended by the Social Welfare (Amendment) Act, 1981) for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

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

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

(b) the amount set out in column (7) of that Part where the beneficiary is living alone.

(3) Section 124 of the Principal Act is hereby amended by the insertion of “50 (11), 51 (2),” after “sections”.

Extension of meaning of “adult dependant” in the case of old age (contributory) pension and retirement pension.

15.—(1) Section 81 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant and which is not a period in respect of which the adult dependant is in receipt of old age (contributory) pension, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.”.

(2) Section 86 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.”.

Extension of meaning of “qualified child” in the case of retirement pension and invalidity pension.

16.—(1) Section 86 of the Principal Act is hereby amended by the addition of the following subsection:

“(5) In determining the weekly rate of retirement pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.

(2) Section 91 of the Principal Act is hereby amended by the addition of the following subsection:

“(5) In determining the weekly rate of invalidity pension payable to a widow, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.”.

Unemployment assistance (meaning of “trade dispute”).

17.—Section 135 (1) of the Principal Act is hereby amended by the addition of “‘trade dispute’ has the meaning assigned by section 35 (6)”.

Unemployment assistance (offences by bodies corporate).

18.—Section 144 of the Principal Act is hereby amended by the addition of the following subsections:

“(5) Where an offence under this Chapter or under regulations made under this Chapter is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

(6) It shall be a good defence to a prosecution for an offence under subsection (5) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

(7) Any summons or other document required to be served for the purpose of proceedings under this Chapter on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.”.

Amendment of section 305 of Principal Act.

19.—Section 305 of the Principal Act (which relates to means for the purposes of the Debtors Act (Ireland), 1872 ) is hereby amended by the deletion of “with the exception of assistance under Chapters 2 and 3 of Part III”.

Amendment of section 269 of Principal Act.

20.—Section 269 of the Principal Act (which relates to the Supplementary Unemployment Fund) is hereby amended by the substitution for subsections (4) and (5) of the following subsections:

“(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund and income arising from any such investment shall be paid into the Fund.

(5) An investment under subsection (4) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.”.

SCHEDULE A

Section 3.

“Rates of Benefits

Part I

Rates of Periodical Benefits and Increases Thereof

Sections 20 , 21, 31 and 32.

Section 33.

Section 26.

Sections 42 and 44.

Sections 50, 51 and 52.

Sections 80, 81, 85 and 86.

Sections 90 and 91.

Sections 94, 95, 102 and 103.

Section 98.

PART II

Occupational Injuries Benefits—Gratuities and Grant

Section 43 (7) (a).

Section 50 (7).

Section 53 (2).

PART III

Disablement Pension

Section 43 (8).

PART IV

Increases of Disablement Pension

Sections 45 and 46.

PART V

Reduced Rates of Injury Benefit and Disablement Pension

Section 56.

”

SCHEDULE B

“Rates of Assistance

Section 4.

PART I

Rates of Periodical Social Assistance and Increases Thereof

Section 139.

Sections 161 and 162.

Sections 178, 179, 195 (2), 196 (2) and 197 (2).

Section 183.

Section 198(2).

Section 208.

PART III

Increase of Old Age Pension for a Spouse

Section 162 (1) (d).

PART IV

Amounts of Children's Allowances

Section 225.

”