Social Welfare Act, 1983

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Number 6 of 1983

SOCIAL WELFARE ACT, 1983

ARRANGEMENT OF SECTIONS

SCHEDULE A

SCHEDULE B

Number 6 of 1983

SOCIAL WELFARE ACT, 1983

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 AND 1982. [31st March, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1982” means the Social Welfare Act, 1982 ;

“the Principal Act” means the Social Welfare (Consolidation) Act, 1981 .

Social insurance benefits (new rates).

2.—(1) The Principal Act is hereby amended by the substitution for Parts I to V of the Second Schedule (inserted by the Act of 1982) 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, deserted wife's benefit, invalidity pension, retirement pension, injury benefit, disablement gratuity and disablement pension, on the 30th day of June, 1983, and

(b) in so far as it relates to death benefit under section 50, 51 or 52 of the Principal Act, old age (contributory) pension, widow's (contributory) pension and orphan's (contributory) allowance, on the 1st day of July, 1983.

Social assistance payments (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III of the Fourth Schedule (inserted by the Act of 1982) 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 and supplementary welfare allowance, on the 29th day of June, 1983,

(b) 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 30th day of June, 1983, and

(c) 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 1st day of July, 1983.

Pay-related social insurance contributions (increase in earnings ceiling).

4.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1982) of the following paragraph:

“(c) where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £13,000 and contributions under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year.”.

(2) This section shall come into operation on the 6th day of April, 1983.

Short-time employment.

5.—The following definition is hereby inserted in section 2 (1) of the Principal Act after the definition of “regulations”:

“‘short-time employment’ means employment in which, for the time being, a number of days is systematically worked in a working week which is less than the number of days which is normal in a working week in the employment concerned.”.

Title to unemployment benefit.

6.—(1) The following subsection is hereby inserted after subsection (6) of section 29 of the Principal Act:

“(7) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which such benefit is paid and the number of days worked shall not exceed 5, and in such a case the amount payable by way of such benefit for any day of unemployment in that week shall, notwithstanding subsection (6), be one-fifth of the appropriate weekly rate.”.

(2) This section shall come into operation on the 4th day of April, 1983.

Title to pay-related benefit.

7.—(1) The following subsection is hereby inserted after subsection (2) of section 72 of the Principal Act:

“(3) Notwithstanding subsection (1), a person engaged in short-time employment shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.”.

(2) This section shall come into operation on the 4th day of April, 1983.

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

8.—(1) Section 72 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by the Social Welfare (Amendment) Act, 1981 ) of the following subsection:

“(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 19th 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 19th 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 19th 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.”.

(2) This section shall apply to—

(a) periods of incapacity for work (within the meaning of section 18 (4) of the Principal Act), and

(b) periods of interruption of employment,

which commence on or after the 4th day of April, 1983.

Rate of pay-related benefit.

9.—(1) The following section is hereby substituted for section 73 of the Principal Act (inserted by the Social Welfare (Amendment) Act, 1981 ):

“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, 25 per cent.,

(b) for any part of that period from the 160th day of incapacity for work up to the 393rd such day, or for any part of that period from the 160th 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 £36 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.”.

(2) (a) Paragraphs (a) and (b) of section 73 of the Principal Act (inserted by this Act) shall come into operation on the 4th day of April, 1983.

(b) The provision in section 73 of the Principal Act relating to the sum of £36 (inserted by this Act) shall apply to periods of interruption of employment commencing on or after the 4th day of April, 1983.

Duration of payment of pay-related benefit.

10.—(1) Section 74 of the Principal Act is hereby amended by the substitution for subsection (2) (inserted by the Social Welfare (Amendment) Act, 1981 ) 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 18 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 18 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.”.

(2) This section shall apply to periods of interruption of employment commencing on or after the 4th day of April, 1983.

Maternity grant.

11.—The following section is hereby inserted after section 106 of the Principal Act:

“Withdrawal of grant.

106A.—Notwithstanding anything in sections 104 to 106, a maternity grant shall not be payable in respect of a confinement occurring on or after the 4th day of April, 1983.”.

Children's allowances (modification of qualifications).

12.—(1) Section 223 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) A child shall be a qualified child (in this Part referred to as a qualified child) for the purposes of children's allowances if—

(a) he is under the age of 16 years, or

(b) having attained the age of 16 years he is under the age of 18 years and—

(i) is receiving full-time instruction by day at any university, college, school or other educational establishment, or

(ii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period, and

(c) he is ordinarily resident in the State, and

(d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.”.

(2) This section shall come into operation on the 1st day of July, 1983.

Unemployment assistance (abolition of alternative method of calculation of means).

13.—(1) Section 147 of the Principal Act is hereby repealed.

(2) Notwithstanding subsection (1) of this section, in the case of a holder of a qualification certificate under section 136 of the Principal Act for whom the yearly advantage from the use of land was, immediately before the commencement of this section, calculated in accordance with the provisions of paragraph (a), (b) or (c) of section 147 (1) of the Principal Act—

(a) such yearly advantage shall be deemed to be as so calculated; and

(b) the rate of unemployment assistance payable shall be the appropriate rate specified in the Fourth Schedule to the Principal Act for a person for whom such yearly advantage is so calculated,

until such yearly advantage has been calculated for the purposes of section 146 (1) (c) of the Principal Act 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), such calculation in all cases being made as soon as practicable but not in any event later than three years from the commencement of this section.

Employment contributions (modification of liability).

14.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (7) of the following subsection:

“(8) Where, in the contribution year commencing on the 6th day of April, 1982, the whole or any part of a payment which is made to or for the benefit of an employed contributor in respect of reckonable earnings represents an amount due under a retro spective agreement in relation to pay in respect of arrears for an earlier contribution year—

(a) employment contributions in respect of that amount shall, except where such contributions would be more than those payable but for this provision, be payable as if that amount had been paid in that earlier contribution year, no contribution being payable where, by virtue of the provisions of section 10 (1) (c), no further contribution is payable in respect of that earlier contribution year, and

(b) that amount shall be disregarded in the application of the provisions of section 10 (1) (c) in relation to the contribution year commencing on the 6th day of April, 1982.”.

Supplementary welfare allowance (financing of health board expenditure).

15.—Section 218 of the Principal Act is hereby amended—

(a) by the substitution of the following subsection for subsection (8):

“(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance and costs of administration of that allowance as is not met by income under this section.”,

and

(b) by the insertion of the following subsection after subsection (8):

“(9) Notwithstanding any other provision of this section—

(a) the total amount to be paid under subsection (1) by all local authorities referred to in that subsection in respect of each of the years ending on 31st December, 1981, and on 31st December, 1982, and in respect of each year after the year ending on 31st December, 1982, shall be such amount as may be prescribed for each such year by the Minister, after consultation with the Minister for the Environment and with the consent of the Minister for Finance, and the proportion of those amounts payable by every such local authority in respect of each such year shall be that which the total expenditure on home assistance by that local authority in the year ending 31st December, 1975, bears to the total expenditure by all local authorities referred to in subsection (1) on home assistance in that year;

(b) the amount payable under subsection (3) by a local authority referred to in that subsection in respect of the year ending on 31st December, 1982, and in respect of each year after the year ending on 31st December, 1982, shall not exceed such amount as may be prescribed for that year by the Minister, after consultation with the Minister for the Environment and with the consent of the Minister for Finance.”.

Insurable (occupational injuries) employment (extension).

16.—Section 38 of the Principal Act is hereby amended by the substitution for subsection (11) of the following subsection:

“(11) A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna or the Youth Employment Agency, be deemed for the purposes of this Part to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna or the Youth Employment Agency (as the case may be).”.

Amendment of section 115 of Principal Act.

17.—Section 115 of the Principal Act is hereby amended—

(a) by the substitution for paragraph (c) of subsection (1) of the following paragraph:

“(c) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under paragraph (a) or (b) shall be guilty of an offence.”, and

(b) by the substitution for subsection (6) of the following subsection:

“(6) Where an offence under this Part or under regulations made under this Part is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is committed by an employee or officer of the 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.”.

Amendment of section 116 of Principal Act.

18.—Section 116 of the Principal Act is hereby amended by the substitution for subsections (2) to (4) of the following subsections:

“(2) A prosecution for a summary offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.

(3) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—

(a) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Amendment of section 144 of Principal Act.

19.—Section 144 of the Principal Act is hereby amended—

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

“(2) An employer or servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.”,

and

(b) by the substitution for subsection (5) (inserted by the Social Welfare (Amendment) Act, 1981 ) of the following subsection:

“(5) Where an offence under this Chapter or under regulations made under this Chapter is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is committed by an employee or officer of the 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.”.

Amendment of section 145 of Principal Act.

20.—Section 145 of the Principal Act is hereby amended by the substitution for subsections (1) to (3) of the following subsections:

“(1) Proceedings for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for a summary offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at the suit of the Minister.

(3) (a) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(i) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(ii) the period of two years commencing on the date on which the offence was committed.

(b) For the purposes of this subsection, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Amendment of section 168 of Principal Act.

21.—Section 168 of the Principal Act is hereby amended by the substitution for subsections (2) to (4) of the following subsections:

“(2) A prosecution for a summary offence under this Chapter or under regulations made under this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Amendment of section 188 of Principal Act.

22.—Section 188 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) (a) Proceedings for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(b) A prosecution for a summary offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at the suit of the Minister.

(c) (i) Notwithstanding the provisions of paragraph (a) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(I) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(II) the period of two years commencing on the date on which the offence was committed.

(ii) For the purposes of this paragraph, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Amendment of section 231 of Principal Act.

23.—Section 231 of the Principal Act is hereby amended by the substitution for subsection (5) of the following subsection:

“(5) (a) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(b) A prosecution for a summary offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.

(c) (i) Notwithstanding the provisions of paragraph (a) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—

(I) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(II) the period of two years commencing on the date on which the offence was committed.

(ii) For the purposes of this paragraph, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Amendment of section 266 of Principal Act.

24.—Section 266 of the Principal Act is hereby amended—

(a) by the substitution for paragraph (c) of subsection (1) of the following paragraph:

“(c) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under paragraph (a) or (b) shall be guilty of an offence.”, and

(b) by the substitution for subsection (8) of the following subsection:

“(8) Where an offence under this Part or under regulations made under this Part is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is committed by an employee or officer of the 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.”.

Amendment of section 267 of Principal Act.

25.—Section 267 of the Principal Act is hereby amended by the substitution for subsections (1) to (3) of the following subsections:

“(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part shall not be instituted except by or with the consent of the Minister or by an inspector or other officer appointed for the purpose of this Part and authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for a summary offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.

(3) (a) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—

(i) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(ii) the period of two years commencing on the date on which the offence was committed.

(b) For the purposes of this subsection, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.

Short title, construction and collective citation.

26.—(1) This Act may be cited as the Social Welfare Act, 1983.

(2) The Social Welfare Acts, 1981 and 1982, and this Act shall be construed as one and may be cited together as the Social Welfare Acts, 1981 to 1983.

SCHEDULE A

Section 2 .

“Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits—Gratuities and Grant

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Reduced Rates of Injury Benefit and Disablement Pension

”

SCHEDULE B

Section 3 .

“Fourth Schedule Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART III

Increase of Old Age Pension for a Spouse

”