Social Welfare Act, 1987

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Number 2 of 1987

SOCIAL WELFARE ACT, 1987

ARRANGEMENT OF SECTIONS

Section
1.	Definitions.
2.	Social insurance benefits (new rates).
3.	Social assistance payments (new rates).
4.	Family income supplement.
5.	Pay-related social insurance contributions (increase in earnings ceiling).
6.	Exemption from payment of contributions, etc.
7.	Rate of pay-related benefit.
8.	Increase in contribution weeks necessary for entitlement to certain benefits, etc.
9.	Calculation of amounts payable on basis of daily rates for certain benefits.
10.	Amendment of section 76 of Principal Act (regulations).
11.	Participation in certain schemes not to affect subsequent entitlement to unemployment benefit or assistance.
12.	Repeals.
13.	Short title, construction and collective citation.

SCHEDULE A

SCHEDULE B

Acts Referred to
Health Contributions Act, 1979	1979, No. 4
Protection of Employees (Employers Insolvency) Act, 1984	1984, No. 21
Redundancy Payments Act, 1967	1967, No. 21
Redundancy Payments Act, 1979	1979, No. 7
Social Welfare (Consolidation) Act, 1981	1981, No. 1
Social Welfare (Amendment) Act, 1981	1981, No. 3
Social Welfare Act, 1982	1982, No. 2
Social Welfare Act, 1983	1983, No. 6
Social Welfare Act, 1984	1984, No. 5
Social Welfare Act, 1985	1985, No. 5
Social Welfare Act, 1986	1986, No. 8
Youth Employment Agency Act, 1981	1981, No. 32

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Number 2 of 1987

SOCIAL WELFARE ACT, 1987

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1986. [4th April, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1984” means the Social Welfare Act, 1984 ;

“the Act of 1985” means the Social Welfare Act, 1985 ;

“the Act of 1986” means the Social Welfare Act, 1986 ;

“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 IV (inserted by the Act of 1986) of the Second Schedule thereto 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 unemployment benefit, on the 16th day of July, 1987,

(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 20th day of July, 1987,

(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 23rd day of July, 1987, and

(d) 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 24th day of July, 1987.

Social assistance payments (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by the Act of 1986) of the Fourth Schedule thereto 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 15th day of July, 1987,

(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 23rd day of July, 1987,

(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 24th day of July, 1987, and

(d) in so far as it relates to supplementary welfare allowance, on the 20th day of July, 1987.

Family income supplement.

4.—(1) Section 232B (inserted by the Act of 1984) of the Principal Act (which relates to the entitlement to family income supplement) is hereby amended by—

(a) the substitution in paragraph (a) for “£100” (inserted by the Act of 1985) of “£104”, and

(b) the substitution in paragraph (b) for “£100” (inserted by the Act of 1985) of “£104” and for “£20” (inserted by the Act of 1986) of “£22”.

(2) Section 232C (inserted by the Act of 1984) of the Principal Act (which relates to the weekly rate of family income supplement) is hereby amended by—

(a) the substitution in subsection (1) for “one-third” (inserted by the Act of 1986) of “one-half”,

(b) the substitution in subsection (2) (a) for “£10” (inserted by the Act of 1986) of “£16”, and

(c) the substitution in subsection (2) (b) for “£10” (inserted by the Act of 1986) of “£16”, and for “£4” (inserted by the Act of 1986) of “£7”.

(3) This section shall come into operation on the 23rd day of July, 1987.

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

5.—(1) Section 10 (1) of the Principal Act is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1986) of the following paragraph:

“(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £15,500 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, 1987.

Exemption from payment of contributions, etc.

6.—Any employer who, during the period commencing on the 16th day of December, 1986, and ending on the 31st day of January, 1987, employed, under and by virtue of the scheme administered by the Department of Social Welfare and known as the Employers' Pay-Related Social Insurance Exemption Scheme, additional employees shall not, during the period commencing on the 6th day of April, 1987, and ending on the 5th day of April, 1988. be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme all or any of the following, namely—

(a) the contribution specified in section 10 (1) (b) (ii) (as amended by the Social Welfare Act, 1982 ), of the Principal Act;

(b) the employment contribution specified in subsection (2) (a) (ii), and the increase specified in subsection (2) (b), of section 65 (as amended by the Act of 1986) of the Principal Act;

(d) the youth employment levy payable under section 16 (c) of the Youth Employment Agency Act, 1981 ; or

(e) the employers' redundancy contribution payable under section 28 (inserted by section 3 of the Redundancy Payments Act, 1979 , and extended by section 2 of the Protection of Employees (Employers' Insolvency) Act, 1984 ) of the Redundancy Payments Act, 1967 .

Rate of pay-related benefit.

7.—(1) The following section is hereby substituted for section 73 of the Principal Act (inserted by the Social Welfare Act, 1983 , and as amended by the Act of 1986):

“73.—The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be, for any part of that period up to the 393rd day of incapacity for work or for any part of that period up to the 393rd day of unemployment, an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £62 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) This section shall have effect in relation to any period of interruption of employment commencing on or after the 6th day of April, 1987.

Increase in contribution weeks necessary for entitlement to certain benefits. etc.

8.—(1) Section 19 of the Principal Act (which relates to contribution conditions for disability benefit) is hereby amended by the substitution in subsection (1) (a) for “26 contribution weeks” of “39 contribution weeks”.

(2) Section 22 of the Principal Act (which relates to the duration of payment of disability benefit) is hereby amended by the substitution in subsection (1) (a) for “156 contribution weeks” of “208 contribution weeks”.

(3) Section 25 of the Principal Act (which relates to contribution conditions for maternity allowance) is hereby amended by the substitution in subsection (1) (inserted by the Social Welfare (Amendment) Act, 1981 ) for “26 contribution weeks” of “39 contribution weeks” in each place where it occurs.

(4) Section 30 of the Principal Act (which relates to contribution conditions for unemployment benefit) is hereby amended by the substitution in subsection (1) (a) for “26 contribution weeks” of “39 contribution weeks”.

(5) Section 89 of the Principal Act (which relates to contribution conditions for invalidity pension) is hereby amended by the substitution in subsection (1) (a) for “156 contribution weeks” of “208 contribution weeks”.

(6) (a) Subsection (1) of this section shall not apply to any period of interruption of employment commencing before the 6th day of April, 1987.

(b) Subsection (2) of this section shall not apply to any period of entitlement to disability benefit beyond 312 days, where such period commences before the 6th day of April, 1987.

(c) Subsection (3) of this section shall not apply to any entitlement to maternity allowance commencing before the 6th day of April, 1987.

(d) Subsection (4) of this section shall not apply to any period of interruption of employment commencing before the 6th day of April, 1987.

(e) Subsection (5) of this section shall not apply to any entitlement to invalidity pension commencing—

(i) before the 6th day of April, 1987, or

(ii) on or after the 6th day of April, 1987, in the case of a person who, immediately before that date, has been in receipt of disability benefit for a period greater than 312 days.

Calculation of amounts payable on basis of daily rates for certain benefits.

9.—(1) Section 18 of the Principal Act (which relates to entitlement to disability benefit) is hereby amended by the insertion in subsection (6) after “one-sixth the appropriate weekly rate” of “subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p”.

(2) Section 29 of the Principal Act (which relates to entitlement to unemployment benefit) is hereby amended—

(a) by the insertion in subsection (6) after “one-sixth of the appropriate weekly rate” of “subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p”.

(b) by the insertion in subsection (7) (inserted by the Social Welfare Act, 1983 ) after “one-fifth of the appropriate weekly rate” of “subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p”.

(3) (a) Subsection (1) of this section shall come into operation on the 20th day of July, 1987.

(b) Subsection (2) of this section shall come into operation on the 16th day of July, 1987.

Amendment of section 76 of Principal Act (regulations).

10.—(1) Section 76 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid multiples of other than 10p in the amounts;”.

(2) Notwithstanding subsection (1) of this section, regulations made wholly or partly under section 76 (1) (b) of the Principal Act before the passing of this Act and in force at such passing shall continue in force until revoked.

Participation in certain schemes not to affect subsequent entitlement to unemployment benefit or assistance.

11.—The Principal Act is hereby amended—

(a) in subsection (4A) (inserted by the Act of 1986) of section 29 by—

(i) the addition to paragraph (e) after “Teamwork,” of “or”, and

(ii) the insertion after paragraph (e) of the following paragraphs:

“(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

(g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,”,

and

(b) in subsection (2A) (inserted by the Act of 1985) of section 135 by—

(i) the addition to paragraph (e) after “Teamwork,” of “or”, and

(ii) the insertion after paragraph (e) of the following paragraphs:

“(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

(g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,”,

and the said subsections (4A) and (2A), as so amended, are set out in the Table to this section.

TABLE

(4A) Notwithstanding anything contained in subsection (4), any period, not exceeding one year in duration, of—

(a) employment under a scheme administered by the Department of Labour and known as the Social Employment Scheme, or

(b) participation in a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, or

(d) attendance at a training course provided or approved of by An Chomhairle Oiliúna, or

(e) employment under a scheme administered by the Department of Labour and known as Teamwork, or

(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

(g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,

shall be disregarded in treating, pursuant to subsection (4) (c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.

(2A) For the purposes of this Chapter, any period, being not longer than one year in duration, of—

(a) employment under a scheme administered by the Department of Labour and known as the Social Employment Scheme, or

(b) participation in a scheme administered by the Department of Labour and known as the Enterprise Allowance Scheme, or

(d) attendance at a training course provided or approved of by An Chomhairle Oiliúna, or

(e) employment under a scheme administered by the Department of Labour and known as Teamwork, or

(f) participation in a scheme administered by the Department of Social Welfare and known as the Part-Time Job Allowance Scheme, or

(g) participation in a scheme administered by the Department of Education and known as the Educational Opportunities Scheme,

shall be disregarded in treating, pursuant to subsection (2) of this section, any two continuous periods of unemployment not separated by more than 20 weeks as one continuous period of unemployment.

Repeals.

12.—(1) Subsections (3) and (4) of section 123 (which relate to investment return in respect of payments made out of the Social Insurance Fund) of the Principal Act are hereby repealed.

(2) This section shall be deemed to have come into operation on the 1st day of January, 1987.

Short title, construction and collective citation.

13.—(1) This Act may be cited as the Social Welfare Act, 1987.

(2) The Social Welfare Acts, 1981 to 1986, and this Act shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1987.

SCHEDULE A

Section 2.

“Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

Description of benefit	Weekly rate	Increase for adult dependant (where payable)	Increase for first qualified child (where payable)	Increase for second qualified child (where payable)	Increase for each of third, fourth and fifth qualified children (where payable)	Increase for each qualified child in excess of five (where payable)	Increase for prescribed relative under section 50 (11), 51 (2), 81 (3), 86 (3). 91 (3), 95 (2) or 103 (2) (where payable)	Increase where the person has attained pensionable age and is living alone (where payable)
(1)	(2)	(3)	(4)	(4a)	(5)	(5a)	(6)	(7)
	£	£	£	£	£	£	£	£
1. (A) Disability Benefit and Unemployment Benefit	42.30	27.40	9.70	10.80	9.00	7.20	—	—
(B) Reduced rates of Unemployment Benefit:
(a) person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant	35.50	—	8.40	9.60	7.50	6.00	—	—
(b) any other person	35.10	25.30	8.40	9.60	7.50	6.00	—	—
2. Maternity Allowance	42.30	—	9.70	10.80	9.00	7.20	—	—
3. Injury Benefit	58.20	27.40	9.70	10.80	9.00	7.20	—	—
4. Death Benefit:
(a) pension payable to a widow (section 50 (2)) or widower (section 50 (6))—
(i) aged under 66 years	62.80	—	12.80	14.10	14.10	12.10	—	—
(ii) aged over 66 years	64.20	—	13.10	14.20	14.20	12.40	26.40	3.70
(b) pension payable to a parent, the deceased having been at death a married person, where the parent is—
(i) aged under 66 years	28.00	—	—	—	—	—	—	—
(ii) aged over 66 years	28.60	—	—	—	—	—	26.40	3.70
(c) pension payable to a parent, the deceased having been at death a widower, a widow or a single person—
(i) where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and is—
(a) aged under 66 years	62.80	—	—	—	—	—	—	—
(b) aged over 66 years	64.20	—	—	—	—	—	26.40	3.70
(ii) where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow and is–
(a) aged under 66 years	62.80	—	—	—	—	—	—	—
(b) aged over 66 years	64.20	—	—	—	—	—	26.40	3.70
(iii) where the parent is the mother, not being a widow, and a pension at the rate set out at (i) above is not payable to her husband and she is–
(a) aged under 66 years	62.80	—	—	—	—	—	—	—
(b) aged over 66 years	64.20	—	—	—	—	—	26.40	3.70
(iv) in any other case where the parent is—
(a) aged under 66 years	28.00	—	—	—	—	—	—	—
(b) aged over 66 years	28.60	—	—	—	—	—	26.40	3.70
(d) pension payable to an orphan	33.10	—	—	—	—	—	—	—
5. Old Age (Contributory) Pension and Retirement Pension:
(a) in the case of persons under the age of 80 years	55.10	35.10	10.90	12.10	10.00	8.20	26.40	3.70
(b) in any other case	58.80	35.10	10.90	12.10	10.00	8.20	26.40	3.70
(c) additional increase for an adult dependant who has attained pensionable age	—	6.00	—	—	—	—	—	—
6. Invalidity Pension:
(a) where the person is aged under 66 years	48.50	31.50	10.80	11.80	9.80	8.00	26.40	—
(b) where the person is aged over 66 years	49.50	32.10	10.90	12.10	10.00	8.20	26.40	3.70
7. Widow's (Contributory) Pension and Deserted Wife's Benefit in the case of persons:
(a) aged under 66 years	49.50	—	12.80	14.10	14.10	12.10	—	—
(b) aged between 66 and 80 years	50.60	—	13.10	14.20	14.20	12.40	26.40	3.70
(c) aged over 80 years	53.90	—	13.10	14.20	14.20	12.40	26.40	3.70
8. Orphan's (Contributory) Allowance	31.30	—	—	—	—	—	—	—

PART II

Occupational Injuries Benefits—Gratuities and Grant

	£
1. Disablement Benefit:
Maximum gratuity in the case of persons—
(i) aged under 66 years	4,500
(ii) aged over 66 years	4,580
2. Death Benefit:
(i) Widower's gratuity in the case of persons—
(a) aged under 66 years	3,280
(b) aged over 66 years	3,340
(ii) Grant in respect of funeral expenses	220

PART III

Disablement Pension

Degree of disablement	Weekly rate
(1)	(2)
	Persons under the age of 66 years	Persons over the age of 66 years
	£	£
100 per cent	64.80	66.20
90 ” ”	58.32	59.58
80 ” ”	51.84	52.96
70 ” ”	45.36	46.34
60 ” ”	38.88	39.72
50 ” ”	32.40	33.10
40 ” ”	25.92	26.48
30 ” ”	19.44	19.86
20 ” ”	12.96	13.24

PART IV

Increases of Disablement Pension

	£
1. Increase where the person is permanently incapable of work:
in the case of persons—
(a) aged under 66 years	42.30
(b) aged over 66 years	43.20
2. Increase where the beneficiary requires constant attendance:
(a) limit of increase except in cases of exceptionally severe disablement where the person is—
(i) aged under 66 years	25.90
(ii) aged over 66 years	26.40
(b) limit in any case where the person is—
(i) aged under 66 years	51.80
(ii) aged over 66 years	52.70

”.

SCHEDULE B

Section 3.

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance, pension or allowance	Weekly rate or amount	Increase for adult dependant (where payable)	Increase for first qualified child (where payable)	Increase for second qualified child (where payable)	Increase for each of third, fourth and fifth qualified children (where payable)	Increase for each qualified child in excess of five (where payable)	Increase for prescribed relative under section 162(1)(a), 179(a), 195(2), 196(2) or 197(2) (where payable)	Increase where the person has attained pensionable age and is living alone (where payable)	Increase where the person has attained the age of 80 years (where payable)
(1)	(2)	(3)	(4)	(4a)	(5)	(5a)	(6)	(7)	(8)
	£	£	£	£	£	£	£	£	£
1. Unemployment Assistance:
A. Persons other than those at B:
(1) in the case of persons who, in any continuous period of unemployment as construed in accordance with section 135 (2), have been in receipt of unemployment benefit or unemployment assistance for not less than 390 days:
(i) for persons resident in any urban area	37.80	27.20	9.00	10.20	7.90	6.40	—	—	—
(ii) for persons resident in any other place	36.60	26.60	9.00	10.20	7.90	6.40	—	—	—
(2) in the case of persons other than those at (1):
(i) for persons resident in any urban area	35.10	25.30	8.40	9.60	7.50	6.00	—	—	—
(ii) for persons resident in any other place	34.00	24.70	8.40	9.60	7.50	6.00	—	—	—
B. Persons without an adult dependant and with one or more qualified children—
(1) in the case of persons who, in any continuous period of unemployment as construed in accordance with section 135 (2), have been in receipt of unemployment benefit or unemployment assistance for not less than 390 days:
(i) for persons resident in any urban area	38.10	—	9.00	10.20	7.90	6.40	—	—	—
(ii) for persons resident in any other place	37.10	—	9.00	10.20	7.90	6.40	—	—	—
(2) in the case of persons other than those at (1):
(i) for persons resident in any urban area	35.50	—	8.40	9.60	7.50	6.00	—	—	—
(ii) for persons resident in any other place	34.50	—	8.40	9.60	7.50	6.00	—	—	—
2. Old Age Pension and Blind Pension	47.10	—	9.60	10.80	8.40	6.70	26.40	3.70	3.50
3. Widows (Non-Contributory) Pension. Deserted Wife's Allowance. Prisoner's Wife's Allowance and Social Assistance Allowance for persons—
(a) aged under 66 years	46.20	—	11.60	12.70	12.70	10.90	—	—	—
(b) aged over 66 years	47.10	—	11.80	13.00	13.00	11.10	26.40	3.70	3.50
4. Orphan's (Non-Contributory) Pension	26.30	—	—	—	—	—	—	—	—
5. Singie Woman's Allowance	40.30	—	—	—	—	—	—	—	—
6. Supplementary Welfare Allowance:
(a) Persons other than those at (b)	34.00	24.70	8.40	9.60	7.50	6.00	—	—	—
(b) Persons without an adult dependant and with one or more child dependants	34.50	—	8.40	9.60	7.50	6.00	—	—	—

PART III

Increase of Old Age Pension for a Spouse

Means of claimant or pensioner	Weekly rate of increase
	£
Where the weekly means of the claimant or pensioner do not exceed £6	23.70
exceed £6 but do not exceed £8	22.70
exceed £8 but do not exceed £10	21.70
exceed £10 but do not exceed £12	20.70
exceed £12 but do not exceed £14	19.70
exceed £14 but do not exceed £16	18.70
exceed £16 but do not exceed £18	17.70
exceed £18 but do not exceed £20	16.70
exceed £20 but do not exceed £22	15.70
exceed £22 but do not exceed £24	14.70
exceed £24 but do not exceed £26	13.70
exceed £26 but do not exceed £28	12.70
exceed £28 but do not exceed £30	11.70
exceed £30 but do not exceed £32	10.70
exceed £32 but do not exceed £34	9.70
exceed £34 but do not exceed £36	8.70
exceed £36 but do not exceed £38	7.70
exceed £38 but do not exceed £40	6.70
exceed £40 but do not exceed £42	5.70
exceed £42 but do not exceed £44	4.70
exceed £44 but do not exceed £46	3.70
exceed £46 but do not exceed £48	2.70
exceed £48 but do not exceed £50	1.70
exceed £50	Nil

”.

Social Welfare Act, 1987 Permanent Page URL

Social Welfare Act, 1987

Permanent Page URL