Social Welfare Act, 1990

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Number 5 of 1990

SOCIAL WELFARE ACT, 1990

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Increases

PART III

PART IV

Carer's Allowance

PART V

Appeals

PART VI

Dissolution of Occupational Injuries Fund and Redundancy and Employers' Insolvency Fund and Transfer of Moneys from those Funds to Social Insurance Fund

PART VII

Miscellaneous Amendments

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

Number 5 of 1990

SOCIAL WELFARE ACT, 1990

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1989, AND FOR THOSE PURPOSES TO AMEND SECTION 3 OF THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 , TO PROVIDE FOR THE DISSOLUTION OF THE OCCUPATIONAL INJURIES FUND AND THE REDUNDANCY AND EMPLOYERS' INSOLVENCY FUND AND THE TRANSFER OF MONEYS FROM THOSE FUNDS TO THE SOCIAL INSURANCE FUND AND TO PROVIDE FOR CONNECTED MATTERS. [4th April, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1990.

(2) The Social Welfare Acts, 1981 to 1989, and this Act (other than section 15 and sections 25 to 30 of this Act and subsections (3), (4) and (5) of this section) shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1990.

(3) Section 25 of this Act and the Employers' Employment Contribution Scheme Acts, 1981 and 1988, may be cited together as the Employers' Employment Contribution Scheme Acts, 1981 to 1990.

(4) Sections 26 , 27 and 29 of this Act and the Redundancy Payments Acts, 1967 to 1984, may be cited together as the Redundancy Payments Acts, 1967 to 1990.

(5) Section 28 of this Act and the Protection of Employees (Employers' Insolvency) Act, 1984 , may be cited together as the Protection of Employees (Employers' Insolvency) Acts, 1984 and 1990.

Definitions.

2.—In this Act—

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

“the Act of 1988” means the Social Welfare Act, 1988 ;

“the Act of 1989” means the Social Welfare Act, 1989 ;

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

PART II

Increases

Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1989) 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 19th day of July, 1990,

(b) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 23rd day of July, 1990,

(c) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 26th day of July, 1990, 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 27th day of July, 1990.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1989) 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 18th day of July, 1990,

(b) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, single woman's allowance, widower's (non-contributory) pension and deserted husband's allowance, on the 26th day of July, 1990,

(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 27th day of July, 1990,

(d) in so far as it relates to supplementary welfare allowance, on the 23rd day of July, 1990, and

(e) in so far as it relates to carer's allowance, on the commencement of Chapter 5B (inserted by section 17 of this Act) of the Principal Act.

Child benefit.

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 5 of the Act of 1989) of the following Part:

“PART IV

Amounts of Child Benefit

”.

(2) This section shall come into operation on the 2nd day of October, 1990.

Definition of “qualified child”.

6.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “qualified child” (inserted by section 7 of the Act of 1989) of the following definition:

“‘qualified child’ means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and—

(a) for the purposes of—

(i) sections 21 (2), 26A (1) and 32 (2),

(ii) section 44 (2) as it applies to injury benefit, and

(iii) section 139 (b) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b),

is under the age of 18 years,

(b) for the purposes of—

(i) section 44 (2) as it applies to disablement pension,

(ii) sections 81 (2), 86 (2), 91 (2), 156B (1) (b), 161 (1) and 198I (1), and

(iii) section 139 (b) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 135 (2), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days—

(I) is under the age of 18 years, or

(II) is of or over the age of 18 years and under the age of 20 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment,

(c) for the purposes of sections 50 (9), 95 (1), 103 (1), 178 (1), 195 (1), 196 (1), 197 (1), 198A, 198B and 198C (1)—

(i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and 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 161 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted by section 3 of the Act of 1982) of the following subsection:

“(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the claimant or pensioner.”.

(3) This section shall come into operation on the 1st day of September, 1990, except in so far as it relates to the definition of “qualified child” (inserted by subsection (1) of this section) in section 2 (1) of the Principal Act for the purposes of section 139 (b) of that Act it shall come into operation on the 29th day of August, 1990.

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

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

(a) the substitution in paragraph (c) (inserted by section 8 of the Act of 1989) of subsection (1) of “£18,600” for “£18,000”, and

(b) the substitution in paragraph (cc) (inserted by section 8 of the Act of 1989) of subsection (1) of “£17,300” for “£16,700”.

(2) This section shall come into operation on the 6th day of April, 1990.

Self-employment contributions (increase in earnings ceiling).

8.—(1) Section 17C (d) (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution of “£17,300” for “£16,700” (inserted by section 9 of the Act of 1989).

(2) This section shall come into operation on the 6th day of April, 1990.

Exemption of employed contributors from payment of contributions.

9.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (8) (inserted by section 14 of the Social Welfare Act, 1983 ) of the following subsection:

“(9) (a) Where but for this subsection, an employment contribution would be payable by and in respect of an employed contributor at the rates specified in subsection (1) (b) increased by the amount specified in section 65 (2) (b), the employed contributor shall, subject to regulations, be exempted from the employment contribution payable under subsection (1) (b) (i) where his weekly reckonable earnings are below a prescribed amount.

(b) Regulations under paragraph (a) may in particular and without prejudice to the generality of the foregoing specify—

(i) the manner in which the amounts of weekly reckonable earnings are to be calculated for the purposes of that paragraph,

(ii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor who is employed by two or more employers concurrently, and

(iii) the manner in which the provisions of that paragraph are to be applied in the case of an employed contributor remunerated other than on a weekly basis.

(c) An employer who adjusts the method of payment of reckonable earnings to an employed contributor who was employed in consecutive weeks in order to ensure that the employed contributor is exempted in any week from the employment contribution payable under subsection (1) (b) (i) by virtue of paragraph (a) and regulations made thereunder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.”.

Exemption from payment of contributions, etc.

10.— An employer who, during the period commencing on the 23rd day of October, 1989, and ending on the 28th day of February, 1990, employed additional employees 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, shall not, during the period commencing on the 6th day of April, 1990, and ending on the 5th day of April, 1991, 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) of the Principal Act (inserted by section 5 of the Act of 1982);

(b) the employment contribution specified in subsection (2) (a) (ii) and the increase specified in subsection (2) (b) of section 65 (inserted by section 7 of the Act of 1988) of the Principal Act;

(c) the health contribution payable by an employer under section 5 (1) (b) of the Health Contributions Act, 1979 ;

(d) the employment and training levy payable by an employer under section 16 (c) of the Youth Employment Agency Act, 1981 (as extended by section 25 of the Labour Services Act, 1987 ); 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 .

Pay-related benefit.

11.— (1) Section 73 of the Principal Act is hereby amended by the substitution of “£72” for “£69” (inserted by section 10 of the Act of 1989).

(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 9th day of April, 1990.

PART III

Lone Parent's Allowance

Lone parent's allowance.

12.— (1) The Principal Act is hereby amended by the substitution for Chapter 5A (inserted by section 6 of the Act of 1989) of Part III of the following Chapter:

“Chapter 5A

Lone Parent's Allowance

Interpretation (lone parent's allowance).

198A.— (1) In this Chapter—

‘lone parent’ means, subject to regulations under section 198F—

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, or

(e) a person whose spouse has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,

who has at least one qualified child normally residing with that person;

‘allowance’ means a lone parent's allowance;

‘weekly means’ means the yearly means divided by 52.

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in the Third Schedule, and

(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife.

Right to allowance.

198B.— (1) Subject to this Act and to regulations made under this Act, a lone parent's allowance shall be payable to a lone parent.

(2) A lone parent's allowance payable to a lone parent shall, subject to this Act and regulations made under this Act, continue to be payable unless the lone parent marries or remarries, as the case may be, and in such a case the allowance shall cease as and from the date of marriage or remarriage, as the case may be.

Rate of allowance and increases for child dependants.

198C.— (1) The rate (in this section referred to as the ‘scheduled rate’) of lone parent's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the lone parent.

(2) A lone parent's allowance shall be payable—

(a) where the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) where such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.

Disqualifications.

198D.— (1) Except where regulations otherwise provide, a lone parent shall be disqualified for receiving an allowance (including any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

(2) A lone parent shall not, if and so long as he and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of an allowance.

Prisoners' spouses.

198E.— In the case of a person who qualifies for an allowance by virtue of being a prisoner's spouse, such 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.

Regulations.

198F.— The Minister shall make regulations in relation to lone parent's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which, for the purposes of this Chapter—

(i) a person is to be regarded as being a separated spouse,

(ii) a person is to be regarded as being an unmarried person, and

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act.”.

(2) The reference in section 315 (inserted by section 12 of the Act of 1989) of the Principal Act to section 198B of that Act shall be construed as a reference to the section bearing that number inserted into the Principal Act by this section.

Miscellaneous amendments to Principal Act for purposes of Part III .

13.— Each provision of the Principal Act mentioned in column (1) of Schedule C to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Amendment of Fourth Schedule to Principal Act.

14.— The Principal Act is hereby amended by the substitution for Part I (inserted by section 4 of this Act) of the Fourth Schedule of the Part set out in Schedule D to this Act.

Amendment of section 3 (1) of Family Law (Maintenance of Spouses and Children) Act, 1976 .

15.— Section 3 (1) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended by the substitution for the definition of “allowance” (inserted by section 13 of the Act of 1989) of the following definition:

“‘allowance’ means deserted wife's allowance under section 195, lone parent's allowance under section 198B or supplementary welfare allowance under section 200 of the Social Welfare (Consolidation) Act, 1981 ;”.

Commencement of Part III .

16.— This Part shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this Part.

PART IV

Carer's Allowance

Carer's allowance.

17.— The Principal Act is hereby amended by the insertion after section 198F (inserted by section 12 of this Act) of the following sections:

“Chapter 5B

Carer's Allowance

Interpretation (carer's allowance).

198G.— (1) Subject to this Act and regulations made under this Act, in this Chapter—

‘carer’ means a person who resides with and provides full-time care and attention to a relevant pensioner;

‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who under the provisions of this Act—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension, or

(iv) blind pension, or

(b) who has attained pensionable age and is in receipt of—

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

(vi) widow's (non-contributory) pension,

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) social assistance allowance,

(x) widower's (non-contributory) pension,

(xi) deserted husband's allowance, or

(xii) lone parent's allowance,

or who is in receipt of a prescribed payment under section 69 of the Health Act, 1970 ;

‘prescribed relative allowance’ means an increase for a prescribed relative under section 50 (11), 51 (2) (a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a) or under regulations applying the provisions of section 179 (a) to any pension or allowance under this Act;

‘weekly means’ means the yearly means divided by 52.

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in the Third Schedule.

Right to carer's allowance.

198H.— Subject to this Chapter, an allowance (in this Act referred to as a ‘carer's allowance’) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

Rate of allowance.

198I.— (1) The rate (in this Chapter referred to as the scheduled rate) of carer's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the carer.

(2) a carer's allowance shall be payable—

(a) where the weekly means of the carer do not exceed £2, at the scheduled rate, and

(b) where such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.

(3) Notwithstanding subsection (2), where, immediately before the commencement of this Chapter, a prescribed relative allowance was being paid to or in respect of a claimant for a carer's allowance, the carer's allowance shall be paid at the weekly rate of £29.40, unless the weekly rate of carer's allowance as calculated in accordance with subsection (2) payable to that claimant is greater than £29.40, in which case the greater amount shall be paid.

(4) Any increase in carer's allowance payable pursuant to subsection (1) in respect of a qualified child who normally resides with the applicant or recipient and with the spouse of the applicant or recipient shall be payable at one-half of the appropriate amount.

Payment of carer's allowance.

198J.— Notwithstanding the provisions of this Chapter, only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant pensioner.

Entitlement to prescribed relative allowance.

198K.— (1) A prescribed relative allowance shall cease to be paid to a relevant pensioner or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer's allowance.

(2) Notwithstanding section 50 (11), 51 (2) (a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a) or regulations applying the provisions of section 179 (a) to any pension or allowance under this Act, a prescribed relative allowance shall not be paid where a claim for such allowance is made on or after the commencement of this Chapter.

Regulations.

198L.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act,

(b) provide for amounts paid in respect of prescribed relative allowance following the commencement of this Chapter to be treated as payment on account of carer's allowance,

(c) provide for entitling to carer's allowance such class or classes of person as may be prescribed who would be entitled thereto but for the fact that the conditions as to means as calculated in accordance with the Rules contained in the Third Schedule are not satisfied and the rate of allowance so payable may vary in accordance with the claimants' means.

Commencement of Chapter 5B.

198M.— This Chapter shall come into operation on such day as the Minister may appoint by order.”.

Consequential amendments to Principal Act.

18.— (1) Section 134 (which relates to the description of assistance) of the Principal Act is hereby amended by the insertion in subsection (1) after paragraph (l) (inserted by section 13 of this Act) of the following paragraph:

“(m) carer's allowance.”.

(2) The Third Schedule to the Principal Act is hereby amended by—

(a) the insertion of “carer's allowance,” after “old age pension,” in paragraph (3) of Rule 1,

(b) the insertion after paragraph (5) of Rule 1 (inserted by section 9 of the Social Welfare Act, 1984 ) of the following paragraph:

“(6) In the case of carer's allowance under Chapter 5B of Part III, such amount as the Minister determines that the relevant pensioner (as defined for the purposes of that Chapter) could reasonably be expected to contribute to the support of the carer but in determining such amount, no account shall be taken of any sums received by the relevant pensioner under Part II, III or IV.”,

(c) the insertion of “or a carer's allowance under Chapter 5B” after “under Chapter 3” in paragraph (1) of Rule 3,

(d) the insertion of “or carer's allowance, as the case may be” after “a pension at a higher rate” in paragraph (1) (c) of Rule 3,

(e) the insertion of “and 5B” after “Chapters 3, 4, 5A” (inserted by this Act) in Rule 5.

(3) This section shall come into operation on such day as the Minister may appoint by order.

PART V

Appeals

Amendment of section 298 of Principal Act (appeals).

19.— Section 298 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) (as amended by section 28 of the Social Welfare Act, 1984 ) of the following subsection:

“(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.”,

(b) the insertion after subsection (4) of the following subsection:

“(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.”,

(c) the substitution in subsection (9) for “at which he ordinarily resides” of “at which he ordinarily resides or at his place of business”,

(d) the substitution in subsection (10) of “£1,000” for “£500” (inserted by section 22 of the Act of 1988),

(e) the substitution in paragraphs (a) and (b) of subsection (12) for “Minister” of “Chief Appeals Officer” in each place in which it occurs,

(f) the insertion after subsection (13) of the following subsection:

“(14) Where a person required to attend to give evidence or to produce documents under subsection (8) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.”.

Amendment of section 299 of Principal Act.

20.— The Principal Act is hereby amended by—

(a) the substitution for paragraph (a) of section 299 of the following paragraph:

“(a) the Chief Appeals Officer may, where he considers it appropriate, refer the question for the decision of the High Court, and”, and

(b) the insertion after section 299 of the following sections:

“Other functions of Chief Appeals Officer may be prescribed.

299A.— (1) The Chief Appeals Officer shall have such other functions in relation to appeals under this Part as may be prescribed.

(2) In this section “functions” includes powers, duties and obligations.

Annual reports by Chief Appeals Officer.

299B.— (1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

(3) The Chief Appeals Officer shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning his activities or the activities of appeals officers under this Part.”.

Repeal.

21.— Subsection (3) of section 297 of the Principal Act is hereby repealed.

Commencement of Part V .

22.— This Part shall come into operation on such day as the Minister may appoint by order.

PART VI

Dissolution of Occupational Injuries Fund and Redundancy and Employers' Insolvency Fund and Transfer of Moneys from those Funds to Social Insurance Fund

Dissolution of Occupational Injuries Fund.

23.— (1) Section 67 of the Principal Act is hereby repealed.

(2) Each provision of the Principal Act mentioned in column (1) of the Table to this section is hereby amended in the manner specified in column (2) of that Table opposite the mention of that provision in column (1).

TABLE

Transfer of moneys to Social Insurance Fund.

24.— (1) All moneys standing to the credit of the Occupational Injuries Fund under section 67 of the Principal Act on the 30th day of April, 1990, shall be transferred to the Social Insurance Fund on the 1st day of May, 1990.

(2) All investments made by the Minister for Finance under section 67 (5) of the Principal Act and standing to the credit of the Occupational Injuries Fund on the 30th day of April, 1990, shall be transferred to the investment account of the Social Insurance Fund on the 1st day of May, 1990.

(3) Any income received on or after the 1st day of May, 1990, arising from an investment made before that day by the Minister for Finance under section 67 (5) of the Principal Act from moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be transferred to the Social Insurance Fund.

(4) All moneys standing to the credit of the Redundancy and Employers' Insolvency Fund under section 26 of the Act of 1967 (as extended by section 2 of the Act of 1984) on the 30th day of April, 1990, shall be transferred to the Social Insurance Fund on the 1st day of May, 1990.

(5) Any income received on or after the 1st day of May, 1990, arising from an investment made before that day by the Minister for Finance under section 26 (6) of the Act of 1967 from moneys standing to the credit of the investment account of the Redundancy and Employers' Insolvency Fund shall be transferred to the Social Insurance Fund.

Amendment of section 6 of Employers' Employment Contributions Scheme Act, 1981.

25.— Section 6 of the Employers' Employment Contribution Scheme Act, 1981 , is hereby amended by the substitution for subsection (6) (inserted by section 27 of the Act of 1988) of the following subsection:

“(6) All moneys paid in respect of the employer's employment contribution shall be paid by the Revenue Commissioners to the Minister for Social Welfare and moneys so received by that Minister shall be paid into the Social Insurance Fund.”.

Amendment of Act of 1967.

26.— The Act of 1967 is hereby amended by—

(a) the insertion in section 2 after the definition of “‘sickness’ or ‘illness’” of the following definition:

“‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”,

(b) the substitution for section 27 (as amended by section 2 of the Act of 1979) of the following section:

“Employers' redundancy contributions to be paid into Social Insurance Fund.

27.—(1) For the purpose of providing moneys for making payments which under this Act are to be made out of the Social Insurance Fund there shall be paid into that Fund contributions by employers (in this Part referred to as ‘employers’ redundancy contributions').

(2) Employers' redundancy contributions and all moneys received by the Minister under this Act shall be paid into the Social Insurance Fund.

(3) All payments made pursuant to this Act shall be made out of the Social Insurance Fund.”,

(c) the substitution for “Redundancy and Employers' Insolvency Fund” (as extended by section 2 of the Act of 1984) of “Social Insurance Fund” in each place where it occurs in the provisions mentioned in the Table to this section, and

(d) the substitution for section 43 of the following section:

“Recovery of sums due to Social Insurance Fund.

43.— All moneys due to the Social Insurance Fund under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.”.

TABLE

Amendment of section 15 of Act of 1971.

27.— Section 15 of the Act of 1971 is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) The Minister may, with the consent of the Minister for Finance, from time to time authorise the transfer of moneys from the Social Insurance Fund to any fund established under a special redundancy scheme, and any moneys transferred under this subsection shall be repayable to the Social Insurance Fund on such terms (including terms as to interest) as the Minister for Finance may determine.”.

Amendment of Act of 1984.

28.— The Act of 1984 is hereby amended by—

(a) the insertion in section 1 after the definition of “relevant officer” of the following definition:

“‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”, and

(b) the substitution for “the Redundancy and Employers' Insolvency Fund” of “the Social Insurance Fund” in sections 6 (1), 6 (3), 7 (1), 10 (4) and 17 (2).

Repeals.

29.— Section 26 and subsections (5) and (6) (inserted by section 3 of the Act of 1979) of section 28 of the Act of 1967 are hereby repealed.

Definitions (Part VI).

30.— In this Part—

“the Act of 1967” means the Redundancy Payments Act, 1967 ;

“the Act of 1971” means the Redundancy Payments Act, 1971 ;

“the Act of 1979” means the Redundancy Payments Act, 1979 ;

“the Act of 1984” means the Protection of Employees (Employers' Insolvency) Act, 1984 .

Commencement of Part VI .

31.— This Part (other than section 24 ) shall come into operation on the 1st day of May, 1990.

PART VII

Miscellaneous Amendments

Amendment of section 22 of Principal Act (duration of payment).

32.— Section 22 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:

“(4) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1) (b) of section 19 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.”.

Amendment of section 125 of Principal Act (payments after death).

33.— Section 125 of the Principal Act is hereby amended by the substitution for paragraph (a) (inserted by section 17 of the Social Welfare (No. 2) Act, 1987 ) of subsection (2) of the following paragraph:

“(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of a pension under Chapter 3 of Part III in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and”.

Exemption of certain payments from calculation of means.

34.— (1) Section 146 (1) (inserted by section 13 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion in paragraph (b) after subparagraph (vi) of the following subparagraph:

“(viA) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, ”.

(2) Section 210 (2) of the Principal Act is hereby amended by the insertion in paragraph (a) after subparagraph (iA) (inserted by section 15 of the Act of 1989) of the following subparagraph:

“(iB) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident, ”.

(3) Rule 1 (4) of the Third Schedule to the Principal Act is hereby amended by the insertion after subparagraph (c) of the following subparagraph:

“(cc) in the case of a qualified applicant under a scheme administered by the Minister for the Gaeltacht and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,”.

Amendment of Third Schedule to Principal Act (calculation of means).

35.— The Third Schedule to the Principal Act is hereby amended by the insertion after Rule 1 of the following Rule:

“1A. Notwithstanding the provisions of this Schedule, for the purposes of an old age pension and, in the case of a person who has attained pensionable age, a widow's (non-contributory) pension or lone parent's allowance, income derived from the sale of the principal residence of the claimant or beneficiary shall not, subject to such conditions and in such circumstances and for such periods as may be prescribed, be taken into account in calculating the means of the claimant or beneficiary or, in the case of one of a married couple, the means of the spouse of the claimant or beneficiary where that spouse has attained pensionable age at the date of sale.”.

Employment contributions.

36.— (1) Section 10 (7) and paragraph (e) of section 17C (inserted by section 11 of the Act of 1988) of the Principal Act are hereby repealed.

(2) The Principal Act is hereby amended by—

(a) the deletion of “or (e)” in the definition of “qualifying contribution” contained in section 2 (1) (inserted by section 10 of the Act of 1988),

(b) the deletion of “section 10 (7) and” in paragraph (a) of section 9 (1), and

(c) the deletion of “, to subsection (7)” in paragraph (b) (inserted by section 5 of the Act of 1982) of section 10 (1).

(3) Where but for this subsection, the employment contribution payable by a relevant person would be at the rate specified in section 10 (1) (b) (i) (inserted by section 5 of the Act of 1982) of the Principal Act, the employment contribution shall be paid at the rate of—

(a) 3 per cent. of reckonable earnings, with effect from the 6th day of April, 1990,

(b) 4 per cent. of reckonable earnings, with effect from the 6th day of April, 1991, and

(c) 5.5 per cent. of reckonable earnings, with effect from the 6th day of April, 1992.

(4) Where but for this subsection, the self-employment contribution payable by a relevant person would be at the rate specified in section 17C (a) or (c) (inserted by section 11 of the Act of 1988) of the Principal Act, the self-employment contribution shall be paid at the rate of—

(a) 3 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1990,

(b) 4 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1991, and

(c) 5 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £208, whichever is the greater, with effect from the 6th day of April, 1992.

(5) In subsections (3) and (4) of this section, “relevant person” means an employed contributor or a self-employed contributor who is in receipt of any of the following—

(a) a widow's (contributory) pension under section 92 of the Principal Act,

(b) a widow's (non-contributory) pension under section 177 of the Principal Act,

(c) deserted wife's benefit under section 100 of the Principal Act,

(d) deserted wife's allowance under section 195 of the Principal Act,

(e) death benefit by way of widow's pension under section 50 of the Principal Act,

(f) a social assistance allowance under section 197 of the Principal Act, or

(g) a payment corresponding to a pension referred to in paragraph (a) or (e) from the competent authority of a Member State (other than the State) of the European Community under legislation to which the regulations of the Community on the application of social security schemes to employed persons and their families moving within the territory of the Community apply.

(6) This section shall come into operation on the 6th day of April, 1990.

Amendment of Part IIA of First Schedule to Principal Act.

37.— Part IIA (inserted by section 12 of the Act of 1988) of the First Schedule to the Principal Act is hereby amended by—

(a) the substitution for paragraph 4 of the following paragraph:

“4. An employed contributor or a person who is in receipt of a pension arising from a previous employment of his or of his spouse, in the case of either of whom the income for the contribution year does not include reckonable emoluments or in the case of reckonable income, income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”, and

(b) the insertion after paragraph 5 of the following paragraph:

“6. A person who is regarded as not resident or not ordinarily resident in the State in accordance with the provisions of the Income Tax Acts and whose reckonable income for that year does not include income to which Chapter II or III of Part IV of the Income Tax Act, 1967 , applies.”.

Supplementary welfare allowance granted to persons in receipt of certain payments.

38.—The Principal Act is hereby amended by the insertion after section 215 of the following section:

“Supplementary welfare allowance granted to persons in receipt of certain payments.

215A.— Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person and a maintenance allowance under section 69 of the Health Act, 1970 , or a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, including any increase thereof, subsequently becomes payable to or in respect of that person in respect of the period (or part thereof) for which supplementary welfare allowance was paid, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to or in respect of such person if either of the said allowances, including any increase thereof, had been paid during such period,

such excess supplementary welfare allowance shall be treated as payment on account of the said allowances.”.

Amendment of section 43 of Principal Act (assessment of disablement benefit).

39.— (1) Section 43 (9) (a) of the Principal Act is hereby amended by the insertion after “a period exceeding 7 years” of “and the extent of disablement is assessed as amounting to not less than 10 per cent. and not more than 19 per cent.”.

(2) Subsection (1) of this section shall not apply in the case of any assessment of disablement where the period to be taken into account by the assessment commenced before the coming into operation of this section.

(3) This section shall come into operation on such day as the Minister may appoint by order.

Amendment of section 156B (2) of Principal Act.

40.— Section 156B(2) (inserted by section 24 of the Act of 1989) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) for persons whose weekly means do not exceed £2, at the scheduled rate, and”.

Single woman's allowance and orphan's (non-contributory) pension.

41.— (1) Section 198 of the Principal Act is hereby amended by the substitution in paragraphs (a) and (b) (inserted by section 4 of the Act of 1982) of subsection (2) of “£2” for “£1” in each place in which it occurs.

(2) Section 183 of the Principal Act is hereby amended by the substitution in paragraphs (a) and (b) (inserted by section 4 of the Act of 1982) of “£2” for “£1” in each place in which it occurs.

(3) Subsection (1) of this section shall come into operation on the 5th day of July, 1990, and subsection (2) of this section shall come into operation on the 6th day of July, 1990.

Weekly rate of family income supplement.

42.— Section 232C (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 4 of the Social Welfare Act, 1986 ) of the following subsection:

“(3) In calculating the weekly rate of family income supplement pursuant to subsection (1), any fraction of £1 shall be treated as £1 and where the weekly rate so calculated is below a prescribed amount, the supplement shall be payable at the prescribed amount.”.

Effect of means on certain rates of pension, assistance and allowance.

43.— Notwithstanding the provisions of the Principal Act, or regulations made thereunder, in the case of a person who is in receipt of any pension, assistance or allowance under Part III of that Act and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of £2, increase such amount to the next multiple of £2 in respect of such class of person or classes of persons as may be prescribed.

Offences.

44.— (1) Section 115 (1) (b) of the Principal Act is hereby amended by the insertion after “obtaining” of “or establishing entitlement to”.

(2) Section 144 (1) of the Principal Act is hereby amended by the insertion after “a qualification certificate or” of “for the purpose of obtaining or establishing entitlement to”.

Priority debts to Social Insurance Fund in a company winding-up.

45.—(1) Section 120 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Any sum deducted or to be deducted from such remuneration of an employee as was paid or payable prior to a winding-up under the Companies Acts, 1963 to 1986, in respect of an employment contribution due and unpaid shall not form part of the assets of a limited company in a winding-up under the Companies Acts, 1963 to 1986, and in such a winding-up a sum equal in amount to the sum so deducted or to be deducted, shall, notwithstanding anything in those Acts, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of the Companies Act, 1963 .”.

(2) For the purposes of section 285 (2) (e) of the Companies Act, 1963 —

(a) the amount referred to in that subsection shall be deemed to include any amount—

(i) which, apart from the provisions of Article 22 of the Regulations of 1988 (as amended by the Social Welfare (Collection of Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 72 of 1989 )), or Article 22 of the Regulations of 1989, would otherwise have been an amount due at the relevant date in respect of sums which an employer is liable under Chapter 1 of Part II of the Principal Act or Chapter 1A (inserted by section 11 of the Act of 1988) of Part II of that Act, and any regulation thereunder (other than the said Article 22 of the Regulations of 1988 or Article 22 of the Regulations of 1989) to deduct from reckonable earnings or reckonable emoluments, to which the said Chapters 1 and 1A apply, paid by him during the period of 12 months next before the relevant date, and

(ii) with the addition of any interest payable under Article 23 of the Regulations of 1988 or Article 13 of the Regulations of 1989,

and

(b) the relevant date shall, notwithstanding the provisions of subsection (1) of section 285 of the Companies Act, 1963 , be deemed to be the date which is the ninth day after the end of the income tax month in which the relevant date (within the meaning of the said subsection (1)) occurred.

(3) In this section—

“the Regulations of 1988” means the Social Welfare (Miscellaneous Provisions for Self-Employed Contributors) Regulations, 1988 ( S.I. No. 62 of 1988 );

“the Regulations of 1989” means the Social Welfare (Collection of Employment Contributions by the Collector-General) Regulations, 1989 ( S.I. No. 298 of 1989 ).

Amendment of section 306A of Principal Act.

46.— (1) The Principal Act is hereby amended by the substitution for section 306A (inserted by section 12 of the Social Welfare Act, 1984 ) of the following section:

“Taking of benefit and invalidity pension into account in assessing certain damages.

306A.— (1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 3 06, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961 ), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be construed as a reference to the total damages which would have been recoverable apart from the reduction or limitation.”.

(2) This section shall not apply to any action instituted before the passing of this Act.

Participation in Vocational Training Opportunities Scheme.

47.— The Principal Act is hereby amended—

(a) in subsection (4A) (inserted by section 19 of the Social Welfare Act, 1986 ) of section 29, by—

(i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or”, and

(ii) the insertion after paragraph (g) of the following paragraph:

“(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”, and

(b) in subsection (2A) (inserted by section 11 of the Social Welfare Act, 1985 ) of section 135, by—

(i) the addition to paragraph (g) (inserted by section 11 of the Social Welfare Act, 1987 ) after “Educational Opportunities Scheme,” of “or,”, and

(ii) the insertion after paragraph (g) of the following paragraph:

“(h) participation in a scheme administered by the Department of Education and known as the Vocational Training Opportunities Scheme,”.

Disqualification for receipt of assistance.

48.— The Principal Act is hereby amended by—

(a) the substitution of “3 months” for “six months” in each place where it occurs in paragraphs (a) and (b) of section 144 (3),

(b) the substitution of “3 months” for “6 months” in subsection (2) of section 169,

(c) the substitution of “3 months” for “6 months” in subsection (2) of section 188, and

(d) the substitution of “3 months” for “6 months” in subsection (2) of section 231.

Increase in certain pensions and benefit when recipient reaches 80 years.

49.— The Principal Act is hereby amended by—

(a) the insertion after subsection (5) of section 81 of the following subsection:

“(6) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”,

(b) by the insertion after subsection (5) (inserted by section 16 of the Social Welfare (Amendment) Act, 1981 ) of section 86 of the following subsection:

“(6) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”,

(c) the insertion after subsection (3) of section 95 of the following subsection:

“(4) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”, and

(d) the insertion after subsection (3) of section 103 of the following subsection:

“(4) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.

Payment of death benefit by way of parent's pension.

50.— (1) Section 51 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections:

“(3) Subject to subsection (3A), the weekly rate of pension payable to a parent shall be—

(a) at the reduced weekly rate, where the deceased was at death a married person,

(b) at the maximum weekly rate, where the deceased was at death a widower, a widow or a single person—

(i) in any case 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,

(ii) in any case where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow, or

(iii) in any case where the parent is the mother, not being a widow, and a pension at the maximum weekly rate is not payable to her husband,

(c) at the reduced weekly rate in any other case.

(3A) Where a person, to whom the provisions of subparagraph (i) of subsection (3) (b) apply, ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the reduced weekly rate and, if at that time the provisions of subsection (3) (b) apply to his wife, that pension shall thereafter be payable at the maximum weekly rate.

(3B) In this section—

‘reduced weekly rate’ means the reduced weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (i) in Part I of the Second Schedule;

‘maximum weekly rate’ means the maximum weekly rate of death benefit by way of parent's pension as set out in column (2) at reference 4 (b) (ii) in Part I of the Second Schedule. ”.

(2) Section 51 of the Principal Act is hereby amended by the substitution in subsection (2) (inserted by section 14 of the Social Welfare (Amendment) Act, 1981 ) for “The death benefit shall” of “Subject to subsections (3) and (3A), the death benefit shall”.

Sanction of Minister for Finance in relation to certain regulations.

51.— Section 3 (4) (a) (as amended by section 29 of the Act of 1989) of the Principal Act is hereby amended by the insertion of “10 (9),” after “7,” and of “198G (1), 198L (2) (c),” after “142 (1A)”.

SCHEDULE A

Section 3 .

“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

”.

SCHEDULE B

“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

”.

SCHEDULE C

Section 13.

SCHEDULE D

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

”.