Social Welfare Act, 1991

• Permanent Page URL

Number 7 of 1991

SOCIAL WELFARE ACT, 1991

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Increases

PART III

Contribution Conditions for Short-Term Benefits

PART IV

Contribution Conditions for Pensions

PART V

Measures to Combat Abuse

PART VI

Amalgamation of Separate Employer's Occupational Injuries and Redundancy Contributions with Employer's Social Insurance Contributions

PART VII

Miscellaneous

PART VIII

Amendments to Pensions Act

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

Number 7 of 1991

SOCIAL WELFARE ACT, 1991

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1990, AND FOR THOSE PURPOSES TO AMEND SECTION 69 OF THE HEALTH ACT, 1970 , AND SECTION 285 (2) OF THE COMPANIES ACT, 1963 , AND TO PROVIDE FOR THE AMALGAMATION OF SEPARATE EMPLOYER'S OCCUPATIONAL INJURIES AND REDUNDANCY CONTRIBUTIONS WITH EMPLOYER'S SOCIAL INSURANCE CONTRIBUTIONS, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [1st April, 1991]

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, 1991.

(2) The Social Welfare Acts, 1981 to 1990, and this Act other than sections 37 , 39 , 46 and 60 to 64 of this Act and subsection (3) of this section shall be construed together as one and may be cited together as the Social Welfare Acts, 1981 to 1991.

(3) Section 39 (other than subsection (2)) and the Redundancy Payments Acts, 1967 to 1990, shall be construed together as one and may be cited together as the Redundancy Payments Acts, 1967 to 1991.

Interpretation.

2.—(1) In this Act—

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

“the Act of 1983” means the Social Welfare Act, 1983 ;

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

“the No. 2 Act of 1985” means the Social Welfare (No. 2) Act, 1985 ;

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

“the Act of 1987” means the Social Welfare Act, 1987 ;

“the No. 2 Act of 1987” means the Social Welfare (No. 2) Act, 1987 ;

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

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

“the Act of 1990” means the Social Welfare Act, 1990 ;

“the Pensions Act” means the Pensions Act, 1990 .

(2) References in this Act or in any other enactment to “the Social Welfare Acts” means the Principal Act and every enactment which is to be construed together with it as one.

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 1990) 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, deserted wife's benefit, invalidity pension and retirement pension, on the 25th day of July, 1991,

(b) in so far as it relates to death benefit under section 50 , 51 or 52 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 26th day of July, 1991, and

(c) in so far as it relates to disability benefit, maternity allowance, injury benefit, disablement gratuity and disablement pension, on the 29th day of July, 1991.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Part I (inserted by section 14 of the Act of 1990) and Part III (inserted by section 4 of the Act of 1990) 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 24th day of July, 1991,

(b) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, single woman's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower) and carer's allowance, on the 25th day of July, 1991,

(c) in so far as it relates to old age pension, blind pension, widow's (non-contributory) pension, lone parent's allowance payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 26th day of July, 1991, and

(d) in so far as it relates to supplementary welfare allowance, on the 29th day of July, 1991.

Child benefit.

5.—(1) Section 225 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted by section 5 of the Act of 1989) of the following subsection:

“(1) Subject to this Part and the regulations thereunder, a person who is qualified for child benefit shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly benefit of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of each of the first three qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of three.”.

(2) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 5 of the Act of 1990) of the following Part:

“PART IV

Amounts of Child Benefit

”.

(3) This section shall come into operation on the 1st day of October, 1991.

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 6 of the Act of 1990) 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 50 (9), 81 (2), 86 (2), 91 (2), 95 (1), 103 (1), 156B (1) (b), 161 (1), 178 (1), 198C (1), 198I (1) and 232A, 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 21 years, and is receiving full-time education, the circumstances of which shall be specified in regulations.”.

(2) The Principal Act is hereby amended by the substitution in subsection (1) (inserted by section 12 of the Act of 1983) of section 223 for subparagraph (i) of paragraph (b) of the following subparagraph:

“(i) is receiving full-time education, the circumstances of which shall be specified in regulations, or”.

(3) This section shall come into operation on the 1st day of June, 1991, 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 May, 1991, and for the purposes of section 232A of that Act it shall come into operation on the 24th day of October, 1991.

Family income supplement.

7.—(1) The Principal Act is hereby amended by the substitution for sections 232B and 232C (inserted by section 13 of the Act of 1984 and amended by section 5 of the Act of 1988) of the following sections:

“Entitlement to family income supplement.

232B.—Subject to this Part, an allowance (in this Part referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only one child, £140, or

(b) in the case of a family which includes two children, £160, or

(c) in the case of a family which includes three children, £180, or

(d) in the case of a family which includes four children, £200, or

(e) in the case of a family which includes five children, £225, or

(f) in the case of a family which includes six children, £242, or

(g) in the case of a family which includes seven children, £259, or

(h) in the case of a family which includes eight or more children, £276.

Weekly rate of family income supplement.

232C—(1) Subject to this Part, the weekly rate of family income supplement shall be 60 per cent. of the amount by which the weekly family income is less than the amount appropriate in the particular case under section 232B.

(2) 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.”.

(2) This section shall come into operation on the 25th day of July, 1991.

Carer's allowance.

8.—(1) Section 198G (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended—

(a) by the substitution for the definition of “relevant pensioner” of the following definition:

“‘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,

(iv) blind pension,

(v) a maintenance allowance under section 69 of the Health Act, 1970 , or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who is over pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, 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) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”, and

(b) by the insertion after subsection (2) of the following subsection:

“(3) For the purposes of subsection (1), a relevant pensioner shall be regarded as requiring full-time care and attention where—

(a) he is so disabled or invalided that he requires from another person—

(i) continual supervision in order to avoid danger to himself, or

(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and

(b) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.”.

(2) Section 198I (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(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 a weekly rate corresponding to the rate of prescribed relative allowance specified in column (6) of Part I of the Fourth Schedule, unless the weekly rate of carer's allowance as calculated in accordance with subsection (2) payable to that claimant is greater than the said specified rate, in which case the greater amount shall be paid.”.

(3) Section 198L (2) (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph:

“(c) provide for—

(i) 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, or

(ii) entitling to carer's allowance at a rate higher than that calculated in accordance with subsection (2) of section 198I such class or classes of person as may be prescribed,

and the rate of allowance so payable may vary in accordance with the claimant's means.”.

(4) (a) Paragraph (a) of subsection (1) of this section shall come into operation on such day as the Minister may appoint by order.

(b) Subsection (2) of this section shall come into operation on the 25th day of July, 1991.

Payments after death.

9.—(1) Section 125 of the Principal Act is hereby amended by—

(a) the insertion in subsection (1) after paragraph (h) of the following paragraphs:

“(i) unemployability supplement,

(j) supplementary welfare allowance,

(k) pre-retirement allowance,

(l) widow's (contributory pension,

(m) lone parent's allowance,

(n) deserted wife's benefit,

(o) death benefit under section 50,

(p) carer's allowance.”, and

(b) the substitution for subsection (2) of the following subsections:

“(2) Notwithstanding any provisions to the contrary in this Part or Part III or regulations made thereunder—

(a) where a person who is in receipt of a benefit specified in paragraphs (a) to (k) of subsection (1) 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 or a carer's allowance under Chapter 5B 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

(b) where a qualified child, in respect of whom an increase of benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(c) where an adult dependant in respect of whom an increase of a benefit specified in paragraph (a), (b), (c), (g) or (j) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of a pension under Chapter 3 of Part III in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(d) subject to paragraph (a), where a person is in receipt of carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention dies and the carer is not the spouse of that pensioner, payment of the carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant pensioner, and

(e) in any case where payment is made by virtue of paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87, death benefit under section 50 or 52 or entitlement to lone parent's allowance by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (c) except and to the extent that regulations otherwise provide.

(3) In this section ‘relevant pensioner’ shall have the meaning assigned to it by section 198G (1).”.

(2) This section shall come into operation on the 1st day of July, 1991.

Repeal.

10.—(1) Section 33 of the Principal Act is hereby repealed.

(2) This section shall come into operation on the 25th day of July, 1991.

Minimum payment of unemployment assistance.

11.—(1) The Principal Act is hereby amended by the insertion after section 140 of the following section:

“Minimum payment of unemployment assistance.

140A.—(1) Notwithstanding the provisions of section 140 (1) (b), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under the provisions of paragraph (e) of subsection (1) of section 146 and where the rate of assistance payable to or in respect of such a claimant, as calculated in accordance with the provisions of the said section 140 (1) (b), would be a weekly amount which is 10p or more but less than £5, such person shall be entitled to payment of unemployment assistance at the weekly rate of £5.

(2) (a) For the purposes of subsection (1) ‘couple’ means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as man and wife.

(b) For the purposes of paragraph (e) of subsection (1) of section 146 when applied to subsection (1) of this section ‘spouse’ means each person of a couple in relation to the other.”.

(2) This section shall come into operation on the 24th day of July, 1991.

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

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

(a) the substitution in paragraph (c) (as amended by section 7 of the Act of 1990) of “£19,300” for “£18,600”, and

(b) the substitution in paragraph (cc) (as amended by section 7 of the Act of 1990) of “£18,000” for “£17,300”.

(2) This section shall come into operation on the 6th day of April, 1991.

Increase in earnings ceiling and minimum contributions payable by self-employed contributors.

13.—(1) The Principal Act is hereby amended by the substitution for section 17C (inserted by section 11 of the Act of 1988) of the following section:

“Rates of self-employment contributions and related matters.

17C.—Self-employment contributions shall be paid by self-employed contributors in accordance with the following provisions:

(a) Subject to paragraphs (b), (d) and (i), where in any contribution year a self-employed contributor has reckonable income there shall be payable by him a self-employment contribution which shall be of an amount equal to 5 per cent. of the reckonable income or the amount of £234, whichever is the greater.

(b) Where for any contribution year a self-employed contributor is informed by the Revenue Commissioners that he is not required to make a return of income within the meaning of section 48 (1) of the Finance Act, 1986 , self-employment contributions shall be paid by the self-employed contributor (whether by instalments or otherwise as may be prescribed) amounting to £116 in respect of that contribution year.

(c) Subject to paragraphs (d) and (i), where in any contribution year a payment is made to a self-employed contributor in respect of reckonable emoluments of that self-employed contributor, there shall be payable by him a self-employment contribution which shall be of an amount equal to 5 per cent. of reckonable emoluments or the amount of £234, whichever is the greater.

(d) Contributions under paragraph (a) or (c) shall not be payable in any contribution year on so much (if any) of the reckonable income or reckonable emoluments for that year of a self-employed contributor as is in excess of £18,000.

(e) Subject to regulations under section 17D, where a self-employment contribution has been paid by a self-employed contributor of not less than the amount that he is liable to pay under paragraph (a) or the amount specified in paragraph (b), whichever is appropriate, he shall be regarded as having paid contributions for each contribution week in that contribution year and, where the contribution paid is less than the appropriate amount aforesaid no contribution shall be regarded as having been paid by the self-employed contributor in respect of any week of that contribution year.

(f) The Minister may by regulations vary the sum specified in paragraph (d) and such variation shall take effect from the beginning of the contribution year following that in which the regulations are made.

(g) Where regulations under paragraph (f) are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(h) Subject to subsection (3) of section 17G, self-employment contributions shall be disregarded in determining whether the contribution conditions for any benefit other than old age (contributory) pension, widow's (contributory) pension or orphan's (contributory) allowance are satisfied.

(i) A person who but for this paragraph would be liable for contributions of £234 under both paragraph (a) and paragraph (c) shall be liable only for a single contribution of £234.”.

(2) Section 17 of the Act of 1988 is hereby amended by the substitution in paragraph (b) for “17C (h)” of “17C (f)”.

(3) This section shall come into operation on the 6th day of April, 1991.

Self-employment contributions.

14.—Subsection (4) of section 36 of the Act of 1990 is hereby amended by the substitution for paragraphs (b) and (c) of the following paragraphs:

“(b) 4 per cent. of reckonable income or reckonable emoluments, as the case may be, or the amount of £234, 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 £234, whichever is the greater, with effect from the 6th day of April, 1992.”.

Voluntary contributions by self-employed contributors.

15.—(1) Subsection (1) of section 17G (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the substitution for “£208” of “£234”.

(2) This section shall come into operation on the 6th day of April, 1991.

Pay-related benefit.

16.—(1) Section 73 of the Principal Act is hereby amended by the substitution of “£75” for “£72” (inserted by section 11 of the Act of 1990).

(2) This section shall have effect in relation to any period of interruption of employment commencing on or after the 8th day of April, 1991.

PART III

Contribution Conditions for Short-Term Benefits

Conditions for receipt of benefit.

17.—(1) Section 19 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.”.

(2) Section 30 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.”.

(3) This section 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 section.

Amendment of section 19 of Principal Act (conditions for receipt).

18.—(1) Section 19 of the Principal Act is hereby amended—

(a) by the substitution for subsection (1) (as amended by section 8 of the Act of 1987) of the following subsection:

“(1) The contribution conditions for disability benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.”, and

(b) by the substitution for subsections (4) and (5) of the following subsections:

“(4) Subject to subsection (5), regulations may provide for entitling to disability benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

(2) This section 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 section.

Amendment of section 30 of Principal Act (conditions for receipt).

19.—(1) Section 30 of the Principal Act is hereby amended—

(a) by the substitution for subsection (1) (as amended by section 8 of the Act of 1987) of the following subsection:

“(1) The contribution conditions for unemployment benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.”, and

(b) by the substitution for subsections (4) and (5) of the following subsections:

“(4) Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

(2) This section 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 section.

Amendment of section 89 of Principal Act (conditions for receipt).

20.—(1) Section 89 of the Principal Act is hereby amended—

(a) by the substitution for subsection (1) (as amended by section 9 of the No. 2 Act of 1987) of the following subsection:

“(1) The contribution conditions for invalidity pension are—

(a) that before the relevant date the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance, and

(b) that before the relevant date the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.”, and

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

“(5) Subject to subsection (6), regulations may provide for entitling to invalidity pension persons who would be entitled thereto but for the fact that the condition set out in subsection (1) (c) is not satisfied.

(6) Regulations for the purposes of subsection (5) shall provide that pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1) (c) is satisfied.”.

(2) This section 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 section.

Standardisation of maternity provisions.

21.—(1) The Principal Act is hereby amended by—

(a) the substitution for subsection (2) (inserted by section 9 of the Social Welfare (Amendment) Act, 1981 ) of section 24 of the following subsection:

“(2) Subject to the following provisions of this section, the period for which maternity allowance is payable shall be the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act).”,

(b) the substitution for subsection (5) (inserted by section 9 of the Social Welfare (Amendment) Act, 1981 ) of section 24 of the following subsection:

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

(c) the substitution in subsection (1) (inserted by section 10 of the No. 2 Act of 1987) of section 25 for “section 24 (2) (a)” of “section 24 (2)”,

(d) the deletion of subsection (1A) (inserted by section 10 of the No. 2 Act of 1987) of section 25,

(e) the substitution for section 26 of the following section:

“Rate of allowance.

26.—(1) Subject to this Act, the weekly rate of maternity allowance shall be an amount equal to—

(a) 70 per cent. of the reckonable weekly earnings of the woman to whom the allowance is payable in the income tax year prescribed for the purposes of this section, or

(b) 70 per cent. of such amount as may be prescribed as the average reckonable weekly earnings of women in that year,

whichever is the greater.

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

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

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

(3) In this section ‘reckonable weekly earnings’ means the average amount of reckonable earnings received in a week up to such limit as stands prescribed for the purpose of section 73.”,

(f) the deletion of section 26A (inserted by section 5 of the No. 2 Act of 1985) and section 26B (inserted by section 11 of the Act of 1986).

(2) Notwithstanding subsection (1) of this section, a woman who becomes entitled to maternity allowance payable by virtue of section 24 (2) (b) of the Principal Act before the commencement of that subsection, shall continue to be entitled to such allowance until the end of that period of entitlement to maternity allowance.

(3) Subsection (1) of this section 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 that subsection.

Insurability of outworkers and managers of employment offices.

22.—(1) The Principal Act is hereby amended by—

(a) the deletion in paragraph (a) of section 7 (1) of “paragraph 7 of Part I of the First Schedule”,

(b) the deletion of paragraph (c) of section 38 (3), and

(c) the deletion of paragraph 7 of Part I of the First Schedule.

(2) Part II of the First Schedule to the Principal Act is hereby amended by the deletion of paragraph 10.

(3) This section shall come into operation on the 6th day of April, 1991.

PART IV

Contribution Conditions for Pensions

Conditions for receipt of old age (contributory) pension.

23.—(1) Section 78 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsections:

“(4) For the purposes of this Chapter—

‘entry into insurance’ means, subject to section 78A, in relation to any person, whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 5 (1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 5 only, or

(b) the date on which he first becomes an insured person by virtue of section 17A,

and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 79(1).

(5) Notwithstanding subsection (4), regulations may provide that the date on which a person first becomes an employed person or a self-employed person, insurable for old age pension or retirement pension purposes under the legislation of another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, may be regarded as the date of entry into insurance.

(6) Notwithstanding subsections (4) and (5), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that date may be regarded as the day of entry into insurance.”.

(2) Section 79 of the Principal Act is hereby amended—

(a) by the insertion after subsection (13) (inserted by section 30 of the Act of 1988) of the following subsections:

“(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities ¹ , or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ).

(15) Regulations for the purposes of subsection (14) shall provide that an old age (contributory) pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of employment contributions reckonable for old age (contributory) pension purposes together with self-employment contributions paid by the insured person bears to the total number of employment contributions and self-employment contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.”,

(b) by the deletion in subsection (9) of “(other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ))”, and

(c) by the deletion of subsection (11).

Conditions for receipt of retirement pension.

24.—(1) Section 83 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsections:

“(5) For the purposes of this Chapter—

‘entry into insurance’ means, in relation to any person, whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 5 (1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 5 only, or

(b) the date on which he first becomes an insured person by virtue of section 17A,

and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84 (1).

(6) Notwithstanding subsection (5), regulations may provide that the date on which a person first becomes an employed person or a self-employed person, insurable for old age pension or retirement pension purposes under the legislation of another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, may be regarded as the date of entry into insurance.

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.”.

(2) Section 84 of the Principal Act is hereby amended—

(a) by the insertion after subsection (5) of the following subsections:

“(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities ¹ , or by virtue of a reciprocal arrangement under the provisions of section 307 and who have in respect of any period been employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ).

(7) Regulations for the purposes of subsection (7) shall provide that a retirement pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of employment contributions reckonable for retirement pension purposes paid by the insured person bears to the total number of employment contributions and self-employment contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.”.

Consequential amendments arising from revised conditions for receipt of old age (contributory) and retirement pensions.

25.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “entry into insurance” of the following definition:

“‘entry into insurance’ means, subject to sections 16 and 93 (6) and Chapters 7 and 8 of Part II, in relation to any person, the date on which he became an insured person;”.

(2) Section 16 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) For the purposes of this section ‘entry into insurance’ shall have the meaning assigned to it by section 78 (4) or (5).”.

(3) Section 93 of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) Where a person becomes an employed contributor by virtue of paragraph (b) of section 5 (1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue of that paragraph shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of paragraph (a) of section 5 (1).”.

Power to remove difficulties.

26.—(1) If in any respect any difficulty arises in bringing this Part into operation, the Minister may, with the consent of the Minister for Finance, by order do anything which appears to be necessary or expedient for bringing this Part into operation, and any such order may modify the provisions of this Part so far as may appear necessary or expedient for carrying the order into effect.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(3) No order may be made under this section after the expiration of one year after the passing of this Act.

Application of Part IV .

27.—(1) This Part shall apply only to—

(a) a person who first becomes—

(i) an insured person by virtue of section 5 (1) of the Principal Act (inserted by section 40 of this Act) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17A of the Principal Act,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1) (c) of section 79 of the Principal Act or in subsection (1) (c) of section 84 of the said Act and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in sub-article (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ), and

(ii) an employed contributor in respect of whom employment contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.

(2) Paragraph (b) of subsection (1) of this section 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 that paragraph.

PART V

Measures to Combat Abuse

Information required by Minister.

28.—For the purposes of investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf of the Minister or the Department of Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.

Failure to keep records.

29.—(1) Where an employer has failed to keep records under regulations made under section 15 (5) of the Principal Act or has failed to make a notification under regulations made under section 15A (inserted by section 2 of the No. 2 Act of 1987 and amended by section 19 of the Act of 1989) of the Principal Act and an employee of the employer receives payment, due wholly or partly by reason of that failure, of disability benefit, unemployment benefit, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance or family income supplement under that Act which he was not entitled to receive in respect of any day on which he was in the employment of the said employer, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and that sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(2) It shall be presumed until the contrary is proved that any payment aforesaid was made wholly or partly by reason of the employer's failure to keep the said records or to make the said notification referred to in subsection (1) of this section.

(3) Where there is a material difference between any document issued by an employer, his servant or agent to an employee and any other document furnished to the Minister or to the Collector-General and an employee, wholly or partly as a result of that difference, receives benefit or assistance under the Principal Act to which he was not entitled, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and such sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) For the purposes of subsection (3) of this section an employee shall include the employee's spouse and any other member of the employee's household whose entitlement to benefit or assistance is regulated or adjusted by the income of the employee.

(5) Notwithstanding the provisions of subsection (1) or (3) of this section or any other provisions of the Social Welfare Acts or regulations made under or applying the provisions of those Acts under which amounts of benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit, assistance or supplement received by the employee which he was not entitled to receive.

Offences.

30.— Section 115 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) (a) Any employer, or any servant or any agent acting on behalf of such employer, who, for the purpose of evading or reducing the amount of his liability in respect of employment contributions which he is liable to pay under this Part and which he has not paid—

(i) knowingly makes any false statement or false representations or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

shall be guilty of an offence.

(b) A person who is guilty of an offence under this subsection shall be liable—

(i) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both, or

(ii) on conviction on indictment to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both.”.

Employers to keep copies of statements issued under Minimum Notice and Terms of Employment Act, 1973.

31.—Where an employer issues to an employee a statement containing the particulars specified in section 9 of the Minimum Notice and Terms of Employment Act, 1973 , he shall retain a copy of such statement for a period of two years from the date on which that statement was issued and shall furnish such copy on demand to an inspector for inspection under section 114 of the Principal Act.

Amendment of section 20 of Act of 1988 (prosecutions).

32.—Subsection (6) of section 20 of the Act of 1988 is hereby amended by the insertion of “or under regulations made under or applying the provisions of the Principal Act” after “Principal Act”.

Furnishing of information to Minister by personal representatives.

33.— Section 174 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections:

“(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person—

(a) (i) inform the Minister, by notice, in writing delivered to the Minister, of his intention to distribute the assets, and

(ii) provide the Minister with a schedule of the assets of the estate,

not less than three months before the distribution commences, and

(b) if requested in writing by the Minister within eight weeks of the furnishing of the notice and schedule of assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which is determined to be due to the Minister or the State (as the case may be) in respect of—

(i) payment of pension to the person at a time when the person was not entitled to receive the pension, or

(ii) payment of pension to the person of an amount in excess of the amount which the person was entitled to receive.

(3A) Notwithstanding any other provision of this Chapter, for the purposes of determining the sum which is due to the Minister under subsection (3), the means of the deceased person for the period in respect of which pension was paid to him shall, in the absence of evidence to the contrary, be calculated on the basis that his assets at the time of his death belonged to him for that entire period.

(3B) The Minister may mitigate amounts determined to be due in accordance with subsection (3A) where it appears equitable to him to do so.”.

Amendment of section 169 of Principal Act (legal proceedings).

34.— Section 169 of the Principal Act is hereby amended by the insertion after subsection (10) of the following subsection:

“(11) Any proceedings to recover a debt due to the State under subsection (3) of this section or due to the Minister under section 172 (2) shall be maintainable against the estate of a deceased person if brought at any time within the period of two years commencing on the date on which the notice and the schedule of assets under paragraph (a) of section 174 (3) is received by the Minister or within any other period fixed in any other enactment, whichever is the longer.”.

Revised decisions.

35.— Section 300 of the Principal Act is hereby amended by the insertion after paragraph (a) of subsection (5) of the following paragraph:

“(aa) Where any benefit, assistance, supplement or child benefit will, by virtue of the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2 of Part III is revoked and the revised decision is given in the light of new evidence or new facts which have been brought to the notice of the deciding officer or appeals officer (as the case may be) since the original decision was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence.”.

Employment contributions in a winding-up.

36.—(1) Section 120 of the Principal Act is hereby amended by the substitution for subsection (2) (inserted by section 45 of the Act of 1990) of the following subsection:

“(2) The assets of a limited company in a winding-up under the Companies Acts, 1963 to 1990, shall not include—

(a) any sum deducted by an employer from such remuneration of an employee of his as was paid prior to the winding-up in respect of an employment contribution due and unpaid by the employer in respect of such contribution, or

(b) any sum which would have been deducted from the remuneration of an employee in respect of an employment contribution for a period of employment prior to a winding-up had such remuneration been paid prior to such winding-up,

and in such a winding-up a sum equal in amount to the sum so deducted and unpaid or which would have been deducted and payable, 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) Section 120(3) of the Principal Act is hereby amended by the substitution of “A sum equal in amount to any sum” for “Any sum”.

Amendment of section 285 (2) of Companies Act, 1963.

37.— Section 285 (2) (e) of the Companies Act, 1963 (as extended by section 45 of the Act of 1990) is hereby amended by the substitution for paragraph (e) of the following paragraph:

“(e) unless the company is being wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company—

(i) all amounts due in respect of contributions which are payable during the 12 months next before the relevant date by the company as the employer of any persons under the Social Welfare Acts, and

(ii) all amounts due in respect of contributions which would have been payable under the provisions of section 10 (1) (b) of the Social Welfare (Consolidation) Act, 1981 , by the company as the employer of any persons in respect of any remuneration in respect of any period of employment during the 12 months next before the relevant date even if such remuneration is paid after the relevant date.”.

Recovery of sums due to Social Insurance Fund.

38.—The Principal Act is hereby amended by the substitution for section 117 of the following section:

“Recovery of sums due to Social Insurance Fund.

117.—(1) All sums due to the Social Insurance Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy and notwithstanding the assignment by any regulations under section 15 (2) to the Collector-General of any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 17F (2) to the Collector-General of any function referred to in that section in relation to self-employment contributions, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

(2) Notwithstanding any provision in any enactment specifying the period within which proceedings may be commenced to recover a debt under statute, any proceedings for the recovery of any sums due to the Social Insurance Fund by way of employment contributions under section 10 (1) or self-employment contributions under section 17B may be brought and shall be maintainable at any time.”.

PART VI

Amalgamation of Separate Employer's Occupational Injuries and Redundancy Contributions with Employer's Social Insurance Contributions

Amalgamation of employer's redundancy contribution with employer's social insurance contribution.

39.—(1) Each provision of the Redundancy Payments Act, 1967 , 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 the provision in column (1).

(2) Section 2 of the Protection of Employees (Employers' Insolvency) Act, 1984 , is hereby repealed.

(3) This section shall come into operation on the 6th day of April, 1991.

Amalgamation of employer's contribution in respect of occupational injuries with employer's social insurance contribution.

40.—(1) Section 5 of the Principal Act is hereby amended—

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

“(1) Subject to this Act—

(a) every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in Part I of the First Schedule, not being an employment specified in Part II of that Schedule, shall, subject to paragraph (b), be an employed contributor for the purposes of this Act, and

(b) every person, irrespective of age, who is employed in insurable (occupational injuries) employment shall be an employed contributor and references in this Act to an employed contributor shall be construed accordingly, and

(c) every person becoming for the first time an employed contributor shall thereby become insured under this Act and shall thereafter continue throughout his life to be so insured.”, and

(b) by the insertion after subsection (2) of the following subsection:

“(2A) The occupational injuries insurance of any person shall be disregarded in determining his right to become, or to continue to be, a voluntary contributor and the rate of voluntary contribution payable in any case shall not be affected by such insurance.”.

(2) Section 7 of the Principal Act is hereby amended by the insertion after paragraph (j) of subsection (1) of the following paragraph:

“(k) persons employed in an employment which is an insurable (occupational injuries) employment pursuant to section 38.”.

(3) Section 9 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) For the purposes of providing moneys for meeting the expenditure on benefit and making any other payments which, under this Act, the Redundancy Payments Acts, 1967 to 1991, and the Protection of Employees (Employer's Insolvency) Acts, 1984 and 1990, are to be made out of the Social Insurance Fund, there shall be—

(a) contributions (referred to in this Act as ‘employment contributions’) in respect of employed contributors, each of which shall comprise a contribution by the employed contributor and a contribution (referred to in this Act as ‘the employer's contribution’) by the employer of the employed contributor,

(b) contributions in respect of voluntary contributors, and

(c) payments out of moneys provided by the Oireachtas.”.

(4) Subsection (1) of section 10 of the Principal Act is hereby amended by the substitution in subparagraph (ii) of paragraph (b) (inserted by section 5 of the Social Welfare Act, 1982 ) of “12.2 per cent.” for “11.3 per cent.”.

(5) Section 65 of the Principal Act is hereby repealed.

(6) This section shall come into operation on the 6th day of April, 1991.

PART VII

Miscellaneous

Social assistance schemes, means test exemptions.

41.—(1) Section 146 (1) (b) (inserted by section 13 of the No. 2 Act of 1985) of the Principal Act is hereby amended by the insertion after subparagraph (viii) of the following subparagraphs:

“(viiiA) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them,

(viiiB) any income arising from employment of a casual nature by a health board as a home help,”.

(2) Section 210 (2) (a) of the Principal Act is hereby amended by the insertion after subparagraph (iii) (inserted by section 9 of the Act of 1984) of the following subparagraphs:

“(iv) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them,

(v) any income arising from employment of a casual nature by a health board as a home help;”.

(3) Paragraph (4) of Rule 1 of the Third Schedule to the Principal Act is hereby amended by—

(a) the substitution in clause (i) of subparagraph (d) for “any income” of “any moneys”,

(b) the substitution in subparagraph (j) of “as an outworker” for “of the kind referred to in paragraph 7 of Part I of the First Schedule”, and

(c) the insertion after subparagraph (j) of the following subparagraph:

“(jj) any income arising from employment of a casual nature by a health board as a home help,”.

(4) Section 2 (1) of the Principal Act is hereby amended by the insertion after the definition of “orphan” of the following definition:

“‘outworker’ means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person;”.

(5) Section 146 of the Principal Act is hereby amended by the substitution in subparagraph (x) of paragraph (b) of subsection (1) of “as an outworker” for “of the kind referred to in paragraph 7 of Part I of the First Schedule”.

Waiting days.

42.—(1) Subsection (1) (as amended by section 13 of the Act of 1986) of section 42 of the Principal Act is hereby amended by the substitution for the proviso thereto of the following proviso:

“Provided that an insured person shall not be entitled to injury benefit in respect of the first 3 such days.”.

(2) Subsection (1) of section 48 of the Principal Act is hereby amended by the deletion of paragraph (b).

(3) This section shall apply to any claim for injury benefit which commences on or after the 8th day of April, 1991.

Overlapping provisions.

43.—(1) The Principal Act is hereby amended by the substitution for sections 130 and 131 of the following section:

“Overlapping provisions.

130.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in subsection (1) of section 17 other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant, or

(b) any assistance specified in subsection (1) of section 134 other than supplementary welfare allowance, or

(c) a maintenance allowance under section 69 of the Health Act, 1970 , or

(d) a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease.

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in subsection (1) of section 17 other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant, or

(b) any assistance specified in subsection (1) of section 134 other than supplementary welfare allowance, or

(c) a maintenance allowance under section 69 of the Health Act, 1970 , or

(d) a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, or

(e) any increase in the said benefit in respect of an adult dependant, or

(f) any increase in the said assistance in respect of an adult dependant, or

(g) any increase in the said benefit in respect of a qualified child, or

(h) any increase in the said assistance in respect of a qualified child.

(3) For the purposes of this section—

(a) an increase of a maintenance allowance under section 69 of the Health Act, 1970, or an increase of a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, may be regarded as a separate payment, and

(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).

(6) Where, but for this subsection, family income supplement and unemployment benefit, retirement pension, unemployment assistance or pre-retirement allowance would be payable to a person in respect of the same period, family income supplement shall not be payable to that person in respect of that period.

(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds six weeks.

(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

(10) Regulations may provide—

(a) for recoupment from the Social Insurance Fund to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which benefit was not received, and

(b) for recoupment from moneys provided by the Oireachtas to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which unemployment assistance, old age or blind pension, or child benefit was not received.”.

(2) Subsection (2) of section 113 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 17 of the Act of 1986) of the following paragraph:

“(b) in a case referred to in section 300 (5) (a), for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or child benefit) as may be specified, or otherwise.”.

(3) This section 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 section.

Recoupment of supplementary welfare allowance.

44.—(1) The Principal Act is hereby amended by the insertion after section 215A (inserted by section 38 of the Act of 1990) of the following section:

“Recoupment of supplementary welfare allowance.

215B.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of such relevant payment, and

(c) any relevant payment accruing in respect of any part of the same period (in this section referred to as ‘the arrears’) subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this section referred to as ‘the excess’) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may reduce the arrears by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.

(2) Sections 130 (10), 152 and 194 of the Principal Act are hereby repealed.

(3) This section shall come into operation on the 1st day of January, 1992.

Calculation of supplementary welfare allowance.

45.—(1) Subsection (2) of section 207 of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) where—

(i) a husband and wife, or

(ii) a man and woman who are not married to each other but are cohabiting as man and wife,

are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the claimant;”.

(2) Section 199 of the Principal Act is hereby amended by the insertion after the definition of “recipient” of the following definition:

“‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

Disabled person's maintenance allowance.

46.— Section 69 of the Health Act, 1970 , is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) In this section ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

Family income supplement (interpretation).

47.—(1) The Principal Act is hereby amended by the substitution for section 232A (inserted by section 13 of the Act of 1984) of the following section:

“Interpretation.

232A.—In this Part—

‘child’, in relation to a family, means a qualified child as defined in section 2 (1) who normally resides with that family;

‘couple’ means a married couple or a man and woman who are not married to each other but are cohabiting as man and wife;

‘family’ means—

(a) a person who is engaged in remunerative full-time employment as an employee, and

(b) where such person is one of a couple living with or wholly or mainly maintaining his or her spouse, that spouse, and

(c) a child or children;

‘family income supplement’ shall be construed in accordance with section 232B;

‘spouse’ means each person of a couple in relation to the other;

‘weekly family income’ means, subject to regulations under section 232F, the amount of income received in a week by a family, less any income of a person who in respect of that family is a child.”.

(2) This section shall come into operation on the 24th day of October, 1991.

Definition of “spouse”.

48.—(1) Section 4 of the No. 2 Act of 1985 is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) In this section ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

(2) Section 11 of the No. 2 Act of 1985 is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) In this section ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

(3) Section 198I of the Principal Act (inserted by section 17 of the Act of 1990) is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) In this section ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting as man and wife.”.

Requalification for unemployment benefit.

49.—(1) Section 34 (4) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and”.

(2) This section shall not apply to a person who, on the 11th day of April, 1991, has been in receipt of unemployment benefit for more than 155 days in a period of unemployment.

Entitlement to unemployment benefit and assistance.

50.—(1) Section 29 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraphs:

“(b) he satisfies the contribution conditions in section 30, and

(c) he proves unemployment in the prescribed manner.”.

(2) Section 138 (1) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) that he is unemployed and has made application for unemployment assistance in the prescribed manner and proves unemployment in the prescribed manner;”.

(3) This section 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 section.

Disregarding of means for certain recipients of unemployment assistance.

51.—(1) In the application of the provisions of section 140 (1) (b) (inserted by section 25 of the Act of 1988) of the Principal Act in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding in such manner as may be prescribed any part of a claimant's means, up to an amount not exceeding £2.

(2) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (1) to disregard means of up to £2 in the case of certain persons or classes of persons, apply the provisions of section 140 (1) (b) to such persons or classes of persons at any time.

(3) Any regulations made under subsection (1) may be so framed as to apply to the whole State or to part or parts only of the State.

Linking period in unemployment assistance claims.

52.—(1) Section 135 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and continuously unemployed shall be construed accordingly.”.

(2) Subsection (2) of section 150 of the Principal Act is hereby amended by the substitution of “52 weeks” for “20 weeks”.

Notification of increase of means.

53.— Section 172 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Where—

(a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and

(b) (i) the income in cash of the person, or

(ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof or, if no such investigation has taken place, since the date of making the claim, the person shall, before the expiration of the period of three months after the end of the month in which such increase occurred, give, or cause to be given, to the Minister notification of the increase.”.

Budgeting in relation to social welfare payments.

54.—(1) The Minister may make regulations to provide that where a recipient of any benefit, pension, assistance, allowance or supplement under the Principal Act consents, an amount of such benefit, pension, assistance, allowance or supplement which is determined by consultation and agreement between the Minister and the said recipient may be withheld and paid separately by the Minister to such specified body as may be designated by the recipient.

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

(a) provide for the withdrawal of consent by a recipient,

(b) provide for the time and manner in which such withdrawal shall take place, and

(c) provide for the adjustment of any amount of benefit, pension, assistance, allowance or supplement as a result of such withdrawal.

(3) In this section a “specified body” means a local authority (for the purposes of the Local Government Act, 1941 ), or any other body established—

(a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

Duration of payment of disability benefit.

55.—(1) Section 22 of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 23 of the Act of 1988) of the following subsections:

“(1) Where a person—

(a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and

(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date three years immediately prior to that day, to disability benefit for 312 days,

he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.

(1A) Notwithstanding subsection (1), where in any period a person has exhausted his entitlement to disability benefit he shall not requalify therefor unless he satisfies the conditions set out in subsection (2).”.

(2) This section shall apply to any claim for disability benefit which is received on or after the 8th day of April, 1991.

Assessment of means.

56.—Paragraph (4) (as amended by section 13 of the Act of 1990) of Rule 1 of the Third Schedule to the Principal Act is hereby amended by the insertion after “personal exertions” of “and also including such other non-cash benefits and such income received by a qualified child or qualified children as may be prescribed”.

Sanction of Minister for Finance in relation to certain regulations.

57.— Section 3 (4) of the Principal Act is hereby amended by the substitution in paragraph (a) for “19 (4)” of “19 (1) (4)”, for “30 (4)” of “30 (1) (4)”, for “79 (7) (9)” of “78 (5) (6), 79 (7) (9) (14)”, for “84 (3) (4)” of “83 (6) (7), 84 (3) (4) (6)”, and for “89 (4)” of “89 (1) (4)”.

Repeals.

58.—Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby repealed to the extent specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Regulations in relation to benefit or assistance.

59.—The Minister may make regulations in relation to any benefit, pension, assistance, allowance or supplement under the Principal Act and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of, or regulations under, the Principal Act.

PART VIII

Amendments to Pensions Act

Borrowing by Board.

60.—The Pensions Act is hereby amended by the insertion after section 20 of the following section:

“Borrowing by Board.

20A.— The Board may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Board or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to such conditions as they may determine.”.

Amendment of section 37 of Pensions Act.

61.—Section 37 of the Pensions Act is hereby amended by the insertion of the following subsection after subsection (4):

“(5) This Part shall not apply to a scheme established under the Defence Forces (Pensions) Acts, 1932 to 1975.”.

Amendment of section 55 of Pensions Act.

62.—Section 55 of the Pensions Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Subsection (1) of this section shall not apply to—

(a) a scheme, the only benefit under which is in respect of death prior to normal pensionable age, or

(b) a scheme, the members of which have been notified in writing by the trustees that service by a member in the relevant employment after the date of the notification does not entitle the member to long service benefit.”.

Amendment of section 56 of Pensions Act.

63.—Section 56 of the Pensions Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) (a) Subsection (1) and paragraphs (a) and (b) of subsection (2) shall not apply to—

(i) a scheme that is not a funded scheme, or

(ii) a scheme, the only benefit under which is in respect of death prior to normal pensionable age, or

(iii) a scheme, the members of which have been notified in writing by the trustees that service by a member in relevant employment after the date of the notification does not entitle the member to long service benefit under the scheme.

(b) Paragraph (c) of subsection (2) shall not apply to—

(i) a scheme that is a defined contribution scheme, or

(ii) a scheme that is not a funded scheme, or

(iii) a scheme the only benefit under which is in respect of death prior to normal pensionable age, or

(iv) a scheme, the members of which have been notified in writing by the trustees that service by a member in relevant employment after the date of the notification does not entitle the member to long service benefit under the scheme.”.

Amendment of Third Schedule to Pensions Act.

64.—Paragraph 4 (b) of the Third Schedule to the Pensions Act is hereby amended—

(a) by the substitution in clause (i) of “clause (ii)” for “clause (iii)”, and

(b) by the substitution for clauses (ii) and (iii) of the following clause:

“(ii) in the case of a defined benefit scheme where the rate or amount of part of the long service benefit payable thereunder is directly determined by an amount of contribution paid by or in respect of the member of the scheme—

(I) in so far as it relates to such part of the long service benefit, a benefit whose actuarial value is equal to the then accumulated value of the contributions paid by or in respect of the member of the scheme for the purpose of long service benefit prior to the commencement of Part IV, and

(II) in so far as it relates to the remaining part of long service benefit, a benefit calculated in accordance with clause (i).”.

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

Section 4 .

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART III

Increase of Old Age Pension for a Spouse

”.

SCHEDULE C

Section 39 .

SCHEDULE D

Repeals of Principal Act

Section 58 .

¹OJ No. L149 of 5.7.1971.

¹OJ No. L149 of 5.7.1971.