Social Welfare Act, 1994

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Number 4 of 1994

SOCIAL WELFARE ACT, 1994

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Increases

PART III

Social Insurance Contributions

PART IV

Survivor's Pension

PART V

Amendments to Existing Schemes

PART VI

Miscellaneous

PART VII

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

SCHEDULE E

SCHEDULE F

Number 4 of 1994

SOCIAL WELFARE ACT, 1994

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE HEALTH CONTRIBUTIONS ACT, 1979 AND THE YOUTH EMPLOYMENT AGENCY ACT, 1981 . [31st March, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1994.

(2) The Social Welfare Acts and this Act, other than Part VII , shall be construed together as one.

Definition.

2.—In this Act “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 .

PART II

Increases

Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV 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 21st day of July, 1994,

(b) in so far as it relates to disability benefit, injury benefit, disablement gratuity and disablement pension, on the 25th day of July, 1994,

(c) in so far as it relates to retirement pension, invalidity pension and deserted wife's benefit, on the 28th day of July, 1994, and

(d) in so far as it relates to death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, survivor's benefit, widow's (contributory) pension and orphan's (contributory) allowance, on the 29th day of July, 1994.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and II 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 20th day of July, 1994,

(b) in so far as it relates to supplementary welfare allowance, on the 25th day of July, 1994,

(c) in so far as it relates to pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than lone parent's allowance payable in respect of a widow or widower), carer's allowance and prescribed relative allowance, on the 28th day of July, 1994, and

(d) in so far as it relates to old age (non-contributory) 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 29th day of July, 1994.

Child benefit (new rates).

5.—(1) Section 194 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Subject to this Act, 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 III of the Fourth Schedule in respect of each of the first 2 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 2.”.

(2) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III of the following Part:

“PART III

AMOUNTS OF CHILD BENEFIT

”.

(3) This section shall come into operation on the 1st day of September, 1994.

Family income supplement (new weekly rates).

6.—(1) The Principal Act is hereby amended by the substitution for section 198 of the following section:

“Entitlement to supplement.

198.—Subject to this Act, an allowance (in this Act 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 1 child, £185,

(b) in the case of a family which includes 2 children, £205,

(c) in the case of a family which includes 3 children, £225,

(d) in the case of a family which includes 4 children, £245,

(e) in the case of a family which includes 5 children, £270,

(f) in the case of a family which includes 6 children, £290,

(g) in the case of a family which includes 7 children, £307, or

(h) in the case of a family which includes 8 or more children, £324.”.

(2) This section shall come into operation on the 28th day of July, 1994.

PART III

Social Insurance Contributions

Employment contributions (new rates of contributions and increases in earnings ceilings).

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

“(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section.

(b) Subject to paragraph (c) and to regulations under section 11, where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable a contribution by the employed contributor at the rate of 5.5 per cent. of the amount of the reckonable earnings to which such payment relates.

(c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £20,900 and the contributions payable under paragraph (b) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by the employed contributor in that contribution year.

(d) Subject to paragraphs (e) and (f) and to regulations under section 11, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable a contribution by the employed contributor's employer—

(i) at the rate of 9 per cent. of the amount of the reckonable earnings in that week to which such payment relates where those reckonable earnings do not exceed £173, (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis), and

(ii) at the rate of 12.2 per cent. of the amount of the reckonable earnings in that week to which such payment relates where those reckonable earnings exceed £173, (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).

(e) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £25,800 and the contributions payable under paragraph (d) have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor by his employer in that contribution year.

(f) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 13), the provisions of paragraph (e) shall, in relation to contributions mentioned in paragraph (d), apply to the reckonable earnings from each of the employments separately.”.

(2) 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).

(3) This section shall come into operation on the 6th day of April, 1994.

Self-employment contributions (increase in earnings ceiling).

8.—(1) Section 18 (1) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£20,900” for “£20,000”.

(2) This section shall come into operation on the 6th day of April, 1994.

Voluntary contributions by former self-employed contributors.

9.—(1) Section 23 of the Principal Act is hereby amended by the substitution in subsection (1) of “£250” for “£234”.

(2) This section shall come into operation on the 6th day of April, 1994.

Exemption from payment of contributions.

10.—Section 10 of the Principal Act is hereby amended by the insertion after subsection (8) of the following subsection:

“(9) An employer who, during the period commencing on the 6th day of April, 1994, and ending on the 5th day of April, 1995, employs additional employees under and by virtue of the scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, shall not, during the period commencing on the 6th day of April, 1994, and ending on the 5th day of April, 1996, be liable to pay the contribution specified in section 10 (1) (d) in respect of additional employees who constitute a net increase in the employer's workforce under the scheme above that applying on the 21st day of February, 1994.”.

PART IV

Survivor's Pension

Survivor's pension.

11.—The Principal Act is hereby amended by the substitution for Chapter 16 of Part II of the following Chapter:

“CHAPTER 16

Survivor's Pension

Interpretation.

100.—In this Chapter—

‘relevant time’ means—

(a) if the contribution conditions are being satisfied on the survivor's insurance record—

(i) the date of the spouse's death, or

(ii) if the survivor attained pensionable age before the date of the spouse's death, the date on which he attained that age,

or

(b) if the contribution conditions are being satisfied on the deceased spouse's insurance record—

(i) the date on which the spouse attained pensionable age, or

(ii) if the spouse died before attaining pensionable age, the date of his death;

‘spouse’, in relation to a survivor who has been married more than once, refers only to his last spouse;

‘survivor’ means a widow or a widower;

‘yearly average’ means the average per contribution year of contribution weeks in respect of which the survivor or deceased spouse (as the case may be) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 102(1) (b).

Entitlement to pension.

101.—(1) Subject to this Act, a survivor shall be entitled to survivor's pension—

(a) if the contribution conditions set out in section 102 are satisfied on either the insurance record of the survivor or that of his deceased spouse,

(b) if his spouse was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87 (1) or section 91 (1) in respect of a period ending on his death, or

(c) if his spouse would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87 (1) or section 91 (1), but for the receipt by that survivor of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, in respect of a period ending on his death.

(2) A survivor's pension shall not be payable to a survivor for any period after his remarriage.

(3) A survivor shall be disqualified for receiving a survivor's pension if and so long as he and any person are cohabiting as husband and wife.

(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a survivor's pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.

Conditions for receipt.

102.—(1) The contribution conditions for survivor's pension are—

(a) that the survivor has qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the survivor's entry into insurance—

(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if those conditions are not satisfied on the survivor's insurance record, they may be satisfied on his deceased spouse's insurance record (the survivor's insurance record being disregarded).

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 100 or of the contribution conditions set out in this section.

(3) Subject to subsection (4), regulations may provide for entitling to survivor's pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(4) Regulations for the purposes of subsection (3) shall provide that survivor's pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rates specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of pension payable under section 104 (1) shall be the same as if that condition had been fully satisfied.

(5) Subject to subsection (6), regulations may provide for entitling to survivor's pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .

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

(7) Where a person becomes an employed contributor by virtue of paragraph (b) of section 9 (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) 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 9 (1).

(8) In the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is more favourable, shall be regarded as the date of entry into insurance for the purposes of subsection (1) (b).

Rate of pension.

103.—Subject to this Act, the weekly rate of survivor's pension shall be as set out in column (2) of Part I of the Second Schedule.

Increases (including increases for child dependants).

104.—(1) The weekly rate of survivor's pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

(2) The weekly rate of survivor's pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule where the beneficiary has attained pensionable age and is living alone.

(3) The weekly rate of survivor's pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.

Disregard of self-employment contributions in certain cases.

105.—(1) In the case of any claim for survivor's pension, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to survivor's pension, the contribution conditions contained in section 102 shall not be regarded as having been satisfied unless all self-employment contributions payable by him in accordance with section 18 have been paid.

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

Certain claims.

105A.—(1) (a) Entitlement to survivor's pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the widow.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, has been awarded a survivor's pension on the basis of her own or her spouse's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of July, 1974, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

(2) (a) Entitlement to survivor's pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the widow.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, has been awarded a survivor's pension on the basis of her own or her spouse's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of April, 1975, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

(3) (a) Entitlement to survivor's pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the widow.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, has been awarded a survivor's pension on the basis of her own or her spouse's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of October, 1977, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.”.

Transitional provisions.

12.—(1) Notwithstanding Chapter 16 of Part II of the Principal Act (inserted by section 11 ), where, immediately before the commencement of this Part—

(a) a woman is in receipt of widow's (contributory) pension by virtue of section 100 of the Principal Act, or

(b) a man is in receipt of survivor's benefit by virtue of section 92 of the Principal Act,

survivor's pension shall be payable to that person on that commencement at the same rate as the said widow's (contributory) pension or survivor's benefit (as the case may be) which is payable to him immediately before the commencement.

(2) Any decision made by a deciding officer or by an appeals officer in relation to the award of—

(a) widow's (contributory) pension to a woman, or

(b) survivor's benefit to a man,

before the commencement of this Part shall be deemed to be a decision to award survivor's pension to such person on and from that commencement.

(3) Where, immediately before the commencement of this Part—

(a) a woman has applied for widow's (contributory) pension and that application has not been finally determined, or

(b) a man has applied for survivor's benefit and that application has not been finally determined,

any such application shall be deemed to be an application for survivor's pension.

Repeals, etc.

13.—(1) The Principal Act is hereby amended—

(a) by the repeal of—

(i) paragraph (h) of section 30 (1), and

(ii) Chapter 14 of Part II,

and

(b) in paragraph (f) of section 210 (2) by the deletion of “survivor's benefit”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule D 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).

(3) Section 2 (1) of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) in the definition of “entry into insurance” of “102 (7)” for “105 (1)”, and

(b) the substitution in subsection (3) (b) (ii) of “104 (1)” for “105 (1)”.

(4) Section 4 of the Principal Act is hereby amended by—

(a) the substitution in paragraph (a) of subsection (4) of “102 (3), 102 (5)” for “101 (3), 101 (9)”, and

(b) the substitution in subsection (5) of “102 (2)” for “101 (2)”.

(5) In the Principal Act every reference to a widow's (contributory) pension shall be construed as a reference to a survivor's pension and every reference to a survivor's benefit shall be construed as a reference to a survivor's pension.

Commencement ( Part IV ).

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

PART V

Amendments to Existing Schemes

Lone parent's allowance (calculation of means).

15.—(1) Paragraph (4) of Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by the substitution for subparagraph (j) of the following subparagraphs:

“(j) in the case of a person who is not a blind person or a lone parent, and who has a qualified child who normally resides with him, his earnings (including wages and profit from any form of self-employment), except and insofar as the annual amount of such earnings is calculated to exceed £104 for each such child of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(jj) in the case of a lone parent, such amount, as may be prescribed, of his earnings (including wages and profit from any form of self-employment), together with one-half of the amount of his earnings, if any, in excess of the amount so prescribed,”.

(2) In the case of a person who is in receipt of a lone parent's allowance on the 20th day of July, 1994, the provisions of this section shall not have the effect of reducing the rate of lone parent's allowance payable below that payable on the said date.

(3) This section shall come into operation on the 21st day of July, 1994.

Carer's allowance (rate of allowance and calculation of means).

16.—(1) Section 165 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) A carer's allowance shall be payable where—

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

(b) 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 carer's allowance would be payable is less than £2, the allowance shall not be payable.”.

(2) Rule 4 of Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after paragraph (1) of the following paragraph:

“(1A) In the case of carer's allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1), such amount, as may be prescribed, of his earnings (including wages and profit from any form of self-employment) shall be disregarded.”, and

(b) the substitution in paragraph (2) of “In this Rule” for “In paragraph (1)”.

(3) This section shall come into operation on the 28th day of July, 1994.

Maternity benefit.

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

(a) the insertion in section 39 (1) after paragraph (a) of the following paragraph:

“(aa) the amount of disability benefit, including any increases thereof, which the woman would otherwise receive if she was entitled to the said benefit, or”, and

(b) the substitution in paragraph (a) of section 41 (1) of “24 weeks” for “28 weeks”.

(2) This section shall come into operation on the 25th day of July, 1994.

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

18.—(1) Paragraph (2) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion after “or V” in subparagraph (b) of “or by way of a payment corresponding to child benefit under Part IV, from another Member State,”,

(b) the substitution for subparagraph (g) of the following subparagraph:

“(g) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,”, and

(c) the insertion after subparagraph (m) of the following subparagraphs:

“(n) in such cases as may be prescribed, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(o) any moneys received by way of a mobility allowance payable under section 61 of the Health Act, 1970 ,

(p) such income, as may be prescribed, arising from such activities as may be prescribed;”.

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

(a) the insertion after “or V” in subparagraph (b) of “or by way of a payment, corresponding to child benefit under Part IV, from another Member State,”,

(b) the substitution for subparagraph (l) of the following subparagraph:

“(l) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,”, and

(c) the insertion after subparagraph (m) of the following subparagraphs:

“(n) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(o) in the case of lone parent's allowance, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(p) such income, as may be prescribed, arising from such activities as may be prescribed;”.

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

(a) the insertion after “Part IV” in subparagraph (a) of “or a payment corresponding to the said benefit from another Member State,”, and

(b) the substitution for subparagraph (g) of the following subparagraphs:

“(g) such amount, as may be prescribed, of income from employment by a health board or by a person approved by a health board, as a home help,

(h) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(i) any moneys received by way of a mobility allowance payable under section 61 of the Health Act, 1970 ,

(j) such income, as may be prescribed, arising from such activities as may be prescribed;”.

Unemployment benefit (entitlement to benefit).

19.—(1) Section 42 of the Principal Act is hereby amended by—

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

“(d) other than in the case of a person engaged in casual employment, he has sustained a substantial loss of employment in any period of six consecutive days.”,

(b) the insertion after subsection (1) of the following subsection:

“(1A) The circumstances in which a person is to be regarded, for the purposes of subsection (1), as being engaged in casual employment shall be specified in regulations.”, and

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

“(4A) Notwithstanding subsection (4) (c), where in respect of any day of unemployment (referred to in this subsection as ‘the relevant day of unemployment’) which forms part of a period of interruption of employment a person has not, before the relevant day of unemployment, been entitled to unemployment benefit in respect of a day of unemployment within the period of two years prior to the relevant day of unemployment, that day shall be treated as the first day of unemployment in a separate period of interruption of employment.”.

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

Occupational injuries benefits (integration of injury benefit and unemployability supplement with disability benefit).

20.—(1) Section 48 (1) of the Principal Act is hereby amended by—

(a) the insertion after the definition of “occupational accident” of the following definition:

“‘period of injury’ means, in relation to any accident, the period of 156 days (Sundays being disregarded) beginning with the day following the accident, or the part of that period for which, under section 54(2), disablement benefit in respect of the accident is not available to the insured person;”, and

(b) the deletion of the definitions of “injury benefit period” and “unemployability supplement”.

(2) The Principal Act is hereby amended by the substitution for section 53 of the following section:

“Disability benefit.

53.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his employment, being insurable (occupational injuries) employment, shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit in respect of any day on which, as a result of the injury, he is incapable of work during a period of injury:

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

(2) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave.

(3) A person under the age of 16 years shall not be entitled to disability benefit under subsection (1) except in so far as may be provided for by regulations.”.

(3) Section 56 of the Principal Act is hereby amended by—

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

“(1) Subject to this Act, a person in receipt of a disablement pension shall, notwithstanding the contribution conditions contained in section 32 of Chapter 7 of Part II, be entitled to disability benefit if, as a result of the relevant loss of faculty, the beneficiary is incapable of work and is likely to remain permanently so incapable.”, and

(b) the substitution for subsection (3) of the following subsection:

“(3) Disability benefit payable by virtue of this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.”.

(4) Section 35 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Disability benefit paid by virtue of sections 53 and 56 shall be disregarded for the purposes of section 35 in determining whether a person has been entitled to disability benefit for 312 days.”.

(5) Where, immediately before the commencement of this section, a person is in receipt of injury benefit by virtue of section 53 of the Principal Act, or unemployability supplement by virtue of section 56 of that Act, disability benefit payable by virtue of section 53 or 56 of the said Act (as the case may be) shall be payable to that person on the commencement at the same rate as the said injury benefit or unemployability supplement (as the case may be, including in the case of unemployability supplement any increases in disablement pension in respect of an adult dependant or qualified child) which is payable to him immediately before the commencement.

(6) Any decision made by a deciding officer or by an appeals officer in relation to the award of—

(a) injury benefit, or

(b) unemployability supplement,

to a person before the commencement of this section shall be deemed to be a decision to award disability benefit payable by virtue of section 53 or 56 of the Principal Act (as the case may be) to such person on and from the commencement.

(7) Each provision of the Principal Act mentioned in column (1) of Schedule E 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).

(8) In the Principal Act every reference to—

(a) an injury benefit period shall be construed as a reference to a period of injury,

(b) injury benefit shall be construed as a reference to disability benefit payable by virtue of section 53, and

(c) unemployability supplement shall be construed as a reference to disability benefit payable by virtue of section 56.

(9) Section 55 of the Principal Act is hereby repealed.

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

Amendment of Chapter 11 of Part II of Principal Act (pay-related benefit).

21.—(1) Section 79 (1) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) is a day of unemployment which forms part of a period of interruption of employment where the first day of unemployment in that period commenced before the 21st day of July, 1994 and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the said period of interruption of employment, or”.

(2) Section 80 of the Principal Act is hereby amended by the substitution of “£97.50” for “£80” in each place where it occurs.

(3) Subsection (2) shall come into operation on the 20th day of July, 1994.

(4) The Principal Act is hereby amended by the insertion after section 81 of the following section:

“Payment of benefit.

81A.—Notwithstanding the provisions of this Chapter, pay-related benefit shall not be payable to a person in respect of any day of unemployment or of incapacity for work on or after the 1st day of November, 1995, unless he is in receipt of the said benefit on that day in which case benefit shall continue to be payable for the duration of his continuous entitlement up to the 393rd day of unemployment or of incapacity for work.”.

Unemployment assistance (minimum payment for certain claimants).

22.—(1) Section 121 (3) of the Principal Act is hereby amended by the substitution of “£10” for “£5” in each place where it occurs.

(2) This section shall come into operation on the 20th day of July, 1994.

Amendment of section 170 of Principal Act (definition of child dependant).

23.—Section 170 of the Principal Act is hereby amended by the substitution for the definition of “child dependant” of the following definition:

“‘child dependant’ means, in relation to a beneficiary, any child, not being an adult dependant, who is dependent on that beneficiary for support and who is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study within the meaning of section 126 (3) (a);”.

Amendment of section 172 of Principal Act (persons in full-time education).

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

“(1) A person shall not be entitled to receive supplementary welfare allowance while attending a course of study within the meaning of section 126, other than in such circumstances and subject to such conditions as may be prescribed.”.

Amendment of section 173 of Principal Act (persons in full-time employment).

25.—Section 173 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Subject to subsections (2) and (3), a person shall not, other than in such circumstances and subject to such conditions as may be prescribed, be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.”.

PART VI

Miscellaneous

Payments after death.

26.—Section 210 of the Principal Act is hereby amended by—

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

“(c) where an adult dependant in respect of whom an increase of benefit specified in paragraphs (a) to (h) or (j) and (k) 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 an old age (non-contributory) pension, a blind pension or a carer's allowance 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”, and

(b) the substitution for subsection (3) of the following subsection:

“(3) Subject to this section—

(a) payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the death of a beneficiary who had an increase under section 137 (a), and

(b) where a spouse in respect of whom an increase of old age (non-contributory) pension under section 137 (a) is payable, or in respect of whom such an increase would be payable, but for the receipt by the spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance 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.”.

Pre-retirement allowance.

27.—Section 122 of the Principal Act is hereby amended by the insertion after subsection (7) of the following subsection:

“(8) This section shall not apply in the case of a person who was entitled to or in receipt of pre-retirement allowance before the 2nd day of April, 1993.”.

Social welfare inspectors.

28.—Section 212 of the Principal Act is hereby amended by—

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

“(4) The occupier of any premises or place liable to inspection under this section, and any other person who—

(a) is or has been employing—

(i) any person in insurable employment or insurable (occupational injuries) employment, or

(ii) any claimant or beneficiary,

or

(b) engages or has engaged a person under a contract for service to perform a service,

and the employees of, or any other person providing bookkeeping, clerical or other administrative services to, any such occupier or other person and any insured person, claimant or beneficiary, or any person in respect of whom such a benefit is claimed, shall furnish to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether any benefit is or was payable to or in respect of any person.”, and

(b) the insertion after subsection (10) of the following subsection:

“(10A) A social welfare inspector may exercise any of the powers or duties conferred on him by this section to investigate, at the request of the competent authority of another Member State or any other country with which the Minister has made a reciprocal arrangement under the provisions of section 238, any claim, by a person resident in the State, for or in respect of any social security payment under the legislation of another Member State, or under the legislation of any other country with which the Minister has made a reciprocal arrangement under the said provisions.”.

Failure to keep records.

29.—The Principal Act is hereby amended by the substitution for section 219 of the following section:

“Failure to keep records.

219.—(1) Where—

(a) an employer has failed to keep records under regulations made under section 14 (5) or 215A or has failed to make a notification under regulations made under section 215, or

(b) any other person who engages a person (referred to in this section as a ‘contracted person’) under a contract for service to perform a service, has failed to keep records under regulations made under section 215A or has failed to make a notification under regulations made under section 215,

and an employee or a contracted person (as the case may be) receives payment, due wholly or partly by reason of that failure, of benefit which he was not entitled to receive in respect of any day on which he was in the employment of the said employer or engaged under a contract for service by the other person, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and that sum, if not repaid by the employee or contracted person (as the case may be), 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 shown that any payment aforesaid was made wholly or partly by reason of the failure of the employer or other person who engages a person under a contract for service to keep the said records or to make the said notification referred to in subsection (1).

(3) Where there is a material difference between any document issued by or on behalf of an employer or other person who engages a person under a contract for service, to an employee or contracted person (as the case may be) and any other document furnished to the Minister or to the Collector-General and the employee or contracted person (as the case may be) wholly or partly as a result of that difference, receives benefit to which he was not entitled, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and such sum, if not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) For the purposes of subsection (3) an employee or contracted person (as the case may be) shall include the employee's or contracted person's spouse and any other member of the employee's or contracted person's household (as the case may be) whose entitlement to benefit is regulated or adjusted by the income of the employee or contracted person (as the case may be).

(5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit received by the employee or contracted person (as the case may be) which he was not entitled to receive.”.

Unemployment assistance and supplementary welfare allowance (calculation of rates of payments).

30.—(1) Section 124 of the Principal Act is hereby amended by the deletion of subsection (2).

(2) Section 177 (1) of the Principal Act is hereby amended by—

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

“(ii) in the case of a person who has means, the amount calculated in accordance with section 178 which would be appropriate in his case if he had no means, reduced by £1 per week for every £1 of his weekly means, and”, and

(b) the substitution for paragraph (b) of the following paragraph:

“(b) the weekly means of any person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part III of the Third Schedule:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.”.

Occupational injuries insurance.

31.—(1) Section 49 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) Notwithstanding subsection (1), regulations may provide for entitling to such and so many of the benefits which comprise occupational injuries benefits, as may be prescribed, subject to such conditions and circumstances as may be prescribed, such class or classes of persons as may be prescribed.”.

(2) Section 4 (4) of the Principal Act is hereby amended by the insertion after “43 (5),” of “49 (3),”.

Amendments consequential on section 3 .

32.—(1) Each provision of the Principal Act mentioned in column (1) of Schedule F 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).

(2) This section shall come into operation—

(a) in so far as it relates to section 45, on the 21st day of July, 1994,

(b) in so far as it relates to sections 34 and 55, on the 25th day of July, 1994,

(c) in so far as it relates to sections 91, 99, 113 and 167, on the 28th day of July, 1994, and

(d) in so far as it relates to sections 60, 61, 87, 94 and 105, on the 29th day of July, 1994.

Provision of consultancy, training and contract services, etc.

33.—The Principal Act is hereby amended by the insertion after section 238 of the following section:

“Provision of consultancy, training and contract services, etc.

238A.—(1) The Minister may, with the consent of the Minister for Finance, for gain or otherwise, promote and enter into, with a specified body—

(a) a contract or an agreement for the provision by him to, or

(b) a contract, agreement or a joint venture for the provision by him with,

that body of consultancy, advisory, training, technical assistance or contract services or the sale or provision of computer products, inside and outside the State.

(2) In this section ‘a specified body’ means—

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

(b) a body established under the Companies Acts, 1963 to 1990,

(c) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraphs (a) and (b),

(d) an institution of the European Communities,

(e) a competent authority of a state other than the State, or

(f) the United Nations, the World Bank or any other international institution recognised by the State.”.

PART VII

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

Amendment of Health Contributions Act, 1979.

34.—(1) The Health Contributions Act, 1979 , is hereby amended by—

(a) the substitution for paragraph (b) of section 5 (1) of the following paragraph:

“(b) if the individual has, by virtue of section 45 of the Act of 1970, full eligibility for services under Part IV of that Act, the health contribution payable under paragraph (a) of this subsection shall not be payable.”, and

(b) the insertion after section 7 of the following section:

“Exemption from and refund of health contributions.

7A.—(1) An individual referred to in section 4 shall not be liable to pay health contributions—

(a) in respect of any payment on account of emoluments made in any contribution year if his reckonable income consists of emoluments only in that year and the amount of the payment does not exceed an amount equal to £173 where the period in respect of which the payment is made is a week or a corresponding amount where the period in respect of which the payment is made is greater or less than a week, or

(b) in respect of his reckonable income for a contribution year if such income does not consist of emoluments only and the amount of that income does not exceed £9,000 in that year.

(2) Where an individual's reckonable income for a contribution year did not exceed £9,000, any health contributions deducted from emoluments forming part of that reckonable income shall be repaid to that individual.”.

(2) This section shall come into operation on the 6th day of April, 1994.

Amendment of Youth Employment Agency Act, 1981.

35.—(1) The Youth Employment Agency Act, 1981 (as extended by section 25 of the Labour Services Act, 1987 ), is hereby amended by—

(a) the substitution for paragraph (c) of section 16 of the following paragraph:

“(c) if the employed contributor has, by virtue of section 45 of the Act of 1970, full eligibility for services under Part IV of that Act, the levy referred to in paragraph (a) shall not be payable.”, and

(b) the insertion after section 18 of the following section:

“Exemption from and refund of levy.

18A.—(1) An individual referred to in section 15 shall not be liable to pay the levy—

(a) in respect of any payment on account of emoluments made in a contribution year if his reckonable income consists of emoluments only in that year and the amount of the payment does not exceed an amount equal to £173 where the period in respect of which the payment is made is a week or a corresponding amount where the period in respect of which the payment is made is greater or less than a week, or

(b) in respect of his reckonable income for a contribution year if such income does not consist of emoluments only and the amount of that income does not exceed £9,000 in that year.

(2) Where an individual's reckonable income for a contribution year did not exceed £9,000, any levy deducted from emoluments forming part of that reckonable income shall be repaid to that individual.”.

(2) This section shall come into operation on the 6th day of April, 1994.

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

Section 4 .

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART II

Increase of Old Age (Non-Contributory) Pension and Blind Pension for One of a Couple

”.

SCHEDULE C

Section 7 .

SCHEDULE D

Section 13 .

SCHEDULE E

Section 20 .

SCHEDULE F

Section 32 .