Social Welfare Act, 1998
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Pre-retirement allowance — consolidation of provisions. |
18.—The Principal Act is hereby amended by the substitution for Chapter 3 of Part III of the following Chapter: | |
“CHAPTER 3 | ||
Pre-Retirement Allowance | ||
Entitlement to allowance. | ||
127.—(1) Subject to this Act, an allowance (in this Chapter referred to as ‘pre-retirement allowance’) shall be payable in respect of any period of retirement to a person— | ||
(a) who has attained the age specified by regulations but has not attained pensionable age, | ||
(b) whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases thereof) that would be payable to the person under this Chapter if that person had no means, and | ||
(c) (i) who has been in receipt of unemployment benefit or unemployment assistance in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3), | ||
(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in such preceding period as may be prescribed, or | ||
(iii) immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of— | ||
(A) one-parent family payment, but has ceased to be entitled to such payment by virtue of no longer being regarded as a qualified parent within the meaning of section 157(1), or | ||
(B) carer's allowance, but has ceased to be entitled to such allowance, by virtue of no longer being regarded as a carer within the meaning of section 163(1). | ||
(2) (a) For the purposes of subsection (1)(c)(ii) and subject to section 3(12) a person who is separated from his or her spouse, shall continue to be regarded as a separated spouse where the marriage has been dissolved, being a dissolution that is recognised as valid in the State. | ||
(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1)(c)(ii) applies, unless that person remarries or cohabits as husband and wife, in which case the allowance shall cease. | ||
(3) In this Chapter ‘weekly means’ shall, subject to Rule 1(6A), be the yearly means divided by 52; means shall be calculated in accordance with the Rules contained in Part I of the Third Schedule. | ||
(4) Where the spouse of a claimant for pre-retirement allowance is not the claimant's qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 245A, the means of the claimant shall be taken to be one-half of the means. | ||
Rates of allowance (including increases for qualified adult and children). | ||
128.—(1) Subject to this section and section 122, the rate of pre-retirement allowance (in this Chapter referred to as ‘the scheduled rate’) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by— | ||
(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and | ||
(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary. | ||
(2) Pre-retirement allowance shall be payable where— | ||
(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and | ||
(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2: | ||
Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pre-retirement allowance would be payable is— | ||
(i) equal to or greater than 10p but less than £1, the allowance shall be payable at the weekly rate of £1, and | ||
(ii) less than 10p, the allowance shall not be payable. | ||
(3) Any increase of pre-retirement allowance payable pursuant to paragraph (b) of subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not a qualified adult and paragraph (b) of subsection (1) shall be construed and have effect accordingly. | ||
Regulations. | ||
129.—The Minister may make regulations for the purpose of giving effect to this Chapter and such regulations may, in particular and without prejudice to the generality of the foregoing— | ||
(a) specify the age for the purposes of section 127(1)(a), | ||
(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter, | ||
(c) specify the circumstances in which a person is to be regarded as a separated spouse for the purposes of section 127(1)(c)(ii), and | ||
(d) vary the weekly rate of pre-retirement allowance under section 128, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of such regulations. | ||
Integration of single woman's allowance scheme with pre-retirement allowance scheme. | ||
130.—(1) Notwithstanding this Chapter and regulations made hereunder, where, immediately before the 5th day of November, 1992 (in this Chapter referred to as ‘the appointed day’) a woman, who had not attained pensionable age, was in receipt of single woman's allowance, pre-retirement allowance shall be payable to her from the appointed day at the same rate as the said single woman's allowance which was payable to her immediately before the said day: | ||
Provided that she continues to satisfy the conditions as to means in accordance with section 127(3). | ||
(2) For the purposes of subsection (1), a woman who was in receipt of single woman's allowance immediately before the appointed day shall be deemed— | ||
(a) to be retired within the meaning of regulations made for the purposes of section 129(b), and | ||
(b) to have complied with the requirement contained in section 127(1)(b). | ||
(3) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the appointed day shall be deemed to be a decision to award pre-retirement allowance to such person on and from the said day. | ||
(4) In this Chapter a reference to ‘single woman's allowance’ means single woman's allowance which was payable by virtue of section 198 (repealed by section 37 of the Social Welfare Act, 1992 ) of the Social Welfare (Consolidation) Act, 1981 , and regulations made thereunder.”. |