Social Welfare (No. 2) Act, 2001

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Number 51 of 2001


SOCIAL WELFARE (NO. 2) ACT, 2001


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Social insurance benefits (new rates).

3.

Social assistance payments (new rates).

4.

Family income supplement (new weekly rates).

5.

Employment contributions (new rates of contributions and amendment to earnings ceiling).

6.

Optional contributions (amendment to income ceiling).

7.

Social Insurance Fund.

8.

Repeals.

9.

Short title and construction.

SCHEDULE A

SCHEDULE B


Acts Referred to

Social Welfare Act, 1996

1996, No. 7

Social Welfare Act, 1999

1999, No. 3

Social Welfare Act, 2000

2000, No. 4

Social Welfare Act, 2001

2001, No. 5

Social Welfare (Consolidation) Act, 1993

1993, No. 27

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Number 51 of 2001


SOCIAL WELFARE (NO. 2) ACT, 2001


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS. [20th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“Act of 1996” means Social Welfare Act, 1996;

“Act of 1999” means Social Welfare Act, 1999;

“Act of 2000” means Social Welfare Act, 2000;

“Act of 2001” means Social Welfare Act, 2001;

“Principal Act” means Social Welfare (Consolidation) Act, 1993.

Social insurance benefits (new rates).

2.—(1) The Principal Act is amended by the substitution for Parts I to IV (inserted by section 4 of the Act of 2001) and Part V (inserted by section 4 of the Act of 1999) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment benefit, on 27 December 2001,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity, on 31 December 2001,

(c) in so far as it relates to carer's benefit, retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Act of 1996, on 3 January 2002, and

(d) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension, orphan's (contributory) allowance and bereavement grant, on 4 January 2002.

Social assistance payments (new rates).

3.—(1) The Principal Act is amended by the substitution for Parts I, II, IIA, IIB and IIC (inserted by section 5 of the Act of 2001) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 26 December 2001,

(b) in so far as it relates to supplementary welfare allowance, on 31 December 2001,

(c) in so far as it relates to disability allowance, on 2 January 2002,

(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on 3 January 2002, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on 4 January 2002.

Family income supplement (new weekly rates).

4.—(1) The Principal Act is amended by the substitution for section 198 (inserted by section 7(1) of the Act of 2001) of the following section:

“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, €362,

(b) in the case of a family which includes 2 children, €388,

(c) in the case of a family which includes 3 children, €413,

(d) in the case of a family which includes 4 children, €438,

(e) in the case of a family which includes 5 children, €470,

(f) in the case of a family which includes 6 children, €496,

(g) in the case of a family which includes 7 children, €517, or

(h) in the case of a family which includes 8 or more children, €539.”.

(2) This section comes into operation on 3 January 2002.

Employment contributions (new rates of contributions and amendment to earnings ceiling).

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

(a) the substitution in subsection (1)(c) of “€38,740” for “£28,250” (inserted by section 8(2)(b) of the Act of 2001),

(b) the substitution in subsection (1)(d) (as amended by section 8(2)(c) of the Act of 2001) of “10.05 per cent.” for “11.3 per cent.”, and

(c) the substitution in subsection (7) (as amended by section 8(1)(f) of the Act of 2000) of “10.05 per cent.” for “11.3 per cent.”.

(2) This section comes into operation—

(a) in so far as it relates to subsection (1)(a), on 1 January 2002, and

(b) in so far as it relates to subsection (1)(b) and (1)(c), on 1 March 2002.

Optional contributions (amendment to income ceiling).

6.—(1) Section 24B(1)(b) of the Principal Act is amended by the substitution of “€38,740” for “£28,250” (inserted by section 10(1) of the Act of 2001).

(2) This section comes into operation on 1 January 2002.

Social Insurance Fund.

7.—Section 7 of the Principal Act is amended by the insertion after subsection (11) of the following subsection:

“(12) In the financial year 2002, an amount of €635 million shall be paid out of the Fund into the Exchequer.”.

Repeals.

8.—(1) Sections 32, 33 and 35 of the Act of 2001 are repealed.

(2) Section 36 of the Act of 2001 is repealed in so far as it relates to section 10(1)(c) and section 24B(1)(b) of the Principal Act.

Short title and construction.

9.—(1) This Act may be cited as the Social Welfare (No. 2) Act, 2001.

(2) The Social Welfare Acts and this Act shall be construed together as one.

SCHEDULE A

Section 2 .

“Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

Description of benefit

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for prescribed relative under section 167 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Disability Benefit, Unemployment Benefit, Injury Benefit and Health and Safety Benefit

Health and Safety Benefit

...

118.80

78.80

16.80

2. Death Benefit:

(a) pension payable to a widow or widower (under

section 60)

...

...

146.60

21.60

82.30

7.70

12.70

additional increase for a widow or widower (under section 60) who has attained

pensionable age

...

...

5.10

(b) pension payable to a parent:

(i) reduced rate

...

70.90

82.30

7.70

(ii) maximum rate

...

146.60

82.30

7.70

(c) pension payable to an

orphan

...

...

93.10

3. Old Age (Contributory) Pension and Retirement Pension:

147.30

98.10

19.30

82.30

7.70

6.40

12.70

additional increase for a qualified adult who has attained pensionable age

15.70

4. Invalidity Pension:

123.30

88.00

19.30

82.30

7.70

6.40

12.70

additional increase for a beneficiary who has attained

the age of 65 years

...

24.00

additional increase where qualified adult has attained

pensionable age

...

17.40

5. Widow's and Widower's (Contributory) Pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act, 1996 :

123.30

21.60

82.30

7.70

6.40

12.70

additional increase for a beneficiary who has attained

pensionable age

...

21.50

6. Orphan's (Contributory) Allowance

Allowance

...

...

...

91.00

7. Carer's Benefit:

(a) in the case of a person to whom section 82D(1)(b)

applies

...

...

132.70

16.80

(b) in the case of a person to whom section 82D(1)(a)

applies

...

...

199.10

16.80

PART II

Occupational Injuries Benefits — Gratuities and Grant

Description of Grant

Amount

(1)

(2)

1. Disablement Benefit:

Maximum gratuity

...

...

...

...

...

...

10,420

2. Death Benefit

Grant in respect of funeral expenses

...

...

...

...

635

PART III

Disablement Pension

Degree of Disablement

Weekly Rate

(1)

(2)

100 per cent.

...

...

...

...

148.90

90 per cent.

...

...

...

...

134.00

80 per cent.

...

...

...

...

119.10

70 per cent.

...

...

...

...

104.20

60 per cent.

...

...

...

...

89.30

50 per cent.

...

...

...

...

74.50

40 per cent.

...

...

...

...

59.60

30 per cent.

...

...

...

...

44.70

20 per cent.

...

...

...

...

29.80

PART IV

Increases of Disablement Pension

Description of Increase

Weekly Rate

Increase where the person is living alone

(1)

(2)

(3)

1. Increase where the person is permanently incapable

of work

...

...

...

...

...

...

118.80

7.70

2. Increase where the person requires constant

attendance

...

...

...

...

...

...

132.70

PART V

Bereavement Grant

Description of Grant

Amount

(1)

(2)

Bereavement Grant

635

”.

SCHEDULE B

Section 3 .

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for prescribed relative under section 167 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Unemployment Assistance:

(a) in the case of a person to whom

section 121(1)(a) applies

...

118.80

78.80

16.80

(b) in the case of a person to whom

section 121(1)(b) applies

...

118.80

78.80

16.80

2. Pre-Retirement Allowance

...

118.80

78.80

16.80

3. Disability Allowance

...

118.80

78.80

16.80

7.70

4. Old Age (Non-Contributory)

Pension

...

...

...

134.00

16.80

82.30

7.70

6.40

12.70

5. Blind Pension:

118.80

16.80

82.30

7.70

6.40

12.70

additional increase for a beneficiary who has attained pensionable age

15.20

6. Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act, 1996 :

118.80

82.30

7.70

6.40

12.70

additional increase for a beneficiary who has attained pensionable age

15.20

7. One-Parent Family Payment:

118.80

19.30

6.40

12.70

additional increase for a beneficiary who has attained pensionable age

15.20

8. Carer's Allowance:

(a) in the case of a person to whom section 165(1)(a)

applies

...

...

...

183.90

16.80

12.70

additional increase for a beneficiary who has attained pensionable age

22.80

(b) in the case of a person to whom section 165(1)(b)

applies

...

...

...

122.60

16.80

12.70

additional increase for a beneficiary who has attained pensionable age

15.20

9. Orphan's (Non-Contributory)

Pension

...

...

...

91.00

10. Supplementary Welfare

Allowance

...

...

118.80

78.80

16.80

11. Farm Assist

...

...

118.80

78.80

16.80

PART II

Increase of Old Age (Non-Contributory) Pension for One of a Couple and Increase in Blind Pension for One of a Couple where both Beneficiary and Spouse have attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

88.50

exceed €7.60 but do not exceed €10.10

86.80

exceed €10.10 but do not exceed €12.60

85.10

exceed €12.60 but do not exceed €15.10

83.50

exceed €15.10 but do not exceed €17.60

81.80

exceed €17.60 but do not exceed €20.10

80.20

exceed €20.10 but do not exceed €22.60

78.50

exceed €22.60 but do not exceed €25.10

76.90

exceed €25.10 but do not exceed €27.60

75.20

exceed €27.60 but do not exceed €30.10

73.60

exceed €30.10 but do not exceed €32.60

71.90

exceed €32.60 but do not exceed €35.10

70.30

exceed €35.10 but do not exceed €37.60

68.60

exceed €37.60 but do not exceed €40.10

67.00

exceed €40.10 but do not exceed €42.60

65.30

exceed €42.60 but do not exceed €45.10

63.70

exceed €45.10 but do not exceed €47.60

62.00

exceed €47.60 but do not exceed €50.10

60.40

exceed €50.10 but do not exceed €52.60

58.70

exceed €52.60 but do not exceed €55.10

57.10

exceed €55.10 but do not exceed €57.60

55.40

exceed €57.60 but do not exceed €60.10

53.80

exceed €60.10 but do not exceed €62.60

52.10

exceed €62.60 but do not exceed €65.10

50.50

exceed €65.10 but do not exceed €67.60

48.80

exceed €67.60 but do not exceed €70.10

47.20

exceed €70.10 but do not exceed €72.60

45.50

exceed €72.60 but do not exceed €75.10

43.90

exceed €75.10 but do not exceed €77.60

42.20

exceed €77.60 but do not exceed €80.10

40.60

exceed €80.10 but do not exceed €82.60

38.90

exceed €82.60 but do not exceed €85.10

37.30

exceed €85.10 but do not exceed €87.60

35.60

exceed €87.60 but do not exceed €90.10

34.00

exceed €90.10 but do not exceed €92.60

32.30

exceed €92.60 but do not exceed €95.10

30.80

exceed €95.10 but do not exceed €97.60

29.50

exceed €97.60 but do not exceed €100.10

28.30

exceed €100.10 but do not exceed €102.60

27.00

exceed €102.60 but do not exceed €105.10

25.70

exceed €105.10 but do not exceed €107.60

24.40

exceed €107.60 but do not exceed €110.10

23.20

exceed €110.10 but do not exceed €112.60

19.10

exceed €112.60 but do not exceed €115.10

17.50

exceed €115.10 but do not exceed €117.60

15.80

exceed €117.60 but do not exceed €120.10

14.20

exceed €120.10 but do not exceed €122.60

12.50

exceed €122.60 but do not exceed €125.10

10.90

exceed €125.10 but do not exceed €127.60

9.20

exceed €127.60 but do not exceed €130.10

7.60

exceed €130.10 but do not exceed €132.60

5.90

exceed €132.60 but do not exceed €135.10

4.30

exceed €135.10 but do not exceed €137.60

2.60

exceed €137.60

Nil

PART IIA

Increase of Blind Pension for One of a Couple where both Beneficiary and Spouse have not attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

78.80

exceed €7.60 but do not exceed €10.10

77.10

exceed €10.10 but do not exceed €12.60

75.40

exceed €12.60 but do not exceed €15.10

73.80

exceed €15.10 but do not exceed €17.60

72.10

exceed €17.60 but do not exceed €20.10

70.50

exceed €20.10 but do not exceed €22.60

68.80

exceed €22.60 but do not exceed €25.10

67.20

exceed €25.10 but do not exceed €27.60

65.50

exceed €27.60 but do not exceed €30.10

63.80

exceed €30.10 but do not exceed €32.60

62.20

exceed €32.60 but do not exceed €35.10

60.50

exceed €35.10 but do not exceed €37.60

58.90

exceed €37.60 but do not exceed €40.10

57.20

exceed €40.10 but do not exceed €42.60

55.60

exceed €42.60 but do not exceed €45.10

53.90

exceed €45.10 but do not exceed €47.60

52.20

exceed €47.60 but do not exceed €50.10

50.60

exceed €50.10 but do not exceed €52.60

48.90

exceed €52.60 but do not exceed €55.10

47.30

exceed €55.10 but do not exceed €57.60

45.60

exceed €57.60 but do not exceed €60.10

44.00

exceed €60.10 but do not exceed €62.60

42.30

exceed €62.60 but do not exceed €65.10

40.60

exceed €65.10 but do not exceed €67.60

39.00

exceed €67.60 but do not exceed €70.10

37.30

exceed €70.10 but do not exceed €72.60

35.70

exceed €72.60 but do not exceed €75.10

34.00

exceed €75.10 but do not exceed €77.60

32.40

exceed €77.60 but do not exceed €80.10

31.20

exceed €80.10 but do not exceed €82.60

29.90

exceed €82.60 but do not exceed €85.10

28.60

exceed €85.10 but do not exceed €87.60

27.30

exceed €87.60 but do not exceed €90.10

26.10

exceed €90.10 but do not exceed €92.60

24.80

exceed €92.60 but do not exceed €95.10

23.50

exceed €95.10 but do not exceed €97.60

22.30

exceed €97.60 but do not exceed €100.10

21.00

exceed €100.10 but do not exceed €102.60

15.80

exceed €102.60 but do not exceed €105.10

14.10

exceed €105.10 but do not exceed €107.60

12.50

exceed €107.60 but do not exceed €110.10

10.80

exceed €110.10 but do not exceed €112.60

9.10

exceed €112.60 but do not exceed €115.10

7.50

exceed €115.10 but do not exceed €117.60

5.80

exceed €117.60 but do not exceed €120.10

4.20

exceed €120.10 but do not exceed €122.60

2.50

exceed €122.60

Nil

PART IIB

Increase of Blind Pension for One of a Couple where Beneficiary has not attained Pensionable Age and Spouse has attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

88.50

exceed €7.60 but do not exceed €10.10

86.60

exceed €10.10 but do not exceed €12.60

84.80

exceed €12.60 but do not exceed €15.10

82.90

exceed €15.10 but do not exceed €17.60

81.10

exceed €17.60 but do not exceed €20.10

79.20

exceed €20.10 but do not exceed €22.60

77.30

exceed €22.60 but do not exceed €25.10

75.50

exceed €25.10 but do not exceed €27.60

73.60

exceed €27.60 but do not exceed €30.10

71.70

exceed €30.10 but do not exceed €32.60

69.90

exceed €32.60 but do not exceed €35.10

68.00

exceed €35.10 but do not exceed €37.60

66.20

exceed €37.60 but do not exceed €40.10

64.30

exceed €40.10 but do not exceed €42.60

62.40

exceed €42.60 but do not exceed €45.10

60.60

exceed €45.10 but do not exceed €47.60

58.70

exceed €47.60 but do not exceed €50.10

56.80

exceed €50.10 but do not exceed €52.60

54.90

exceed €52.60 but do not exceed €55.10

53.60

exceed €55.10 but do not exceed €57.60

52.40

exceed €57.60 but do not exceed €60.10

51.10

exceed €60.10 but do not exceed €62.60

49.80

exceed €62.60 but do not exceed €65.10

48.50

exceed €65.10 but do not exceed €67.60

47.30

exceed €67.60 but do not exceed €70.10

46.00

exceed €70.10 but do not exceed €72.60

44.70

exceed €72.60 but do not exceed €75.10

43.50

exceed €75.10 but do not exceed €77.60

42.20

exceed €77.60 but do not exceed €80.10

40.90

exceed €80.10 but do not exceed €82.60

39.70

exceed €82.60 but do not exceed €85.10

38.40

exceed €85.10 but do not exceed €87.60

37.10

exceed €87.60 but do not exceed €90.10

35.90

exceed €90.10 but do not exceed €92.60

34.60

exceed €92.60 but do not exceed €95.10

33.30

exceed €95.10 but do not exceed €97.60

32.00

exceed €97.60 but do not exceed €100.10

30.80

exceed €100.10 but do not exceed €102.60

17.70

exceed €102.60 but do not exceed €105.10

15.90

exceed €105.10 but do not exceed €107.60

14.00

exceed €107.60 but do not exceed €110.10

12.10

exceed €110.10 but do not exceed €112.60

10.30

exceed €112.60 but do not exceed €115.10

8.40

exceed €115.10 but do not exceed €117.60

6.60

exceed €117.60 but do not exceed €120.10

4.70

exceed €120.10 but do not exceed €122.60

2.80

exceed €122.60

Nil

PART IIC

Increase of Blind Pension for One of a Couple where Beneficiary has attained Pensionable Age and Spouse has not attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

78.80

exceed €7.60 but do not exceed €10.10

77.30

exceed €10.10 but do not exceed €12.60

75.90

exceed €12.60 but do not exceed €15.10

74.40

exceed €15.10 but do not exceed €17.60

72.90

exceed €17.60 but do not exceed €20.10

71.40

exceed €20.10 but do not exceed €22.60

70.00

exceed €22.60 but do not exceed €25.10

68.50

exceed €25.10 but do not exceed €27.60

67.00

exceed €27.60 but do not exceed €30.10

65.60

exceed €30.10 but do not exceed €32.60

64.10

exceed €32.60 but do not exceed €35.10

62.60

exceed €35.10 but do not exceed €37.60

61.20

exceed €37.60 but do not exceed €40.10

59.70

exceed €40.10 but do not exceed €42.60

58.20

exceed €42.60 but do not exceed €45.10

56.70

exceed €45.10 but do not exceed €47.60

55.30

exceed €47.60 but do not exceed €50.10

53.80

exceed €50.10 but do not exceed €52.60

52.30

exceed €52.60 but do not exceed €55.10

50.90

exceed €55.10 but do not exceed €57.60

49.40

exceed €57.60 but do not exceed €60.10

47.90

exceed €60.10 but do not exceed €62.60

46.50

exceed €62.60 but do not exceed €65.10

45.00

exceed €65.10 but do not exceed €67.60

43.50

exceed €67.60 but do not exceed €70.10

42.00

exceed €70.10 but do not exceed €72.60

40.60

exceed €72.60 but do not exceed €75.10

39.10

exceed €75.10 but do not exceed €77.60

37.60

exceed €77.60 but do not exceed €80.10

36.20

exceed €80.10 but do not exceed €82.60

34.70

exceed €82.60 but do not exceed €85.10

33.20

exceed €85.10 but do not exceed €87.60

31.80

exceed €87.60 but do not exceed €90.10

30.30

exceed €90.10 but do not exceed €92.60

28.80

exceed €92.60 but do not exceed €95.10

27.30

exceed €95.10 but do not exceed €97.60

25.90

exceed €97.60 but do not exceed €100.10

24.40

exceed €100.10 but do not exceed €102.60

22.90

exceed €102.60 but do not exceed €105.10

21.50

exceed €105.10 but do not exceed €107.60

20.00

exceed €107.60 but do not exceed €110.10

18.50

exceed €110.10 but do not exceed €112.60

17.10

exceed €112.60 but do not exceed €115.10

15.60

exceed €115.10 but do not exceed €117.60

14.10

exceed €117.60 but do not exceed €120.10

12.60

exceed €120.10 but do not exceed €122.60

11.20

exceed €122.60 but do not exceed €125.10

9.70

exceed €125.10 but do not exceed €127.60

8.20

exceed €127.60 but do not exceed €130.10

6.80

exceed €130.10 but do not exceed €132.60

5.30

exceed €132.60 but do not exceed €135.10

3.80

exceed €135.10 but do not exceed €137.60

2.40

exceed €137.60

Nil

”.