Social Welfare Act , 1948

PART I. Preliminary and General.

1 Short title and collective citations.

1.—(1) This Act may be cited as the Social Welfare Act, 1948.

(2) The Old Age Pensions Acts, 1908 to 1938, and Part II of this Act may be cited together as the Old Age Pensions Acts, 1908 to 1948.

(3) The National Health Insurance Acts, 1911 to 1947, and Part III of this Act may be cited together as the National Health Insurance Acts, 1911 to 1948.

(4) The Unemployment Insurance Acts, 1920 to 1946, and Part IV of this Act may be cited together as the Unemployment Insurance Acts, 1920 to 1948.

(5) The Unemployment Assistance Acts, 1933 to 1940, and Part V of this Act may be cited together as the Unemployment Assistance Acts, 1933 to 1948.

(6) The Windows' and Orphans' Pensions Acts, 1935 to 1947, and Part VI of this Act may be cited together as the Windows' and Orphans' Pensions Acts, 1935 to 1948.

2 Definitons generally.

2.—In this Act—

the expression “the Minister” means the Minister for Social Welfare;

the expression “the Order of 1947” means the Social Welfare Schemes (Cash Supplements) Order, 1947 (S. R. & O., No. 76 of 1947), as amended by the Social Welfare Schemes (Cash Supplements) Order, 1947 (First Amendment) Order, 1947 (S. R. & O., No. 307 of 1947), and the Social Welfare Schemes (Cash Supplements) Order, 1947 (Second Amendment) Order, 1947 (S. R. & O., No. 366 of 1947).

3 Repeals and revocations.

3.—(1) The enactments mentioned in column (2) of any Part of the First Schedule to this Act are hereby repealed to the extent specified in column (3) of that Part and as on and from the respective dates specified in column (4) of that Part.

(2) The Orders mentioned in column (2) of the Second Schedule to this Act are hereby revoked.

4 Cesser of payment of supplements under the Order of 1947

4.—No payment shall be made under any provision of the Order of 1947 mentioned in column (2) of the Third Schedule to this Act at any reference number in respect of any week or day later than the week or day (as the case may be) specified in column (3) of the said Schedule at that reference number.

PART II. Amendments of the Old Pensions Acts, 1908 to 1938.

Chapter I. Preliminary and General.

5 Commencement of Chapter II of Part II.

5.—Chapter II of this Part shall come into operation on the 7th day of January, 1949.

6 Interpretation of Part II.

6.—(1) In this Part—

the expression “the Act of 1924” means the Old Age Pensions Act, 1924 (No. 19 of 1924);

the expression “the Act of 1932” means the Old Age Pensions Act, 1932 (No. 18 of 1932);

the expression “the Acts” means the Old Age Pensions Acts, 1908 to 1938;

the word “pension” means a pension payable under the Acts.

(2) This Part shall be construed as one with the Acts.

7 Review and prospective adjustment of pensions.

7.—(1) In this section—

the expression “existing pension” means a pension which—

(a) is payable at the date of the passing of this Act, or

(b) commences to accrue before the 7th day of January, 1949;

the expression “the appropriate new weekly rate” means, in relation to an existing pension, the weekly rate which, having regard to Chapter II of this Part, will, if such pension continues to be payable after the 6th day of January, 1949, be applicable to such pension.

(2) Every pension officer shall proceed to review every existing pension in his area and shall, subject to subsection (3) of this section, adjust, with effect as from the 7th day of January, 1949, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the 6th day of January, 1949, shall, subject to the provisions of the Acts and Chapter II of this Part, be payable, as on and from the 7th day of January, 1949, at the weekly rate to which it is so adjusted.

(3) For the purposes of the review and adjustment of an existing pension under this section, the reference to the yearly means of the pensioner, contained in the Table to section 9 of this Act, shall be construed as a reference to the yearly means of the pensioner as they stood determined at the date of the review and adjustment.

8 Birth certificates.

8.—Where, for the purposes of the Acts, the age of any person is required to be proved by the production of a certificated of birth, any person shall, on presenting a written requisition in such form and containing such particulars as the Minister for Health may direct and on payment of a fee of sixpence, be entitled to obtain a certified copy of the entry of the birth in the register of births under the hand of the registrar, superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by the registrar, superintendent registrar or other person having the custody of the register.

Chapter II. Amendments of the Acts operative as from the 7th day of January, 1949.

9 Increase of rates of pensions.

9.—A pension shall, subject ot section 13 of this Act, be at the rate set forth in the Table to this section in lieu of the rate fixed by section 2 of, and the First Schedule to, the Act of 1924, as amended by section 2 of the Old Age Pensions Act, 1928 (No. 1 of 1928)

Rate of Pension.

Means of Claimant or Pensioner							Rate of pension per week
Where the yearly means of the claimant or pensioner as calculated under the Acts as amended by this Act—							s.	d.
do not exceed £15 12s. 6d.							17	6
exceed	£15 12s. 6d.	but do not exceed				£22 2s. 6d.	15	0
”	£22 2s. 6d.	”	”	”	”	£28 12s. 6d.	12	6
”	£28 12s. 6d.	”	”	”	”	£35 2s. 6d.	10	0
”	£35 2s. 6d.	”	”	”	”	£41 12s. 6d.	7	6
”	£41 12s. 6d.	”	”	”	”	£52 5s. 0d.	5	0
”	£52 5s. 0d.						No pension

10 Amendment of section 8 of the Act of 1924.

10.—In subsection (1) of section 8 of the Act of 1924, the words “fifty-two pounds five shillings” shall be substituted for the words “thirty-nine pounds five shillings”.

11 Payments under section 44 of the Health Act, 1947, not to be taken into account when calculating means.

11.—In calculating, for the purposes of the Acts, as amended by this Chapter, the means of any person no account shall be taken of any payments made, under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of that person or his dependants.

12 Lowering to 21 years of qualifying age for blind pensions and other provisions in relation to blind pensions.

12.—(1) Section 6 (which provides for the payment of pensions to blind persons aged thirty years or upwards) of the Act of 1932 is hereby amended in the following respects:—

(a) the words “person who has attained the age of twenty-one years” shall be substituted for the words “person who has attained the age of thirty years” wherever the latter words occur,

(b) in paragraph (c) the words “ten years” shall be substituted for the words “eighteen years”.

(2) (a) In calculating the income, mentioned in paragraph (b) of subsection (1) of section 2 of the Old Age Pensions Act, 1911, of a blind person, no account shall be taken of the earnings of that person except, and in so far as, the annual amount of such earnings is calculated to exceed an amount made up as follows:—

(i) if that person is a man, £52, plus £39 if he has a wife, plus £26 for each child,

(ii) if that person is a woman, £52, plus £26 for each child, plus £39 if she has a husband living with her who is prevented by physical or mental infirmity from supporting himself;

(b) In this subsection—

the word “earnings” includes wages, profit from any form of self-employment in a trade or business (including farming), unemployment benefit and unemployment assistance; the word “child” means, in relation to a blind person, any child of that blind person or his wife or her husband who is under the age of sixteen years.

(3) In calculating, for the purposes of the Acts, as amended by this Chapter, the means of a blind person who is being paid an allowance or grant in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920, no account shall be taken of such grant or allowance.

(4) Where a person, who was in receipt of a pension under section 6 of the Act of 1932 on the 6th day of January, 1949, raises a question for an increase of pension and notice of the question is received by the pension officer concerned not later than the 1st day of July, 1949, the notice shall, for the purpose of section 6 of the Old Age Pensions Act, 1919, be deemed to have been received by the pension officer on the 7th day of January, 1949.

13 Saving for certain existing pensioners.

13.—(1) No person, who was, immediately before the 7th day of January, 1949, in receipt of a pension and a supplement thereto under the Order of 1947, shall, if he continues to be entitled to such pension after the 6th day of January, 1949, receive less by way of pension than he would have received if this Act had not been passed and the Order of 1947 had continued in force.

(2) (a) In this subsection, the expression “the standard weekly rate” means, in relation to a pension, the rate at which such pension would for the time being be payable under the Acts, as amended by this Chapter, if subsection (1) of this section had not been enacted.

(b) Where, by virtue of subsection (1) of this section, a person is, on or after the 7th day of January, 1949, in receipt of a pension at a weekly rate higher than the standard weekly rate, the pension officer concerned shall from time to time review such pension and on any such review make such adjustments (if any) in the weekly rate thereof as would be appropriate if this Act had not been passed and the Order of 1947 had continued in force, but shall not so adjust such pension that it becomes payable at a weekly rate lower than the standard weekly rate.

(c) Where any pension is adjusted under this subsection, such pension shall thereupon, but subject to any further adjustment, become payable at the weekly rate to which it is so adjusted.

PART III. Amendments of the National Health Insurance Acts, 1911 to 1947.

14 Commencement of Part III.

14.—This Part shall come into operation on the 4th day of October, 1948.

15 Interpretation of Part III.

15.—(1) In this Part—

the expression “the Act of 1920” means the National Health Insurance Act, 1920;

the expression “the Principal Act” means the National Insurance Act, 1911;

the expression “the Society” means Cumann an Árachais Náisiúnta ar Shláinte.

(2) This Part shall be construed as one with the National Health Insurance Acts, 1911 to 1947.

16 Rates of contributions.

16.—(1) The contributions payable under the Principal Act in respect of employed contributors shall be at the rates set out in the Table to this section, instead of the rates specified in Part II of the First Schedule to the Act of 1920, and references in any enactment to Part II of the Second Schedule to the Principal Act shall be construed as references to the Table to this section.

(2) The reference in subsection (10) of section 81 of the Principal Act to the difference between the amount of contributions actually paid by or in respect of a contributor at the rate specified in Part II of the Second Schedule to the Principal Act and the amount which would have been paid if those contributions had been at the rate specified in Part I of that Schedule shall be construed as a reference to the sum of two pence.

Rates of contributions in respect of employed contributors.

	s.	d.
In the case of men	1	0 a week.
In the case of women	0	11 a week.

Contributions by Employers and Employed Contributors.

To be paid by the employer			6d. a week.
	}	men	6d. a week.
To be paid by the contributor	women	5d. a week.

17 Amendment of section 15 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936.

17.—In subsection (1) of section 15 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936), the words “seven pence” shall be substituted for the words “four pence and one half-penny”.

18 Rates of sickness and disablement benefits.

18.—(1) The ordinary rate of sickness benefit shall be in the case of a man the sum of twenty-two shillings and sixpence a week and in the case of a woman the sum of eighteen shillings a week throughtout the whole period of twenty-six weeks.

(2) The rate of disablement benefit shall be in the case of a man fifteen shillings a week and in the case of a woman thirteen shillings and sixpence a week.

(3) In subsection (1) of section 12 of the National Health Insurance Act, 1918 (as amended by subsection (3) of section 2 of the Act of 1920), the words “sixteen shillings and sixpence” and the words “thirteen shillings and sixpence” shall be substituted for the words “nine shillings” and words “seven shillings and sixpence” respectively.

19 Amendment of section 109 of the Principal Act.

19.—In section 109 of the Principal Act, as amended by the Act of 1920, the words “ten shillings” shall be substituted for the words “seven shillings and sixpence”.

20 Provision of funds for Medical Certification Fund.

20.—(1) There shall be debited to the benefit fund of the Society, in respect of each member (not being a serving soldier) of the Society, for the year 1948 and for every succeeding year, such sum as the Minister may, with the consent of the Minister for Finance, determine.

(2) The sums directed by subsection (1) of this section to be debited to the benefit fund of the Society shall be credited to the Medical Certification Fund.

(3) For the purpose of calculating the total sums to be debited to the benefit fund of the Society under this section, the total number of members (not being serving soldiers) of the Society shall be calculated in such manner as the Minister shall direct.

21 Payment of certain sums out of National Health Insurance Fund to the Exchequer.

21.—So much of the moneys payable under paragraph (5) of Article 3 of the Social Welfare (Substitutive Allowances) Order, 1948 (S.I. No. 8 of 1948), by the Minister to public assistance authorities as is referable to seven-ninths of the payments made by those authorities under paragraph (1) of the said Article 3 shall be paid out of the National Health Insurance Fund to the Exchequer.

22 Power of the Society to make rules.

22.—The Committee of Management of the Society, with the approval of the Minister, may make rules for the administration of the affairs of the Society, and may revoke or amend any of the existing rules.

PART IV. Amendments of The Unemployment Insurance Acts, 1920 to 1946.

23 Interpretation of Part IV.

23.—(1) In this Part—

the expression “the Acts” means the Unemployment Insurance Acts, 1920 to 1946;

the expression “the Principal Act” means the Unemployment Insurance Act, 1920;

the expression “the Scheme” means The Insurance Industry Unemployment Insurance Scheme established under the Acts.

(2) This Part shall be construed as one with the Acts.

24 Amendment of meaning in the Acts of a continuous period of unemployment and amendment of Article 7 of the Scheme.

24.—(1) For the purposes of the Acts—

(a) any three days (including three days of which one or two is or are before the date of the passing of this Act) of unemployment, whether consecutive or not, within a period of six consecutive days shall be treated as a continuous period of unemployment, and

(b) any such continuous period of unemployment and either another such continuous period, of unemployment or a continuous period of unemployment before the date of the passing of this Act, being separated by a period of not more than twenty weeks, shall be treated as one continuous period of unemployment, and

(c) the expression “continuously unemployed” shall be construed accordingly.

(2) In Article 7 of the Scheme, paragraph (1) (being the paragraph inserted by the Unemployment Insurance (Insurance Industry Special Scheme) Amendment Order, 1942 (S.R. & O., No. 550 of 1942)) shall be deleted and the following paragraph substituted:—

“(1) The conditions for the receipt of out-of-work benefit by a person insured under the Scheme shall be the conditions mentioned in relation to unemployment benefit in section 7 of the Act, as amended by section 10 of the Unemployment Insurance (No. 2) Act, 1921, and by subsection (1) of section 24 of the Social Welfare Act, 1948, and the said section 7 as so amended shall apply for the purposes of the Scheme.”

25 Amendment of First Schedule to the Principal Act and amendment of section 8 of the said Act.

25.—(1) Paragraph (h) of Part II of the First Schedule to the Principal Act is hereby amended by the substitution of the words “five hundred pounds” for the words “two hundred and fifty pounds” where the latter words occur.

(2) Subsection (1) of this section shall come into operation on such day as the Minister shall by order fix for that purpose.