Social Welfare (Insurance) Act 1952

Type Act
Publication 1952-06-14
State In force
articles 123
Reform history JSON API

(4) In particular and without prejudice to the generality of subsection (3) of this section, any reference in this section to assets of a fund includes a reference to any sum (whether or not the amount thereof has been ascertained before the appointed day) which stands payable under any enactment repealed by this Act to that fund immediately before the appointed day, or would, but for the said repeal, become payable to that fund thereafter in relation to any period ending immediately before the appointed day or previously, and, if and in so far as may be necessary for the purpose of ascertaining any such sum on or after the appointed day and of transferring it into the Fund pursuant to this section, the said enactment shall be deemed not to have been repealed.

(5) The recurring liabilities, arising after the appointed day on account of the vesting which was effected by subsection (2) of section 8 of the Social Welfare Act, 1950 (No. 14 of 1950), of the Minister to the Minister for Finance may be discharged by a single payment by way of composition and the amount of the single payment shall be such as may be agreed upon between the Minister and the Minister for Finance.

68 Amendment of certain Acts.

68.—(1) As from the appointed day—

(a) the amendments specified in Part I of the Sixth Schedule shall be made in the Unemployment Assistance Act, 1933 (No. 46 of 1933),

(b) the amendment specified in Part II of the said Schedule shall be made in the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935),

(c) the amendments specified in Part III of the said Schedule shall be made in the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).

(2) In the case of any matter referred or reported, before the appointed day, to any umpire or court of referees in lieu of which provision is made by virtue of this section, any proceedings in relation to that matter shall not be affected by any amendment made by this section, except that, subject to the provisions of any regulations, any continuation of those proceedings, and any further proceedings in relation to that matter, shall be carried out as if the matter had been reported or referred in accordance with the relevant Act as amended by this section.

(3) The person who, immediately before the appointed day, stood appointed as the Umpire for the purposes of the Unemployment Insurance Act, 1920, shall be deemed to have been appointed on the appointed day under subsection (1), as amended by this section, of section 21 of the Unemployment Assistance Act, 1933, to be the Umpire for the purposes of the latter Act.

(4) As from the appointed day, the following provisions shall have effect in relation to subsection (3) of section 5 of the Unemployment Assistance (Amendment) Act, 1938 (No. 2 of 1938):—

(a) if the appointed day is a first day of April, the said subsection shall not apply in relation to the financial year in which the appointed day falls or any subsequent financial year,

(b) if the appointed day is not a first day of April—

(i) the said subsection shall not apply in relation to the financial year next following that in which the appointed day falls or any subsequent financial year,

(ii) as respects the financial year in which the appointed day falls, the said subsection shall be construed as if, in lieu of requiring the transfer to the Minister in that year of three hundred thousand pounds, it required the transfer to the Minister in the portion of that year prior to the appointed day of a sum bearing to three hundred thousand pounds the same proportion as the said portion bears to a year.

(5) As from the appointed day, the following provisions shall have effect in relation to the Social Welfare Act, 1950 (No. 14 of 1950):—

(a) if the appointed day is a first day of April, neither section 15 nor section 16 of that Act shall apply in relation to the financial year in which the appointed day falls or any subsequent financial year,

(b) if the appointed day is not a first day of April—

(i) neither section 15 nor section 16 of that Act shall apply in relation to the financial year next following that in which the appointed day falls or any subsequent financial year,

(ii) section 15 of that Act shall, as respects the financial year in which the appointed day falls, be construed as if, in lieu of deeming the amount expended on administration in that year to be the aggregate of two hundred and fifteen thousand pounds and the sum paid out of the Medical Certification Fund in that year, it deemed the amount so expended in the portion of that year prior to the appointed day to be the aggregate of an amount bearing to two hundred and fifteen thousand pounds the same proportion as the said portion bears to a year and the sum paid out of the Medical Certification Fund in respect of the said portion,

(iii) section 16 of that Act shall, as respects the financial year in which the appointed day falls, be construed as if, in lieu of requiring the payment in that year of two hundred and fifteen thousand pounds, it required the payment in respect of the portion of that year prior to the appointed day of a sum bearing to two hundred and fifteen thousand pounds the same proportion as the said portion bears to a year,

(c) if the appointed day is a first day of January—

(i) section 17 of that Act shall not apply in relation to the financial year next following or any subsequent financial year,

(ii) section 26 of that Act shall not apply in relation to the calendar year in which the appointed day falls or any subsequent calendar year,

(d) if the appointed day is not a first day of January—

(i) section 17 of that Act shall, in relation to the financial year next following the commencement of the calendar year in which the appointed day falls, be construed as if it required the payment of a sum bearing to fifteen thousand pounds the same proportion as the portion of that calendar year prior to the appointed day bears to a year and shall, in relation to any subsequent financial year, not apply,

(ii) section 26 of that Act shall not apply in relation to the calendar year next following that in which the appointed day falls or any subsequent calendar year,

(iii) section 26 of that Act shall, as respects the calendar year in which the appointed day falls, be construed as if, in lieu of requiring the payment in respect of that year of forty-four thousand pounds, it required the payment in respect of the portion of that year prior to the appointed day of a sum bearing to forty-four thousand pounds the same proportion as the said portion bears to a year.

(e) “Fund” in section 21 of that Act shall be construed as referring to the Social Insurance Fund under this Act except, in the case of the first and third occurrence of the word in subsection (3), with respect to payments made under the said section before the appointed day,

(f) the second paragraph (beginning with the words “For the purposes of this subsection”) of subsection (3) of section 21 of that Act shall cease to have effect.

(6) In subsection (5) of this section, a reference to a calendar year shall be construed as a reference to a year ending on a 31st day of December.

69 Power to make further consequential and transitional provisions, etc.

69.—(1) Without prejudice to any specific power conferred by any of the three last foregoing sections, regulations may be made for facilitating their operation or the introduction of the system of insurance established by this Act, including, in particular, regulations providing—

(a) for modifying, as respects the period before the appointed day, any provisions of or made under any enactment repealed or amended by the foregoing provisions of this Part of this Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by this Act.

(2) Any scheme for the provision of pensions or other benefits (excluding any scheme established by any enactment repealed by this Act but including any other scheme established by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified or wound-up in connection with the passing of this Act either—

(a) by agreement between the different parties concerned in such scheme, or

(b) in accordance with regulations made, after consideration of any representations that may be made by the different parties concerned in the scheme, by such Minister as may be determined by the Minister for Finance to be appropriate in relation to the scheme or, if the Minister for Finance determines that there is no appropriate Minister, by the Minister for Industry and Commerce.

70 Special provision for persons formerly insured voluntarily.

70.—Where a person was, immediately before the appointed day, insured voluntarily under the National Insurance Act, 1911, such person shall, on making application in the prescribed manner and within the prescribed period commencing on the appointed day and provided that he has not become an employed contributor, be entitled to become a voluntary contributor.

71 Power to remove difficulties.

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

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

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

72 Appointed day.

72.—(1) In this Act “the appointed day” means, subject to the following provisions of this section, such day as the Minister may by order appoint and different days may be appointed for different purposes of this Act or for the same purpose in relation to different cases or classes of case.

(2) Any order under subsection (1) of this section may, if the day thereby appointed is appointed for some only of the purposes of this Act or in relation only to some cases or classes of case, contain such incidental or supplementary provisions as appear to the Minister to be necessary or expedient as respects the period when this Act is to have a partial operation only, or as respects the transition from that period to the period when this Act is in full operation.

(3) Without prejudice to the generality of subsection (2) of this section, the provisions which may be made thereunder include, in particular, provision for modifying and supplementing, in relation to the period to which the order in question is to apply, the provisions of this Act and (where the repeal or amendment has not yet taken effect) of any Act repealed or amended by this Act; and the modifications of this Act which may be made by such order include provisions limiting the persons to be insured during any period during which this Act is to operate as respects some only of the benefits thereby conferred and reducing the rates of any contributions payable for any such period.

(4) Any such order as is mentioned in this section may be varied or revoked by a subsequent order appointing a day or a different day for the purposes of this Act.

PART VI. Additional Provisions.

Chapter I. General.

73 Act of 1948.

73.—In this Part of this Act, “the Act of 1948” means the Social Welfare Act, 1948 (No. 17 of 1948).

74 Collective citations.

74.—(1) The Old Age Pensions Acts, 1908 to 1951, and Chapter II of this Part of this Act may be cited together as the Old Age Pensions Acts, 1908 to 1952.

(2) The National Health Insurance Acts, 1911 to 1950, and Chapter III of this Part of this Act may be cited together as the National Health Insurance Acts, 1911 to 1952.

(3) The Unemployment Insurance Acts, 1920 to 1948, and Chapter IV of this Part of this Act may be cited together as the Unemployment Insurance Acts, 1920 to 1952.

(4) The Unemployment Assistance Acts, 1933 to 1948, and Chapter V of this Part of this Act may be cited together as the Unemployment Assistance Acts, 1933 to 1952.

(5) The Widows' and Orphans' Pensions Acts, 1935 to 1948, and Chapter VI of this Part of this Act may be cited together as the Widows' and Orphans' Pensions Acts, 1935 to 1952.

75 Overlapping pensions, etc.

75.—(1) Regulations may, with respect to cases in which two or more of the following, that is to say, any benefit, pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the National Health Insurance Acts, 1911 to 1952, the Unemployment Insurance Acts, 1920 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provide for adjusting any benefit, pension, allowance or assistance such as aforesaid (including disallowing payment thereof wholly or partly) that may be payable to such person.

For the purposes of this subsection—

(i) an increase of benefit may be regarded as a separate benefit, and

(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.

(2) Regulations may provide for the recoupment from moneys provided by the Oireachtas to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, or the Children's Allowances Acts, 1944 and 1946, was not received.

Chapter II. Amendments of Old Age Pensions Acts, 1908 to 1951.

76 Interpretation (Chapter II, Part VI).

76.—(1) In this Chapter—

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

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

“the Act of 1951” means the Social Welfare Act, 1951 (No. 16 of 1951);

“the Acts” means the Old Age Pensions Acts, 1908 to 1951;

“pension” means a pension under the Acts.

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

77 Rates of pensions.

77.—(1) As from the 4th day of July, 1952, the rates of 20 shillings, 15 shillings, 10 shillings and 5 shillings set forth in the Table to subsection (1) of section 4 of the Act of 1951 shall each be increased by one shilling and sixpence.

(2) As from the 2nd day of January, 1953, a pension shall, subject to section 13 of the Act of 1948 as amended by this section, be at the rate set forth in the Table to this subsection in lieu of the rate fixed by section 4 of the Act of 1951 as amended by subsection (1) of this section.

TABLE.

Means of Claimant or Pensioner Rate of pension per week
s. d.
Where the yearly means of the claimant or pensioner as duly calculated—
do not exceed £52 10s. 0d. 21 6
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. 16 6
£65 10s. 0d. £78 10s. 0d. 11 6
£78 10s. 0d. £104 15s. 0d. 6 6
£104 15s. 0d. No pension

(3) As from the 2nd day of January, 1953, means of a claimant or pensioner shall, in lieu of being calculated in accordance with the provisions theretofore applicable, be calculated in accordance with the rules contained in the Seventh Schedule to this Act.

(4) As from the 2nd day of January, 1953—

(a) “one hundred and four pounds fifteen shillings” shall be substituted for “sixty-five pounds five shillings” in subsection (1) of section 8 of the Act of 1924, as amended by section 4 of the Act of 1951;

(b) the reference in paragraph (a) of subsection (2) of section 13 of the Act of 1948 to Chapter II of Part II of that Act shall be construed as including a reference to subsection (2) of this section.

78 Review and prospective adjustment of pensions.

78.—(1) In this section—

“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 2nd day of January, 1953;

“the appropriate new weekly rate” means, in relation to an existing pension, a weekly rate which, having regard to subsection (2) of section 77 of this Act, will, if such pension continues to be payable after the 1st day of January, 1953, be applicable to such pension.

(2) Every pension officer shall, as soon as may be after the passing of this Act, proceed to review every existing pension in his area and shall, subject to subsection (3) of this section, adjust, with effect as from the 2nd day of January, 1953, such pension to the appropriate new weekly rate, and such pension, if it continues to be payable after the 1st day of January, 1953, shall, subject to the provisions of the Acts and this Chapter of this Part of this Act, be payable as on and from the 2nd day of January, 1953, at the weekly rate to which it is so adjusted.

(3) (a) 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 subsection (2) of section 77 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.

(b) Where an existing pension is, by virtue of section 13 of the Act of 1948, payable at a rate which equals or exceeds the appropriate new weekly rate, the pension shall not be adjusted under this section.

79 Maximum pension for certain widows.

79.—(1) Where—

(a) a woman is entitled under Part III of this Act to a widow's (contributory) pension immediately before the date on which she attains the age of seventy years, or

(b) a woman, who is over the age of seventy years at the date of the death of her husband, would, if she had been under that age at that date, have become entitled under Part III of this Act to a widow's (contributory) pension,

such woman shall be entitled to a pension at the maximum rate for the time being in force notwithstanding that any of the relevant statutory conditions as to means and residence is not satisfied in her case.

(2) Where, by virtue of this section, a pension would, but for the provisions of section 5 of the Old Age Pensions Act, 1911, as amended by section 4 of the Old Age Pensions Act, 1932 (No. 18 of 1932), be payable to a woman, such pension shall, notwithstanding the said provisions, be payable to such woman if she is resident in any of the countries approved of by the Minister for the purposes of this section.

80 Amendment of statutory condition as to residence.

80.—(1) The Act of 1932 is hereby amended—

(i) by the substitution in subsection (1) of section 2 of the words “fifteen years” for the words “thirty years” and of the words “five years of that period were subsequent to his attaining the age of fifty years, or in the case of any other person five years of that period were a continuous period ending immediately before the date of the application for an old age pension” for the words “six years, or in the case of any other person not less than sixteen years of that period were subsequent to his attaining the age of fifty years,”

(ii) by the substitution in paragraph (c) of section 6 of the words “five years” and “fifteen years” for the words “six years” and “sixteen years” respectively.

(2) Where a woman was, immediately before she attained the age of seventy years, entitled to a widow's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1952, it shall not be necessary for the statutory condition imposed by subsection (1) of section 2 of the Act of 1932, as amended by this section, to be satisfied in her case.

(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.

81 Attainment of age.

81.—(1) For the purposes of the Old Age Pensions Acts, 1908 to 1952, a person shall be deemed not to have attained the age of seventy years until the commencement of the seventieth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Section 1 of the Old Age Pensions Act, 1911, is hereby repealed.

(3) Subsections (1) and (2) of this section shall come into operation on the 2nd day of January, 1953.

82 Saver.

82.—No person, who was immediately before the 2nd day of January, 1953, entitled to a pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if subsections (2) and (3) of section 77 of this Act had not been enacted.

83 Reciprocal arrangements.

83.—The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to pensions, and may by any such order make such adaptations of and modifications in the Old Age Pensions Acts, 1908 to 1952, as he considers necessary.

84 Application of certain provisions of this Act.

84.—Regulations may apply any of the provisions of or made under sections 29 and 43 to 48 of this Act to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.

Chapter III. Amendments of National Health Insurance Acts, 1911 to 1950.

85 Interpretation (Chapter III, Part VI).

85.—(1) In this Chapter, “the Principal Act” means the National Insurance Act, 1911.

(2) This Chapter shall be construed as one with the National Health Insurance Acts, 1911 to 1950.

86 Rates of sickness and disablement benefits.

86.—(1) The ordinary rate of sickness benefit, throughout the whole period of twenty-six weeks, and the rate of disablement benefit, shall be—

(a) the sum of twenty-four shillings a week in the case of a man, single woman or widow or married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or each of two qualified children or for a husband, and

(b) the sum of eighteen shillings a week in the case of any other married woman.

(2) In subsection (1) of section 12 of the National Health Insurance Act, 1918 (as amended by subsection (3) of section 18 of the Act of 1948), the words “eighteen shillings” shall be substituted both for the words “sixteen shillings and sixpence” and for the words “thirteen shillings and sixpence”.

(3) The weekly rate of sickness benefit or disablement benefit shall be increased by twelve shillings in the case of a person to whom paragraph (a) of subsection (1) or subsection (2) of this section relates for any period during which—

(a) such person is living with or wholly or mainly maintaining his wife, or

(b) such person is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity, or

(c) such person, being a single man or widower, is maintaining wholly or mainly a female person over the age of sixteen years having the care of one or more than one qualified child who normally resides or reside with him,

subject to the restriction that such person shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person specified in paragraph (c) of this subsection.

(4) The weekly rate of sickness benefit or disablement benefit shall be increased in the case of a person referred to in paragraph (a) of subsection (1) or subsection (2) of this section by seven shillings in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary.

(5) Section 18 of the Act of 1948 is hereby repealed.

(6) No person who was immediately before the 7th day of July, 1952, entitled to sickness benefit or disablement benefit shall receive less by way of sickness benefit or disablement benefit than he would have received if this section had not been enacted.

(7) Regulations may provide for adjusting any sickness or disablement benefit (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.

(8) There shall be paid into the National Health Insurance Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 7th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(9) Subsections (1) to (8) of this section shall come into operation on the 7th day of July, 1952.

87 Rates of contributions.

87.—(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 subsection, instead of the rates specified in section 16 of the Act of 1948, 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 subsection:

TABLE.

In the case of both men and women 1s. 2d. a week.
To be paid by the employer 7d. a week.
--- ---
To be paid by the employed contributor (man or woman) 7d. a week.

(2) Subsection (1) of section 16 of the Act of 1948 is hereby repealed.

(3) Subsections (1) and (2) of this section shall come into operation on the 6th day of October, 1952.

Chapter IV. Amendments of Unemployment Insurance Acts, 1920 to 1948.

88 Interpretation (Chapter IV, Part VI).

88.—(1) In this Chapter—

“the Acts” means the Unemployment Insurance Acts, 1920 to 1948;

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

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

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

89 Amendment of paragraph 1 of Second Schedule to Principal Act.

89.—(1) In the Second Schedule to the Principal Act, there shall be substituted, for paragraph 1 (inserted by section 26 of the Act of 1948), the following paragraph:—

“1. Unemployment benefit shall be payable in respect of each week of any continuous period of unemployment after the first week of unemployment and shall, in the case of recipients of any class set out in column (2) of the Table to this paragraph at any reference number, be at the weekly rate set out in column (3) of the said Table at that reference number.

TABLE.

Ref. No. Class of recipient. Weekly rate of benefit.
(1) (2) (3)
s. d.
1 Person aged eighteen years or over who is a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled by virtue of the Unemployment Insurance Act, 1922, to an increase for a child or each of two children or for a husband 24 0
2 Any other married woman or any person under the age of eighteen 18 0

(2) There shall be paid into the Unemployment Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 3rd day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 3rd day of July, 1952.

90 Amendment of section 1 of Unemployment Insurance Act, 1922, and paragraph 4 of Second Schedule to Scheme.

90.—(1) Subsection (1) of section 1 of the Unemployment Insurance Act, 1922, shall be construed and have effect—

(a) as if for the words “seven shillings and sixpence” (inserted by section 29 of the Act of 1948), where they occur, there were substituted the words “twelve shillings”, and

(b) as if for the words “two shillings and sixpence” (inserted by section 29 of the Act of 1948) there were substituted the words “seven shillings” and as if after the words “in respect of each such child” there were inserted the words “subject to a maximum of two children”.

(2) Paragraph 4 of the Second Schedule to the Scheme shall be construed and have effect—

(a) as if for the words “seven shillings and sixpence” (inserted by section 29 of the Act of 1948), where they occur, there were substituted the words “twelve shillings”, and

(b) as if for the words “two shillings and sixpence” (inserted by section 29 of the Act of 1948) there were substituted the words “seven shillings” and as if after the words “in respect of each such child” there were inserted the words “subject to a maximum of two children”.

(3) There shall be paid into the Unemployment Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from subsection (1) of this section during the period beginning on the 3rd day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(4) Subsections (1), (2) and (3) of this section shall come into operation on the 3rd day of July, 1952.

91 Alteration of rates of contributions.

91.—(1) The contributions payable under the Acts in respect of employed persons by those persons and by their employers respectively shall, in lieu of the rates fixed by subsection (1) of section 28 of the Act of 1948, be at the respective rates set out in columns (3) and (4) of the Table to this subsection:—

TABLE.

Ref. No. Class of employed person. Weekly rate of contributions.
By the employer By the employed person
(1) (2) (3) (4)
s. d. s. d.
1 Male 1 1 1 1
2 Female 0 9 0 7

(2) Subsection (1) of this section shall come into operation on the 6th day of October, 1952.

92 Cesser.

92.—Section 3 of the Principal Act and paragraph (b) of Part II of the First Schedule thereto, so far as that paragraph relates to male persons, shall cease to have effect as on and from the 6th day of October, 1952.

Chapter V. Amendments of Unemployment Assistance Acts, 1933 to 1948.

93 Interpretation (Chapter V, Part VI).

93.—(1) In this Chapter—

“the Acts” means the Unemployment Assistance Acts, 1933 to 1948;

“the Principal Act” means the Unemployment Assistance Act, 1933 (No. 46 of 1933);

“the Act of 1935” means the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935);

“the Act of 1940” means the Unemployment Assistance (Amendment) Act, 1940 (No. 4 of 1940).

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

94 Amendment of section 10 of Principal Act.

94.—(1) In subsection (3) of section 10 of the Principal Act—

(I) the following paragraph shall be substituted for paragraph (a):—

“(a) that he is at the date of the application resident in the State and has at any time been resident in the State for a continuous period of at least six months;”

(II) the following paragraph shall be substituted for paragraph (c):—

“(c) that his means, calculated in accordance with this Act, do not exceed, in case he is resident in an urban area, ninety-eight pounds and sixteen shillings or, in case he is resident elsewhere in the State, seventy-two pounds and sixteen shillings per annum;”.

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

95 Amendment of section 15 of Principal Act.

95.—(1) In paragraph (e) of subsection (1) of section 15 of the Principal Act (being the paragraph inserted by subsection (1) of section 7 of the Act of 1940), the words “any urban area” shall be substituted for the words “such urban area” in subparagraphs (i), (ii) and (iii).

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

96 Amendment of section 19 of Principal Act.

96.—(1) In paragraph (a) of section 19 of the Principal Act the word “three” shall be substituted for the word “six”.

(2) Subsection (1) of this section shall come into operation on the appointed day.

97 Alteration of rates of unemployment assistance.

97.—(1) In the Principal Act, there shall be substituted as the Schedule thereto, in lieu of the Schedule inserted by subsection (2) of section 32 of the Act of 1948, the following:—

“SCHEDULE.

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable Rate of unemployment assistance applicable to persons resident in any urban area Rate of unemployment assistance applicable to persons resident in any other place
per week per week
s. d. s. d.
Person without a dependant 18 0 12 0
Person with an adult dependant 28 0 20 0
Person with an adult dependant and one child dependant 33 0 24 0
Person with an adult dependant and two or more child dependants 38 0 28 0
Person with one child dependant 23 0 16 0
Person with two or more child dependants 28 0 20 0

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

98 Amendment of section 4 of Act of 1935.

98.—(1) The following subsections shall be substituted for subsection (1) of section 4 of the Act of 1935:—

“(1) During the period beginning on the 25th day of June, 1952, and ending on the day before the day specified by order under subsection (1A) of this section, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or is being maintained wholly or mainly by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the Insurance Industry Unemployment Insurance Scheme established under the Unemployment Insurance Acts, 1920 to 1948, or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit,

(b) in the case of a married woman, her husband if he is prevented by physical or mental infirmity from supporting himself and is being maintained wholly or mainly by her, and

(c) in the case of a widower or an unmarried man, any female person who is residing with him for the purpose of having the care of his child dependants and is being maintained by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the said Insurance Industry Unemployment Insurance Scheme or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of fourteen years and is maintained wholly or mainly at that person's cost or who has attained the age of fourteen years and has not attained the age of sixteen years and is so maintained and is under full-time instruction in a day school;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require.

(1A) On and after such day as the Minister may specify by order under this subsection, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or wholly or mainly maintained by him,

(b) in the case of a married woman, her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and

(c) in the case of a widower or an unmarried man, any female person (being a person who has attained the age of sixteen years) having the care of his child dependants and wholly or mainly maintained by him;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of sixteen years and is ordinarily resident in the State and is not detained in a reformatory or an industrial school and normally resides with that person;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require;

a child becoming adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this subsection) shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person;

any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection.”

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

99 Attainment of age.

99.—(1) For the purposes of the Unemployment Assistance Acts, 1933 to 1952, a person shall be deemed not to have attained the age of eighteen years until the commencement of the eighteenth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Subsection (1) of this section shall come into operation on the appointed day.

100 Residence.

100.—(1) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be deemed to be resident or ordinarily resident in such urban area.

(2) The following are hereby repealed:—

(i) Paragraph (b) of subsection (1) of section 17 of the Principal Act as amended by subsection (1) of section 32 of the Act of 1948,

(ii) sections 33 and 34 of the Act of 1948.

(3) Subsections (1) and (2) of this section shall come into operation on the 25th day of June, 1952.

101 Application of certain provisions of this Act.

101.—Regulations may apply any of the provisions of or made under sections 29 and 41 to 48 of this Act to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.

Chapter VI. Amendments of Widows' and Orphans' Pensions Acts, 1935 to 1948.

102 Interpretation (Chapter VI, Part VI).

102.—(1) In this Chapter—

“the Acts” means the Widows' and Orphans' Pensions Acts, 1935 to 1948;

“the Principal Act” means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).

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

103 Composition and rates of widows' (contributory) pensions.

103.—(1) The following section shall be inserted in the Principal Act in lieu of section 10 (inserted by section 41 of the Act of 1948):—

“10.—(1) A widow's (contributory) pension payable to the widow of an insured person shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:—

TABLE.

Widow, no qualified child Widow, one qualified child Widow, two or more qualified children
(1) (2) (3)
24 shillings 31 shillings 38 shillings

(2) In applying the Table to subsection (1) of this section—

(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) column (1) shall have effect in any other case.

(3) In this Act—

references to a child's (contributory) allowance shall be construed—

(a) in a case in which column (2) of the Table to subsection (1) of this section has effect—as referring to so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),

(b) in a case in which column (3) of the Table to subsection (1) of this section has effect—as referring to each half of so much of the widow's (contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1);

references to a widow's (contributory) allowance shall be construed—

(a) in a case in which column (1) of the Table to subsection (1) of this section has effect—as referring to the whole of the widow's (contributory) pension,

(b) in any other case—as referring to so much of the widow's (contributory) pension as does not consist of any child's (contributory) allowance.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

104 Rates of orphans' (contributory) pensions.

104.—(1) The following section shall be inserted in the Principal Act in lieu of section 12 (inserted by section 42 of the Act of 1948):—

“12. An orphan's (contributory) pension shall be at the rate of ten shillings a week.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 5th day of October, 1952, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

105 Composition and rates of widows' (non-contributory) pensions.

105.—(1) The following section shall be inserted in the Principal Act in lieu of section 20 (inserted by section 48 of the Act of 1948):—

“20.—(1) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—

(a) as respects the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953—at the rate set forth in Table A to this subsection, and

(b) as on and from the 2nd day of January, 1953—at the rate set forth in Table B to this subsection.

TABLE A.

Widow, no qualified child Widow, one qualified child Widow, two or more qualified children
(1) (2) (3)
20 shillings 26 shillings 32 shillings

TABLE B.

Weekly rates
Means of Widow Widow, no qualified child Widow, one qualified child Widow, two or more qualified children
(1) (2) (3) (4)
shillings shillings shillings
Where the yearly means of the widow as duly calculated—
do not exceed £52 10s. 0d. 20 26 32
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. 15 21 27
£65 10s. 0d. £78 10s. 0d. 10 16 22
£78 10s. 0d. £104 15s. 0d. 5 11 17
£104 15s. 0d. £117 15s. 0d. No pension 6 12
£117 15s. 0d. £130 15s. 0d. No pension No pension 6
£130 15s. 0d. No pension No pension No pension

(2) Means of a widow shall, on and after the 2nd day of January, 1953, be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.

(3) In applying Table A to subsection (1) of this section—

(a) column (2) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) column (3) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) column (1) shall have effect in any other case.

(4) In applying Table B to subsection (1) of this section—

(a) columns (1) and (3) shall have effect in case there is one qualified child (and not more) who normally resides with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband,

(b) columns (1) and (4) shall have effect in case there are two or more qualified children who normally reside with the widow and who—

(i) normally resided with her or the husband immediately before the death of the husband, or

(ii) being children or step-children of the husband, became normally resident with her subsequent to the death of the husband,

(c) columns (1) and (2) shall have effect in any other case.

(5) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 5th day of July, 1952, and ending on the 4th day of October, 1952, by the widow of a man who died before the 4th day of July, 1952, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 4th day of July, 1952.

(6) Where a claim for a widow's (non-contributory) pension is made during the period beginning on the 3rd day of January, 1953, and ending on the 2nd day of April, 1953, by the widow of a man who died before the 2nd day of January, 1953, and the claim is made after the expiration of three months after the death of the man, the pension, if granted, shall commence to accrue on the 2nd day of January, 1953.

(7) In this Act—

references to a child's (non-contributory) allowance shall be construed—

(a) in a case in which column (2) of Table A to subsection (1) of this section has effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (2) over the amount specified in column (1),

(b) in a case in which column (3) of Table A to subsection (1) of this section has effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the amount specified in column (3) over the amount specified in column (1),

(c) in a case in which columns (1) and (3) of Table B to subsection (1) of this section have effect—as referring to so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (3) over the corresponding amount (including any nil amount) specified in column (2),

(d) in a case in which columns (1) and (4) of Table B to subsection (1) of this section have effect—as referring to each half of so much of the widow's (non-contributory) pension as consists of the excess of the appropriate amount specified in column (4) over the corresponding amount (including any nil amount) specified in column (2);

references to a widow's (non-contributory) allowance shall be construed—

(a) in a case in which column (1) of Table A or columns (1) and (2) of Table B to subsection (1) of this section have effect—as referring to the whole of the widow's (non-contributory) pension,

(b) in any other case—as referring to so much (if any) of the widow's (non-contributory) pension as does not consist of any child's (non-contributory) allowance.”

(2) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(3) Subsections (1) and (2) of this section shall come into operation on the 4th day of July, 1952.

106 Rates of orphans' (non-contributory) pensions.

106.—(1) The following section shall be inserted in the Principal Act in lieu of section 25 (inserted by section 53 of the Act of 1948):—

“25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection:

TABLE.

Means of orphan Weekly rates
Where the yearly means of the orphan as duly calculated— s. d.
do not exceed £6 12s. 6d. 10 0
exceed £6 12s. 6d. but do not exceed £13 2s. 6d. 7 6
£13 2s. 6d. £19 12s. 6d. 5 0
£19 12s. 6d. £26 5s. 0d. 2 6
£26 5s. 0d. No pension

(2) Means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952.

(3) There shall be paid into the Widows' and Orphans' Pensions Fund out of moneys provided by the Oireachtas such amount as, in the opinion of the Minister and of the Minister for Finance, is necessary to meet the additional expenditure resulting from this section during the period beginning on the 4th day of July, 1952, and ending on the 1st day of January, 1953, and the said amount shall be so paid in such manner and at such times as the Minister for Finance may determine.

(4) Subsections (1), (2) and (3) of this section shall come into operation on the 4th day of July, 1952.

107 Amendment of section 38 of and Second Schedule to Principal Act.

107.—(1) Subsection (1) of section 38 of the Principal Act is hereby amended by the deletion of—

(i) the words “subject to the provisions of paragraph (b) of this subsection”,

(ii) the words “Part I of” in paragraph (a),

(iii) the word “and” at the end of paragraph (a), and

(iv) paragraph (b).

(2) Subsection (3) of section 38 of the Principal Act is hereby amended by the deletion of—

(i) the words “or wholly by the employer”,

(ii) the words “Part of the”, and

(iii) the words “applicable to the case”.

(3) There shall be inserted in the Principal Act in lieu of the Second Schedule (inserted by section 45 of the Act of 1948) thereto the following:—

“SECOND SCHEDULE.

Rate of Contribution per week Payable in case of employed persons
By the employer By the employed person
s. d. s. d. s. d.
Contributions in the case of men 1 4 0 8 0 8
Contributions in the case of women 0 10 0 8 0 2

(4) Subsections (1), (2) and (3) of this section shall come into operation on the 6th day of October, 1952.

108 Amendment of section 40 of Principal Act.

108.—(1) In subsection (1) of section 40 of the Principal Act the words “one shilling and four pence” shall be inserted in lieu of the words “eleven pence and one half-penny” (inserted by section 46 of the Act of 1948).

(2) In subsection (3) of section 40 of the Principal Act, the words “eight pence” shall be inserted in lieu of the word “six-pence” (inserted by section 46 of the Act of 1948).

(3) Subsections (1) and 2) of this section shall come into operation on the 6th day of October, 1952.

109 Amendment of section 3 of Principal Act.

109.—(1) The following section shall be inserted in the Principal Act in lieu of section 3:—

“3. (1) In this Act and in the Seventh Schedule to the Social Welfare Act, 1952, as applied by the Act—

‘orphan’ means—

(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or

(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband;

‘qualified child’ means a person who—

(a) is under the age of sixteen years,

(b) is ordinarily resident in the State, and

(c) is not detained in a reformatory or an industrial school;

‘the husband’, in relation to a woman who has been married more than once, refers only to her last husband.

(2) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this section), for the purposes of this Act—

(a) the child shall thereafter be treated as if he were the the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and

(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of ‘orphan’ contained in subsection (1) of this section, ‘the parent of whom is dead’ shall be substituted in paragraph (a) of that definition for ‘both of whose parents are dead’.

(3) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act and of the Seventh Schedule to the Social Welfare Act, 1952, as applied by this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection, but no qualified child in respect of whom, on the 3rd day of July, 1952, an allowance was payable under this Act shall be considered as not satisfying the requirements as to normal residence.

(4) Where a child would be a qualified child but for being ordinarily resident in an appointed country, he shall be treated, for the purposes of Part II of this Act, as if he were a qualified child.”

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

110 Amendment of section 11 of Principal Act.

110.—(1) Section 11 of the Principal Act is hereby amended by the deletion of paragraph (b).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

111 Amendment of section 14 of Principal Act.

111.—(1) Section 14 of the Principal Act, as amended by section 10 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), is hereby further amended—

(a) by the deletion in subsection (1) of the words “So much (if any) of” and of the words “as consists of the widow's (contributory) allowance” and by the substitution in that subsection of the words “the said pension” for the words “the said widow's (contributory) allowance”, and

(b) by the deletion of subsection (2).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

112 Amendment of section 21 of Principal Act.

112.—(1) Section 21 of the Principal Act (as inserted by section 49 of the Act of 1948) is hereby amended by the deletion of the words “of such man” and by the substitution of the words “who is a qualified child normally residing with her and who normally resided with her or the husband immediately before the death of the husband or, being a child or step-child of the husband, became normally resident with her subsequent to the death of the husband” for the words “under the appointed age”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

113 Amendment of section 23 of Principal Act.

113.—(1) Section 23 of the Principal Act, as amended by section 15 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 51 of the Act of 1948, is hereby further amended—

(a) by the deletion of subsections (1) and (2), and

(b) by the deletion in subsection (4) of the words “net weekly” and the substitution in that subsection of the words “section 20 of this Act (inserted by section 105 of the Social Welfare Act, 1952)” for the words “this section”.

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.

114 Amendment of section 24 of Principal Act.

114.—(1) Section 24 of the Principal Act (as inserted by section 52 of the Act of 1948) is hereby amended by the deletion of the words “who is for the time being under the appointed age”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

115 Amendment of section 26 of Principal Act.

115.—(1) Section 26 of the Principal Act, as amended by section 17 of the Widows' and Orphans' Pensions Act, 1937 (No. 11 of 1937), and section 54 of the Act of 1948, is hereby further amended—

(a) by the deletion of subsections (1) and (2), and

(b) by the deletion in subsection (5) of the words “net weekly” and the substitution in that subsection of the words “section 25 of this Act (inserted by section 106 of the Social Welfare Act, 1952)” for the words “this section”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

116 Cesser of section 28 of Principal Act.

116.—Section 28 of the Principal Act shall cease to have effect as on and from the 4th day of July, 1952.

117 Amendment of section 30 of Principal Act.

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

(a) by the substitution in subsection (1) of the words “so much of a widow's pension as consists of the widow's (contributory) allowance or the widow's (non-contributory) allowance”, for the words “a widow's pension,” and

(b) by the substitution in subsection (2) of the words “a widow's pension” for paragraphs (a) and (b).

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

118 Amendment of section 33 of Principal Act.

118.—(1) Section 33 of the Principal Act is hereby amended by the insertion in subsection (3) of the following paragraph after paragraph (a):—

“(aa) in the case of a widow's (non-contributory) pension which does not include the widow's (non-contributory) allowance that any child's (non-contributory) allowance which is included in such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such child's (non-contributory) allowance is payable, or”.

(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952.

119 Saver.

119.—(1) No person, who was immediately before the 4th day of July, 1952, entitled to a widow's (contributory), orphan's (contributory), widow's (non-contributory) or orphan's (non-contributory) pension shall, on or after the 4th day of July, 1952, receive less by way of such pension than such person would have received if sections 103, 104, 105, 106, 110, 110, 111, 112, 114 and 117 of this Act had not been enacted.

(2) No person, who was immediately before the 2nd day of January, 1953, entitled to a widow's (non-contributory) pension, shall, on or after the 2nd day of January, 1953, receive less by way of such pension than such person would have received if section 105 of this Act had not been enacted.

120 Attainment of age.

120.—(1) For the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1952, a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Subsection (1) of this section shall come into operation on the 2nd day of January, 1953.

121 Application of certain provisions of this Act.

121.—Regulations may apply any of the provisions of or made under sections 29, 31 and 41 to 48 of this Act to widows' and orphans' (non-contributory) pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.

Chapter VII. Amendment of Insurance (Intermittent Unemployment) Act, 1942.

122 Amendment of Insurance (Intermittent Unemployment) Act, 1942.

122.—(1) The Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), is hereby amended as follows:—

(i) the following paragraph shall be substituted for paragraph (a) of section 24:—

“(a) payment of weekly contributions by means of adhesive stamps (in this Act referred to as supplementary insurance stamps) affixed to books or cards (in this Act respectively referred to as supplementary unemployment books and supplementary unemployment cards) or otherwise, and for regulating the manner, times, and conditions in, at, and under which supplementary insurance stamps are to be affixed or payments are otherwise to be made”;

(ii) the following provision shall be inserted at the end of section 24:—

“Regulations under this section providing for the payment of weekly contributions, at the option of the persons liable to pay, either—

(a) by means of supplementary insurance stamps, or

(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of supplementary insurance stamps,

may, with the consent of the Minister for Finance, include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees. The Public Offices Fees Act, 1879, shall not apply in respect of the said fees and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.”

(iii) in subsection (3) of section 43 the words “or otherwise” shall be inserted after the words “his supplementary unemployment book”,

(iv) in paragraph (a) of subsection (3) of section 52 the words “in the opinion of the Minister” shall be inserted after the word “sufficient” and the words “to the knowledge” shall be substituted for the words “into the possession or procurement”.

(2) Subsection (1) of this section shall come into operation on the appointed day.

123 Application of certain provisions of this Act.

123.—Regulations may apply any of the provisions of or made under sections 29 and 41 to 48 of this Act to insurance against intermittent unemployment under the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Insurance (Intermittent Unemployment) Act, 1942.

FIRST SCHEDULE. Employments and Excepted Employments.

Part I. Employments.

1.

Employment in the State under any contract of service or apprenticeship, written or oral, whether expressed or implied, and whether the employed person is paid by the employer or some other person, and whether under one or more employers, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment.

2.

Employment under such a contract as aforesaid—

(i) as master or a member of the crew of—

(I) any ship registered in the State, or

(II) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or

(ii) as captain or a member of the crew of—

(I) any aircraft registered in the State, or

(II) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

3.

(a) Employment in the civil service of the Government.

(b) Employment such that the service therein of the employed person is, or is capable of being, deemed under section 24 of the Superannuation Act, 1936 (No. 39 of 1936), to be service in the civil service of the Government.

4.

Employment as a member of the Defence Forces.

5.

Employment under any local or other public authority.

6.

Employment as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel.

7.

Employment as an outworker, that is to say, a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person.

Part II. Excepted Employments.

1.

Employment at a rate of remuneration exceeding in value six hundred pounds a year, or in cases where such employment involves part-time service only, at a rate of remuneration which is equivalent to a rate of remuneration exceeding six hundred pounds a year for whole-time service.

2.

Employment in the service of the husband or wife of the employed person.

3.

Employment of a casual nature otherwise than for the purposes of the employer's trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club.

4.

Employment by a prescribed relative of the employed person, being either employment in the common home of the employer and the employed person or employment specified by regulations as corresponding to employment in the common home of the employer and the employed person.

5.

Employment specified in regulations as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.

6.

Employment specified in regulations as being of inconsiderable extent.

SECOND SCHEDULE. Rates of Employment Contributions.

1.

Except in the cases referred to in paragraphs 2 and 3 of this Schedule, there shall be ordinary rate employment contributions as follows:

(a) payable by the employed contributor: 2s. 4d. in the case of a male employed contributor and 1s. 4d. in the case of a female employed contributor.
(b) payable by the employer: 2s. 4d. in the case of a male employed contributor and 2s. 0d. in the case of a female employed contributor.
2.

In case the employment is of a male employed contributor and is mainly in agriculture, there shall be special rate employment contributions as follows:

(a) payable by the employed contributor: 1s.3d.
(b) payable by the employer: 1s.3d.
3.

In case the employment is of a female employed contributor and is mainly in agriculture or domestic service, there shall be special rate employment contributions as follows:

(a) payable by the employed contributor: 9d.
(b) payable by the employer: 1s.3d.

THIRD SCHEDULE. Rate or Amount of Benefit.

Part I. Rates of periodical benefits and of increases thereof.

Description of benefit. Weekly rate. Increase for adult dependant (where payable). Increase for qualified child or for each of two qualified children (where payable).
(1) (2) (3) (4)
shillings. shillings. shillings.
1. Disability Benefit and Unemployment Benefit:
(a) in the case of persons over the age of eighteen—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or married woman entitled to an increase for a qualified child or each of two qualified children or for a husband 24 12 7
(ii) for any other married woman 18
(b) in the case of persons under the age of eighteen—
where the person is entitled to an increase for a qualified child or each of two qualified children or for an adult dependant 24 12 7
where the person is not so entitled 18
2. Maternity Allowance 24
3. Widow's (contributory) Pension 24 7
4. Orphan's (contributory) Allowance 10

Part II. Amount of grants.

Description of grant Amount
(1) (2)
Pounds
1. Marriage Grant 10
2. Maternity Grant 2

FOURTH SCHEDULE. Contribution Conditions.

1.

Disability benefit or unemployment benefit.

The contribution conditions for disability benefit or unemployment benefit are:—

(a) that not less than twenty-six employment contributions have been paid in respect of the claimant in respect of the period between the claimant's entry into insurance and the day for which the benefit is claimed, and

(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed,

but, as respects unemployment benefit, employment contributions under paragraph 3 of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of each of the foregoing conditions the number of employment contributions which have been paid in respect of the claimant.

2.

Marriage benefit.

The contribution conditions for marriage benefit are—

(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the claimant in respect of the period beginning with her entry into insurance and ending immediately before the date of her marriage, and

(b) that not less than fifty employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the date of her marriage.

3.

Maternity benefit.

(a) Maternity grant.

The contribution conditions for a maternity grant are—

(i) that not less than twenty-six employment contributions have been paid in respect of the relevant person in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and

(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to that person in respect of the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.

In this subparagraph, “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement, or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age.

(b) Maternity allowance.

The contribution conditions for maternity allowance are—

(i) that not less than twenty-six employment contributions have been paid in respect of the claimant before the relevant time, and

(ii) that not less than twenty-six employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the relevant time.

In this subparagraph, “relevant time” means the date of commencement of the sixth week before the end of the expected week of confinement.

4.

Widow's (contributory) pension.

The contribution conditions for a widow's (contributory) pension are—

(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance, the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).

In this paragraph, “relevant time” means the date of the husband's attaining pensionable age or dying under that age or, if the conditions are being satisfied on the widow's insurance record, the date of the husband's death.

5.

Orphan's (contributory) allowance.

The contribution condition for an orphan's (contributory) allowance is that not less than twenty-six employment contributions have been paid in respect of one of the following persons:—

(a) a parent of the orphan,

(b) a step-parent of the orphan.

FIFTH SCHEDULE. Enactments Repealed.

Session and Chapter or Number and Year Short title Extent of Repeal
(1) (2) (3)
1 & 2 Geo. V, c. 55. National Insurance Act, 1911. The whole Act.
3 & 4 Geo. V, c. 37. National Insurance Act, 1913. The whole Act.
5 & 6 Geo. V, c. 29. National Insurance (Part I Amendment) Act, 1915. The whole Act.
7 & 8 Geo. V, c. 15. National Insurance (Part I Amendment) Act, 1917. The whole Act.
7 & 8 Geo. V, c. 62. National Health Insurance Act, 1918. The whole Act.
9 & 10 Geo. V, c. 36. National Health Insurance Act, 1919. The whole Act.
10 & 11 Geo. V, c. 10. National Health Insurance Act, 1920. The whole Act.
10 & 11 Geo. V, c. 30. Unemployment Insurance Act, 1920. The whole Act.
11 & 12 Geo. V, c. 1. Unemployment Insurance Act, 1921. The whole Act.
11 & 12 Geo. V, c. 15. Unemployment Insurance (No. 2) Act, 1921. The whole Act.
12 & 13 Geo. V, c. 7. Unemployment Insurance Act, 1922. The whole Act.
No. 17 of 1923. Unemployment Insurance Act, 1923. The whole Act.
No. 20 of 1923. National Health Insurance Act, 1923. The whole Act.
No. 26 of 1924. Unemployment Insurance Act, 1924. The whole Act.
No. 30 of 1924. National Health Insurance Act, 1924. The whole Act.
No. 59 of 1924. Unemployment Insurance (No. 2) Act, 1924. The whole Act.
No. 21 of 1926. Unemployment Insurance Act, 1926. The whole Act.
No. 42 of 1929. National Health Insurance Act, 1929. The whole Act.
No. 33 of 1930. Unemployment Insurance Act, 1930. The whole Act.
No. 13 of 1933. National Health Insurance Act, 1933. The whole Act.
No. 44 of 1933. Unemployment Insurance Act, 1933. The whole Act.
No. 29 of 1935. Widows' and Orphans' Pensions Act, 1935. Sections 5, 9, 11, 38, 40 to 42 and 66 to 75.
No. 12 of 1936. National Health Insurance and Widows' and Orphans' Pensions Act, 1936. Part II.
No. 3 of 1941. Unemployment Insurance Act, 1941. The whole Act.
No. 5 of 1942. National Health Insurance Act, 1942. The whole Act.
No. 20 of 1943. Unemployment Insurance Act, 1943. The whole Act.
No. 23 of 1945. Unemployment Insurance Act, 1945. The whole Act.
No. 37 of 1946. Unemployment Insurance Act, 1946. The whole Act.
No. 9 of 1947. National Health Insurance Act, 1947. The whole Act.
No. 17 of 1948. Social Welfare Act, 1948. Part III and Part IV.

SIXTH SCHEDULE. Amendments of Certain Enactments.

Part I. Amendments of Unemployment Assistance Act, 1933 (No. 46 of 1933).

1.

The following paragraph shall be substituted for paragraph (f) of subsection (3) of section 10 and for paragraph (f) of subsection (1) of section 15:—

“(f) in the case of a widow or spinster who has no dependant, that not less than fifty-two contributions have been paid in respect of her during the appropriate period.

Each of the following and no other shall be a contribution for the purposes of this paragraph:—

(i) a contribution under the Unemployment Insurance Acts, 1920 to 1952,

(ii) an employment contribution at the ordinary rate under the Social Welfare Act, 1952.

In this paragraph, the expression ‘the appropriate period’ means—

(I) in case the date of the relevant application falls in the first, second, third or fourth contribution year under the Social Welfare Act, 1952—the period of four years ending immediately before that contribution year, and

(II) in any other case—the period of four contribution years under that Act ending immediately before the contribution year under that Act in which the date of the application falls.”

2.

The following subparagraph shall be added after subparagraph (vi) of paragraph (b) of subsection (1) of section 13:—

“(vii) any moneys received by way of disability benefit, unemployment benefit, marriage benefit or maternity benefit under the Social Welfare Act, 1952.”

3.

The following subsections shall be substituted for subsections (1) and (2) of section 21:—

“(1) The Umpire for the purposes of this Act shall be a person appointed in that behalf by the Minister.

(2) The remuneration of the Umpire shall be determined by the Minister for Finance.

(2A) Regulations made by the Minister under this Act may provide for the appointment by the Minister of a person to act in the place of the Umpire in the case of the unavoidable absence or incapacity of the Umpire.

(2B) A court of referees for the purposes of this Act shall consist of one or more members chosen to represent employers, with an equal number of members chosen to represent persons insured under the Social Welfare Act, 1952, and a chairman appointed by the Minister.

(2C) Regulations made by the Minister under this Act may provide that any application or question which is reported or referred to a court of referees may, with the consent of the applicant or the person or association in whose case the question arises, but not otherwise, be proceeded with in the absence of any member or members of the court other than the chairman, and in any such case the court shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman shall, if the number of the members is an even number, have a second or casting vote.

(2D) Panels of persons chosen to represent employers and persons insured under the Social Welfare Act, 1952, respectively shall be constituted by the Minister for such districts and such trades or groups of trades as the Minister may think fit, and the members of a court of referees to be chosen to represent employers and persons insured under the Social Welfare Act, 1952, shall be selected from those panels in the prescribed manner.

(2E) Subject as aforesaid, the constitution of courts of referees shall be determined by regulations under this Act.

(2F) The Minister may pay such remuneration to the chairman and other members of a court of referees, and such travelling and other allowances (including, subject as hereinafter provided, compensation for loss of remunerative time) to any such chairman or members or to any persons required to attend before any such court, and such other expenses in connection with any referees, as the Minister with the sanction of the Minister for Finance determines:

Provided that compensation for loss of time shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this section.”

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