SOCIAL WELFARE ACT, 1952

• (c) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Act on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined;

• (d) to exercise such other powers as may be necessary for carrying this Act into effect.

• (3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person in insurable employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.

• (4) If any person—

• (a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or

• (b) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this section, or

• (c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, but no one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself.

• (5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Act shall, if so required, produce the said certificate.

• (6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed in insurable employment.

• (7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, some other Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister, and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section.

50 Birth, marriage and death certificates.

50.—(1) Where, for the purposes of this Act, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage, or death, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and, on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth, marriage, or death (as the case may be) of that person in the register of births, marriages, or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and deaths, and by every superintendent registrar or other person having the custody of the register.

• (2) The Minister for Health may, with the consent of the Minister and of the Minister for Finance, by regulations appoint fees for the purposes of this section and different fees may be appointed for different certificates.

51 Exemption from stamp duty.

51.—Stamp duty shall not be chargeable on any cheque, pay order, or other document by which a payment of any benefit or of any refund, repayment or return pursuant to this Act is made, nor on any receipt given for any such payment.

Legal Proceedings.

52 General provisions as to offences.

52.—(1) If any person—

• (a) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp, or

• (b) affixes any used insurance stamp to any insurance card, or

• (c) for the purpose of obtaining any benefit or other payment under this Act, whether for himself or some other person, or for any purpose connected with this Act—

• (i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

• (ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

• (2) Where a person aids, abets, counsels, or procures an employee of his to commit any offence referred to in paragraph (c) of subsection (1) of this section, or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

• (3) If any employer fails to pay any employment contribution which he is liable under this Act to pay or deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, such employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (4) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the recovery on summary conviction of such offences of fines not exceeding specified amounts not exceeding ten pounds, together with, in the case of continuing offences, further such fines in respect of each of the days on which the offences are continued.

• (5) In any proceedings under subsection (1) of this section with respect to used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way whatsoever and whether it has actually been used for the purpose of payment of a contribution or not.

• (6) Nothing in this section or in any regulations pursuant thereto shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Fund.

53 General provisions as to prosecutions.

53.—(1) Proceedings for an offence under this Act or under regulations shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

• (2) A prosecution for an offence under this Act or regulations may be brought at the suit of the Minister.

• (3) Notwithstanding any provision in any Act specifying the period within which summary proceedings may be commenced, proceedings in respect of an offence under this Act or under regulations may be commenced at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires.

• (4) For the purposes of subsection (3) of this section, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

• (5) In any proceedings for an offence under this Act or regulations, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against the said person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the said person.

54 Recovery of sums due to the Fund by civil proceedings.

54.—All sums due to the Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

55 Application of Probation of Offenders Act, 1907.

55.—Where—

• (a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and

• (b) the Court proposes to make an order under subsection (1) of section 1 of the Probation of Offenders Act, 1907,

the Court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.

56 Certificate of decision by deciding officer or appeals officer.

56.—A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of the said decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

57 Effect of decision under the Act.

57.—In any proceedings for an offence under this Act or regulations or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

• (a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and

• (b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under the foregoing paragraph, the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

58 Priority of employment contributions in winding up and bankruptcy.

58.—(1) There shall be included among the debts which, under section 209 of the Companies (Consolidation) Act, 1908, are, in the distribution of the assets of a company being wound up to be paid in priority to all other debts, all employment contributions payable by the Company during the four months before the commencement of the winding up or the winding-up order, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

• (2) Subsection (1) of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.

• (3) There shall be included among the debts which, under section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all employment contributions payable by the bankrupt or arranging debtor during the four months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under the said Act.

59 Married woman.

59.—A married woman shall, with respect to employment contributions—

• (a) be capable of suing and being sued (including suing and being sued under section 35 of this Act), and

• (b) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were unmarried.

PART V. Miscellaneous.

60 Grants to funds of superannuation schemes.

60.—(1) Regulations may provide that where, in the case of any group of employed persons—

• (a) such persons are employed by the same person or are members of a trade union within the meaning of the Trade Union Acts, 1871 to 1949,

• (b) such persons either are insured persons or would be insured persons but for regulations made for the purposes of paragraph (a) of subsection (5) of section 4 of this Act, and

• (c) a superannuation scheme in a form approved of by the Minister has been set up for the benefit of such group,

the Minister may make grants to the funds of the superannuation scheme.

• (2) Grants made pursuant to regulations for the purposes of this section and any expenses incurred by the Minister in carrying such regulations into effect shall be paid out of moneys provided by the Oireachtas and section 40 of this Act shall not apply in relation to such grants or expenses.

61 Widows' and orphans' (non-contributory) pensions.

61.—(1) Payments made on or after the appointed day in respect of a widow's (non-contributory) pension or an orphan's (non-contributory) pension under the Widows' and Orphans' Pensions Acts, 1935 to 1952, shall be made out of moneys provided by the Oireachtas.

• (2) Where, as respects a widow's (non-contributory) pension which is payable under the Widows' and Orphans' Pensions Acts, 1935 to 1952, and which includes an allowance in respect of children, the day from which the pension becomes payable is, or is after, the appointed day, the rate of the pension shall not exceed thirty-two shillings per week.

• (3) In the application of section 55 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), in relation to any period beginning on or after the appointed day, the reference in subsection (1) of that section to the Widows' and Orphans' Pensions Fund shall be construed as a reference to moneys provided by the Oireachtas.

• (4) In the application of subsection (1) of section 56 of the Widows' and Orphans' Pensions Act, 1935, in relation to any period beginning on or after the appointed day, that subsection shall be construed as if the words “and shall, in such case, pay to the Minister for Industry and Commerce out of the Widows' and Orphans' Pensions Fund a sum equal to the amount by which the arrears are so reduced” were omitted.

• (5) In the application of subsection (3) of section 57 of the Widows' and Orphans' Pensions Act, 1935, to any sum repaid or recovered under that section in respect of any period beginning on or after the appointed day, that subsection shall be construed as if the words “or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct” were substituted for the words “the Widows' and Orphans' Pensions Fund”.

62 Provisions in respect of home assistance to beneficiaries.

62.—In granting home assistance to a person in receipt of or entitled to any benefit consisting of a periodical payment, a public assistance authority shall not take into consideration any such benefit payable, except so far as such benefit exceeds ten shillings per week.

63 Application of Pension Books (Prohibition of Alienation) Act, 1932.

63.—Every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication on such document and subsequent to the issue of such document any benefit under this Act is payable to such person shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said last-mentioned Act applies, and the said last-mentioned Act shall be construed and have effect accordingly.

64 Reciprocal arrangements.

64.—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 insurance under this Act, and may by any such order make such adaptations of and modifications in this Act as he considers necessary.

65 Incorporated Insurance Industry Unemployment Insurance Board.

65.—(1) The Insurance Industry Unemployment Insurance Scheme (Board of Management) Order, 1923, and the Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923, are hereby revoked as on and from the appointed day.

• (2) The Minister may do all such things as he considers necessary or expedient for the purpose of winding up the affairs of the Incorporated Insurance Industry Unemployment Insurance Board.

66 Termination and repeal of existing insurance codes and continuity of insurance and benefit.

66.—(1) No person shall on or after the appointed day be insured or deemed to be or treated as insured—

• (a) under the National Insurance Act, 1911, or

• (b) under the Unemployment Insurance Act, 1920, or any scheme under that Act, or

• (c) under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935),

and accordingly, subject to the following provisions of this Act, the enactments set out in the Fifth Schedule to this Act as from that day are hereby repealed to the extent mentioned in the third column of that Schedule.

• (2) Subject as aforesaid, the foregoing provisions of this Act shall, in relation to—

• (a) persons (hereinafter in this Act referred to as existing contributors) who within the prescribed time before the appointed day are so insured or deemed to be or treated as so insured, and

• (b) persons (hereinafter so referred to as existing beneficiaries)—

• (i) to or in respect of whom immediately before that day any benefit, pension or allowance is, or would but for any disqualification be, payable under or by virtue of the enactments repealed by this Act, or

• (ii) who then have, otherwise than as existing contributors or in respect of the insurance of existing contributors, any prospective right to or expectation of any benefit, pension or allowance under or by virtue of those enactments,

have effect with such modifications, additions and exceptions as may be prescribed for securing the continuity of this Act with those enactments or otherwise for the preservation of rights conferred under or by virtue of those enactments.

• (3) Regulations under subsection (2) of this section shall, in particular, provide—

• (a) as respects existing contributors, for modifying the conditions for receipt of benefit under this Act, whether by an existing contributor or in respect of his insurance by another, so as to take into account, for such purposes (including the purposes of all or some only of the benefits under this Act) and in such manner and subject to such conditions as may be prescribed, contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder,

• (b) as respects existing beneficiaries, either—

• (i) for substituting for any right to benefit, pension or allowance payable under or by virtue of the said enactments a right to such benefit under this Act as may be prescribed as corresponding thereto, or

• (ii) for preserving any such right and giving effect thereto (whether under this Act or by continuing in whole or in part the operation of the said enactments in relation thereto),

but in any case subject to such (if any) modifications, exceptions and additions as appear to the Minister to be appropriate.

67 Transfers to the Fund in certain cases.

67.—(1) On the appointed day, all assets of any fund to which this section applies shall become assets of the Fund and all liabilities of such fund shall become liabilities of the Fund.

• (2) For the purposes of subsection (1) of this section, the following provisions shall have effect—

• (a) all assets of any fund to which this section applies being investments (including moneys in any investment account) held on behalf of such fund shall, on the appointed day, become transferred by virtue of this section to the investment account of the Fund,

• (b) all assets of any fund to which this section applies (other than those transferred by the foregoing paragraph) which are capable of being transferred to the current account of the Fund shall, on the appointed day, become so transferred,

• (c) all other assets of any fund to which this section applies shall, on and after the appointed day, be held by the Minister on behalf of the Fund,

• (d) any investment transferred by paragraph (a) of this subsection which is standing in the books of any bank, corporation or company in the name of any person other than the Minister for Finance shall, upon the request of that Minister, be transferred in such books into the name of that Minister,

• (e) any asset transferred by paragraph (b) of this subsection which is standing in the books of any bank, corporation or company in the name of any person other than the Minister shall, upon the request of the Minister, be transferred in such books into the name of the Minister,

• (f) where any chose-in-action becomes under this section an asset of the Fund, it shall not be necessary to give notice of anything effected by this section to the person bound by such chose-in-action.

• (3) In this section—

“assets” includes all property, whether real or personal (including choses-in-action);

“fund to which this section applies” means—

• (a) any fund established under any enactment repealed by this Act, or

• (b) the Pensions Investment Account under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), or

• (c) the Insurance Fund under the Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923.

• (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.

Rate of Pension.

Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Means of Claimant or Pensioner	Rate of pension per week	Rate of pension per week
												s.	d.
Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—	Where the yearly means of the claimant or pensioner as duly calculated—
do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	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	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.

Rates of Contributions in Respect of Employed Contributors.

In the case of both men and women	1s. 2d. a week.

Contributions by Employers and Employed Contributors.

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.	Weekly rate of benefit.
(1)	(2)	(3)	(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.

Weekly rates of contributions payable by employed persons and employers.

Ref. No.	Class of employed person.	Weekly rate of contributions.	Weekly rate of contributions.	Weekly rate of contributions.	Weekly rate of contributions.
		By the employer	By the employer	By the employed person	By the employed person
(1)	(2)	(3)	(3)	(4)	(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.

Rates of Unemployment Assistance.

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 urban area	Rate of unemployment assistance applicable to persons resident in any other place	Rate of unemployment assistance applicable to persons resident in any other place
	per week	per week	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.

Weekly rates of widows' (contributory) pensions.

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.”