SOCIAL WELFARE ACT, 1952

• (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.

Weekly rates of widows' (non-contributory) pensions.

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 of widows' (non-contributory) pensions.

											Weekly rates	Weekly rates	Weekly rates
Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Means of Widow	Widow, no qualified child	Widow, one qualified child	Widow, two or more qualified children
(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(2)	(3)	(4)
											shillings	shillings	shillings
Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow as duly calculated—	Where the yearly means of the widow 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.	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.	0d.	0d.	0d.	0d.	0d.	0d.	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.

Weekly rates of orphans' (non-contributory) pensions.

Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Means of orphan	Weekly rates	Weekly rates
Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	Where the yearly means of the orphan as duly calculated—	s.	d.
do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	do not exceed £6 12s. 6d.	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	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.

Rates of Contributions.

	Rate of Contribution per week	Rate of Contribution per week	Payable in case of employed persons	Payable in case of employed persons	Payable in case of employed persons	Payable in case of employed persons
	Rate of Contribution per week	Rate of Contribution per week	By the employer	By the employer	By the employed person	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.

• (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.

• (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.

Part II. Excepted Employments.

SECOND SCHEDULE. Rates of Employment Contributions.

(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.

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

(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.

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.

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.

• (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.

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.

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).

• “(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.”

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

• “(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.”

Part II. Amendment of Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).

The following word and subparagraph shall be added after subparagraph (iv) of paragraph (d) of subsection (1) of section 9:—

“or

• (v) any disability benefit, unemployment benefit, maternity allowance or widow's (contributory) pension under the Social Welfare Act, 1952”.

Part III. Amendments of Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).

• “(4)

  • (a) Provision may be made by rules of Court for regulating appeals and references to the High Court under this section and those rules shall provide for limiting the time within which an appeal may be brought and for the determination in a summary manner of any such appeals or references, and for requiring notice of any such appeals to be given to the Minister.

  • (b) During the period between the repeal by the Social Welfare Act, 1952, of subsection (3) of section 10 of the Unemployment Insurance Act, 1920, and the making of rules pursuant to paragraph (a) of this subsection, the rules of Court which immediately before the said repeal applied by virtue of the said subsection for regulating appeals and references to the High Court shall apply to appeals and references to the High Court under this section.”

• “(4) Where the current insurance card issued under the Social Welfare Act, 1952, of an insured person is not in the possession of his employer on a particular day, and a local officer certifies that such card was not delivered to a local office in connection with a claim to unemployment benefit under the Social Welfare Act, 1952, or an application for unemployment assistance under the Unemployment Assistance Act, 1933 (No. 46 of 1933), in respect of that day, such card shall, for the purposes of the second statutory condition, be deemed to have been in the possession of such employer on that day.”

SEVENTH SCHEDULE. Rules as to Calculation of Means.

• (I) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person) which is invested or is otherwise put to profitable use by the person or which though capable of investment or profitable use is not so invested or put to profitable use by the person, the yearly value of the property being calculated as follows:

• (a) the first £25 of the capital value of the property shall be excluded, and

• (b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

• (c) the yearly value of so much of the capital value of the property as exceeds the sum of £400, shall be taken to be one-tenth part of the capital value,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

• (II) all income in cash (including, in the case of pensions under the Widows' and Orphans' Pensions Acts, 1935 to 1952, the net cash value of any non-cash earnings derived from personal exertions) which the person may reasonably expect to receive during the year succeeding the date of calculation, but excluding—

• (a) any income received by way of general assistance under the Public Assistance Act, 1939 (No. 27 of 1939),

• (b) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person),

• (c) any sums received by way of pension, allowance, assistance or benefit under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, the Children's Allowances Acts, 1944 and 1946, or Part III of this Act,

• (d) any income arising from a bonus under a scheme administered by the Minister for Education for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht of children attending primary schools,

• (e) any income arising from voluntary or gratuitous payments so far as it does not exceed £52 5s. 0d. per year,

• (f) any income arising by way of payments under section 44 of the Health Act, 1947 (No. 28 of 1947), by a health authority to or in respect of the person or the person's dependants,

• (g) an amount of an allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1949, or pension under the Military Service Pensions Acts, 1924 to 1949, or of a combination of such allowances and such pensions except so far as such amount exceeds £80 per year,

• (h) in the case of a blind person, his earnings (including wages and profit from any form of self-employment) as a blind person except and in so far as the annual amount of such earnings is calculated to exceed an amount made up as follows:

• (i) if the person is a man—£52, plus £39 if he has a wife living with or wholly or mainly maintained by him or, 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, plus £26 for each qualified child normally residing with him,

• (ii) if the person is a woman—£52, plus £26 for each qualified child normally residing with her, plus £39 if she is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity,

• (i) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920,

and such income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately preceding the date of calculation;

• (III) the yearly value of any advantage accruing to the person from the use or enjoyment of property (other than furniture and personal effects) which is personally used or enjoyed by the person.

• (2)
• (a) Subject to subparagraph (b) of this paragraph, paragraph (1) of this Rule shall not apply to any assignment—

• (i) which is an assignment to a child or children of the assignor, and

• (ii) as respects which the property comprised therein consists of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed £30 and of which the assignor is the owner and the occupier or the occupier only.

• (b) Subparagraph (a) of this paragraph shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding £30 in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.

• (c) In this paragraph “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

• (a) the means of the person shall be taken to be one-half of the total means of the married couple;

• (b) the person shall be deemed to be entitled to one-half of all property to which the person or the other member of the married couple is entitled or to which the person and the other member of the married couple are jointly entitled;

• (c) for the purposes of this Rule the means of each of the married couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate) and the total means shall be the sum of the means of each so determined;

• (d) where one member of a married couple dies, nothing which was reckoned for the purposes of pension, or would (if such deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period previous or partly previous to that death.

• (2) Where a husband is separated from his wife, any sum paid by him to her under a separation order shall be deducted in calculating his means.

• (a) if there is one qualified child (and not more) normally residing with her—any means of the child (excluding any cash income derived from personal exertions),

• (b) if there are two qualified children (and not more) normally residing with her—any means of the children (excluding any cash income derived from personal exertions),

• (c) if there are more than two qualified children normally residing with her—the means of two of the children, the means of each child being taken for this purpose to be the average of the means of all the children (excluding any cash income derived from personal exertions).