SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1960

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1960, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1959, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1959, AND THE SOCIAL WELFARE ACTS, 1952 TO 1960. [27th July, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—(1) In this Act, unless the contrary intention appears—

“the Act of 1908” means the Old Age Pensions Act, 1908;

“the Act of 1911” means the Old Age Pensions Act, 1911;

“the Act of 1952” means the Social Welfare Act, 1952;

“the Acts” means the Old Age Pensions Acts, 1908 to 1960;

“the Minister” means the Minister for Social Welfare;

“pension” means a pension under the Acts;

“social welfare officer” means an officer referred to by virtue of section 24 of this Act as a social welfare officer.

• (2) References in this Act to the Acts or to the Social Welfare Acts, 1952 to 1960, do not, unless the contrary intention appears, include references to this Act.

2 Increase of rates of old age pensions.

2.—The rates of 27s. 6d., 22s. 6d., 17s. 6d. and 12s. 6d. set forth in the Table to subsection (2) of section 77 of the Act of 1952 by virtue of section 1 of the Social Welfare Act, 1959, are each hereby increased by 1s. 0d.

3 Increase of rates of unemployment assistance.

3.—In the Unemployment Assistance Act, 1933, for the Schedule thereto inserted by section 2 of the Social Welfare Act, 1959, there is hereby substituted 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 other place.
	per week	per week
Person without a dependant	20s. 0d.	14s. 0d.
Person with an adult dependant	34s. 6d.	26s. 6d.
Person with an adult dependant and one child dependant	41s. 6d.	32s. 6d.
Person with an adult dependant and two or more child dependants	47s. 6d.	37s. 6d.
	plus, where there are more than two child dependants, 1s. 0d. for each child dependant in excess of two.	plus, where there are more than two child dependants, 1s. 0d. for each child dependant in excess of two.
Person with one child dependant	27s. 0d.	20s. 0d.
Person with two or more child dependants	33s. 0d.	25s. 0d.
	plus, where there are more than two child dependants, 1s. 0d. for each child dependant in excess of two.	plus, where there are more than two child dependants, 1s. 0d. for each child dependant in excess of two.

”

4 Increase of rates of widows' (non-contributory) pensions.

4.—In Table B to section 20 of the Widows' and Orphans' Pensions Act, 1935, being the section inserted by section 105 of the Act of 1952, for the rates set forth therein by virtue of section 3 of the Social Welfare Act, 1959, there are hereby substituted the rates set forth in the Table to this section.

TABLE.

Weekly Rates of Widows' (Non-Contributory) Pensions.

5 Increase of rates of orphans' (non-contributory) pensions.

5.—In the Table to section 25 of the Widows' and Orphans' Pensions Act, 1935, being the section inserted by section 106 of the Act of 1952, for the rates set forth therein, there are hereby substituted the rates set forth in the Table to this section.

TABLE.

Weekly Rates of Orphans' (Non-Contributory) Pensions.

6 Payment of pension to persons resident in Northern Ireland.

6.—Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of a pension, payment of the pension may, notwithstanding anything contained in paragraph (a) of section 5 of the Act of 1911 but subject to paragraph (b) of that section, be made until either—

• (a) the expiration of a period of five years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

• (b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

7 Extension of time for payment of pension.

7.—Notwithstanding the provisions of paragraph (b) of section 5 of the Act of 1911, in any case where the Minister, or an officer authorised in that behalf by special or general directions of the Minister, so thinks fit and so directs, a sum may be paid on account of a pension at any time within six months after the date on which it has become payable.

8 Pensions of persons in certain mental institutions.

8.—(1) Subject to subsection (2) of this section, the whole of any amounts payable on foot of a pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945, or while he is detained in any place as a chargeable patient, within the meaning of that Act, or as a criminal lunatic, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

• (2) Where the pension of a person is appropriated under subsection (1) of this section, the person in charge, within the meaning of the aforesaid Act, of the place where the person is detained, or, if the person is detained in the Dundrum Central Criminal Lunatic Asylum, within the meaning of the aforesaid Act, the Resident Physician and Governor thereof may, in his absolute discretion, pay to the person for his own use such portion (not exceeding ten shillings per week) of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid.

9 Parts of increase of certain pensions not to be reckoned as means for the purposes of the Acts.

9.—Notwithstanding anything contained in the rules in the Seventh Schedule to the Act of 1952, where—

• (a) a pension is in course of payment to a person or to the spouse of the person or to both of them,

• (b) a pension or allowance provided by or under statute (other than the Acts) or payable out of moneys administered by another government (in this section referred to as the statutory pension) is in course of payment to the person or the spouse of the person or to both of them, and

• (c) an increase of the statutory pension or pensions occurs on or after the 1st day of August, 1960,

then, in calculating the means of the person or of the spouse of the person or of both of them for the purposes of the Acts, any of the increase of the statutory pension or pensions which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions, as the case may be, which would be greater than the amount of the increase, shall not be reckoned as means.

10 Amendment of section 13 of Unemployment Assistance Act, 1933.

10.—Section 13 of the Unemployment Assistance Act, 1933, is hereby amended by the insertion in paragraph (b) of subsection (1) after subparagraph (vii) (inserted by the Act of 1952) of the following subparagraphs:

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

• (ix) an amount of an allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1960, or pension under the Military Service Pensions Acts, 1924 to 1960, or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1960, or of a combination of such allowances and such pensions except so far as such amount exceeds £80 per year.”

11 Restriction of section 19 of Unemployment Assistance Act, 1933.

11.—Paragraph (a) of section 19 of the Unemployment Assistance Act, 1933, shall not apply in relation to the payment of unemployment assistance to a person who ceased, on the last weekday before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

• (a) by reason of having, by virtue of subsection (2) of section 16 of the Act of 1952, exhausted his title to such benefit, or

• (b) if the person is over sixty-five years of age, by reason of having failed to satisfy the contribution condition set out in subparagraph (b) of paragraph 1 of the Fourth Schedule to the Act of 1952.

12 Amendment of section 5 of Unemployment Assistance (Amendment) Act, 1940.

12.—Section 5 of the Unemployment Assistance (Amendment) Act, 1940, is hereby amended by the insertion after subsection (2) of the following subsection:

• “(3) Where the Commissioner of Valuation is satisfied that any certificate furnished by him, whether before or after the commencement of the Social Welfare (Miscellaneous Provisions) Act, 1960, under this section or amended by him under this subsection is erroneous, by reason of a mistake in relation to any matter of law or fact to which regard was had by the Commissioner in the drawing up of the certificate, or in the light of any matter of fact which has come to his notice since the furnishing of the certificate, the Commissioner may amend the certificate for the purpose of correcting the error therein and subsection (2) of this section shall have effect in relation to a certificate amended under this subsection as if the references therein to a certificate were references to a certificate amended under this subsection.”

13 Amendment of Seventh Schedule to Act of 1952.

13.—The Seventh Schedule to the Act of 1952 is hereby amended by—

• (a) the insertion in subparagraph (f) of paragraph (II) of rule 1 after “dependants” of “and any income arising by way of payments on foot of a maintenance allowance under section 50 of the Health Act, 1953, to the person”,

• (b) the insertion after “1924 to 1949”, in subparagraph (g) of the said paragraph (II) of the said rule 1 of “or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1960”, and

• (c) the insertion after subparagraph (i) in the said paragraph (II) of the following paragraph:

• “(j) in the case of a widow who is not a blind person and who has a qualified child or qualified children who normally resides or reside with her, all earnings derived by her from employment which is an employment specified in the First Schedule to this Act except and in so far as the annual amount of such earnings is calculated to exceed £39 for each such child,”.

14 Amendment of First Schedule to Act of 1952.

14.—Part I of the First Schedule to the Act of 1952 is hereby amended by—

• (a) the insertion after “Government” in both subparagraphs (a) and (b) of paragraph 3 of “or the civil service of the State”, and

• (b) the insertion after paragraph 8 (inserted by the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1952) of the following paragraph:

“9. Employment as a trainee midwife, student midwife, pupil midwife, probationary midwife, trainee nurse, student nurse, pupil nurse, or probationary nurse. In this paragraph ‘nurse’ includes a nursery or children's nurse,”

15 Amendment of Fourth Schedule to Act of 1952.

15.—The Fourth Schedule to the Act of 1952 is hereby amended by the insertion in clause (i) of subparagraph (b) of paragraph 3 of “in respect of the period beginning with the claimant's entry into insurance and ending immediately” after “claimant”.

16 Notification of increase of means of persons claiming or receiving pensions.

16.—(1) Where—

• (a) a person is in receipt of a pension or has made a claim for a pension which has not been finally determined, and

• (b) (i) the income in cash of the person, or

• (ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim aforesaid, the person shall, before the expiration of the later of the following periods, that is to say:

• (I) the period of three months beginning on the commencement of this Act,

• (II) the period of three months after the end of the month in which the increase aforesaid occurred,

give, or cause to be given, to a social welfare officer notification of the increase.

• (2) A person who contravenes subsection (1) of this section or, in case he is dead, his personal representative, shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in subsection (3) of section 6 of the Act of 1911, be liable to pay to the Minister on demand—

• (a) if, by reason of such contravention, the person was in receipt of a pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and

• (b) if, by reason of such contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.

• (3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.

17 Furnishing of information to social welfare officers by persons in receipt of pensions.

17.—(1) A person who is in receipt of a pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than thirty days) as may be specified in the request—

• (a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

• (b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.

• (2) Where a person who is in receipt of a pension fails to comply with a request under subsection (1) of this section, the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and

• (a) such suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—

• (i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,

• (ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and

• (iii) that, if the authority referred to in paragraph (b) of subsection (1) of this section was requested, such authority has been given,

• (b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c) of this subsection, such payment (if any) as may be made to him under that paragraph, and

• (c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.

18 Furnishing of information to social welfare officers by personal representatives of persons who were in receipt of pensions.

18.—(1) A personal representative of a person who dies after the commencement of this Act and who at any time was in receipt of a pension shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than thirty days) as may be specified in the request—

• (a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

• (b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.

• (2) A person who fails to comply with a request under subsection (1) of this section shall be guilty of an offence under this section 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.

19 Provisions in aid of recovery of overpayments of pension from estates of deceased persons.

19.—(1) The personal representative of a person who dies after the commencement of this Act and who was at any time in receipt of a pension shall, before distributing the assets of the person inform the Minister by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.

• (2) A personal representative who contravenes subsection (1) of this section and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

• (a) payments of pension to the person at a time when the person was not entitled to receive the pension, or

• (b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

20 General provisions as to prosecutions under the Acts.

20.—(1) Proceedings for an offence under the Acts (including this Act) or under regulations made under the Acts 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 the Acts (including this Act) or under regulations made under the Acts 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 the Acts (including this Act) or under regulations made under the Acts 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) This section shall have effect as respects proceedings in relation to offences committed after the commencement of this Act.

21 Presumption of due receipt of certain pensions.

21.—(1) Where, in any civil proceedings in any Court, it is shown to the satisfaction of the Court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

• (2) In this section “pension” means a pension under the Acts or a pension under the Widows' and Orphans' Pensions Acts, 1935 to 1959.

22 Amendment of section 9 of the Act of 1908.

22.—Section 9 of the Act of 1908 is hereby amended by the substitution for subsection (1) of the following subsection:

• “(1) Every person who, after the commencement of the Social Welfare (Miscellaneous Provisions) Act, 1960—

  • (a) for the purpose of obtaining or continuing a pension, either for himself or for any other person, or for the purpose of obtaining or continuing a pension, either for himself or for any other person, which is of an amount in excess of the amount appropriate to the case, knowingly makes any statement or representation (whether written or oral) which is to his knowledge false or misleading in any material respect, or knowingly conceals any fact which is to his knowledge material, or

  • (b) knowingly obtains payment of, or continues to receive, a pension which he is not entitled to receive or which is of an amount in excess of the amount which he is entitled to receive,

  shall be guilty of an offence under this section 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.”

23 Recovery of overpayments of pension by civil proceedings.

23.—Any debt due to the State or the Minister under the Acts or under this Act in respect of payments of pensions to persons at times when they were not entitled to receive them or payments of pensions to persons of amounts in excess of the amounts which they were entitled to receive may, without prejudice to any other remedy, be recovered by the Minister as a simple contract debt in any Court of competent jurisdiction.

24 Social welfare officers.

24.—The following officers, that is to say:

• (a) pension officers under the Acts,

• (b) investigation officers under the Widows' and Orphans' Pensions Acts, 1935 to 1959, and

• (c) investigation officers under the Social Welfare (Children's Allowances) Acts, 1944 to 1957,

shall be known, and are referred to in this Act, as social welfare officers and references in any statute or instrument made under statute to any of those officers shall be construed as references to social welfare officers.

25 Repeals.

25.—Paragraph (c) of subsection (1) and subsection (3) of section 3 of the Act of 1908 and subsection (4) of section 7 of the Act of 1911 are hereby repealed.

26 Short title, commencement, construction and collective citation.

26.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1960.

• (2) This Act shall come into operation on the 1st day of August, 1960.

• (3) This Act, in so far as it amends and extends the Acts shall be construed as one therewith and shall be included in that collective citation and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1959, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1960, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1959, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1960, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1960, shall be construed as one therewith and shall be included in that collective citation.