SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1962

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1961, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1961, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1961, AND THE SOCIAL WELFARE ACTS, 1952 TO 1961. [25th July, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—In this Act—

“the Act of 1933” means the Unemployment Assistance Act, 1933;

“the Act of 1935” means the Pensions Act, 1935;

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

“the Act of 1960” means the Social Welfare (Amendment) Act, 1960;

“the Act of 1961” means the Social Welfare (Miscellaneous Provisions) Act, 1961.

2 Rates of old age pensions.

2.—(1) Section 77 of the Act of 1952 is hereby amended by the substitution for the Table to subsection (2) of the following Table:

“TABLE.

Rate of Pension.

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—
do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	do not exceed £52 10s. 0d.	32	6
exceed	£52 10s. 0d.	but do not exceed	£65 10s. 0d.	27	6
”	£65 10s. 0d.	” ” ” ”	£78 10s. 0d.	22	6
”	£78 10s. 0d.	” ” ” ”	£104 15s. 0d.	17	6
”	£104 15s. 0d.	” ” ” ”	£117 15s. 0d.	12	6
”	£117 15s. 0d.	” ” ” ”	£130 15s. 0d.	7	6
”	£130 15s. 0d.			No pension	No pension

”

• (2) Section 8 of the Old Age Pensions Act, 1924, is hereby amended by the substitution in subsection (1) of “one hundred and thirty pounds” for “one hundred and four pounds” (inserted by the Act of 1952).

• (3) Subsections (1) and (2) of this section shall come into operation on the 1st day of August, 1962.

3 Rates of unemployment assistance.

3.—(1) In the Act of 1933 for the Schedule thereto inserted by section 3 of the Act of 1961, 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	24s. 0d.	18s. 0d.
Person with an adult dependant	42s. 6d.	34s. 6d.
Person with an adult dependant and one child dependant	52s. 6d.	44s. 6d.
Person with an adult dependant and two or more child dependants	62s. 6d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.	54s. 6d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.
Person with one child dependant	34s. 0d.	28s. 0d.
Person with two or more child dependants	44s. 0d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.	38s. 0d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.

”

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

4 Rates of widows (non-contributory) pensions.

4.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by—

• (a) the substitution for paragraph (b) of subsection (1) of the following paragraphs:

• “(b) where the yearly means of the widow as duly calculated do not exceed one hundred and eighty-two pounds and fifteen shillings, at the rate set forth in Table B to this subsection and, where the yearly means of the widow as duly calculated exceed one hundred and eighty-two pounds and fifteen shillings—

  • (i) if she has three qualified children and her yearly means as duly calculated do not exceed one hundred and ninety-five pounds and fifteen shillings, at the weekly rate of six shillings, and

  • (ii) if she has more than three qualified children, at the weekly rate which would be payable if her yearly means as duly calculated exceeded one hundred and sixty-nine pounds and fifteen shillings but did not exceed one hundred and eighty-two pounds and fifteen shillings, less five shillings for each amount (if any) of thirteen pounds by which the said yearly means exceed one hundred and sixty-nine pounds, fifteen shillings and one penny; provided that if the weekly rate, calculated pursuant to this paragraph, at which, but for this proviso, the pension would be payable is less than six shillings, the pension shall not be payable,

• (c) in paragraph (b) of this subsection ‘qualified children’ in relation to a widow, means 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.”

and

• (b) the substitution for Table B of the following Table:—

“TABLE B.

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

	Weekly Rates	Weekly Rates	Weekly Rates	Weekly Rates	Weekly Rates	Weekly Rates	Weekly Rates	Weekly Rates
Means of Widow	Widow, no qualified child	Widow, no qualified child	Widow, one qualified child	Widow, one qualified child	Widow, two or more qualified children	Widow, two or more qualified children	Widow, two or more qualified children	Widow, two or more qualified children
(1)	(2)	(2)	(3)	(3)	(4)	(4)	(4)	(4)
Where the yearly means of the widow as duly calculated—	s.	d.	s.	d.	s.	d.
do not exceed £52 10s. 0d.	31	0	41	0	51	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £52 10s. 0d. but do not exceed £65 10s. 0d.	26	0	36	0	46	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £65 10s. 0d. but do not exceed £78 10s. 0d.	21	0	31	0	41	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £78 10s. 0d. but do not exceed £104 15s. 0d.	16	0	26	0	36	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £104 15s. 0d. but do not exceed £117 15s. 0d.	11	0	21	0	31	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £117 15s. 0d. but do not exceed £130 15s. 0d.	6	0	16	0	26	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £130 15s. 0d. but do not exceed £143 15s. 0d.	No pension	No pension	11	0	21	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £143 15s. 0d. but do not exceed £156 15s. 0d.	No pension	No pension	6	0	16	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £156 15s. 0d. but do not exceed £169 15s. 0d.	No pension	No pension	No pension	No pension	11	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £169 15s. 0d. but do not exceed £182 15s. 0d.	No pension	No pension	No pension	No pension	6	0	}	Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.

”

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

5 Amendment of section 10 of Act of 1933.

5.—(1) Section 10 of the Act of 1933 is hereby amended by the substitution for paragraph (c) (inserted by the Act of 1961) of subsection (3) of the following paragraph, namely:

• “(c) that his means, calculated in accordance with this Act, do not exceed an amount per annum equal to fifty-two times—

• (i) the amount of the scheduled rate of unemployment assistance applicable to a person who has an adult dependant and is resident in an urban area, and

• (ii) in case he has a child dependant or child dependants, so much of the scheduled rate of unemployment assistance applicable to the person as is payable in respect of the child dependant or child dependants, as the case may be;”.

• (2) Where—

• (a) immediately before the commencement of this subsection, a person is the holder of a qualification certificate in a form prescribed by regulations under subsection (1) of section 7 of the Act of 1933, and

• (b) the person fulfils the conditions stated in subsection (3) of section 10 of the Act of 1933, as amended by subsection (1) of this section,

the certificate shall have effect, and any determination in relation to the certificate shall be subject to reversal and to revision in the like manner, as if the certificate were in the form prescribed by regulations under subsection (1) of section 7 of the Act of 1933 which are expressed to come into operation on the 1st day of August, 1962.

• (3) Subsections (1) and (2) of this section shall come into operation on the 1st day of August, 1962.

6 Unemployment assistance during rehabilitation training.

6.—(1) A person shall not be deemed to have failed to comply with the conditions contained in paragraphs (a) and (b) of subsection (1) of section 15 of the Act of 1933 by reason only of the fact that he is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) whether or not the course is a course in respect of which he is in receipt of a monetary training allowance paid by the organisation.

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

7 Amendment of section 13 of Act of 1933.

7.—(1) Section 13 of the Act of 1933 is hereby amended by the insertion in paragraph (b) of subsection (1) after subparagraph (ix) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960) of the following subparagraphs:

• “(x) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

• (xi) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule to the Social Welfare Act, 1952, under a scheme that is, in the opinion of the Minister, charitable in character and purpose.”

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

8 Amendment of section 22 of Act of 1935.

8.—(1) Section 22 of the Act of 1935 is hereby amended by the substitution in paragraph (b) of subsection (2) (inserted by the Social Welfare Act, 1948) of “thirty-nine years” for “forty-seven years”.

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962, and where a pension ceased, before that date, by virtue of the said subsection (2) of the said section 22, to be payable to a widow and the widow had attained the age of thirty-nine years and six months at the date of such cesser and had not attained the age of forty-eight years on the 1st day ofAugust, 1962, and such pension would, but for the said subsection (2), be in course of payment on the 1st day of August, 1962, the pension shall, subject to the provisions of the Widows' and Orphans' Pensions Acts, 1935 to 1961, be payable as on and from the 1st day of August, 1962.

9 Amendment of section 6 of Act of 1952.

9.—(1) Section 6 of the Act of 1952 is hereby amended by—

• (a) the substitution of “two shillings and tenpence” for “two shillings and sixpence” in paragraph (a) of subsection (2) (inserted by the Act of 1960), and

• (b) the substitution of “five shillings and fivepence” for “four shillings and ninepence” in paragraph (b) of the said subsection (2).

• (2) Subsection (1) of this section shall come into operation on the 7th day of January, 1963.

10 Amendment of section 9 of Act of 1952.

10.—(1) Section 9 of the Act of 1952 is hereby amended by the addition thereto of the following subsection:

• “(2) For the purposes of this section the entry into insurance of a contributor, whether an employed contributor or a voluntary contributor, shall be deemed to have occurred after he had attained the age of sixty if after the time of such attainment he became for the first time an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for an old age (contributory) pension are payable and he had not been an employed contributor under the National Health Insurance Acts, 1911 to 1952, before attaining the age of sixty.”

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

11 Increase of benefit payable under section 26 (3) of Act of 1952.

11.—(1) In any case where benefit is payable under subsection (3) (inserted by the Act of 1960) of section 26 of the Act of 1952, the weekly rate thereof shall be thirty-five shillings.

• (2) Subsection (1) of this section shall come into operation on the 4th day of January, 1963.

12 Amendment of Second Schedule to Act of 1952.

12.—(1) (a) The Second Schedule to the Act of 1952 is hereby amended by—

• (i) the substitution of “5s. 3d.” for “4s. 6d.” (inserted by the Act of 1960) and of “4s. 2d.” for “3s. 5d.” (inserted by the Act of 1960) in subparagraph (a) of paragraph 1,

• (ii) the substitution of “5s. 3d.” for “4s. 6d.” (inserted by the Act of 1960) and of “4s. 11d.” for “4s. 2d.” (inserted by the Act of 1960) in subparagraph (b) of the said paragraph 1,

• (iii) the substitution of “3s. 0d.” for “2s. 6d.” (inserted in both subparagraphs by the Act of 1960) in subparagraphs (a) and (b) of paragraph 2,

• (iv) the substitution of “2s. 4d.” for “1s. 9d.” (inserted by the Act of 1960) in subparagraph (a) of paragraph 3 and of “3s. 1d.” for “2s. 6d.” (inserted by the Act of 1960) in subparagraph (b) of the said paragraph 3,

• (v) the substitution of “3s. 1d.” for “2s. 6d.” in subparagraph (a) of paragraph 3A (inserted by the Act of 1960) and of “3s. 10d.” for “3s. 3d.” in subparagraph (b) of the said paragraph 3A,

• (vi) the substitution of “1s. 5d.” for “1s. 3d.” (inserted in both subparagraphs by the Act of 1960) in subparagraphs (a) and (b) of paragraph 4 (inserted by the Regulations of 1956),

• (vii) the substitution of “1s. 5d.” for “1s. 3d.” (inserted by the Act of 1960) in subparagraph (b) of paragraph 5 (inserted by the Regulations of 1956),

• (viii) the substitution of “3s. 6d.” for “2s. 9d.” (inserted by the Act of 1960) in subparagraph (a) of paragraph 6 (inserted by the Regulations of 1956),

• (ix) the substitution of “4s. 11d.” for “4s. 2d.” (inserted by the Act of 1960) in subparagraph (b) of the said paragraph 6,

• (x) the substitution of “3s. 6d.” for “2s. 9d.” (inserted by the Act of 1960) in subparagraph (a) of paragraph 7 (inserted by the Regulations of 1956), and

• (xi) the substitution of “4s. 0d.” for “3s. 3d.” (inserted by the Act of 1960) in subparagraph (b) of the said paragraph 7.

• (b) In this subsection “the Regulations of 1956” means the Social Welfare (Modifications of Insurance) Regulations, 1956.

• (2) Subsection (1) of this section shall come into operation on the 7th day of January, 1963.

13 Amendment of Third Schedule to Act of 1952.

13.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1960) of the following Part:

“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)	Increase for each qualified child in excess of two (where payable)
(1)	(2)	(3)	(4)	(5)
	shillings	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 qualified children or for a husband	37½	25	13	8
(ii) for any other married woman	28½	—	—	—
(b) In the case of persons under the age of eighteen—
where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant	37½	25	13	8
where the person is not so entitled	28½	—	—	—
2. Maternity Allowance	40	—	—	—
3. Widow's (contributory) Pension:
where the widow is entitled to an increase for a qualified child or qualified children	40	—	13	8
where the widow is not so entitled	37½	—	—	—
4. Orphan's (contributory) Allowance	25	—	—	—
5. Old Age (contributory) Pension	45	35	—	—

”

• (2) Subsection (1) of this section shall, in so far as it relates to disability benefit, unemployment benefit and maternity allowance under the Act of 1952, come into operation on the 7th day of January, 1963, and shall, in so far as it relates to widow's (contributory) pension, orphan's (contributory) allowance and old age (contributory) pension under the Act of 1952, come into operation on the 4th day of January, 1963.

14 Amendment of Seventh Schedule to Act of 1952.

14.—(1) The Seventh Schedule to the Act of 1952 is hereby amended by—

• (a) the insertion after subparagraph (j) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960) in paragraph (II) of Rule I of the following subparagraph:

• “(k) in the case of a person who is not a blind person, any moneys, except so far as they exceed £52 per year, received by the person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule to this Act under a scheme that is, in the opinion of the Minister, charitable in character and purpose.”

• (b) the substitution of “, (h) and (k)” for “and (h)” in clauses (i) and (ii) (inserted by the Act of 1961) of subparagraph (c) of paragraph (1) of Rule 3.

• (2) Subsection (1) of this section shall come into operation on the 1st day of August, 1962.

15 Short title, construction and collective citations.

15.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1962.

• (2) This Act, in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1961, shall be construed as one therewith and may be cited together therewith as the Old Age Pensions Acts, 1908 to 1962, and in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1961, shall be construed as one therewith and may be cited together therewith as the Unemployment Assistance Acts, 1933 to 1962, and in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1961, shall be construed as one therewith and may be cited together therewith as the Widows' and Orphans' Pensions Acts, 1935 to 1962, and in so far as it amends and extends the Social Welfare Acts, 1952 to 1961, shall be construed as one therewith and may be cited together therewith as the Social Welfare Acts, 1952 to 1962.