SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1965

Type Act
Publication 1965-07-29
Last updated 1981-02-24
State Repealed superseded text
Text As published
articles 19

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 1981-02-24, SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

Reform history JSON API

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1964, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1964, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1964, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1963, AND THE SOCIAL WELFARE ACTS, 1952 TO 1964. [29th July, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—In this Act—

“the Acts” means the Unemployment Assistance Acts, 1933 to 1964;

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

“the Act of 1935” means the Widows' and Orphans' 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 1962” means the Social Welfare (Miscellaneous Provisions) Act, 1962;

“the Act of 1963” means the Social Welfare (Miscellaneous Provisions) Act, 1963;

“the Act of 1964” means the Social Welfare (Miscellaneous Provisions) Act, 1964;

“the Minister” means the Minister for Social Welfare.

2 Increase of rates of old age pensions.

2.—(1) Section 77 of the Act of 1952 is hereby amended by—

“TABLE

Rate of Pension

Weekly Rates Weekly Rates Weekly Rates Weekly Rates Weekly Rates Weekly Rates
Means of claimant or pensioner Claimant or pensioner, no qualified child Claimant or pensioner, no qualified child Claimant or pensioner, one qualified child Claimant or pensioner, one qualified child Claimant or pensioner, two or more qualified children Claimant or pensioner, two or more qualified children
(1) (2) (2) (3) (3) (4) (4)
s. d. s. d. s. d.
Where the yearly means of the claimant or pensioner as duly calculated—
do not exceed £26 5s. 0d. 47 6 57 6 67 6 } Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. 42 6 52 6 62 6 } 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. 37 6 47 6 57 6 } 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. 32 6 42 6 52 6 } 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. 27 6 37 6 47 6 } 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. 22 6 32 6 42 6 } 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. 17 6 27 6 37 6 } 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. 12 6 22 6 32 6 } 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. 7 6 17 6 27 6 } Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.

”.

3 Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto inserted by section 3 of the Act of 1964, 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 34s. 0d. 28s. 0d.
Person with an adult dependant 62s. 6d. 54s. 6d.
Person with an adult dependant and one child dependant 72s. 6d. 64s. 6d.
Person with an adult dependant and two or more child dependants 82s. 6d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two. 74s. 6d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.
Person with one child dependant 44s. 0d. 38s. 0d.
Person with two or more child dependants 54s. 0d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two. 48s. 0d. plus, where there are more than two child dependants, 5s. for each child dependant in excess of two.

”.

4 Increase of 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—

“TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

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)
s. d. s. d. s. d.
Where the yearly means of the widow, as duly calculated—
do not exceed £26 5s. 0d. 46 0 56 0 66 0 } Plus, where there are more than two qualified children, five shillings for each qualified child in excess of two.
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. 41 0 51 0 61 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. 36 0 46 0 56 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. 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 £78 10s. 0d. but do not exceed £104 15s. 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 £104 15s. 0d. but do not exceed £117 15s. 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 £117 15s. 0d. but do not exceed £130 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 £130 15s. 0d. but do not exceed £143 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 £143 15s. 0d. but do not exceed £156 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 £156 15s. 0d. but do not exceed £169 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 £169 15s. 0d. but do not exceed £182 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 £182 15s. 0d. but do not exceed £195 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 £195 15s. 0d. but do not exceed £208 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.

”.

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

5.—(1) In the Table to section 25 of the Act of 1935, being the section inserted by section 106 of the Act of 1952, for the rates (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1960) 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

Means of orphan Weekly rates Weekly rates
s. d.
Where the yearly means of the orphan as duly calculated—
do not exceed £6 12s. 6d. 20 0
exceed £6 12s. 6d. but do not exceed £13 2s. 6d. 16 0
exceed £13 2s. 6d. but do not exceed £19 12s. 6d. 12 0
exceed £19 12s. 6d. but do not exceed £26 5s. 0d. 8 0
exceed £26 5s. 0d. but do not exceed £32 17s. 6d. 4 0
exceed £32 17s. 6d. No pension No pension

”.

6 Remuneration limit in respect of insured persons.

6.—(1) The First Schedule to the Act of 1952 is hereby amended by the substitution for paragraph 1 (inserted by the Social Welfare (Amendment) Act, 1958) of Part II of the following paragraph:

“1. Employment, otherwise than by way of manual labour, at a rate of remuneration exceeding in value twelve hundred pounds a year, or in cases where such employment involves part-time service only, at a rate of remuneration which is equivalent to a rate of remuneration exceeding twelve hundred pounds a year for whole-time service.”

7 Crediting of contributions.

7.—The Minister may provide by regulations under this section for crediting contributions, in respect of such periods as the Minister may specify in the regulations, to an insured person who, on the commencement of subsections (1) and (2) of section 6 of this Act, becomes by virtue of that section an employed contributor and who by virtue of paragraph 1 of Part II of the First Schedule to the Act of 1952 was not immediately before such commencement an employed contributor subject to the condition that the contributions to be so credited shall not be reckonable for the purposes of widow's (contributory) pension or old age (contributory) pension and to such other conditions (if any) as the Minister may specify in the regulations.

8 Calculation of means of certain persons for purposes of unemployment assistance.

8.—(1) Subject to the provisions of sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be deemed to be an amount calculated at the rate of twenty pounds for every pound of the rateable valuation of the land and at a proportionate rate for any portion of a pound of the valuation.

9 Application of alternative method of calculation of means of certain persons for purposes of unemployment assistance.

9.—If, after consultation with the Minister for Agriculture and having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing the occurrence of inequalities or injustices, he may, notwithstanding the provisions of section 8 of this Act, direct that the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of that section from the use of land which is personally used or enjoyed by the person shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be calculated in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934.

10 Special provision for limited period in relation to calculation of means of certain persons for purposes of unemployment assistance.

10.—(1) Notwithstanding the provisions of section 8 of this Act, during the period of five years commencing on the 3rd day of January, 1966—

the yearly value of any advantage accruing to such person from the use of such land shall, for the purposes of paragraph (c) of subsection (1) of section 13 of the Act of 1933, be either the value calculated in accordance with section 8 of this Act or the value calculated in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934, whichever is the less, and

11 Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1960.

11.—Section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1960, is hereby amended by the substitution for subsection (2) of the following subsection:

  • “(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, do either or both of the following, that is to say:

    • (a) pay to the person for his own use such portion (not exceeding one pound 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,

    • (b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.”

12 Amendment of section 6 of Act of 1952.

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

13 Amendment of Second Schedule to Act of 1952.

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

14 Amendment of Third Schedule to Act of 1952.

14.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1963) and Part II of the following Parts:

“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 52½ 40 13 8
(ii) for any other married woman 40 — — —
(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 52½ 40 13 8
where the person is not so entitled 40 — — —
2. Maternity Allowance 55 — — —
3. Widow's (contributory) Pension:
where the widow is entitled to an increase for a qualified child or qualified children 55 — 13 8
where the widow is not so entitled 52½ — — —
4. Orphan's (contributory) Allowance 35 — — —
5. Old Age (contributory) Pension 60 47½ — —

PART II

Amount of Grants

Description of grant Amount
(1) (2)
Pounds
1. Marriage Grant 10
2. Maternity Grant 4

”

15 Amendment of Seventh Schedule to Act of 1952.

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

  • “(e) (i) any income from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, and

    • (ii) any income, other than income of the kind specified in clause (i) of this subparagraph, from voluntary or gratuitous payments in so far as it does not exceed £52 5s. 0d. per year”,
  • “(l) any income arising by way of annual payment or payments under section 6 of the Land Act, 1965, in so far as such payment or payments does not or do not exceed £156 per year,”, and
  • “(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) in so far as the means of the child do not exceed £26 per year,

  • (b) if there are two or more qualified children normally residing with her—any means of the children (excluding any cash income derived from personal exertions) in so far as the means of the children do not exceed £52 per year”.

16 Operative date of certain decisions in relation to unemployment assistance.

16.—(1) Where a person applies in the manner prescribed under the Acts for a qualification certificate under the Acts, and it is decided by a deciding officer or an appeals officer under the Acts that the person is entitled to hold a qualification certificate—

17 Qualified child for purposes of Children's Allowances (Amendment) Act, 1946.

17.—Notwithstanding the provisions of section 4 of the Children's Allowances (Amendment) Act, 1946, a child who resides with his father while the father, being a member of the Defence Forces or the civil service of the Government or the State, is in the service, outside the State, of the State, the Government or an international organisation shall be a qualified child for the purposes of the Social Welfare (Children's Allowances) Acts, 1944 to 1963.

18 Rates of children's allowances in the case of certain multiple births.

18.—Notwithstanding anything contained in the Social Welfare (Children's Allowances) Acts, 1944 to 1963, the monthly allowance payable to a qualified person under those Acts in respect of a qualified child under those Acts whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this section had not been enacted.

19 Short title, construction and collective citation.

19.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1965.

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