SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1968

Type Act
Publication 1968-07-23
Last updated 1981-02-24
State Repealed superseded text
Text As published
articles 17

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.

1 amending act · 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 1967, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1967, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1967, AND THE SOCIAL WELFARE ACTS, 1952 TO 1967. [23rd July, 1968.]

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

“the Act of 1966” means the Social Welfare (Miscellaneous Provisions) Act, 1966;

“the Act of 1967” means the Social Welfare (Miscellaneous Provisions) Act, 1967.

27 Increase of rates of old age pensions.

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

“TABLE

Rate of pension

Means of claimant or pensioner Weekly rates Weekly rates 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 Claimant or pensioner, two or more qualified children Claimant or pensioner, two or more qualified children
(1) (2) (2) (3) (3) (4) (4) (4) (4)
s. d. s. d. s. d. d. d.
Where the yearly means of the claimant or pensioner as duly calculated—
are Nil 65 0 77 6 90 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed Nil but do not exceed £26 5s. 0d. 60 0 72 6 85 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. 55 0 67 6 80 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. 50 0 62 6 75 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £65 10s. 0d. but do not exceed £78 10s. 0d. 45 0 57 6 70 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £78 10s. 0d. but do not exceed £104 15s. 0d. 40 0 52 6 65 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £104 15s. 0d. but do not exceed £117 15s. 0d. 35 0 47 6 60 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £117 15s. 0d. but do not exceed £130 15s. 0d. 30 0 42 6 55 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £130 15s. 0d. but do not exceed £143 15s. 0d. 25 0 37 6 50 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £143 15s. 0d. but do not exceed £156 15s. 0d. 20 0 32 6 45 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £156 15s. 0d. but do not exceed £169 15s. 0d. 15 0 27 6 40 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £169 15s. 0d. but do not exceed £182 15s. 0d. 10 0 22 6 35 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £182 15s. 0d. but do not exceed £195 15s. 0d. 5 0 17 6 30 0 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.

”

and

  • “(ii) in case the person has one or more than one qualified child, the appropriate highest amount of means at which pension may be paid to that person under section 77 (2) (b) of the Social Welfare Act, 1952.”.

3 Increase of rates of unemployment assistance.

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1967) 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 51s. 6d. 45s. 6d.
Person with an adult dependant 97s. 6d. 89s. 6d.
Person with an adult dependant and one child dependant 110s. 0d. 102s. 0d.
Person with an adult dependant and two or more child dependants 122s. 6d. plus, where there are more than two child dependants, 7/6d. for each child dependant in excess of two. 114s. 6d. plus, where there are more than two child dependants, 7/6d. for each child dependant in excess of two.
Person with one child dependant 67s. 0d. 61s. 0d.
Person with two or more child dependants 79s. 6d. plus, where there are more than two child dependants, 7/6d. for each child dependant in excess of two. 73s. 6d. plus, where there are more than two child dependants, 7/6d. for each child dependant in excess of two.

”

4 Increase of certain rates of unemployment benefit.

4.—(1) In the Table to section 5 (2) of the Act of 1967, for the rates set forth therein there are hereby substituted the rates set forth in the Table to this section.

TABLE

Class of Person 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)
Person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant 54s. 6d. — 12s. 6d. 7s. 6d.
Any other person 51s. 6d. 46s. 0d. 12s. 6d. 7s. 6d.

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

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

  • “(b) (i) 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

    • (ii) where the yearly means of the widow as duly calculated exceed one hundred and eighty-two pounds and fifteen shillings, at the rate at which the pension would be payable if the yearly means of the widow 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 eighty-two pounds and fifteen shillings, any fraction of thirteen pounds being treated for this purpose as thirteen pounds; provided that if the rate calculated pursuant to this paragraph, at which, but for this provision, the pension would be payable is less than six shillings a week, the pension shall not be payable,”

and

“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 qualified children Widow, two qualified children Widow, two qualified children Widow, two qualified children
(1) (2) (2) (3) (3) (4) (4) (4) (4)
s. d. s. d. s. d. d. d. d.
Where the yearly means of the widow, as duly calculated:—
Are Nil 63 6 76 0 88 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed Nil but do not exceed £26 5s. 0d. 58 6 71 0 83 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £26 5s. 0d. but do not exceed £52 10s. 0d. 53 6 66 0 78 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £52 10s. 0d. but do not exceed £65 10s. 0d. 48 6 61 0 73 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £65 10s. 0d. but do not exceed £78 10s. 0d. 43 6 56 0 68 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £78 10s. 0d. but do not exceed £104 15s. 0d. 38 6 51 0 63 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £104 15s. 0d. but do not exceed £117 15s. 0d. 33 6 46 0 58 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £117 15s. 0d. but do not exceed £130 15s. 0d. 28 6 41 0 53 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £130 15s. 0d. but do not exceed £143 15s. 0d. 23 6 36 0 48 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £143 15s. 0d. but do not exceed £156 15s. 0d. 18 6 31 0 43 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £156 15s. 0d. but do not exceed £169 15s. 0d. 13 6 26 0 38 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.
exceed £169 15s. 0d. but do not exceed £182 15s. 0d. 8 6 21 0 33 6 } Plus, where there are more than two qualified children, seven shillings and sixpence for each qualified child in excess of two.

”

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

6.—(1) In the Table to section 25 (inserted by section 106 of the Act of 1952) of the Act of 1935, for the rates (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965) 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
Where the yearly means of the orphan as duly calculated— s. d.
do not exceed £6 12s. 6d. 27 6
exceed £6 12s. 6d. but do not exceed £13 2s. 6d. 23 6
exceed £13 2s. 6d. but do not exceed £19 12s. 6d. 19 6
exceed £19 12s. 6d. but do not exceed £26 5s. 0d. 15 6
exceed £26 5s. 0d. but do not exceed £32 17s. 6d. 11 6
exceed £32 17s. 6d. but do not exceed £39 10s. 0d. 7 6
exceed £39 10s. 0d. No pension No pension

7 Amendment of section 6 of Act of 1952.

7.—(1) Section 6 (2) (inserted by the Act of (1960) of the Act of 1952 is hereby amended by—

and

8 Amendment of section 12 of Act of 1952.

8.—Section 12 (1) of the Act of 1952 is hereby amended by the addition after subparagraph (e) of the following:

“or

  • (f) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or

  • (g) persons employed by voluntary organisations which are providing district nursing services.”.

9 Amendment of section 26 of Act of 1952 (increase of benefit for adult dependants).

9.—(1) Section 26 of the Act of 1952 is hereby amended by the insertion of the following subsection after subsection (3) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963):

  • “(4)

    • (a) The weekly rate of widow's (contributory) pension in the case of a widow who has attained pensionable age and of old age (contributory) pension shall be increased by the amount set out in column (6) of Part I of the Third Schedule to this Act for any period during which—

      • (i) the beneficiary is so incapacitated as to require full-time care and attention,

      • (ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed female relative of the beneficiary, and

      • (iii) the beneficiary, but for the residence of the prescribed female relative, would be living either alone or with another adult (or other adults) who is (or all of whom are) unable to provide that care and attention, the residence in the household of a qualified child or qualified children being disregarded for the purpose of this subparagraph.

    • (b) Not more than one increase of pension shall be payable under this subsection or under section 77 of the Act of 1952 (as amended by section 10 of the Social Welfare (Miscellaneous Provisions) Act, 1968) in respect of any prescribed female relative.

    • (c) An increase of pension under this subsection shall not be payable in respect of a prescribed female relative except where—

      • (i) she left insurable employment for the purpose of residing with the beneficiary to provide full-time care and attention, and

      • (ii) she had not less than 156 employment contributions paid in respect of that employment since the beginning of the period of the last five complete contribution years preceding the date on which she left that employment.”.

10 Amendment of section 77 of Act of 1952 (increased rates of certain old age pensions).

10.—(1) Section 77 of the Act of 1952 is hereby amended by the addition thereto of the following subsection:

  • “(3)

    • (a) The weekly rate of old age pension shall be increased by forty-five shillings for any period during which—

      • (i) the pensioner is so incapacitated as to require full-time care and attention,

      • (ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed female relative of the pensioner, and

      • (iii) the pensioner, but for the residence of the prescribed female relative, would be living either alone or with another adult (or other adults) who is (or all of whom are) unable to provide that care and attention, the residence in the household of a qualified child or qualified children being disregarded for the purpose of this subparagraph.

    • (b) Not more than one increase of pension shall be payable under this subsection or under section 26 (4) of the Act of 1952 (inserted by section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1968) in respect of any prescribed female relative.

    • (c) An application for an increase of pension under this subsection shall be decided by a deciding officer appointed by the Minister under section 41 of this Act.

    • (d) An increase of pension under this subsection shall not be payable in respect of a prescribed female relative except where—

      • (i) she left insurable employment for the purpose of residing with the pensioner to provide full-time care and attention, and

      • (ii) she had not less than 156 employment contributions paid in respect of that employment since the beginning of the period of the last five complete contribution years preceding the date on which she left that employment.”.

11 Amendment of Second Schedule to Act of 1952.

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

12 Amendment of Third Schedule to Act of 1952.

12.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1967) 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) Increase for adult dependant under section 26 (4) (where payable)
(1) (2) (3) (4) (5) (6)
shillings 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 65 52½ 15½ 10½ —
(ii) for any other married woman 52½ — — — —
(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 65 52½ 15½ 10½ —
where the person is not so entitled 52½ — — — —
2. Maternity Allowance 67½ — — — —
3. Widow's (Contributory) Pension:
where the widow is entitled to an increase for a qualified child or qualified children 67½ — 15½ 10½ 45
where the widow is not so entitled 65 — — — 45
4. Orphan's (Contributory) Allowance 42½ — — — —
5. Old Age (Contributory) Pension 72½ 60 15½ 10½ 45

”

13 Exclusion from calculation of means for old age pensions, widows' pensions and unemployment assistance of certain allowances or pensions under Army Pensions Acts, Military Service (Pensions) Acts or Connaught Rangers (Pensions) Acts.

13.—(1) Notwithstanding anything in the Seventh Schedule to the Act of 1952, the amount of any allowance, special allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1968, or pension under the Military Service (Pensions) Acts, 1924 to 1964, arising out of service in the period commencing on the 23rd day of April, 1916, and ending on the 30th day of September, 1923, or pension under the Connaught Rangers (Pensions) Acts, 1936 to 1964, shall be disregarded in the calculation of means under the Old Age Pensions Acts, 1908 to 1968, and the Widows' and Orphans' Pensions Acts, 1935 to 1968, and in the calculation of the sum of £165 mentioned in Rule 3 (1) (c) (as amended by the Social Welfare (Miscellaneous Provisions) Act, 1961) of the said Seventh Schedule.

14 New increased weekly rates under Social Welfare (Occupational Injuries) Act, 1966.

14.—(1) The Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by—

15 Restriction of section 13 of Act of 1966 and of certain regulations under section 32 of Act of 1952.

15.—(1) Section 13 of the Act of 1966 shall not during the relevant period operate to permit a person to receive a non-contributory old age pension in respect of that period or any part thereof solely because, by virtue of the increases in the rates of such pension under section 2 of this Act, the rate of such pension payable to that person would be greater than the rate of old age (contributory) pension or widow's (contributory) pension to which that person is entitled or greater than the rate of increase of old age (contributory) pension payable in respect of that person.

16 Provisions regarding contributions under Redundancy Payments Act, 1967.

16.—(1) An employr's redundancy contributions (within the meaning of section 27 of the Redundancy Payments Act, 1967) and an employee's redundancy contributions (within the meaning of the said section 27) payable in respect of any period commencing on or after the 6th day of January, 1969, shall be deemed to be employment contributions.

17 Short title, construction and collective citation.

17.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1968.

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