SOCIAL WELFARE ACT, 1972

AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1971, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1971, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1971, AND THE SOCIAL WELFARE ACTS, 1952 TO 1971. [12th July, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—In this Act—

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

“the Act of 1968” means the Social Welfare (Miscellaneous Provisions) Act, 1968;

“the Act of 1969” means the Social Welfare (Miscellaneous Provisions) Act, 1969;

“the Act of 1970” means the Social Welfare Act, 1970;

“the Act of 1971” means the Social Welfare Act, 1971.

2 Increase of rates of old age pensions.

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

• (a) the substitution of “two hundred and seventy-three pounds” for “two hundred and sixty pounds” in each place where it occurs in subsection (2) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964),

• (b) the substitution of “two hundred and sixty pounds” for “two hundred and forty-seven pounds” in that subsection,

• (c) the substitution of “fifty new pence” for “forty new pence” in that subsection,

• (d) the substitution for the Table (inserted by the Act of 1971) to that subsection of the Table to this subsection, and

• (e) the substitution of “three pounds” for “fifty-five shillings” in paragraph (a) of subsection (5) (inserted by the Act of 1969).

TABLE

Rate of Pension

• (2) In the case of a pensioner who has attained the age of 80 years, the rate of pension payable to him in accordance with the Table (inserted by this section) to subsection (2) of the said section 77 shall be increased by fifty new pence.

• (3) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1971) is hereby amended by the substitution of “two hundred and seventy-three pounds” for “two hundred and sixty pounds” in subsection (1) (i).

• (4) Subsections (1) to (3) of this section shall come into operation on the 4th day of August, 1972.

3 Increase of rates of unemployment assistance.

3.—(1) In the Unemployment Assistance Act, 1933, for the Schedule thereto (inserted by the Act of 1971) there is hereby substituted the Schedule to this subsection.

SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE

• (2) Subsection (1) of this section shall come into operation on the 2nd day of August, 1972.

4 Increase of certain rates of unemployment benefit.

4.—(1) In the Table to section 5 (2) of the Social Welfare (Miscellaneous Provisions) Act, 1967, for the rates set forth therein (inserted by the Act of 1971) there are hereby substituted the rates set forth in the Table to this subsection.

TABLE

• (2) Subsection (1) of this section shall come into operation on the 3rd day of August, 1972.

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 by—

• (a) the substitution for subsection (1) (b) (inserted by the Act of 1971) of the following:

• “(b) (i) where the yearly means of the widow as duly calculated do not exceed two hundred and seventy-three pounds and seventy-five new pence, at the rate set forth in Table B to this subsection, and

  • (ii) where the yearly means of the widow as duly calculated exceed two hundred and seventy-three pounds and seventy-five new pence, at the rate at which the pension would be payable if the yearly means of the widow as duly calculated exceeded two hundred and sixty pounds and seventy-five new pence but did not exceed two hundred and seventy-three pounds and seventy-five new pence, less twenty-five new pence for each amount (if any) of thirteen pounds by which the said yearly means exceed two hundred and seventy-three pounds and seventy-five new pence, 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 fifty new pence a week, the pension shall not be payable”,

and

• (b) the substitution for Table B (inserted by the Act of 1971) of the following Table:

TABLE B

Weekly Rates of Widows' (Non-Contributory) Pensions

• (2) Subsection (1) of this section shall come into operation, in the case of allowances payable by virtue of section 22 of the Act of 1970, on the 3rd day of August, 1972, and, in all other cases, on the 4th day of August, 1972.

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

6.—(1) For the Table (inserted by the Act of 1971) to section 25 (inserted by the Act of 1952) of the Act of 1935 there is hereby inserted the Table to this subsection.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

• (2) Subsection (1) of this section shall come into the operation on the 4th day of August, 1972

7 Amendment of section 6 of Act of 1952.

7.—(1) Section 6 (2) (inserted by the Social Welfare (Amendment) Act, 1960) of the Act of 1952 is hereby amended by the substitution for the rate of voluntary contribution set forth in each paragraph mentioned in column (1) of the Table to this subsection of the rate set forth, opposite the mention of that paragraph in the said column (1), in column (2) of that Table.

TABLE

• (2) Subsection (1) of this section shall come into operation on the 2nd day of October, 1972.

8 Amendment of section 26 (4) of Act of 1952.

8.—(1) Subsection (4) (inserted by the Act of 1968) of section 26 of the Act of 1952 is hereby amended by—

• (a) the substitution for paragraph (a) of the following paragraph:

• “(a) The weekly rate of old age (contributory) pension and, in the case of a person who has attained the age of 70 years, of widow's (contributory) pension, retirement pension or invalidity 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 relative of the beneficiary, and

  • (iii) such conditions as may be prescribed are fulfilled.”,

and

• (b) the deletion of “female” in paragraph (b).

• (2) Subsection (1) of this section shall come into operation on the 5th day of October, 1972.

9 Amendment of section 47 of Act of 1952.

9.—Section 47 of the Act of 1952 is hereby amended by the substitution for paragraph (aa) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1963) of the following paragraph:

• “(aa) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with, on behalf of a claimant or beneficiary—

  • (i) in respect of disability benefit, unemployment benefit, invalidity pension, retirement pension or old age (contributory) pension, so much of the benefit or pension as is payable by virtue of section 26 or section 27 of this Act,

  • (ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 27 of this Act,

  • (iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 10 or section 11 of the Social Welfare (Occupational Injuries) Act, 1966.”.

10 Amendment of section 58 of Act of 1952.

10.—Section 58 of the Act of 1952 is hereby amended by the substitution of “twelve months” for “four months” in subsection (3).

11 Amendment of section 77 (5) of Act of 1952.

11.—(1) Section 77 (5) (inserted by the Act of 1969) of the Act of 1952 is hereby amended by the deletion of “female” in paragraphs (a) (ii) and (b).

• (2) Subsection (1) of this section shall come into operation on the 6th day of October, 1972.

12 Amendment of Second Schedule to Act of 1952.

12.—(1) The Second Schedule to the Act of 1952 is hereby amended by the substitution, for the rate of contribution set forth in each paragraph mentioned in column (1) of the Table to this subsection, of the rate set forth opposite the mention of that paragraph in the said column (1), in column (2) of that Table.

TABLE

• (2) Subsection (1) of this section shall come into operation on the 2nd day of October, 1972.

13 Amendment of Third Schedule to Act of 1952.

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

• (a) the substitution for Part I (inserted by the Act of 1971) 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)
	£	£	£	£	£
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	5·55	3·75	1·35	1·00	—
(ii) for any other married woman	4·35	—	—	—	—
(b) in the case of persons under the age of eighteen—
(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant	5·55	3·75	1·35	1·00	—
(ii) where the person is not so entitled	4·35	—	—	—	—
2. Invalidity Pension	5·55	3·75	1·35	1·00	3·00
3. Maternity Allowance	5·55	—	—	—	—
4. Widow's (Contributory) Pension:
(a) in the case of persons under the age of eighty	5·60	—	1·50	1·50	3·00
(b) in any other case	6·10	—	1·50	1·50	3·00
5. Orphan's (Contributory) Allowance	3·80	—	—	—	—
6. Retirement Pension and Old Age (Contributory) Pension:
(a) in the case of persons under the age of eighty	6·20	4·15	1·35	1·00	3·00
(b) in any other case	6·70	4·15	1·35	1·00	3·00

”

and

• (b) the substitution in Part II (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965), for the item inserted by the Act of 1970, of the following item:

“3. Death Grant:

• (a) in case the deceased person was a qualified child under the age of five years 7

• (b) in case the deceased person was any other qualified child 21

• (c) in any other case 35”.

• (2) Subsection (1) of this section shall come into operation—

• (a) in so far as it relates to disability benefit, unemployment benefit, maternity allowance and death grant, on the 2nd day of October, 1972,

• (b) in so far as it relates to invalidity pension and retirement pension, on the 5th day of October, 1972, and

• (c) in so far as it relates to any other benefit, on the 6th day of October, 1972.

14 Amendment of Fourth Schedule to Act of 1952.

14.—The Fourth Schedule to the Act of 1952 is hereby amended by the substitution of the following for paragraph 3 (b) (ii):

• “(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 beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.”.

15 Amendments relating to the extension of certain provisions of Act of 1952 to members of Garda Síochána.

15.—(1) The Act of 1952 is hereby amended by—

• (a) the insertion after paragraph 10 (inserted by the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1968 (S.I. No. 51 of 1968)) of Part I of the First Schedule of the following paragraph:

“11. Employment as a member of the Garda Síochána.”,

and

• (b) the insertion in section 12 (1) after subparagraph (g) (inserted by the Act of 1968) of the following:

“or

• (h) persons employed as members of the Garda Síochána.”.

• (2) Section 3 (3) of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by the insertion after subparagraph (d) of the following:

• “(e) employment as a member of the Garda Síochána.”.

• (3) This section shall come into operation on such date as the Minister by order appoints for that purpose.

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

16.—(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.

• (2) The regulations made under section 32 of the Act of 1952 (as amended by section 7 of the Act of 1966) and for the time being in force shall not during the relevant period operate to permit a widow to receive a widow's (non-contributory) 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 5 of this Act, the rate of such pension payable to her would be greater than the rate of widow's (contributory) pension payable to her.

• (3) In this section “the relevant period” means the period commencing on the 4th day of August, 1972, and ending on the 5th day of October, 1972.

17 Amendment of Social Welfare (Occupational Injuries) Act, 1966.

17.—(1) The Social Welfare (Occupational Injuries) Act, 1966, is hereby amended as follows:

• (a) in section 8 (3) (a) “six pounds and ten new pence” shall be substituted for “five pounds and fifty new pence” (inserted by the Act of 1971),

• (b) in section 8 (3) (b) “eight pounds and ten new pence” shall be substituted for “seven pounds and fifty new pence” (inserted by the Act of 1971),

• (c) in section 9 (7) (a) “five hundred and sixty-eight pounds” shall be substituted for “five hundred and twenty pounds” (inserted by the Act of 1971),

• (d) in TABLE I annexed to section 9 (8) “£8.10” shall be substituted for “£7.50”, “£7.29” for “£6.75”, “£6.48” for “£6”, “£5.67” for “£5.25”, “£4.86” for “£4.50”, “£4.05” for “£3.75”, “£3.24” for “£3”, “£2.43” for “£2.25” and “£1.62” for “£1.50” (inserted by the Act of 1971),

• (e) in TABLE II annexed to section 9 (8) “£6.10” shall be substituted for “£5.50”, “£5.49” for “£4.95”, “£4.88” for “£4.40”, “£4.27” for “£3.85”, “£3.66” for “£3.30”, “£3.05” for “£2.75”, “£2.44” for “£2.20”, “£1.83” for “£1.65” and “£1.22” for “£1.10” (inserted by the Act of 1971),

• (f) in section 9 (9) (b) (ii) “£1.62” shall be substituted for “£1.50” and “£1.22” for “£1.10” (inserted by the Act of 1971),

• (g) in section 10 (1) “three pounds and seventy-five new pence” shall be substituted for “three pounds and forty-five new pence” (inserted by the Act of 1971),

• (h) in section 11 (1), “one pound and thirty-five new pence” shall be substituted for “eighteen shillings” (inserted by the Act of 1970) and “one pound” shall be substituted for “thirteen shillings” (inserted by the Act of 1970),

• (i) in section 12(1) (a) “four pounds and thirty-five new pence” shall be substituted for “three pounds and ninety new pence” (inserted by the Act of 1971),

• (j) in section 12 (1) (b) “five pounds and fifty-five new pence” shall be substituted for “four pounds and ninety-five new pence” (inserted by the Act of 1971),

• (k) in section 13 (1) “£3” shall be substituted for “£2.75” (inserted by the Act of 1971),

• (l) in section 15 (1) (a) (i) “six pounds and ten new pence” shall be substituted for “five pounds and fifty new pence” (inserted by the Act of 1971),

• (m) in section 15 (1) (a) (ii) “eight pounds and ten new pence” shall be substituted for “seven pounds and fifty new pence” (inserted by the Act of 1971),

• (n) in sections 17 (2) and 18 (2) “seven pounds and sixty new pence” shall be substituted for “seven pounds” (inserted by the Act of 1971),

• (o) in section 18 (3) “three hundred and ninety-five pounds” shall be substituted for “three hundred and sixty-five pounds” (inserted by the Act of 1971),

• (p) in section 19 “one pound and fifty new pence” shall be substituted for “one pound” (inserted by the Act of 1971) in each place where it occurs,

• (q) in section 20 “two pounds and eighty new pence” shall be substituted for “two pounds and fifty new pence” (inserted by the Act of 1971) in each place where it occurs and “seven pounds and sixty new pence” shall be substituted for “seven pounds” (inserted by the Act of 1971) in each place where it occurs,

• (r) in section 21 (2) “four pounds and ten new pence” shall be substituted for “three pounds and sixty new pence” (inserted by the Act of 1971),

• (s) in section 22 “one hundred pounds” shall be substituted for “sixty pounds” (inserted by the Act of 1971) in each place where it occurs,

• (t) in section 25 (3) (a) “one pound and twenty-two new pence” shall be substituted for “one pound and ten new pence” (inserted by the Act of 1971),

• (u) in section 25 (3) (b) “one pound and sixty-two new pence” shall be substituted for “one pound and fifty new pence” (inserted by the Act of 1971).

• (2) Subsection (1) of this section shall come into operation on the 2nd day of October, 1972.

18 Amendment of section 21 (1) of Act of 1970.

18.—Section 21 (1) of the Act of 1970 is hereby amended—

• (a) by the substitution, with effect from the 3rd day of August, 1972, of “£3” for “£2 15s. 0d.” and, in paragraph (d), of “£351.75” for “£299. 15s”, and

• (b) by the deletion, with effect from the 5th day of October, 1972, of “female” in paragraph (b).

19 Amendment of section 22 (1) of Act of 1970.

19.—(1) Section 22 (1) of the Act of 1970 is hereby amended by the substitution of “forty years of age” for “fifty years of age” in paragraph (c).

• (2) Subsection (1) of this section shall come into operation on the 3rd day of August, 1972.

20 Short title, construction and collective citation.

20.—(1) This Act may be cited as the Social Welfare Act, 1972.

• (2) This Act—

• (a) in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1971, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1972,

• (b) in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1971, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1972,

• (c) in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1971, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1972,

• (d) in so far as it amends and extends the Social Welfare Acts, 1952 to 1971, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1972.