SOCIAL WELFARE ACT, 1973

Type Act
Publication 1973-06-27
Last updated 1981-02-24
State Repealed superseded text
Text As published
articles 20

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 1972, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1972, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1972, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1970, AND THE SOCIAL WELFARE ACTS, 1952 TO 1973. [27th June, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

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 1946” means the Children's Allowances (Amendment) Act, 1946;

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

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

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

“the Act of 1972” means the Social Welfare Act, 1972;

“the Minister” means the Minister for Social Welfare.

2 Old age pensions (new rates and extension of means limits).

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

  • “(2) A pension shall, in lieu of any other rate, be—

    • (a) where the weekly means of the claimant or pensioner do not exceed £10.50—at the rate set forth in the Table to this subsection,

    • (b) where the weekly means of the claimant or pensioner exceed £10.50—at the rate at which, in accordance with the said Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said weekly means being treated for this purpose as £1; provided that if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50 new pence, the pension shall not be payable, and

    • (c) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with paragraph (a) or (b) of this subsection plus 50 new pence, and

    for the purposes of this subsection weekly means shall be the yearly means divided by fifty-two.

    TABLE

    Rate of Pension

    Weekly Rate Weekly Rate Weekly Rate Weekly Rate Weekly Rate Weekly Rate
    Means of claimant or pensioner Claimant or pensioner, no 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
    (1) (2) (3) (4) (4) (4)
    £ £ £ £ £
    Where the weekly means of the claimant or pensioner—
    do not exceed £4 6·15 7·80 9·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £4 but do not exceed £5 5·15 6·80 8·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £5 but do not exceed £6 4·15 5·80 7·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £6 but do not exceed £7 3·15 4·80 6·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £7 but do not exceed £8 2·15 3·80 5·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £8 but do not exceed £9 1·15 2·80 4·45 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £9 but do not exceed £9·50 0·65 2·30 3·95 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.
    exceed £9·50 but do not exceed £10·50 no pension 1·30 2·95 } Plus, where there are more than two qualified children, £1.25 for each qualified child in excess of two.

    and

    • (b) the substitution in subsection (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969) of “three pounds fifty new pence” for “three pounds” (inserted by the Act of 1972).
  • (2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1972) is hereby amended by the substitution of “four hundred and ninety-four pounds” for “two hundred and seventy-three pounds and seventy-five new pence” in subsection 1 (i).

  • (3) This section shall come into operation on the 6th day of July, 1973.

3 Unemployment assistance (new rates).

3.—(1) In the Act of 1933 for the Schedule thereto (inserted by the Act of 1972) there is hereby substituted the Schedule to this subsection.

SCHEDULE

Rates of Unemployment Assistance

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable Weekly rate of unemployment assistance applicable to persons resident in any urban area Weekly rate of unemployment assistance applicable to persons resident in any other place
Person without a dependant £5·35 £5·05
Person with an adult dependant £9·25 £8·85
Person with an adult dependant and one child dependant £10·90 £10·50
Person with an adult dependant and two or more child dependants £12·55 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two. £12·15 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two.
Person with one child dependant £7·15 £6·85
Person with two or more child dependants £8·80 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two. £8·50 plus, where there are more than two child dependants, £1·25 for each child dependant in excess of two.

4 Widows' (non-contributory) pensions (new rates and extension of means limits).

4.—(1) Section 20 (inserted by section 105 of the Act of 1952) of the Act of 1935 is hereby amended by the substitution for subsection (1) of the following subsection:

  • “(1)

    • (a) A widow's (non-contributory) pension shall, subject to the provisions of this Act, be—

      • (i) where the weekly means of the widow do not exceed £10.50—at the rate set forth in Table B to this subsection, and

      • (ii) where the weekly means of the widow exceed £10.50—at the rate at which, in accordance with the said Table B, the pension would be payable to the widow if her weekly means exceeded £9.50 but did not exceed £10.50, less £1 for each amount (if any) of £1 by which the said weekly means exceed £10.50, any fraction of £1 in the said weekly means being treated for this purpose as £1.

    • (b) For the purposes of this subsection, weekly means shall be the yearly means divided by fifty-two.

    TABLE B

    Weekly Rates of Widows' (Non-Contributory) Pensions

    Means of Widow Widow, no qualified child Widow, one qualified child Widow, two qualified children Widow, two qualified children Widow, two qualified children
    (1) (2) (3) (4) (4) (4)
    £ £ £ £ £
    Where the weekly means of the widow—
    do not exceed £4 6·15 8·15 10·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £4 but do not exceed £5 5·15 7·15 9·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £5 but do not exceed £6 4·15 6·15 8·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £6 but do not exceed £7 3·15 5·15 7·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £7 but do not exceed £8 2·15 4·15 6·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £8 but do not exceed £9 1·15 3·15 5·15 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £9 but do not exceed £9·50 0·65 2·65 4·65 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.
    exceed £9·50 but do not exceed£10.50 no pension 1·65 3·65 } Plus, where there are more than two qualified children, £2 for each qualified child in excess of two.

    ”

5 Orphans' (non-contributory) pensions (new rates and extension of means limits).

5.—(1) The Act of 1935 is hereby amended by the substitution for section 25 (inserted by the Act of 1952) of the following section:

“25. (1) An orphan's (non-contributory) pension shall, subject to the provisions of this Act, be at the rate set forth in the Table to this subsection.

TABLE

Weekly Rates of Orphans' (Non-Contributory) Pensions

Means of Orphan Weekly Rates
Where the weekly means of the orphan— £
do not exceed £1 4
exceed £1 but do not exceed £2 3
exceed £2 but do not exceed £3 2
exceed £3 but do not exceed £4 1
exceed £4 no pension
  • (2) Means of an orphan shall be calculated in accordance with the rules contained in the Seventh Schedule to the Social Welfare Act, 1952, and, for the purposes of this section, weekly means shall be the yearly means divided by fifty-two.”.

6 Children's allowances (new rates and extension of age limit for qualified children).

6.—(1) The Act of 1946 is hereby amended by—

“4. A child shall be a qualified child for children's allowances purposes if—

  • (1)

    • (a) he is under the age of sixteen years, or

    • (b) having attained the age of sixteen years he is under the age of eighteen years and—

      • (i) is receiving full-time instruction by day at any university, college, school or other educational establishment,

      • (ii) is an apprentice, or

      • (iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

  • (2) he is ordinarily resident in the State, and

  • (3) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.”,

and

  • “(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1973, and of the regulations thereunder, a person who is found to be qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance at the rate of—

    • (a) £2 where he is qualified in respect of one qualified child,

    • (b) £5 where he is qualified in respect of two qualified children,

    • (c) £8.75 where he is qualified in respect of three or more qualified children, plus £3.75 in respect of each qualified child in excess of three.”.

7 Old age (care) allowance (new rate).

7.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£3.50” for “£3” (inserted by the Act of 1972).

8 Social assistance allowance for unmarried mothers.

8.—(1) An allowance (in this section referred to as a social assistance allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—

9 Removal of restriction on qualification for unemployment assistance in the case of certain widows and spinsters.

9.—(1) For the purpose of satisfying the conditions specified in sections 10 (3) (f) and 15 (1) (f) of the Act of 1933 (inserted by paragraph 1 of Part 1 of the Sixth Schedule to the Act of 1952), any employment contribution under the Act of 1952 shall, in the case of a widow or spinster who has no dependant, be reckonable, and, accordingly, subparagraph (ii) of each of the said sections is hereby amended by the deletion of “at the ordinary rate”.

10 Removal of concession relating to certain cash income in calculating means for old age pensions.

10.—(1) Rule 3 (1) (c) of the Seventh Schedule to the Act of 1952 is hereby amended by the deletion of the matter inserted by section 19 of the Social Welfare (Miscellaneous Provisions) Act, 1961.

11 Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-nine” for “seventy” where it occurs:—

12 Removal of remuneration limit in respect of insured persons.

12.—(1) Employment, otherwise than by way of manual labour, at a rate of remuneration exceeding in value £1,600 a year shall cease to be an employment excepted from insurance under the Act of 1952 and, accordingly, Part II of the First Schedule to that Act is hereby amended by the deletion of paragraph 1 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1965, and amended by the Social Welfare (Remuneration Limit for Insured Persons) Order, 1971 (S.I. No. 163 of 1971)).

13 New rates of voluntary contributions and removal of liability of certain widows, deserted wives and unmarried mothers for employment contributions.

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

TABLE

Paragraph of Section 6 (2) Rate of Contribution
(1) (2)
Paragraph (a) 54p
Paragraph (b) £1·34

and

  • “(10) In the case of an employed contributor who is in receipt of a widow's (contributory) pension, a widow's (non-contributory) pension, deserted wife's benefit, a deserted wife's allowance or a social assistance allowance under section 8 of the Social Welfare Act, 1973, the rate of employment contribution specified in the Second Schedule to this Act as payable by the employed contributor shall not be payable.”.

14 Employment contributions (new rates).

14.—(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 following Table, of the rate set forth opposite the mention of that paragraph in the said column (1), in column (2) of that Table:

TABLE

Paragraph of Second Schedule Rate of Contribution
(1) (2)
£
Paragraph 1 (a):
(i) in the case of a male employed contributor 1·18
(ii) in the case of a female employed contributor 1·12
Paragraph 1 (b):
(i) in the case of a male employed contributor 1·51
(ii) in the case of a female employed contributor 1·49
Paragraph 2 (a) 1·06
Paragraph 2 (b) 1·37
Paragraph 2 A (a) 0·92
Paragraph 2 A (b) 1·35
Paragraph 3 (a) 0·85
Paragraph 3 (b) 1·13
Paragraph 3 A (a) 0·97
Paragraph 3 A (b) 1·49
Paragraph 4 (a) 0·24
Paragraph 4 (b) 0·30
Paragraph 5 (b) 0·30
Paragraph 6 (a) 1·09
Paragraph 6 (b) 1·49
Paragraph 7 (a) 1·09
Paragraph 7 (b) 1·44

15 Social insurance benefits (new rates).

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

“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 6·55 4·25 1·85 1·50 —
(ii) for any other married woman 5·35 — — — —
(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 6·55 4·25 1·85 1·50 —
(ii) where the person is not so entitled 5·35 — — — —
2. Invalidity Pension 6·55 4·25 1·85 1·50 3·50
3. Maternity Allowance 6·55 — — — —
4. Widow's (Contributory) Pension:
(a) in the case of persons under the age of eighty 6·60 — 2·15 2·15 3·50
(b) in any other case 7·10 — 2·15 2·15 3·50
5. Deserted Wife's Benefit 6·60 — 2·15 2·15 —
6. Orphan's (Contributory) Allowance 4·80 — — — —
7. Retirement Pension and Old Age (Contributory) Pension:
(a) in the case of persons under the age of eighty 7·20 4·65 1·85 1·50 3·50
(b) in any other case 7·70 4·65 1·85 1·56 3·50
(c) additional increase for an adult dependant who has attained pensionable age — 0·50 — — —

”

16 Increase of certain rates of unemployment benefit.

16.—(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 1972) there are hereby substituted the rates set forth in the Table to this subsection.

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 5·50 — 1·65 1·25
Any other person 5·35 3·90 1·65 1·25

17 Deserted wife's benefit.

17.—(1) Section 14 of the Act of 1952 is hereby amended by the insertion of the following paragraph after paragraph (l) (inserted by the Social Welfare (Pay-Related Benefit) Act, 1973) of subsection (1):—

  • “(m) deserted wife's benefit.”.

“25E (1) Subject to the provisions of this Act, deserted wife's benefit shall be payable to a woman—

  • (a) who has been deserted by her husband,

  • (b) who, if she is less than forty years of age, has at least one qualified child residing with her,

  • (c) who satisfies the relevant contribution conditions, and

  • (d) who satisfies such other conditions as may be prescribed.

  • (2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 22 (5) (a) of the Social Welfare Act, 1970.

  • (3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Act.”.

“28C (1) Subject to the provisions of this section, regulations made with the sanction of the Minister for Finance may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the relevant contribution conditions are not satisfied in relation to the average number of contributions paid or credited per contribution year.

  • (2) Regulations for the purposes of this section shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Third Schedule to this Act, and the rate specified by the regulations may vary with the extent to which the contribution conditions are satisfied, but any increase of benefit payable under subsection (1) of section 27 of this Act shall be the same as if the relevant contribution conditions had been fully satisfied.”.

“10. Deserted Wife's Benefit.

The contribution conditions for deserted wife's benefit are—

  • (a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and

  • (b) that, if at the relevant time four years or longer has elapsed since the husband's entry into insurance, the average per contribution year of the contributions paid in respect of or credited to him in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than forty-eight,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

In this paragraph ‘relevant time’ means the date on which the woman is determined to have been deserted by her husband.”.

18 Removal of restriction on married women in relation to certain benefits, and consequential abolition of marriage benefit.

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

  • “(c) marriage benefit, which shall consist of a marriage grant,”,

19 Occupational injuries benefits (new rates).

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

TABLE I

Degree of disablement Weekly rate
£
100 per cent 9·10
90 ” ” 8·19
80 ” ” 7·28
70 ” ” 6·37
60 ” ” 5·46
50 ” ” 4·55
40 ” ” 3·64
30 ” ” 2·73
20 ” ” 1·82

TABLE II

Degree of disablement Weekly rate
£
100 per cent 7·10
90 ” ” 6·39
80 ” ” 5·68
70 ” ” 4·97
60 ” ” 4·26
50 ” ” 3·55
40 ” ” 2·84
30 ” ” 2·13
20 ” ” 1·42

;

and

20 Short title, construction and collective citation.

20.—(1) This Act may be cited as the Social Welfare Act, 1973.

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