Social Welfare (No. 2) Act 1974

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 1952” means the Social Welfare Act, 1952;

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

“the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966;

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

“the Act of 1973” means the Social Welfare Act, 1973;

“the Minister” means the Minister for Social Welfare.

2 Old age pensions (new rates, extension of means limits, new allowances for adult dependants).

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

(a) the substitution for subsection (2) (inserted by the Act of 1973) of the following subsection:

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

(i) where the weekly means of the claimant or pensioner do not exceed £12.50—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £12.50—at the rate at which, in accordance with that Table, the pension would be payable if the weekly means of the claimant or pensioner exceeded £11.50 but did not exceed £12.50, less £1 for each amount (if any) of £1 by which those weekly means exceed £12.50, any fraction of £1 in those 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,

(iii) where the pensioner has attained the age of 80 years—at the rate of pension payable to him in accordance with subparagraph (i) or (ii) of this paragraph plus 55 new pence,

and the rate of pension so determined shall be increased, where the pensioner is one of a married couple, by the amount set out in Table B to this subsection—

(A) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1974, or

(B) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of pension under the Acts or any benefit or pension under the Social Welfare Acts, 1952 to 1974.

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

TABLE A

RATE OF PENSION

	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
(1)	(2)	(3)	(4)
	£	£	£
Where the weekly means of the claimant or pensioner—
do not exceed £5	730	925	1120	}	Plus, where there are more than two qualified children, £150 for each qualified child in excess of two.
exceed £5 but do not exceed £6	630	825	1020
exceed £6 but do not exceed £7	530	725	920
exceed £7 but do not exceed £8	430	625	820
exceed £8 but do not exceed £9	330	525	720
exceed £9 but do not exceed £10	230	425	620
exceed £10 but do not exceed £11	130	325	520
exceed £11 but do not exceed £1150	080	275	470
exceed £1150 but do not exceed £1250	no pension	175	370

TABLE B

INCREASE FOR AN ADULT DEPENDANT

Means of claimant or pensioner	Weekly rate of increase
	£
Where the weekly means of the claimant or pensioner—
do not exceed £5	365
exceed £5 but do not exceed £6	315
exceed £6 but do not exceed £7	265
exceed £7 but do not exceed £8	215
exceed £8 but do not exceed £9	165
exceed £9 but do not exceed £10	115
exceed £10 but do not exceed £11	065
exceed £11 but do not exceed £1150	040
exceed £1150	Nil

”

and

(b) the substitution in subsection (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969) of “four pounds, fifteen new pence” for “three pounds fifty new pence” (inserted by the Act of 1973).

(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1973) is hereby amended by the substitution of the words “five hundred and ninety-eight pounds” for “four hundred and ninety-four pounds” in subsection (1) (i).

(3) This section shall come into operation on the 5th day of July, 1974.

3 Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1973) there is hereby substituted the Schedule to this section.

(2) This section shall come into operation on the 3rd day of July, 1974.

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	£635	£605
Person with an adult dependant	£1095	£1055
Person with an adult dependant and one child dependant	£1290	£1250
Person with an adult dependant and two or more child dependants	£1485	£1445
	plus, where there are more than two child dependants, £150 for each child dependant in excess of two.	plus, where there are more than two child dependants, £150 for each child dependant in excess of two.
Person with one child dependant	£845	£815
Person with two or more child dependants	£1040	£1010
	plus, where there are more than two child dependants, £150 for each child dependant in excess of two.	plus, where there are more than two child dependants, £150 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 £12.50—at the rate set out in Table B to this subsection, and

(ii) where the weekly means of the widow exceed £12.50—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £11.50 but did not exceed £12.50, less £1 for each amount (if any) of £1 by which those weekly means exceed £12.50, any fraction of £1 in those 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.

(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 or more qualified children
(1)	(2)	(3)	(4)
	£	£	£
Where the weekly means of the widow—
do not exceed £5	730	970	1210	}	Plus, where there are more than two qualified children, £240 for each qualified child in excess of two.
exceed £5 but do not exceed £6	630	870	1110
exceed £6 but do not exceed £7	530	770	1010
exceed £7 but do not exceed £8	430	670	910
exceed £8 but do not exceed £9	330	570	810
exceed £9 but do not exceed £10	230	470	710
exceed £10 but do not exceed £11	130	370	610
exceed £11 but do not exceed £1150	080	320	560
exceed £1150 but do not exceed £1250	no pension	220	4

”

(2) This section shall come into operation on the 4th day of July, 1974, in the case of allowances payable by virtue of section 22 of the Act of 1970, section 8 of the Act of 1973 or section 9 of this Act, and on the 5th day of July, 1974, in all other cases.

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

5.—(1) Section 25 (inserted by section 5 of the Act of 1973) of the Act of 1935 is hereby amended by the substitution for the Table to subsection (1) of the Table to this section.

(2) This section shall come into operation on the 5th day of July, 1974.

TABLE

WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS

Means of Orphan	Weekly Rates
	£
Where the weekly means of the orphan—
do not exceed £1	475
exceed £1 but do not exceed £2	375
exceed £2 but do not exceed £3	275
exceed £3 but do not exceed £4	175
exceed £4 but do not exceed £5	075
exceed £5	No pension

6 Children's allowances (new rates).

6.—(1) Section 6 (inserted by section 3 of the Social Welfare (Children's Allowances) Act, 1952) of the Children's Allowances (Amendment) Act, 1946, is hereby amended by the substitution for subsection (1) (inserted by section 6 of the Act of 1973) of the following subsection:—

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1974, 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) £2.30 where he is qualified in respect of one qualified child,

(b) £5.60 where he is qualified in respect of two qualified children,

(c) £9.65 where he is qualified in respect of three or more qualified children, plus £4.05 in respect of each qualified child in excess of three.”.

(2) This section shall come into operation on the 1st day of July, 1974.

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 “£4.15” for “£3.50” (inserted by the Act of 1973).

(2) This section shall come into operation on the 4th day of July, 1974.

8 Single woman's allowance.

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

(a) who is single,

(b) who has attained the age of fifty-eight years but has not attained pensionable age, and

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) A single woman's allowance shall be at the rate set out in the Table to this section.

(3) The Minister may make regulations with respect to a single woman's allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending or extending that Act.

(4) This section shall come into operation on the 4th day of July, 1974.

TABLE

RATE OF SINGLE WOMAN'S ALLOWANCE

Means of claimant or beneficiary	Weekly Rate
	£
Where the weekly means of the claimant or beneficiary—
do not exceed £1	635
exceed £1 but do not exceed £2	535
exceed £2 but do not exceed £3	435
exceed £3 but do not exceed £4	335
exceed £4 but do not exceed £5	235
exceed £5 but do not exceed £6	135
exceed £6 but do not exceed £650	085
exceed £650	no allowance

9 Prisoner's wife's allowance.

9.—(1) An allowance (in this section referred to as a prisoner's wife's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than six calendar months,

(b) who has not attained pensionable age,

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

(d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a prisoner's wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under the Widows' and Orphans' Pensions Acts, 1935 to 1974, if her husband were dead.

(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 was dead, the child would be a qualified child in relation to her for the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1974.

(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with section 2 (6) of the Act of 1952 and the regulations under that subsection.

(5) The Minister may make regulations with respect to any matter relating to a prisoner's wife's allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act.

(6) This section shall come into operation on the 4th day of July, 1974.

10 Payment of certain benefits after death.

10.—(1) In this section “benefit” means—

(a) disability benefit (including any amount payable by way of pay-related benefit where appropriate),

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) unemployment assistance,

(d) injury benefit (including any amount payable by way of pay-related benefit where appropriate),

(e) old age (contributory) pension,

(f) retirement pension,

(g) invalidity pension,

(h) pension under the Old Age Pensions Acts, 1908 to 1974.

(2) Notwithstanding any provisions to the contrary in the Old Age Pensions Acts, 1908 to 1974, the Unemployment Assistance Acts, 1933 to 1974, the Widows' and Orphans' Pensions Acts, 1935 to 1974, or the Social Welfare Acts, 1952 to 1974, or regulations made under those Acts,

(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by the adult dependant of benefit in his own right, dies, payment of the benefit shall continue to be made for a period of six weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed and

(b) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 26 (3) (inserted by the Act of 1960) of the Act of 1952 or death benefit under section 17, 18, 19 or 21 of the Act of 1966 shall not commence until after the expiration of the period of six weeks mentioned in subsection (2) of this section except and to the extent that regulations otherwise provide.

(3) The section shall come into operation on the 1st day of July, 1974.

11 Reduction of qualifying age for pension purposes.

11.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-eight” for “sixty-nine” (inserted by the Act of 1973) where it occurs:—

(a) section 2 (1) of the Old Age Pensions Act, 1908,

(b) section 6 of the Old Age Pensions Act, 1932,

(c) section 10 (3) (b) of the Act of 1933,

(d) sections 21 (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1964), 22 (1) and 36 (a) (i) of the Act of 1935, and

(e) sections 80 (2) and 81 (1) of the Act of 1952.

(2) Section 2 (1) of the Act of 1952 is hereby amended by the substitution of “sixty-eight” for “sixty-nine” (inserted by the Act of 1973) in the definition of “pensionable age”.