Social Welfare Act , 1975

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

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

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

“the Act of 1974” means the Social Welfare (No. 2) Act, 1974;

“the Minister” means the Minister for Social Welfare.

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

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

(a) the substitution for subsection (2) (inserted by the Act of 1974) 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 £15—at the rate set out in Table A to this subsection,

(ii) where the weekly means of the claimant or pensioner exceed £15—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 £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, 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 70 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 1975, 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 1975.

(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 £6	885	1120	1355	}	Plus, where there are more than two qualified children, £180 for each qualified child in excess of two.
exceed £6 but do not exceed £7	785	1020	1255
exceed £7 but do not exceed £8	685	920	1155
exceed £8 but do not exceed £9	585	820	1055
exceed £9 but do not exceed £10	485	720	955
exceed £10 but do not exceed £11	385	620	855
exceed £11 but do not exceed £12	285	520	755
exceed £12 but do not exceed £13	185	420	655
exceed £13 but do not exceed £14	085	320	555
exceed £14 but do not exceed £15	no pension	220	455

TABLE B

Means of claimant or pensioner	Weekly rate of increase
	£
Where the weekly means of the claimant or pensioner—
do not exceed £6	440
exceed £6 but do not exceed £7	390
exceed £7 but do not exceed £8	340
exceed £8 but do not exceed £9	290
exceed £9 but do not exceed £10	240
exceed £10 but do not exceed £11	190
exceed £11 but do not exceed £12	140
exceed £12 but do not exceed £13	090
exceed £13 but do not exceed £14	040
exceed £14	Nil

”

and

(b) the substitution in subsection (5) (inserted by the Act of 1969) of “four pounds, ninety-five new pence” for “four pounds, fifteen new pence” (inserted by the Act of 1974).

(2) Section 8 of the Old Age Pensions Act, 1924 (as amended by the Act of 1974) is hereby amended by the substitution of “seven hundred and twenty-eight pounds” for “five hundred and ninety-eight pounds” in subsection (1) (i).

(3) This section shall come into operation on the 4th day of April, 1975.

3 Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1974) there is hereby substituted the Schedule to this section.

(2) This section shall come into operation on the 2nd day of April, 1975.

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	£770	£735
Person with an adult dependant	£1325	£1280
Person with an adult dependant and one child dependant	£1560	£1515
Person with an adult dependant and two or more child dependants	£1795	£1750
	plus, where there are more than two child dependants, £180 for each child dependant in excess of two.	plus, where there are more than two child dependants, £180 for each child dependant in excess of two.
Person with one child dependant	£1020	£985
Person with two or more child dependants	£1255	£1220
	plus, where there are more than two child dependants £180 for each child dependant in excess of two.	plus, where there are more than two child dependants, £180 for each child dependant in excess of two.

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

4.—(1) Subsection (1) (inserted by the Act of 1974) of section 20 of the Act of 1935 is hereby amended by the substitution 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 £15—at the rate set out in Table B to this subsection, and

(ii) where the weekly means of the widow exceed £15—at the rate at which, in accordance with that Table, the pension would be payable to the widow if her weekly means exceeded £14 but did not exceed £15, less £1 for each amount (if any) of £1 by which those weekly means exceed £15, 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 £6	885	1180	1475	}	Plus, where there are more than two qualified children, £295 for each qualified child in excess of two.
exceed £6 but do not exceed £7	785	1080	1375
exceed £7 but do not exceed £8	685	980	1275
exceed £8 but do not exceed £9	585	880	1175
exceed £9 but do not exceed £10	485	780	1075
exceed £10 but do not exceed £11	385	680	975
exceed £11 but do not exceed £12	285	580	875
exceed £12 but do not exceed £13	185	480	775
exceed £13 but do not exceed £14	085	380	675
exceed £14 but do not exceed £15	no pension	280	575

”.

(2) This section shall come into operation on the 3rd day of April, 1975, 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 the Act of 1974, and on the 4th day of April, 1975, in all other cases.

5 Modification of rules relating to weekly means in relation to certain old age and widows' (non-contributory) pensions.

5.—(1) For the purpose of applying the weekly rates specified in the Tables inserted by sections 2 and 4 of this Act (or in any Tables subsequently substituted for those Tables) to a case where the weekly means of the claimant or pensioner are or include means assessed in accordance with paragraph (I) of Rule 1 of the Rules as to Calculation of Means contained in the Seventh Schedule to the Act of 1952, the weekly means shall, subject to subsection (2) of this section, be taken to be increased by £1.

(2) Subsection (1) of this section shall not apply where the weekly means assessed as specified in that subsection are less than £1.

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

6.—(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 (inserted by the Act of 1974) to subsection (1) of the Table to this section.

(2) This section shall come into operation on the 4th day of April, 1975.

TABLE

WEEKLY RATES OF ORPHANS' (NON-CONTRIBUTORY) PENSIONS

Means of Orphan	Weekly Rates
Where the weekly means of the orphan—	£
do not exceed £1	575
exceed £1 but do not exceed £2	475
exceed £2 but do not exceed £3	375
exceed £3 but do not exceed £4	275
exceed £4 but do not exceed £5	175
exceed £5 but do not exceed £6	075
exceed £6	No pension

7 Children's allowances (new rates).

7.—(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 the Act of 1974) of the following subsection:—

“(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1975, 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) £5.90 where he is qualified in respect of two qualified children,

(c) £10.25 where he is qualified in respect of three or more qualified children, plus £4.35 in respect of each qualified child in excess of three. ”.

(2) This section shall come into operation on the 1st day of April, 1975.

8 Single woman's allowance (new rates and extension of means limit).

8.—(1) Section 8 of the Act of 1974 is hereby amended by the substitution of the Table to this section for the Table to that section.

(2) This section shall come into operation on the 3rd day of April, 1975.

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	770
exceed £1 but do not exceed £2	670
exceed £2 but do not exceed £3	570
exceed £3 but do not exceed £4	470
exceed £4 but do not exceed £5	370
exceed £5 but do not exceed £6	270
exceed £6 but do not exceed £7	170
exceed £7 but do not exceed £8	070
exceed £8	no allowance

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

9.—(1) Section 21 (1) of the Act of 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£4.95” for “£4.15” (inserted by the Act of 1974).

(2) This section shall come into operation on the 3rd day of April, 1975.

10 Reduction of qualifying age for pension purposes.

10.—(1) Each of the following provisions is hereby amended by the substitution of “sixty-seven” for “sixty-eight” (inserted by the Act of 1974) 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-seven” for “sixty-eight” (inserted by the Act of 1974) in the definition of “pensionable age”.

(3) Section 81 (1) of the Act of 1952 (as amended by this Act) is hereby amended by the substitution of “sixty-seventh anniversary” for “sixty-eighth anniversary” (inserted by the Act of 1974).

(4) In the case of a person who attains the age of 56 years on or after the 1st day of April, 1975—

(i) the contribution condition for old age (contributory) pension set out in paragraph 6 (a) (inserted by the Act of 1960) of the Fourth Schedule to the Act of 1952 shall be construed as if “fifty-seven” were substituted for “sixty”, and section 11 (4) (i) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years, and

(ii) section 9 of the Act of 1952 (as amended by section 4 of the Act of 1960) shall be construed as if “fifty-seven” were substituted for “sixty”, and section 11 (4) (ii) of the Act of 1974 shall not apply on his attaining the age of fifty-seven years.

(5) (a) A person who attains the age of 68 years on or after the 1st day of April, 1975, but before the 3rd day of January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts in operation prior to the 1st day of April, 1975, if that would be to his advantage.

(b) A person who has attained the age of 68 years before the 1st day of April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Acts in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in his case under those provisions.

(c) Entitlement to a widow's (contributory) pension or deserted wife's benefit which is due to be determined by reference to the insurance record of a person attaining the age of 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(d) A widow or a deserted wife who under the provisions of the Acts in operation prior to the 1st day of April, 1975, has been awarded a widow's (contributory) pension or deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of April, 1975, have a right to such pension or benefit at the rate for the time being payable by reference to a yearly average of paid and credited contributions equal to the yearly average of paid and credited contributions calculated in her case under those provisions.

(e) In this subsection “the Acts” means the Social Welfare Acts, 1952 to 1975.

(6) This section shall come into operation on the 1st day of April, 1975.

11 Social insurance benefits (new rates).

11.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1974) of the following Part:

“PART I

RATES OF PERIODICAL BENEFITS AND OF INCREASES THEREOF