Social Welfare Act , 1976

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

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

“the Act of 1975” means the Social Welfare Act, 1975;

“the Regulations of 1975” means the Social Welfare (Variation of Rates of Payment) Regulations, 1975 (S.I. No. 215 of 1975).

2 Old age pensions (new rates).

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

(a) the substitution for subsection (2) (inserted by the Act of 1975) 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 £1.10 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 80 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 1976, 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 1976.

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

TABLE A

	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	1025	1300	1575	Plus, where there are more than two qualified children, £210 for each qualified child in excess of two.
exceed £6 but do not exceed £7	915	1190	1465
exceed £7 but do not exceed £8	805	1080	1355
exceed £8 but do not exceed £9	695	970	1245
exceed £9 but do not exceed £10	585	860	1135
exceed £10 but do not exceed £11	475	750	1025
exceed £11 but do not exceed £12	365	640	915
exceed £12 but do not exceed £13	255	530	805
exceed £13 but do not exceed £14	145	420	695
exceed £14 but do not exceed £15	No Pension	310	585

TABLE B

Means of claimant or pensioner	Weekly rate of increase
Where the weekly means of the claimant or pensioner—	£
do not exceed £6	510
exceed £6 but do not exceed £7	455
exceed £7 but do not exceed £8	400
exceed £8 but do not exceed £9	345
exceed £9 but do not exceed £10	290
exceed £10 but do not exceed £11	235
exceed £11 but do not exceed £12	180
exceed £12 but do not exceed £13	125
exceed £13 but do not exceed £14	070
exceed £14	Nil

”

and

(b) the substitution in subsection (5) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1969) of “five pounds, seventy new pence” for “five pounds, twenty new pence” (inserted by the Regulations of 1975).

(2) This section shall come into operation on the 2nd day of April, 1976.

3 Unemployment assistance (new rates).

3.—(1) In the Act of 1933, for the Schedule thereto (inserted by the Act of 1975), there is hereby substituted the Schedule to this section.

(2) Notwithstanding subsection (1) of this section the Schedule to the Act of 1933 inserted by the Act of 1975 (as varied by the Regulations of 1975) shall continue to apply in the case of a person for whom the yearly value of any advantage accruing to him from the use of land, the rateable valuation of which exceeds £15 and which is personally used or enjoyed by him, is calculated in accordance with section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1965, and accordingly, the rates of unemployment assistance to be taken into account in the case of such a person for the purposes of section 10 (3) (c) (inserted by the Social Welfare (Miscellaneous Provisions) Act, 1962) of the Act of 1933, shall be those specified in that Schedule (as so varied).

(3) This section shall come into operation on the 31st day of March, 1976.

SCHEDULE

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	£890	£855
Person with an adult dependant	£1535	£1490
Person with an adult dependant and one child dependant	£1810	£1765
Person with an adult dependant and two or more child dependants	£2085	£2040
	plus, where there are more than two child dependants, £210 for each child dependant in excess of two.	plus, where there are more than two child dependants, £210 for each child dependant in excess of two.
Person with one child dependant	£1180	£1145
Person with two or more child dependants	£1455	£1420
	plus, where there are more than two child dependants, £210 for each child dependant in excess of two.	plus, where there are more than two child dependants, £210 for each child dependant in excess of two.

4 Amendment of section 8 of Social Welfare (Miscellaneous Provisions) Act, 1965.

4.—(1) Section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1965, is hereby amended by the substitution for subsections (1) and (2) of the following subsections :

“(1) Subject to the provisions of sections 9 and 10 of this Act, the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) of this section from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 13 (1) (c) of the Act of 1933, be deemed to be an amount calculated—

(a) at the rate of £20 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £15 and at a proportionate rate for any portion of a pound of the valuation,

(b) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of a pound of the valuation,

(c) at the rate of £40 for every pound of the rateable valuation of the land in any case where the valuation exceeds £20 and at a proportionate rate for any portion of a pound of the valuation.

(2) (a) The Government may from time to time by order vary a rate specified in subsection (1) of this section or a rateable valuation so specified in relation to such a rate, and may by order provide for a further rate or rates in addition to those provided for in paragraphs (a), (b) and (c) of that subsection and specify a further valuation or valuations in relation to such rate or rates.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.”.

(2) This section shall come into operation on the 31st day of March, 1976.

5 Widows' (non-contributory) pensions, deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance (new rates).

5.—(1) Section 20 (inserted by the Act of 1952) of the Act of 1935 is hereby amended by the substitution of the following subsection for subsection (1) (inserted by the Act of 1975):

“(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 £1.10 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

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	1025	1365	1705	Plus, where there are more than two qualified children, £340 for each qualified child in excess of two.
exceed £6 but do not exceed £7	915	1255	1595
exceed £7 but do not exceed £8	805	1145	1485
exceed £8 but do not exceed £9	695	1035	1375
exceed £9 but do not exceed £10	585	925	1265
exceed £10 but do not exceed £11	475	815	1155
exceed £11 but do not exceed £12	365	705	1045
exceed £12 but do not exceed £13	255	595	935
exceed £13 but do not exceed £14	145	485	825
exceed £14 but do not exceed £15	No Pension	375	715

”

(2) This section, is so far as it relates to widows' (non-contributory) pensions only, shall come into operation on the 2nd day of April, 1976, and, in so far as it relates to deserted wife's allowance, social assistance allowance for unmarried mothers and prisoner's wife's allowance, on the 1st day of April, 1976.

6 Orphans' (non-contributory) pensions (new rates).

6.—(1) Section 25 (inserted by the Social Welfare Act, 1973) of the Act of 1935 is hereby amended by the substitution for the Table (inserted by the Act of 1975) to subsection (1) of the Table to this section.

(2) This section shall come into operation on the 2nd day of April, 1976.

TABLE

Means of Orphan	Weekly Rates
Where the weekly means of the orphan—	£
do not exceed £1	665
exceed £1 but do not exceed £2	555
exceed £2 but do not exceed £3	445
exceed £3 but do not exceed £4	335
exceed £4 but do not exceed £5	225
exceed £5 but do not exceed £6	115
exceed £6	No pension

7 Single woman's allowance (new rates).

7.—(1) Section 8 of the Social Welfare (No. 2) Act, 1974 is hereby amended by the substitution for the Table thereto (inserted by the Act of 1975) of the Table to this section.

(2) This section shall come into operation on the 1st day of April, 1976.

TABLE

Means of claimant or beneficiary	Weekly Rate
Where the weekly means of the claimant or beneficiary—	£
do not exceed £1	890
exceed £1 but do not exceed £2	780
exceed £2 but do not exceed £3	670
exceed £3 but do not exceed £4	560
exceed £4 but do not exceed £5	450
exceed £5 but do not exceed £6	340
exceed £6 but do not exceed £7	230
exceed £7 but do not exceed £8	120
exceed £8	No allowance

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

8.—(1) Section 21 (1) of the Social Welfare Act, 1970, which provides for old age (care) allowance, is hereby amended by the substitution of “£5.70” for “£5.20” (inserted by the Regulations of 1975).

(2) This section shall come into operation on the 1st day of April, 1976.

9 Social insurance benefits (new rates).

9.—(1) The Third Schedule to the Act of 1952 is hereby amended by the substitution for Part I (inserted by the Act of 1975) of the following Part:

“PART I

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	1090	710	310	260	—
(ii) for any other married woman	950	—	—	—	—
(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	1090	710	310	260
(ii) where the person is not so entitled	950	—	—	—	—
2. Invalidity Pension:
(a) 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	1090	710	310	260	570
(b) for any other married woman	950	—	—	—	570
3. Maternity Allowance	1090	—	—	—	—
4. Widow's (Contributory) Pension:
(a) in the case of persons under the age of eighty	1100	—	370	370	570
(b) in any other case	1185	—	370	370	570
5. Deserted Wife's Benefit	1100	—	370	370	570
6. Orphan's (Contributory) Allowance	800	—	—	—	—
7. Retirement Pension and Old Age (Contributory) Pension:
(a) in the case of persons under the age of eighty	1215	770	310	260	570
(b) in any other case	1285	770	310	260	570
(c) additional increase for an adult dependant who has attained pensionable age	—	145	—	—	—

”

(2) This section shall come into operation—

(a) in so far as it relates to disability benefit, unemployment benefit and maternity allowance, on the 5th day of April, 1976,

(b) in so far as it relates to deserted wife's benefit, invalidity pension and retirement pension, on the 1st day of April, 1976, and

(c) in so far as it relates to any other benefit, on the 2nd day of April, 1976.

10 Increase of certain rates of unemployment benefit.